HomeMy WebLinkAboutNewport Beach Brewing Company - UP 3695 - 2920 Newport BlvdCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item 4
August 17, 2006
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, icampbe110city.newport- beach.ca.us
SUBJECT: Newport Beach Brewing Company
Use Permit No. 3685
2920 Newport Boulevard
On May 4, 2006, the Planning Commission discussed the operation of the Newport
Beach Brewing Company in response to concerns raised by nearby residents, property
owners and local business persons. Staff prepared a report providing a limited
background of the use and a discussion of the issues raised (Exhibit No. 1). At the
conclusion of the discussion, the Commission found that there was sufficient information
to review and possibly modify the Brewing Company's Use Permit.
PUBLIC NOTICE
The Newport Beach Brewing Company has been notified of this hearing. A hearing
notice indicating the review and potential modification of Use Permit No. 3484 was
published in the Daily Pilot, mailed to property owners within 300 feet of the property
(excluding roads and waterways) 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.
RECOMMENDATION
Staff recommends that the Planning Commission take public testimony and direct staff
to prepare revised conditions of approval for potential adoption at the next meeting.
Newport Beach Brewing Company
August 17, 2006
Page 2
BACKGROUND
The current use was established in 1993 with the approval of Use Permit No. 3485. The
staff report and minutes are attached (Exhibit No. 2). The establishment began
operating in 1994.
The Coastal Commission approved a modified project subject to conditions and the City
Council later modified the conditions to conform to the Coastal Commission special
conditions. Coastal Development Permit 5 -93 -137 is attached with the Coastal
Commission's staff report and deed restriction (Exhibit No. 3).
In September 1999, the City Council approved an amendment to the Use Permit to
allow full alcoholic beverage service while amending and adding conditions of approval.
The staff reports and minutes from the 1999 amendment are attached (Exhibit No. 4).
When the use was established, the neighborhood was different, as fewer residences
were located nearby. In the last several years, new mixed -use projects have been
constructed and occupied, and residential uses are now located in much closer
proximity to the use.
Since the last meeting, staff has met with the Brewing Company and concerned
residents to identify the problems and potential solutions. The operator has had their
attorney prepare a letter on their behalf indicating their position on the primary issues
and conditions of approval. Additionally, the letter outlines several steps the operator is
willing to consider (Exhibit No. 5).
DISCUSSION
The Cannery Village area is evolving and the residential component of this mixed use
village is emerging. This transition is a result of specific General Plan and Zoning
changes adopted in the late 1980's and early 1990's. While some might argue that the
Brewing Company was there first and the new residents should have known before they
bought into the neighborhood, it is also reasonable for a business to recognize the
nature of the neighborhood in which it is located and to adapt its operation to ensure
compatibility with the neighborhood.
At the time the Use Permit was approved in 1993, the City applied a standard
requirement that should the operation of the Brewery be found detrimental to the
community, the Planning Commission (or City Council on appeal) can add or modify
conditions of approval. The unstated purpose would be to address objectionable
aspects of the operation to alleviate problems.
Newport Beach Brewing Company
August 17, 2006
Page 3
Complaints against the operation fall into the following categories:
• Operation of a bar rather than a restaurant
• Violations of conditions of approval
• Objectionable behavior of patrons during late evening and early morning hours
both on and off -site
• Noise from property maintenance activities
Those aggrieved believe that the use constitutes a nuisance especially after
approximately 10:30PM when the use operates more like a bar than a restaurant. There
seems little objection to the use prior to the end of traditional meal service. The Brewing
Company is required to close at 11:OOPM Sunday through Thursday and 1:OOAM on
Friday and Saturday.
What is a restaurant/brewpub?
The City authorized a "restaurant/brewpub" and prohibited a bar, cocktail lounge,
nightclub, live entertainment venue or any other use that serves alcoholic beverages
during hours not corresponding to regular meal service (Condition No. 10). Condition
No. 10 reads:
"The approval of this use permit is for a restaurant/brewpub and shall not
construed as the approval of a bar, cocktail lounge, or other use serving alcoholic
beverages during hours not corresponding to regular meal service hours (food
products sold or served incidentally to the sale or service of alcoholic beverages
shall not be deemed as constituting regular meal service) nor as the approval of
a cabaret, nightclub, or other use with the principal purpose of providing live
entertainment and /or dancing."
It is clear that a restaurant is authorized. In staffs opinion, a brewpub is simply a
restaurant or bar where the beer is made on the premises and sold. The definition of a
brewpub might not include the term bar as differing definitions are found using different
dictionaries. Staff believes that the City authorized both a restaurant and a bar and it
can be reasoned that the use cannot be any one of the prohibited uses listed as a
primary use as the restaurant is the primary use.
Does the restaurant have to be open at the same time? Traditionally, the City requires
the kitchen to be open at all times for meal service. In this case, no requirement was
made other than the reference contained within Condition No. 10. it can also be argued
that the brewing of beer is also necessary, although this is not at issue unless the
brewing of beer contributes to any nuisance. The kitchen is reported to be open at all
times; however, a limited menu of appetizers is available in the late evening. The City
did receive a report from a resident indicating that they were told that the kitchen was
closed at approximately 11:00 PM on August 5th (Exhibit No. 6).
Newport Beach Brewing Company
August 17, 2006
Page 4
The use operates predominately like a bar after approximately 10:30PM. It is staffs
opinion, the use, as a whole, is primarily a restaurant as it operates as a restaurant
during the majority of its operating hours. Some believe that the City permitted a
restaurant based upon the description of the use put forth during the use's original
hearings in 1993. Although the restaurant use was marketed as the primary activity, the
applicant described the proposed use in 1993 an eating and drinking establishment."
The late evening and early morning hours authorized reflect an understanding by
decision makers that the use could take on a bar -like character since it is well known
that traditional meal service after approximately 11 PM is rare. This recognition is also
supported by calling the use a brewpub, which is a reference to a drinking
establishment unless one believes that a brewpub can not be a bar. Staff believes that
the use is prohibited from operating as a bar (or any use described as prohibited within
Condition No. 10) without the restaurant being considered the primary use.
The real question in staffs mind is whether or not the restaurant/brewpub is creating a
nuisance that requires specific action. That may be the case; however, if the Planning
Commission believes that the use. cannot take on a bar -like character in the late
evening, eliminating that aspect of the use would be necessary through Commission
action to modify the conditions and or findings that would describe the use. Given that
the majority of the complaints relate to late evening hours, the simplest solution would
be to curtail the hours of operation.
The operator's attorney has offered clarification of Condition No. 10 by suggesting the
following language be added: "regular meal service hours means the meal service
hours regularly established by the restaurant/brewpub. The service of alcoholic
beverages during regular operational hours of the restaurant/brewpub that do not
include meal service is prohibited." Staff is not comfortable with this language without
understanding what meal service hours the operator has established and whether or not
it would change in the future. If the term regular meal service requires clarification, staff
suggests that the Commission establish the meaning of the term; however, if specific
hours are identified, the second sentence appears to prohibit alcohol service outside
those hours.
Is alcohol "ancillary "? (Condition No. 9)
Condition No. 9 states that, "the operation of the brewery and the service of alcoholic
beverages shall be ancillary to the primary food service operation of the restaurant."
The Zoning Code defines an ancillary use as "a use that is clearly incidental to and
customarily found in connection with the principal use; is subordinate to and serves the
principal use; is subordinate in area, extent, or purpose to the principal use served;
contributes to the comfort convenience, or necessity of the operation, employees, or
customers of the principal use served..."
Newport Beach Brewing Company
August 17, 2006
Page 5
Some believe that the fact that the use operates more in the character of a bar in the
late evening with little food sales, the use is in violation of this condition. Furthermore,
the General Manager admitted at the last meeting that the sale of alcohol is roughly
90% after 11 PM and that it is roughly 50% during the day. Is alcohol ancillary to food
service? Although one can conclude that alcohol may not be ancillary to food service,
an alternative interpretation exists in that the operation of the use cannot occur without
the restaurant.
If the facts show that alcohol is not clearly incidential to food service, the Commission
should amend the condition to achieve a desired outcome. The applicant has suggested
a modification to the condition "The service of alcoholic beverages shall be ancillary to
the primary restaurant/brewpub service operation of the restaurant Accordingly,
alcoholic beverage service is not permitted independent of restaurant food or brewpub
services." Although this language could be applied, it changes the nature of the
condition. First, it excludes the operation of the brewery itself (retail sales of beer for off-
site consumption) and it changes the regulatory relationship between alcohol service
and food service. The new relationship proposed would be limited to alcohol sales and
the use entirely as opposed to food service specifically. The suggested change also
modifies the nature of the use to indicate that alcoholic beverage service cannot be an
independent use.
As noted previously, in similar cases, the City has required the kitchen to remain open
at all times. Simply opening the kitchen would not necessarily change the nature of the
use after approximately 10:30PM as most patrons appear to be more interested in
alcohol service. If it is determined that alcohol service should be curbed to be clearly
incidential to food service at all times given the definition of ancillary, staff would
suggest that the hours be limited to midnight or 11 PM as alcohol service prior to these
hours can more easily be viewed as incidential. Simply requiring the sale of alcohol to
be below a specific percentage of sales may or may not achieve a desired outcome and
it presents enforcement issues. If it is believed that the use is being operated as
intended, the condition should be amended to facilitate the use while reducing
conflicting interpretations or application.
How much area is permitted before 5PM? (Condition No. 6)
Condition No. 6 requires a reduction of net public area prior to 5PM weekdays. Staff has
monitored this condition periodically and has never observed a violation as the portion
of the dining area designated to be closed prior to 5PM has been closed when
observed. The condition does not apply to weekends and the full dining room is open on
weekends. The Coastal Commission required the same reduction in net public area
although their condition does not indicate when the condition is applicable. Coastal
Commission staff has indicated that the limitation applies daily and the issuance of the
Coastal Development Permit was predicated on the City's commitment to enforce the
special condition. In a letter date stamped "received October 13, 1993 by the Coastal
Newport Beach Brewing Company
August 17, 2006
Page 6
Commission," the City agreed to enforce the City's limitation that applied Monday
through Friday (Exhibit No. 7). Coastal Commission staff must have accepted this
commitment as there is no evidence to the contrary and they issued the Coastal
Development Permit shortly in early 1994.
Is there a lack of control of patrons in the parking lot?
Standard Requirement D requires the applicant to take "reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance" either occurring on site
or in the areas surrounding the establishment that are directly related to patrons of the
establishment. Many objectionable conditions have been reported, from patron behavior
to noise.
Primarily on Friday and Saturday evenings after approximately 10:30PM, the
establishment is close to capacity and there is a queue of several dozen patrons waiting
to get in. These people congregate in the parking lot and they can be boisterous.
Although the applicant indicates that restrooms are made available upon request,
people have been reported using the alley and adjacent properties as a toilet. When the
establishment closes, patrons have a tendency to loiter and again they can be
boisterous as they leave. In some cases, patrons wander to another night spot that has
later hours of operation and these people return later in the early morning hours to
retrieve vehicles and can be more of a nuisance. The operator has expressed a
willingness to tow cars from their lot after they close. The effectiveness of this proposal
is unknown and it might simply disperse the issue further into the neighborhood.
Fights, sexual encounters and vandalism have been reported to staff during the late
evening and early morning hours. The difficulty is determining where these people are
coming from and whether or not an establishment should be held responsible. Some of
these incidents may not be attributable to the restaurants or bars in the area let alone
the applicant. Obviously, the individuals who are committing these acts are responsible,
but it is reasonable to assume that most of these reported incidents are related to the
sale of alcohol and the concentration of restaurants and bars in the area.
Has the Brewing Company taken all reasonable steps to discourage and correct
objectionable conditions attributable to their patrons when they are open? The applicant
provides 3 -5 security guards who make sweeps of the parking lot and attempts to
control patrons waiting for entry. They discourage loitering on site in the parking lot
when they leave. Signs have been posted to alert patrons to be respectful of neighbors
as they come and go. Staff requested that the applicant prepare an enhanced security
plan in an effort to show how they can be more effective, and the applicant has not
provided their security protocols. Residents who live overlooking the parking lot report
that the applicant has not done enough especially in the light that the City has stepped
up monitoring since receiving the initial complaints.
Newport Beach Brewing Company
August 17, 2006
Page 7
One resident has suggested that the entrance of the facility be relocated to the street
side of the building. The main entrance is from the parking lot and if the main entrance
were located between the building and Newport Boulevard, even if only during the late
evenings, one might experience a reduction in activity in the parking lot. This would
benefit the residents to the east and south that abut the parking lot but it would not
eliminate all activity in the parking lot; however, it might simply create other impacts to
the west. The patio and the landscaping would need to be physically modified to
accommodate the patron queue and modified entrance and in staffs opinion, the
parking lot entrance is likely acceptable up until approximately 9:OOPM. This concept
has trade offs and it might be worthy of additional consideration if the Commission
directs. Based upon the applicant's letter and follow up communications, they appear to
be willing to consider this alternative during the late evening hours.
Although some nuisance issues are not attributable to patrons, the applicant is
proposing to cover and secure the trash enclosure. Since the closest housing is about
roughly 20 feet away and is 2 -3 stories in height, this should help these residents.
Condition No. 14 requires screening of the trash enclosure. The applicant proposes to
change the method in which recycling of bottles is handled to reduce noise. Dumping
bottles into a metal trash bin will make an objectionable noise especially when it is done
around 2AM. The applicant proposes to place the bottles in plastic bins within the
interior of the restaurant and then the bins would be loaded onto a truck. The applicant
has also expressed his commitment to schedule all waste pickup (trash, recycling &
grease trap vactoring) at more reasonable hours of the day. All of these offerings are
steps in the right direction.
Are the owner, manager and employees properly trained?
In the applicant's letter, they are offering to have all applicable employees complete
alcohol service training. Standard requirement F requires the owner, manager and all
employees to undergo and successfully complete certified training program on
responsible sales and service of alcohol. Although this condition indicates that
compliance is required within 6 months from permit issuance, no information regarding
initial or ongoing compliance was available. Staff recommends that this condition be
amended to reflect the need to make this condition perpetual and that a report be
submitted annually by the applicant documenting compliance with this condition as the
applicant's staff changes over time. Staff has requested confirmation that the owner,
managers and employees have or will soon complete this required training, but to date,
the operator has not provided any additional information other than their letter.
Summary
In the prior report, staff wrote that the complaint indicates that the operator has no
regard for the neighborhood and it was staffs impression that this statement was not
correct as they seemed reactive to addressing the complaints. Staff believes the
Newport Beach Brewing Company
August 17, 2006
Page 8
applicant is willing to make improvements and modify their operation to address
neighbor concerns, but based upon the operator's brief response letter (Exhibit No. 5),
the applicant seems to be seeking specific guidance from the City. Although the
applicant has made some efforts to address the neighborhood complaints, lingering
issues remain. Clarification of several conditions of approval is necessary depending
upon how the Commission views the nature of the operation.
Staff recommends the following:
1. Condition No. 9 should be modified to eliminate the conflict between the term
ancillary and the true nature of the operation.
2. Condition No. 10 should also be modified to clarify what is permitted and what is
not.
3. Require that a screening cover be constructed on the trash enclosure.
4. Require that a new entrance be implemented on the Newport Boulevard side of
the building for use after 9:00 PM Thursday through Sunday.
5. Require the preparation of a detailed security plan and its implementation.
The Planning Commission can direct staff and the applicant to implement the items
listed above. The Commission can add or modify the list of potential changes to this
Use Permit. Staff would return with the changes to the conditions and the change to the
plans for the Commission to review at a future hearing. If testimony received supports
revocation, the action can be delayed to a future noticed public hearing as revocation
was not an identified option within the notice for this hearing. The Commission also has
the option to continue to monitor the situation and direct no changes at this time.
Prepared by: Submitted by:
Ja es Campbell, 8eni'd Planner
Attachments:
atricia L. emple, R anning Director
1. Staff report and minutes from May 4, 2006
2. Staff report and minutes from 1993 for Use Permit No. 3485
3. CDP 5 -93 -137 and supporting documents
4. Staff report and minutes from 1999 amendment of Use Permit No. 3485
5. Letter from the applicants attorney dated August 8, 2006
6. E -mail from Joe Reiss dated August 9, 2006
7. Letter from City to Coastal Commission regarding enforcement of net public area
Exhibit No. 1
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item 3
May 4, 2006
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner FILE COPY
(949) 644 -3210, iampbell (Wcity.newport- beach.ca.us
SUBJECT: Newport Beach Brewing Company
2920 Newport Boulevard
INTRODUCTION
On April 20, 2006 under public comments, the Planning Commission received a letter
from The Cannery Village Concerned, which is a group of residents, property owners
and business persons in Cannery village, 4ontending that the Newport Beach Brewing
Company is violating its Use Permit (Exhibit No. 1). The letter goes on to request that
the Use Permit be reviewed by the Planning Commission. The Commission requested
that a report be prepared.
RECOMMENDATION
Receive and file.
DISCUSSION
Background:
The current use was established in 1993 with the approval of Use Permit No. 3485. A
former market/deli was converted into the existing restaurant/brew pub and a 600
square foot outdoor patio was approved. The property is located at 2920 Newport Blvd.
in the Specialty Retail area of the Cannery Village /McFadden Square specific plan.
The Use Permit was approved subject to revisions of the off -site parking agreement
which would have allowed the applicant to use 29 parking spaces in the Cannery Village
Municipal parking lot prior to 5 p.m. However, at the Coastal Commission hearing in
July, the staff and Coastal Commission disagreed with the action that had been taken
by the City and it was their determination that the use of the 29 parking spaces in the
city lot would conflict with the public's ability to use the parking lot prior to 5 p.m.
NI
Newport Beach Brewing Company
May 4, 2006
Page 2
The Coastal Commission approved a modified project subject to four conditions: 1) that
the applicant record a deed restriction which would allow not more than 1500 square
feet of service area being used prior to 5PM ; 2) that 41 off -site parking spaces will be
maintained between 6AM and 5PM and 67 off -site parking spaces between 5 p.m. and
2 a.m., (the 41 off -site parking spaces between 6AM and 5PM are on privately owned
property under the same ownership immediately adjacent to the brewpub and the
additional spaces would be in the Municipal lot prior to 5 p.m.; 3) that the City Council
%foscind`its'Oarildeoction allowing the use of the off -site parking spaces in the Municipal
"1oLpfi6r to.tPM; 4) that the City will agree to enforce the restrictions on the area of
service (the 1500 square feet being used prior to 5PM). The City Council later modified
the project and conditions to conform to the Coastal Commission special conditions.
In September 1999, the City Council approved an amendment to the Use Permit to
allow Newport Beach Brewing Company full alcoholic beverage service as well as
amending Condition No. 7 related to the hours of operation on Fridays and Saturdays.
The final revised findings and conditions of approval are attached.
DISCUSSION
The letter Mr. Low presented to the Commission on April 20th was received back in
January of 2006. Since that time, Code Enforcement, Planning and Police Department
staff have been investigating and monitoring the use. Police and Code Enforcement
have meet with concerned residents and management of the Brewing Company. As a
result, the Brewing Company has been taking steps to reduce incidents that are
attributable to their patrons as well as to ensure that the use is operated in compliance
with condition. They have increased their efforts to control the parking area by
monitoring and controlling the people waiting to enter the establishment and they have
increased sweeps of the parking lot by security personnel.
`The' Police Department reports that there were 14 calls for services that are reasonably "
attributable to the operation since June of 2005. Seven of the calls were for noise in the
parking lot. There was one fight at the establishment and one arrest of an unconscious
drunk man in the parking area although it is not known if the man was a patron at the
Brewing Company. The Police Department does not believe that the number of calls
and incidents are above average. The Department has stepped up patrols and is
monitoring the establishment. Checks to date have shown no violations of their ABC
license nor any violations of State law related to serving intoxicated or underage
individuals.
The Department of Alcoholic Beverage Control has been contacted and has informed
the City that they are conducting an investigation as a result of the complaints submitted
by Mr. Low. The investigation is not complete and staff will follow up with ABC staff and
will take action if appropriate.
(X
Newport Beach Brewing Company
May 4, 2006
Page 3
Alleged Use Permit Violations
Condition No. 6- Net public area (NPA) limitation
This condition requires a reduction of net public area prior to 5PM weekdays.
Staff has monitored this condition periodically and has never observed a violation
as the portion of the dining area designated to be closed prior to 5PM has always
been closed. The condition does not apply to weekends.
The complaint indicates that the Coastal Commission special condition applies
daily and that the Condition No. 6 was not amended correctly to reflect what the
Coastal Commission requires. The Coastal Commission's condition requires that
a deed restriction be recorded and it makes no reference to when the net public
area restriction would apply. Staff has requested a copy from Coastal
Commission staff and will transmit it to the Commission when it is received. Prior
to Coastal Commission consideration, the City's original condition applied the
area limitation to weekdays and not weekends and this would have been the
starting point for discussion with the Coastal Commission. There is no record in
the City's possession to indicate that the Coastal Commission intended to limit
the net public area on weekends; however the deed restriction may shed some
light on the issue. When the City amended its conditions after Coastal
Commission action, the City maintained the NPA limitation to weekdays so one
can safely conclude that changing it was not an issue with the City at that time.
2. Condition No. 9 - Ancillary alcohol sales
The complaint does not provide any evidence of a violation. The condition does
not provide any method to gauge compliance. The condition could be modified in
the future to indicate a percentage-of alcohol sales to food sales.
3. Condition No. 10 —Bar prohibition
This condition indicates that the allowed use is a "restaurant/brewpub" and it
prohibits the use from becoming a bar, cocktail lounge, or other use serving
alcoholic beverages during hours not corresponding to regular meal service. It is
staffs belief that the use remains primarily a restaurant/brewpub although the
use takes on characteristics of a bar during late evening hours. A strict
interpretation of this condition would prohibit alcohol sales outside traditional
meal times; however, the operation is open to 11 PM Sunday to Wednesday and
1 AM from Thursday to Saturday. The City has taken the position with similar
uses that so long as the operator provides full meal service when open, the use
would not be considered a bar. Staff understands that the operation has a limited
menu later in the evening primarily consisting of appetizers.
15
Newport Beach Brewing Company
May 4, 2006
Page 4
4. Condition No. 17 — BBQ usage and alcohol use in the parking lot
Condition No. 17 requires a special events permit for events or promotional
activities outside normal operational characteristics of the use that would attract
large crowds. The complaint speaks to the use of a BBQ and the consumption of
alcohol in the parking lot. The Use Permit does not prohibit the use of a BBQ and
the operator must not interfere with the use of the parking lot or exiting. The
consumption of alcohol by anyone outside of the building or patio is not
consistent with the operating characteristics and would constitute a violation.
5. Condition D — Objectionable conditions
The complaint indicates many objectionable activities. As noted previously, the
operator has agreed to monitor and moderate the activities in the parking lot.
Further monitoring of the operator's efforts is needed. Some of the complaints
regarding patron behavior are violations of law and if witnessed, the Police
Department should be summoned. Due to the fact that the Police Department
cannot patrol the establishment as often as possibly necessary, uniformed
security in addition to the bouncers on the busiest nights may be considered.
With regards to the trash area and trash dumping, the operator indicates that
they have instructed their employees to secure the trash area and dump trash in
a more sensitive manner. The trash dumpster is not located in a superior location
as newly constructed residential units, including Mr. Low's unit, are located in
close proximity. One simple way to eliminate trash dumping noise after hours is
to prohibit it with a new condition. Trash would then need to be stored within the
building or possibly on the patio overnight and dumped in the morning as a
reasonable hour assuming that this practice is consistent with the Health
Department' rules. Staff is looking into the possibility of relocating or covering the
trash enclosure.
6. Condition E — grounds maintenance
This condition requires the operator to remove all trash or debris from the
property and sidewalks daily. The operator indicates that they will ensure
compliance with this condition. Staff has visited the site on several occasions
since receiving the initial complaint letter and found the site to be free of trash as
required.
7. Condition F — Employee alcohol service training
The operator has been directed to submit evidence of compliance with this
condition.
IA
Newport Beach Brewing Company
May 4, 2006
Page 5
Summary
The complaint indicates that the operator has no regard for the neighborhood. Staffs
collective impression is that this statement is not correct as the operator has been
responsive to addressing the nuisances that do occur from time to time at the
establishment.
The complaint is correct in that the Cannery Village is a neighborhood in transition.
Several mixed use projects have been built and occupied in the immediate area of the
NBBC and staff believes that the trend will continue. Staff does not agree with the
complainant's contention that the Council erred in the approval of this operation. The
NBBC has been co- existing fairly well, although not perfectly, with the neighborhood
since 1993. Staff agrees with the complainant in that the immediate neighborhood is
changing with the introduction of additional residents. The neighborhood is a mixed use
neighborhood in which nuisances do and will occur more often than purely residential
neighborhoods.
The applicant is aware of fact that it is their responsibility to be a good neighbor as well
as the fact that they must comply with the Use Permit. They have been responsive to
living up to their obligations and staff believes that continued monitoring is needed.
The City will continue to monitor the situation and take enforcement actions necessary
to ensure compliance with the Use Permit.
Potential courses of action
The Planning Commission can set this use permit for review and possible amendment
or revocation at a future noticed public hearing. This agenda item is for discussion
purposes only and no amendments to the conditions can be made at this time.
Prepared by: Submitted by:
� W ri-WO �A
Yines Campb 11, Senior Planner
Attachments:
1u 4
Patricia L. Temple, Planning Director
Complaint letter from The Cannery Village Concerned
Current conditions of approval
J5
The Cannery Village Concerned
A group of residents, property owners and business persons In the Cannery village
January 25, 2006
City of Newport Beach
330 Newport Boulevard
Newport Beach, California 92663
Attn: Code Enforcement
Pollee Department
Planning Commission
RE Newport Beach Brewing Company
2920 Newport Boulevard, Newport Beach
Use Permit Number 3485 (9/13/1999)
Dear Sir /Madame:
The purpose of this letter Is to request compliance enforcement with "Use Permit" number 3485,
Issued to the Newport Beach Brewing Company and a formal request for a "Use Permit" review by
the Planning Commission.
BACKROUND:
The Newport Beach Brewing Company, hereinafter referred to as (NBBC), operates a restaurent/pub
at the above location, which was established on or about 1990. The most recent "Use Permit" was
granted in 1999, subsequent to a request by NBBC to add an ABC No. 75 alcohol license, which
allowed the NBBC to add hard liquor, over and above, beer and wine (ABC type 23 license) at the
subject location. The Planning Commission denied the request The request was overturned and
approved by the City Council.
The applicant's main argument for the addition of the ABC 75 alcohol license as stated by Keith
Vohr, a shareholder in the NBBC, "the Idea of adding alcohol service, Is to stay competitive and
Improve the restaurant." Additionally, the applicant represented "We have from day one attempted
to be more of a restaurant than a bar." And "We are not and do not have any desires to become a
nightclub.. " And Roz Salomon, the owner of NBBC stated 9 live In the area and will do everything
possible to maintain harmony." And Mike Madlock, vice president of NBBC, represented "As a local
resident, I want to keep peace in the neighborhood. One of the problems that existed in the past Is
being taken care of with the closing of Snug Harbor and the Cannery Restaurant." (Above quotas
from Planning Commission minutes August 5, 1999 and "Supplemental Information for Agenda
Item No. 17 dated 9/13/99. Both documents are enclosed).
Upon the representations of the applicant, the Planning Commission and the California Coastal
Commission imposed conditions upon the applicant's "Use Permit." The Planning Commission and
the California Coastal Commission anticipated the "parade of horribles" with rasped to the
neglectful behavior of the NBBC, however; after Planning Commission denial and an appeal by the
NBBC, the City Council approved the NBBC request. The City Council did not fully consider the needs
of the Cannery Village "mixed use" community In transition and was over optimistic with respect to
Exhibit No. 1 16
the operators of the NBBC and the adverse Impact of the NBBC to the health, safety, peace, morals,
comfort and general welfare of the community.
ERROR IN "USE PERMIT":
The California Coastal Commission Imposed conditions on the NBBC. The conditions are
Incorporated In the "Coastal Development Permit" dated January 21, 1994. (Copy enclosed) Under
"Special Conditions" Item 1. "Deed Restriction Limiting Daytime Use" specifically elates "... no
more than 1,500 square feet of service area of the subject restaurant/brewpub shall be open before
5 p.m
The California Coastal Commission, at It's meeting in July 1993, made a determination that the
offsite parking agreement between the NBBC and the City of Newport Beach "would conflict with the
public use of the same spaces prior to the hour of 5 p.m. and therefore took action to modify the
approval, subject to four conditions ... 4) that the City will agree to enforce the restrictions of the
area of service (the 1500 square feet being used prior to 5 p. m.)". (quote from the City of Newport
Beach Council meeting minutes of September 27, 1993 volume 47 pages 253 & 254 (copy
enclosed)).
Furthermore, When Mayor Turner opened the public hearing on "Use Permit" number 3485, he
specifically stated `reduce the allowable daytime "net public area" to 1500 square feet before 5:00
p.m." (Council Meeting minutes Volume 47 page 253 Item 9} "James Person, representing the
applicant, stated they feet this Is a reduction of intensity of use from the time It was approved by the
City Council last March; however they do agree to the conditions of approval Imposed by both the
City and the Coastal Commission." (Council Meeting minutes September 27, 1993 Volume 47 page
254).
The "Ike Permit" as executed on September 13,1999 (copy enclosed) mistakenly, In condition
number 8, only restricts the 1500 square feet of net public area devoted to daytime use on Monday
through Friday. it does not Include Saturday and Sunday which was a specific condition of the
California Coastal Commission and the City Council. We are unable to find any evidence to the
contrary.
Therefore, we request a review of "Use Permh" 3485 to correct the serious error in the wording of
the "Use Permit" and the Planning Commission needs to review the °Use Permit" to ensure that the
health, safety, peace, morals, comfort and general welfare of the community are protected.
JURISDICTION and CONTROL
The City of Newport Beach has jurisdiction over the NBBC and Is obligated to enforce the conditions
of the "Use Permit" Imposed by the City of Newport Beach and the California Coastal Commission.
The City of Newport Beach has control over the NBBC and may review the "Use Permit" under section
(K.) of said permit
K. The Planning Commission may add or modify conditions of approval to this use
permit upon a determination that this use permit causes Injury, or IS
detrimental to the health, safety, peace, morals, comfort, or general welfare of
the community.
POLICE DEPARTMENT COMPLAINTS:
The Newport Beach Police Department has been called repeatedly to correct infractions and
disturbances by the NBBC. The police department generally responds to the complaints by residents,
property owners and business persons. It Is dear the police department is "numb" and the
neighborhood Is "frustrated and outraged" from the frequent Infractions and disturbances; however,
it Is not acceptable that most police officers cannot do very much to resolve the complaints and
verbally respond to the neighborhood by saying "you should not live next to a bar." We respect the
) 7
authority of the Police Department; however, the rights of all parties deserve the protection afforded
by the applicable codes and laws.
SPECIFIC CRITICAL VIOLATIONS:
The NBBC blatantly violates, on a continual basis, several conditions of the "Use Permit.' Residents,
property owners and business persons have attempted to effectuate responsible co- operation and
adherence to the "Use Permit" by way of open dialogue with the owners and management of the
NBBC. The dialogue felts on deaf ears. No change has occurred.
A copy of the "Use Permit" Is enclosed and Incorporated with this document.
The specific violations are as follows.
1 Condition 6. The NBBC operates In a net public area greater than 1,500
square feet prior to 5 pm dally. Routinely (weekends), and duringspeclal
events sponsored by the NBBC (televised sporting events, a g. college
sports, Super Bowl and World series, to mention a few) there is total
disregard for this condition.
z Condition 9. The operation of the NBBC and the service of alcoholic
beverages Is not ancillary to the primary food service operation.
8. Condition 10. The NBBC Is a "bar, cocktail lounge, or other use serving
alcoholic beverages...
4. Condition 17. The NBBC routinely cooks with a BBQ outside the front
door (by the parking lot) on Saturdays and Sundays. Patrons and
employees are permitted to consume alcoholic beverages in the parking lot
during the'food service' operation from the BBQ.
s. Condition D. The NBBC has failed to correct objectionable conditions
that constitute a nuisance In the parking areas, sidewalks, alleys and areas
surrounding the alcoholic beverage outlet and adjacent properties.
a. The NBBC allows a noisy "cue -up" line in the parking lot In the
day and night which can swell to 75 patrons, or more, waiting
to gain entrance to the establishment. The patrons "scream
and yell" In a party atmosphere wafting to gain entrance.
b. There are no toilet facilities for the crowd. The patrons
routinely vomit, urinate and defecate In the surrounding
residences and business properties. .
c. Patrons have been observed in various sexual acts In the
stairways and earners of adjacent properties. Panties and bras
are often found on the adjacent properties in the mornings.
d. Destruction, by the drunken patrons; to private property and
the. residences and businesses is a common occurrence.
e. Slnceemoking is not permitted In the building, patrons are
Instructed and permitted to smoke tobacco In the parking lot
The patrons continue the "party atmosphere" with no regard
for the peace or general welfare of the neighbors.
f. Patrons loiter In the parking lot and adjoining areas,
"screaming and yelling" sometimes for hours after the
establishment closes. This prevents residents from sleeping In
their homes usually until 8 am on Friday and Saturday and 1
am on many weekdays. The loitering of over-served patrons
often erupts Into fights and confrontation.
Y
g. The trash containers.are full and left open. The disposal of
"hops and barley" from the brewing operation are left open for
the birds to eat at their leisure. The odor Is disgusting. The
procedure of "cleaning up" the bar operation results in bottles
and trash being dumped by employees well after the NBBC
hours of operation have expired.
6. Condition E. The parking lot and surrounding areas are riddled with
litter and trash which requires the residents and business owners to pick up
trash continually to maintain an acceptable environment.
6. Condition F. The employees of the NBSC do not receive their
certified training as required by the "Use Permit."
The NBBC allows. unbearable conditions to exist, all of which are critical violations of the "Use
Permit" The NBBC has no regard for their neighbors or neighborhood:
in the spirit of "peaceful coexistence" and "civllity" the City of Newport Beach, the Alcohol and
Beverage Control, The California Coastal Commission and the Newport Beach Police Department
must act promptly and effectively to restore order to the neighborhood.
Sincerely,
The Cannery Village Concerned
cc: Alcohol and Beverage Control
California Coastal Commission
Err "B"
FINDINGS AND CONDITIONS FOR APPROVAL
FOR
USE PERMIT N0.3485 (AMENDED)
APPROVED By Crrr COUNCIL 09 /13/1999
FINDINGS:
1847
1. The Land Use Element of the General Plan designates the site for "Retail and
Service Commercial' uses and a restaurant/brewpub is considered a permitted
use within this designation.
2. The project is located within the Cannery Village/McFadden Square Specific
Plan (SP -6) - Specialty Retail (SR) District that permits eating and drinking
establishments with a use permit.
3. On -sale alcoholic beverage outlets are permitted with the approval of a use
permit.
4. 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).
5. The approval of the amendment to Use Permit No. 3485 to allow a full on -sale
alcoholic beverage service will not, under the circumstances of the case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general welfare of the
City, for the following reasons:
The restaurant/brewpub use is compatible with
the surrounding commercial and nearby
residential uses since eating and drinking
establishments are typically allowed in mixed
commercial districts.
Conditions have been added to address potential
problems associated with traffic, parking, trash
disposal, odors, and unsightly conditions.
A Condition has been added to require a special
events permit for any event or promotional
activity outside the normal operational
characteristics of this restaurant business.
ii
Exhibit No. 2 /8
b. The proposed project is consistent with the purpose and intent of Chapter 20.89 of
the Zoning Code (Alcoholic Beverage Outlets) for the following reasons:
■ The convenience of the public will be served by the sale of distilled
beverages in a restaurant/brewpub setting.
The project is in an area where the crime rate exceeds the citywide
average by more than 20 %. However, there is no evidence that this
high crime rate is attributable to the proposed project.
The number of alcohol licenses per capita in the reporting district and
adjacent reporting districts is above the average for Orange County.
However, the project has the only alcohol license for a brewpub, and
the convenience of the public can be served by the sale of distilled
spirits in a restaurant/brewpub setting.
The percentage of alcohol - related arrests in the reporting district in
which the project is proposed and in the adjacent reporting district is
higher than the percentage of alcohol - related arrests citywide.
However, there is no evidence that the alcohol- related arrests are
attributable to the project.
No day care centers, places of religious assembly, park and
recreation facilities, or schools are located in the vicinity of the
project site. Residential uses are located in the vicinity of the
project site. However, the project has been conditioned so as to
address any potential impacts.
CONDITIONS:
1. The proposed development shall be in substantial conformance with the approved site
plan, floor plan and elevations, except as noted below.
2. That a covenant or other suitable, legally binding agreement shall be recorded against
the off -site parking lot assuring that all of the requirements of Section 20.63.080 (I) of
the Municipal Code, will be met by the current and future property owners. Said
covenant or agreement may include provisions for its future termination at such time
as the development on the building site is removed or at such time as the floor area
devoted to the restaurant/brewpub reverts back to a base FAR use.
The applicant shall provide a minimum of one parking space for each 50 square feet
of net public area before 5:00 p.m. and one parking space for each 40 square feet of
net public area after 5:00 p.m. in conjunction with the restaurant/brewpub.
4. An amended off -site parking agreement shall be approved by the City Council,
guaranteeing that a minimum of 41 parking spaces shall be provided on property
iii �.
located on .Lots 18 -21 and portions of Lots 17 and 22, Block 230, Lancaster's
Addition, for the duration of the existing and proposed uses located on Parcel 1,
Parcel Map 92 -40 (Resubdivision No. 527).
S. The property owner shall pay for 29 in -lieu parking spaces in the Cannery Village
Municipal Parking Lot on an annual basis for the nighttime operation (after 5:00
p.m.) of the restaurant/brewpub use as agreed upon by the Sales Agreement between
the City of Newport Beach and the property owner.
6. The net public area of the restaurant/brewpub, which is devoted to daytime use
Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 square feet. The
balance of the net public area shall be physically closed off to the public by a fixed
barrier and shall not be used until after 5:00 p.m. daily.
The hours of operation for the restaurant/brewpub shall be limited to the hours
between 6:00 a.m. and 11:00 p.m. Sunday through Thursday and between 6:00 a.m.
and 1:00 a.m. on Friday and Saturday.
8. All employees shall park either in the privately owned off -site parking area or in one
of the municipal parking lots in the area.
9. The operation of the brewery and the service of alcoholic beverages shall be ancillary
to the primary food service operation of the restaurant.
10. The approval of this use permit is for a restaurant /brewpub and shall not be construed
as the approval of a bar, cocktail lounge, or other use serving alcoholic beverages
during hours not corresponding to regular meal service hours (food products sold or
served incidentally to the sale or service of alcoholic beverages shall not be deemed
as constituting regular meal service) nor as the approval of a cabaret, nightclub, or
other use with the principal purpose of providing live entertainment and/or dancing.
11. No outdoor loudspeakers or paging system shall be permitted in conjunction with the
proposed location.
12. A washout area for refuse containers shall be provided in such a way as to allow
direct drainage into the sewer system and not into the Bay or storm drains, unless
otherwise approved by the Building Department.
13. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction
of the Building Department.
14. All mechanical equipment and trash areas shall be screened from surrounding public
streets and alleys and adjoining properties.
15. The development standards regarding walls surrounding the restaurant site and
underground utilities shall be waived.
iv
16. Should prerecorded music be played within the restaurant facility, such music shall be
confined to the interior of the building, and all doors and windows shall be kept
closed while such music is played.
17. 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.
18. 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 company.
STANDARD CITY REQUIREMENTS:
A. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
B. Signs and displays shall not obstruct the sales counter, cash register, seller and
customer from view from the exterior.
C. Loitering, open container, and other signs specified by the Alcoholic Beverage Control
Act shall be posted as required by the ABC.
D. The applicant shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas
surrounding the alcoholic beverage outlet and adjacent properties must be taken
during business hours if directly related to the patrons of the subject alcoholic
beverage outlet.
E. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti
at all times. The owner or operator shall provide for daily removal of trash, litter debris
and graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
F. All owners, managers and employees serving and/or selling alcoholic beverages shall
undergo and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages. To qualify to meet the
requirements of this section a 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.
gI
11
� • n
� s
G. The project.will comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
H. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
I. This use permit for an alcoholic beverage outlet granted in accordance with the terms of
this chapter shall expire within 12 months from the date of approval unless a license has
been issued or transferred by the California State Department of Alcoholic Beverage
Control prior to the expiration date.
J. Coastal Commission approval shall be obtained prior to issuance of any building
permits.
K. The Planning Commission may add to or modify conditions of approval to this use
permit upon a determination that this use permit causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
vi
Exhibit No. 2
a3
Planning Commission r tting February 18 1993
Agenda Item No. 3
CITY OF NEWPORT BEACH
TO: . Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3485 (Public Hearing)
Request. to permit the establishment of a combination
restaurant /brewpub with on -sale beer and wine, on property located
in the "Specialty Retail" area of the Cannery Village /McFadden
Square Specific Plan. The proposal also includes: the establishment of
an outdoor patio dining area; the use of 29 previously approved in -lieu
parking spaces located in the Cannery Village Municipal Parking Lot;
the amendment of a previously approved off -site parking agreement so
as to increase the number of privately owned off -site parking spaces to
41 spaces; and the approval of a transfer of development rights from
the privately owned off -site parking area to the restaurant site.
LOCATION: Parcel 1, Parcel Map 92-40 (Resubdivision No. 527) (restaurant site);
and portions of Lots 17 and 22 and Lots 18 -21, Block 230, Lancaster's
Addition (off -site parking lot) located at 2920 Newport Boulevard, on
the southeasterly corner of Newport Boulevard (northbound) and 30th
Street, in Cannery Village.
ZONE: SP -6
APPLICANT: Michael Madlock, Manhattan Beach
OWNER: Dorothy Doan, Santa Ana
Application
This application involves a request to permit the establishment of a combination
restaurant /brewpub with on -sale beer and wine, on property located in the "Specialty Retail"
area of the Cannery Village /McFadden Square Specific Plan. The proposal also includes:
the establishment of an outdoor patio dining area; the use of 29 previously approved in -lieu
parking spaces located in the Cannery Village Municipal Parking Lot; the amendment of
a previously approved off -site parking agreement so as to increase the number of privately
owned off -site parking spaces to 41 spaces; and the approval of a transfer of development
rights from the privately owned off -site parking area to the restaurant site. In accordance
with the provision of the Cannery Village /McFadden Square Specific Plan, restaurants are
permitted in the "Specialty Retail" area subject to the approval of a use permit in each case.
Section 20.07.070 of the Municipal Code also provides that the transfer of development
a5
TO: Plan ',g Commission - 2.
rights between two properties shall be subject to a use permit in each case. Use permit
procedures are set forth in Chapter 20.80 of the Municipal Code.
Environmental Significance
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).
Subject Property and Surrounding Land Uses
The subject property is comprised of two parcels of land. Parcel No. 1 contains a 7,276±
sq.ft. commercial building with the Pelican Market on the ground floor (now vacant), offices
on the second floor and 2 on -site parking spaces. Parcel No. 2 is a privately owned off -site
parking area containing 41 parking spaces which the property owner has under a long term
lease. To the north, across 30th Street is an automobile repair facility, a mixed
commercial /residential development, a vacant lot and a stained glass shop; to the east is the
Cannery Village Municipal Parking Lot; to the south, across a 14 foot wide alley is the Cafe
Looma Restaurant (now vacant); and to the west, across Newport Boulevard are a variety
of commercial uses.
Background
At its meeting of July 15, 1976, the Planning Commission approved Site Plan Review No.
1, which permitted the construction of the existing commercial building which at the time,
was on property located in a Specific Plan Area where a spec plan had not been adopted.
In such cases, any new development is subject to the approval of a Site Plan Review. Said
approval also included a recommendation to the City Council to approve an off -site parking
agreement so as to provide a minimum of 29 parking spaces on the adjoining parcel behind
the building. It should be noted that the parking area at the rear of the building includes
2 on -site spaces and 41 off -site spaces. At the same meeting, the Planning _Commission
approved Resubdivision No. 527, which permitted the establishment of a single building site
for the two story commercial building and eliminated interior lot lines where two lots
previously existed. The actions of the Planning Commission was taken with the findings and
subject to the conditions of approval set forth in the attached excerpts of the Planning
Commission minutes dated July 15, 1976.
At its meeting of July 26, 1976, the City Council approved an off -site parking agreement
which permitted the use of the off -site parking spaces described above.
In 1988, the City of Newport Beach purchased the property identified on the attached
Assessor's Map as the Cannery Village Municipal Parking Lot from the property owner. As
a condition of the sale, the property owner was given an option to purchase 47 in -lieu
parking spaces with the following stipulations:
, TO: Plan: 9 Commission - 3.
1. The option must be exercised within two years of the close of escrow (April
8, 1988). It is noted that this option has been exercised by the property
owner.
2. The use of the in -lieu spaces is limited to businesses on the Cafe Looma and
the Pelican Market sites. It is noted that the property owner committed 18
of the 47 in -lieu spaces to the reestablishment of the restaurant known as
Cafe Looma at 2900 Newport Boulevard (Use Permit No. 3343).
3. Any use of the in -lieu spaces would be for nighttime only, from 5:00 p.m. to
6:00 a.m.
4.- Any in -lieu spaces would be purchased at the current rate ($150.00 per space
per. year), but not to exceed $500.00 during the first five years (from the
exercise of the option). During the second five years, the rate would be 75%
of the current rate or $500.00, whichever is less. After ten years, the rate
reverts to the current rate set forth in the Municipal Code at the time.
i
The applicant is proposing to establish a combination restaurant and brewpub in the ground
floor portion of the existing building. As represented in the attached floor plan for the
facility, the brewery will occupy approximately 1,532± square feet (32 percent) of the total
gross floor area of the restaurant which is approximately 4,776± square feet, including the
outdoor dining area. The 'het public area" of the restaurant will be 2,532± square feet
including a 600± square foot outdoor dining area which is proposed in the front of the
restaurant. The applicant has indicated that there will be approximately 10 employees on
duty during peak hours of operation, and the hours of operation will be from 6:00 a.m. to
11:00 p.m. Sunday through Thursday and from 6:00 a.m. to 2:00 a.m. on Friday and
Saturday. Beer and wine will also be served. No live entertainment is proposed. A letter
from the applicant describing the operation is attached for Commission review.
Conformance with the General Plan and the
Local Coastal Program Land Use Plan
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for 'Retail and Service Commercial" use. The proposed restaurant is a
permitted use within this designation. Although the proposed brewery is not specifically
listed as a permitted use in the 'Retail and Service Commercial' area, it occupies only 32
percent of the total floor area of the facility; therefore, it is staffs opinion that it is clearly
an incidental use which is ancillary to the primary restaurant use and is therefore a
permitted use.
The Land Use Element also establishes area specific land use policies throughout the City.
These "area" policies set a floor area ratio (F.A.R.) development limit of 0.5/0.75 FAR on
Al
TO: Plann...g Commission - 4.
the subject property. Based on this requirement, the Base Development Allocation for
Parcel 1 which is developed with the commercial building, is 0.5 times the site area or
4,159± square feet (8,319± sq.ft. x 0.5 = 4,159± sq.ft.). As indicated previously, the gross
floor area of the existing building on Parcel 1 is 7,276± square feet or .87 FAR; therefore,
the existing structure is nonconforming relative to allowable Floor Area Ratio.
It is also noted that the proposed restaurant is classified as a Reduced FAR use and will
occupy an existing commercial space previously used as a retail market. In cases such as
this, where a commercial building is to be occupied by a combination of a Base FAR use
(offices), a Reduced FAR use (restaurant), and a Maximum FAR use (brewery), Section
20.07.040 of the Municipal Code provides that the Base Development Allocation shall not
be exceeded by the sum of the weighted square footages of each type of use. Weighted
square footages are determined by multiplying the gross floor area of a given use by a
weighted factor of 1.67 for Reduced FAR uses, 1.0 for Base FAR uses and 0.5 for Maximum
FAR uses. The following table sets forth the weighted development for each type of uses
within the proposed project:
Type Use Square Footage x Weighting Factor = Weighted Development
Office 3,100± sq.ft. x 1.0 = 3,100± sq.ft.
Restaurant 3,244± sq.ft. x 1.67 = 5,417± sq.ft.
Brewery 1,532± sq.ft. x 0.5 = 766± sq.ft.
Total Weighted Development 9,283± sq.ft.
Previous Weighted Development 7.276± sq.ft.
Net Increase In Weighted Development 2,007± sq.ft.
As indicated in the above table, the establishment of the proposed restaurant and brewpub
will increase the weighted development on the property by 2,007± square feet. Inasmuch
as Parcel 1 is nonconforming with regards to Floor Area Ratio, Section 20.07.070 G of the
Municipal Code requires the elimination of the nonconforming FAR in conjunction with a
transfer of development rights; and further, that the gross floor area following the intensity
transfer shall not exceed the base development allocation permitted by the Code. In light
of this requirement, it is necessary for the property owner to record a covenant or
agreement which transfers 5,124± square feet of the 6,603± square feet (13,206± sq.ft. x
0.5 = 6,603± sq.ft.) of development rights of Parcel 2 to Parcel 1, thereby bringing the
weighted development proposed on Parcel 1 to within the allowable 0.5 Base Development
Allocation. Such a covenant may be worded so as to allow for a reversion of the
development rights should the development on Parcel 1 be removed or the proposed
restaurant be replaced by a Base FAR uses such as retail or service commercial, or offices.
Off - Street Parking Requirement
Based on the current restaurant parking requirement of one parking space for each 40
square feet of "net public area ", 64 parking spaces are required for the subject restaurant
use (2,532± sq.ft. _ 40 sq.ft.= 633 or 64 spaces). It should be further mentioned that
pursuant to Section 20.30.035 B(4) of the Municipal Code, the Planning Commission may
a�
TO:
Plan. g Commission - 5.
increase or decrease the parking requirement of a restaurant within a range of one parking
space for each 30 sq.ft. of "net public area" (85 parking spaces) or one parking space for
each 50 sq.ft. of "net public area" (51 spaces). It is staffs opinion that one parking space
for each 40 square feet of "net public area" will be adequate in this case, inasmuch as there
is no dancing or live entertainment proposed with the restaurant.
In addition to the restaurant parking, the existing remaining offices on the second floor of
the building require one parking spaces for each 250 square feet of floor area, or 12 parking
spaces (3,000± sq.ft. -= 250 sq.ft. = 12 spaces). Therefore, the combined day -time parking
requirement for the existing and proposed uses is 76 parking spaces. Inasmuch as a majority
of the office uses on the property are closed after 5:00 p.m. during the week and on
weekends, the nighttime and weekend parking requirement for the property is only 64
spaces.
Proposed Off- Street Parking
As indicated in the previous Background Section, there are 2 on -site parking spaces and 41
off -site parking spaces which are currently leased by the property owner and are for the
exclusive unrestricted use of the proposed restaurant/brewpub and the second floor offices
within the subject building. In addition, the property owner has 29 remaining in -lieu parking
spaces in the Cannery Village Municipal Parking Lot; however, such parking may only be
used between 5:00 p.m. and 6:00 a.m. Therefore, the subject property has 43 daytime spaces
and 72 nighttime spaces after 5:00 p.m.
Inasmuch as the second floor offices will be closed after 5:00 p.m. Monday through Friday
and all day on Saturday and Sunday, the applicant is proposing to maintain a shared parking
arrangement in order to satisfy the off - street parking requirement for the
restaurant /brewpub. The following table sets forth the nighttime and daytime parking
requirement for each use:
Parking Requirement
Type Use Daytime
Nighttime
and Weekends
Offices 12 spaces
0 spaces
Restaurant 46 spaces
64 spaces
Total 76 spaces
64 spaces
Parking Provided
Daytime Nighttime
and Weekends
12 spaces 0 spaces
1 spaces 72 spaces
43 spaces 72 spaces
As indicated in the above figures, the available daytime parking for the restaurant is
deficient by 33 parking spaces (64 spaces - 31 spaces = 33 spaces). Based on the available
daytime parking for the restaurant (31 spaces) only 1,240 square feet of "net public area"
would be permitted before 5:00 p.m. (31 spaces x 40 sq.ft. per space = 1,240 sq.ft.). In
order to allow a greater amount of daytime "net public area" in the restaurant, the property
owner is proposing to ask the City Council to remove the daytime restriction on the in -lieu
parking spaces, which would provide 29 additional daytime parking spaces. Such an
approval would increase the restaurant daytime parking to 60 spaces (31 private spaces +
aq
TO: Plan iwig Commission - 6.
29 in -lieu spaces = 60 spaces) which would allow up to 2,400 square feet of "net public area"
in the proposed restaurant during the day. This means that 132± square feet of the
proposed "net public area" could not be used until the second floor offices closed at 5:00
p.m. In previous similar situations, the Planning Commission has required a suitable portion
of the "net public area" to be physically separated and identified for nighttime use only.
Staff has included such a condition in the attached Exhibit "A" for approval.
Proposed Amendment to Off Site Parking_Aereement
As mentioned previously, the use of the privately owned off -site parking area was approved
in conjunction with the original construction of the subject building and includes the
provision,of a minimum of 29 parking spaces. Inasmuch as all 41 of the off -site parking
spaces will be required as a result of this application, the property owner is required to
amend its off -site parking agreement so as to reflect the current number of required parking
spaces. Staff has no objections to an increase in the number off -site parking spaces
associated with this application.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal
Code states that any of the above mentioned development standards for restaurants may be
modified or waived if such modification or waiver will achieve substantially the same results
and will in no way be more detrimental to adjacent properties or improvements than will
the strict compliance with the standards. Should the Planning Commission wish to approve
this application, staff is of the opinion that the on -site development standards as they apply
to walls surrounding the restaurant site, and underground utilities should be waived because
of the existing developed nature of the site.
Specific Findings
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant 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. Section 20.07.070 J of the Municipal Code provides that certain findings
shall be made in conjunction with the approval of a transfer of development rights. Finally,
Section 20.63.045 B requires certain findings to be made in conjunction with the approval
of an off -site parking agreement. Should the Planning Commission wish to approve Use
Permit No. 3485, the findings and conditions of approval set forth in the attached Exhibit
Pup
TO: Pla; : ;g Commission - 7.
"A" are suggested. Should the Planning Commission wish to deny the application, the
findings and conditions of approval set forth in the attached Exhibit "B" are suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
William Ward
Senior Planner
Attachments: Exhibit "A"
Exhibit "B"
Vicinity Map
Assessor's Parcel Map showing location of restaurant site, off -site
parking area and Cannery Village Municipal Parking Lot
Letter from applicant describing the brewpub concept of operation
Excerpts of the Planning Commission Minutes dated July 15, 1976,
pertaining to Site Plan Review No. 1 and Resubdivision No. 527
Site Plan, Floor Plan and Elevations
. 3l
NEWPORT BEACH BREWING COMPANY
1 Newport Beach Brewing Company, Inc. "(the Operators)", is a
California Corporation formed to construct and operate a
restaurant /brew -pub to be called Newport Beach Brewing Company,
which will be located at 2920 Newport Boulevard in Newport Beach,
California.
The restaurant will be open from 6:00 a.m. to 11:00 p.m., five
days a week and 6:00 a.m. to 2:00 a.m., Friday and Saturday. There
will be no live entertainment.
The exterior of the restaurant /brew -pub will offer a person
passing -by the "old world" ambiance of a fun and energetic eating
and drinking establishment. This highly desirable Cap Cod designed
building is highlighted with a random pattern brick front, shingle
roof, gables, window walk, and painted wood trim.
The focal point of the restaurant /brew -pub will be the custom
made copper accented stainless steel beer brewing equipment that
will be placed behind the bar and will rise to the ceiling of the
building. These brewing tanks and storage vats will be cleaned and
polished daily to keep their luster and appeal.
The Operators of the restaurant /brew -pub are working carefully
with their experienced architect and design team to select a theme
that will create a warm, yet vibrant environment for patrons to
enjoy. An emphasis for the interior of the restaurant will be
comfortable stained hard -wood and brick that offer a rustic old
world charm and ambiance. The bar is expected to be stained and
shined dark hardwood and cooper with a brass foot rail that will
give the immediate area an "upper- class" feel. There will be
bountiful seating at the bar and on bar stools directly across from
the bar. There will be seating at tables throughout the remainder
of the restaurant, as well as -on -the patio. The walls will be
brick and decorated with memorabilia from the brewing industry with
particular emphasis on California pre - prohibition breweries, early
Newport Beach and brew -pubs and micro - brewers currently operating
in California and the Pacific Northwest.
The restaurant's menu will feature classic, as well as, up-
to -date cuisine that will appeal to the modern palate. Appetizers
will include buffalo wings, beer battered fried onion rings, and
"Armadillo eggs" (stuffed jalapeno peppers). A visible custom
brick wood fired pizza oven will be the focal point as a number of
individual gourmet wood fired pizzas will be served. Newport
Beach's "finest" fresh ground burger will also head the entrees
with other choices including a "naked" chicken breast sandwich, and
a selected number of pasta dishes. A wide variety of salads will
be offered either before a meal or as a meal themselves and "World
3°'
Championship" homemade chili will be served in a similar manner.
There will also be an assortment of fresh baked desserts available
to patrons of the establishment.
The restaurant /brew -pub intends to offer a full service wine
and beer bar with the emphasis on premium beer that will be brewed
on the premises. There will usually be four to six beers available
that were brewed on site. The range of beers will include ales,
pilsners, lagers and stouts. The brewery will produce
approximately 16 varieties of beer each year, including such
special seasonal flavors as Octoberfest Pilsnor and Christmas Ale.
The beer should present itself as quite a value to the customer,
since a 16 -ounce glass of premium, rich beer will cost justly
slightly more than a 12 -ounce bottle of mass produced domestic
beer. The beer brewed on the premises will easily overmatch both
domestic and imported beers in quality and taste. A claim such as
this can be made since the ingredients will be of the highest
quality and procured under the direct supervision of the brew -
master and the beer will be served as soon as it has completed
fermenting, giving the consumer a fresh taste without any
preservatives.
The bar will also offer a full range of soft drinks, wines,
as well as bottled domestic beer with a limited selection of
bottled imported alcoholic and non - alcoholic beers.
The Operators intend to construct the restaurant /brew -pub at
2920 Newport Boulevard which is the corner of Newport Boulevard and
30th Street between Newport Boulevard and Villa Way in Newport
Beach, California (the "Premises "). The Premises is located within
the "Cannery Village" area of Newport Beach which is intended to
serve as an active pedestrian- oriented specialty retail /restaurant
area with a wide range of visitor - serving, neighborhood commercial,
and marine - related uses permitted.
COMMISSIONERS
\ 3P�O��o
MINUTES
CITY OF NEWPORT BEA9j, &,, ,, to ,00a
ROLL CALL
IME%
12. That the applicant shall obtain Coastal Commission
approval of this application prior to the recordation of the
parcel map or issuance of a building permit.
13. That this resubdivision shall expire if the map has not been
recorded within 3 years of the date of approval, unless an
extension is granted by the Planning Commission.
Use Permit No. 3485 (Public Hearing)
stem No.
Request to permit the establishment of a combination
UP3485
restaurant /brewpub with on -sale beer and wine, on property
located in the "Specialty Retail' area of the Cannery
Approved
Village /McFadden Square Specific Plan Area. The proposal also
includes: the establishment of an outdoor patio dining area; the
use of 29 previously approved in -lieu parking spaces located in the
'
Cannery Village Municipal Parking Lot; the amendment of a
previously approved off -site parking agreement so as to increase
the number of privately owned off -site parking spaces to 41 spaces;
and the approval of a transfer of development rights from the
privately owned off -site parking area to the restaurant site.
LOCATION: Parcel 1, Parcel Map 92 -40 (Resubdivision
No. 527) (restaurant site); and. portions of
Lots 17 and 22 and --Lots 48 -21, Block 230,
Lancaster's Addition (off -site parking lot)
located at 2920 Newport Boulevard, on the
southeasterly comer of Newport Boulevard
(northbound) and 30th Street, in Cannery
Village.
ZONE: SP -6
APPLICANT: Michael Madlock, Manhattan Beach
OWNER: Dorothy Doan, Santa Ana
-14-
3`�
COMMI88I0NERS
mo
MINUTES
CITY OF NEWPORT BEAQWary 18.1993
ROLL CALL
INDEX
James Hewicker, Planning Director, explained that the applicant
is proposing to utilize 29 in -lieu parking spaces that are located in
the Cannery Village Municipal Parking Lot for the daytime
operation of the subject facility. The subject Municipal Parking
Lot is not currently occupied 100 percent 12 months of the year;.
however, during the summer months it is relatively heavily used by
recreational users and by employees at City Hall. The Municipal
Parking Lot also has blue parking meters that were formerly
located in front of City Hall. The blue meters allow individuals
who purchase parking permits to use the parking spaces at less
cost than the standard parking meters. If the Commission would
approve the applicant to use the 29 in -lieu parking spaces during
the day, the Commission would be displacing individuals who are
currently using the parking lot. He questioned if the Commission
wants to displace recreational users of the subject Municipal
parking lot to allow for anew commercial use coming into the
city.
l
In response to questions posed by Commissioner Glover, Mr.
Hewicker replied that signs would not be placed in the parking lot
so as to restrict the 29 parking spaces for the restaurant use only.
In reference to her questions regarding Condition No. 6, Exhibit
"A", William Laycock, Current Planning Manager, explained that
if the Commission does not allow the applicant to utilize the
Municipal Parking Lot spaces prior to 5:00 p.m. then the
restaurant would be limited to 1,240 square feet of "net public
area" until-5:00 p.m. If the Commission--and the City Council
allowed the daytime use of the in -lieu parking spaces for the
restaurant facility, a "net public area" of 2,400 square feet would
be permitted prior to 5:00 p.m. He indicated that 132 square feet
of "net public area" would still have to be closed in the restaurant
prior to 5:00 p.m. even if the 29 in -lieu parking spaces would be
allowed in the Municipal Parking Lot.
The public hearing was opened in connection with this item, and
Mr. James Person appeared before the Planning Commission on
behalf of the applicant. He concurred with the findings and
conditions in Exhibit "A'; however, he requested that Condition
No. 7, Exhibit "A" be amended to state that the operational hours
-15-
0 dr
MINUTES
CITY OF NEWPORT BEAfey 18 1993
ROLL CALL
RNDEX
would be between 6:00 a.m. and 12:00 midnight Sunday through
Thursday and between 6:00 a.m. and 2:00 a.m. on Friday and
Saturday. Mr. Person stated that the applicant would close a
portion of the restaurant if the City Council does not approve the
daytime use of the in -lieu parking spaces. He indicated that the
public is walking and bicycling to many of the establishments and
parking has not become a big factor in the area on Sunday
afternoons. He explained that he recently observed that the
majority of the blue meter parking spaces were being used and
only three silver meter spaces were being used in the Cannery
Village Municipal Parking Lot.
In response to a question posed by Chairman Edwards, Mr. Person
explained that parking spaces are not a big problem in the
adjacent area during the summer months.
Mr. Rob Friedman, co -owner of the property located at 405, 407,
}
and 409 - 30th Street, and a resident at 405 - 30th Street, appeared
before the Planning Commission. He expressed his concerns
regarding the noise emitting from the outdoor patio area of the
facility, and the types of signage on the establishment. Mr.
Friedman indicated that there would not be a parking problem as
long as the subject facility does not have exclusive rights to parking
spaces in the Municipal Parking Lot.
In response to a question posed by Commissioner Gifford, Mr.
Friedman replied that- he did not know- the hours of operation of
the commercial establishments on his property.
In response to a question posed by Commissioner Pomeroy, Mr.
Hewicker explained that the Sign Code permits 200 square feet of
signage per frontage of a building, and he stated that the City does
not allow blinking or flashing signs. Mr. Friedman and Mr.
Hewicker discussed Mr. Friedman's concerns regarding the noise.
Mr. Hewicker referred to Condition No. 24, Exhibit "X, stating
that the Commission may call up the use permit for review if it is
determined that there are changes in the use that are detrimental
to the community.
-16-
3�
COMMISSIONERS
4 �"N
0000\20�4!e MN1A%06\\S'0\
CITY OF NEWPORT BEAP1I,
MINUTES
IQ 1nM
ROLL CALL
INDEX
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
*
Motion was made and voted on to approve Use Permit No. 3485
Ayes
*
*
*
*
subject to the findings and conditions in Exhibit "A", and to
Absent
amend Condition No. 7 as requested. MOTION CARRIED.
Findings:
1. That the proposed application is consistent with the Land
Use Element of the General Plan, the Local Coastal
Program Land Use Plan, and is compatible with
surrounding land uses.
2. That adequate parldng is available for the proposed use.
3. That the proposed development will not have any
significant environmental impact.
4. That the Police Department does not anticipate any
problems associated with the proposed restaurant /brewpub.
5. That the transfer of development intensity will
accommodate the efficient use of land within an existing
development comprised of two interdependent parcels.
6: That the transfer of -development intensity will not
adversely affect the aesthetics of the area.
7. That the proposed transfer of development intensity will
not result in a physical increase in commercial floor area
within the subject property and therefore, will not create an
abrupt change in scale between the existing development
and development in the surrounding area.
8. That the proposed transfer of development intensity will
not result in the impairment of public views.
-17-
COMMISSIONERS
0
MINUTES
CITY OF NEWPORT BEArrJ ,roar 1R 1998
ROLL CALL
MEX
9. The proposed transfer of development intensity will not
result in a net negative impact on the circulation system.
10. That the off -site parking lot is so located as to be useful in
connection with the proposed uses on the subject property.
11. Parking on the off -site parking lot will not create undue
traffic hazards in the surrounding area.
12. Ownership of the off -site parking lot is constituted by
leasehold interest for a remaining period of 59 years by the
property owner of the building site.
13. The owner and the City, upon the approval of the City
Council, will execute a written instrument, approved as to
form and content by the City Attorney, providing for the
maintenance of the required off -street parking on the
designated property for the duration of the proposed uses
on the building site.
14. That the approval of Use Permit No. 3485 will not, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
Conditions:
1. That the proposed development shall be in substantial
conformance with the approved site plan, floor plan and
elevations, except as noted below.
2. That a covenant or other suitable, legally binding
agreement shall be recorded against the off -site parking lot
assuring that all of the requirements of Section 20.07.070 J
of the Municipal Code, will be met by the current and
future property owners. Said covenant or agreement may
include provisions for its future termination at such time as
-18- -
3�
City Council Meeting March 8, 1993
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council
FROM: Planning Department
SUBJECT: Amendment to an f£ Re Parkine Aere,
in Conjunction with a Proposed Restaurant /Brewpub
5
Request to amend an existing off -site parking agreement and expand
the daytime use of in -lieu parking spaces in the Cannery Village
Municipal Parking Lot beyond the limits established by the sales
agreement between the original property owner and the City, so as to
allow the establishment of a restaurant/brewpub facility on the
adjacent site (Use Permit No. 3485).
LOCATION: Parcel 1, Parcel Map 92 -40 (Resubdivision No. 527) (restaurant site);
and portions of Lots 17 and 22 and Lots 18 -21, Block 230, Lancaster's
Addition (off -site parking lot) located at 2920 Newport Boulevard, on
the southeasterly corner of Newport Boulevard (northbound) and 30th
Street, in Cannery Village.
ZONE:
APPLICANT:
OWNER:
Application
SP -6
Dorothy Doan, Santa Ana
Same as Applicant
This item involves a request to amend an existing off -site parking agreement and expand the
daytime use of in -lieu parking spaces in the Cannery Village Municipal Parking Lot beyond
the limits established by the sales agreement between the original owner and the City, so
as to allow the establishment of a brew /pub on the adjacent site (Use Permit No. 3485).
Off -site parking agreement procedures for Cannery Village are set forth in Section 20.63.045
B of the Municipal Code.
3q
.. , .
TO: City Councu - 2.
Suggested Actions
1. If desired, approve the proposed amendment to the off -site parking agreement
related to Use Permit No. 3485 with the applicable findings recommended by the
Planning Commission contained in the attached excerpt of the draft Planning
Commission minutes dated February 18, 1993.
2. If desired, approve or deny the amendment to the sales agreement between the
original owner and the City so as to extend the owners daytime use of in -lieu parking
spaces in the Cannery Village Municipal Parking Lot.
Background Relative to the Off Site Parking Agreement
At its meeting of February 18, 1993, the Planning Commission approved (6 Ayes, 1 Absent)
Use Permit No. 3485 which permits the establishment of a combination restaurant/brewpub
on property located at 2920 Newport Boulevard, in the Cannery Village /McFadden Square
Specific Plan Area. The establishment of the restaurant/brewpub increases the off - street
parking requirement for the subject property. The adjoining off -site parking lot located
immediately east of the restaurant/brewpub property will provide additional required
parking spaces. Said off -site parking lot is in separate ownership but is under long term
lease by the property owner of the subject restaurant/brewpub site. The use of the privately
owned off -site parking lot was approved in conjunction with the construction of the original
building, and includes the provision of a minimum of 29 parking spaces. Inasmuch as all
41 of the off -site parking spaces will be required as a result of the approval of Use Permit
No. 3485, the property owner is required to amend the off -site parking agreement so as to
reflect the current number of required parking spaces.
Background Relative to In -Lieu Parking baces
The Planning Commission's approval of Use Permit No. 3485 also includes Condition No.
6 which limits the daytime "net public area" of the restaurant/brewpub to 1,240±- square feet
(approximately half of the proposed "net public area "), unless the applicant obtains the City
Council's approval for the daytime use of the in -lieu parking spaces which were granted to
the subject property owner by the City, in conjunction with the City's purchase of the
property which is now developed as the Cannery Village Municipal Parking Lot. Under the
terms of the sales agreement, Dorothy Doan is granted the option to purchase up to 47 in-
lieu parking permits for the Cannery Village Municipal Parking Lot, provided that such
parking spaces may be used for the benefit of the uses located on the Pelican Market site
(the proposed restaurant/brewpub facility) and the adjoining Cafe Looma Restaurant site,
and provided further that such parking may only be used from 5:00 p.m. to 6:00 a.m. The
daytime restriction on the use of in -lieu parking spaces was to insure that the Cannery
Village Municipal Parking Lot would be available to daytime businesses and visitors to
Cannery Village and the beach.
11
TO: City Councu = ;3.
Plannine Commission
In conjunction with its approval of Use Permit No. 3485, the Planning Commission
recommended that the City Council approve the amendment to the off -site parking
agreement and to allow the daytime use of the in -lieu parking spaces upon the approval of
the City Council. Staff has attached a copy of the Planning Commission staff report and an
excerpt of the Draft Planning Commission Minutes dated February 18, 1993 for the City
Council's information.
Respectfully Submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
B
W. William Ward
Senior Planner
Attachments for City Council only:
Planning Commission Staff Report dated February 18, 1993 with attachments.
Excerpt of the Draft Planning Commission Minutes dated February 18, 1993.
Site Plan, Floor Plan and Elevations.
%At
Moti.o
All
CQMIL MEMBERS
�s
rITY OF NEWPORT BEACH
Narch 8, 1993
MINUTES
ILEX
Lty
ter
:sp
In:
%9
olores Otting, Harbor Hill, addressed
Gangs /C:
the Council, stating that she had hoped
Helicop�
the State and cities could do something
out the gang problem, such as to
p vide more trade school opportunities.
She also expressed concern about the
exp a of the helicopter program in
ruse
ewpor Beach, and suggested the of
a memor dum of understanding between
the Citie of Costa Mesa and Newport
Beach to continue the helicopter
service.
n
x
CAL�iDAH
lowing items were d, except for
\C�mt
yes
ite ms removed:
CES FOR INTRODUCTION
2nd reading on Narch 22, 993 -
emoved from the Consent Calm
IONS FOR ADOPTION
emoved from the Consent calendar.
TS/AGRM090 S
emoved from the Consent Ca
5. USE PERNTT NO. 3§j j_- Approve Amendment
U P 348,
(88)
to eaiat i,g off -site parking agreement
and expand the daytime we of in -lieu
parking spaces in the Cannery Village
Municipal Parking Lot beyond the limits
established by the sales agreement
between the original property owner and
the City, so as to allow the
establishmaut of a restaurant/brewpub
facility on the adjacent site located at
2920 Newport Boulevard and 30th Street.
[Report from the Planning Department]
CIAINS - For Daniel by the City Manager:
(36)
California State Department Of
CA Statf
Transportation regarding claim for
Dpt Trar
ersonal injuries by Mary Sharon
O rim. alleging claimant stepped into
an rea of a pothole and slipped and
F.11 t corner of Pacific Coast Highway
and Ma uerite Avenue on May 2, 1992.
Laurie A. Doran alleging damage to
Doran
vehicle as result of hitting pothole
and series o roken asphalt at Jamboree
and Bristol on anuary 14, 1993.
Federal Inset Company alleging
Federal
property damage as result when City
Company
put high pressure se adjacent to
residence, causing 10, 00 gallons of
sewage to overflow into home at 1521
Kings Road on December 18, 992.
Scott Casey Flamegia alleging is watch
Flanegis
fell off while being handc ad by
Police Department at 55 and 405 F sways
M February 3, 1993; se ing
reimbursement.
Volume 47 - Page 34
Lty
ter
:sp
In:
%9
City Council M�,":ing Sotember 27. 1993
Item No 9
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council
FROM: Planning Department
SUBJECT: Use Permit No. 4
Request to revise a previously approved use permit that permitted the
establishment of a restaurant/brewpub with on -sale beer and wine and
outdoor seating, on property located in the Specialty Retail area of the
Cannery Village /McFadden Square Specific Plan. The proposal
involves a request to rescind the City Council's previous action that
— _ permitted the - expanded use of daytime in -lieu parking spaces in the
Cannery Village Municipal Parking Lot which were to be used in
conjunction with the daytime operation of the proposed
restaurant/brewpub at 2920 Newport Boulevard. The proposal also
includes a request to change the daytime parking requirement for the
facility from one parking space for each 40 square feet of "net public
area," to one parking space for each 50 square feet of "net public
area "; and reduce the allowable daytime "net public area" to 1,500
square feet before 5;00 p.m.
LOCATION: Parcel 1, Parcel Map 9240 (Resubdivision No. 527) (restaurant site);
and portions of Lots 17 and 22 and Lots 18 -21, Block 230, Lancaster's
Addition (off -site parking lot) located at 2920 Newport Boulevard, on
the southeasterly corner of Newport Boulevard (northbound) and 30th
Street, in Cannery Village.
ZONE: SP -6
APPLICANT. Michael Madlock, Manhattan Beach
OWNER: Dorothy Doan, Santa Ana
This is a request to amend a previously approved use permit that permitted the
establishment of a restaurant /brewpub with on -sale beer and wine and outdoor seating, on
property located in the Specialty Retail area of the Cannery Village /McFadden Square
Specific Plan. The approval also included: the use of 27 previously approved in -lieu parking
spaces located in the Cannery Village Municipal Parking Lot; the continued use of 29 off -
site parking spaces on privately owned property located directly east of the subject property;
and the approval of a transfer of development rights from the privately owned off -site
parking area to the restaurant site. The proposed amendment involves the following
revisions to the use permit so as to make it consistent with the requirements of the
L3
TO: City Council -2.
California Coastal Commission's approval: a request to change the daytime parking
requirement for the facility from one parking space for each 40 square feet of "net public
area," to one parking space for each 50 square feet of "net public area "; reduce the
allowable daytime "net public area" to 1,500 square feet; and rescind that portion of the
previous approval which allowed the applicant to use 27 in -lieu parking spaces in the
Cannery Village Municipal Parking Lot before 5:00 p.m.
At its meeting of February 18, 1993, the Planning Commission approved (6 Ayes, 1 Absent)
Use Permit No. 3485 which permits the establishment of a combination restaurant/brewpub
on property located at 2920 Newport Boulevard, in the Cannery Village /McFadden Square
-Specific Plan Area. The Planning.Commission also accepted an amendment to an existing.,. .
off -site parking agreement so as to provide 41 parking spaces within an adjoining privately
owned parking lot. Said off -site parking lot is in separate ownership but is under long term
lease by the property owner of the subject restaurant/brewpub site. The use of the privately
owned off -site parking lot was approved in conjunction with the construction of the original
building, and includes the provision of a minimum of 29 parking spaces. Inasmuch as all
41 of the off -site parking spaces will be required as a result of the approval of Use Permit
No. 3485, the property owner is required to amend the off -site parking agreement so as to
reflect the current number of required parking spaces..
The Planning Commission's approval of Use Permit No. 3485 also included Condition No.
6 which limits the daytime "net public area" of the restaurant/brewpub to 1,240± square feet
(approximately half of the proposed "net public area "), unless the applicant obtains the City
Council's approval for the daytime use of the in -lieu parking spaces which were granted to
the subject property owner by the City, in conjunction with the City's purchase of the
property which is now developed as the Cannery Village Municipal Parking Lot. Under the
terms of the sales agreement, Dorothy Doan (subject property owner) is granted the option
to purchase up to 47 in -lieu parking permits for the Cannery Village Municipal Parking Lot,
provided that such parking spaces may be used for the benefit of the uses located on the
Pelican Market site (the proposed restaurant/brewpub facility) and the adjoining Cafe
Looma Restaurant site, and provided further that such parking may only be used from 5:00
p.m. to 6:00 a.m. The daytime restriction on the use of in -lieu parking spaces was to insure
that the Cannery Village Municipal Parking Lot would be available to daytime businesses
and visitors to Cannery Village and the beach. Staff has attached a copy of the Planning
Commission's staff report for Use Permit No. 3485, dated February 18, 1993.
At its meeting of March 8, 1993, the City Council unanimously approved an amendment to
the sales agreement between Dorothy Doan and the City, so as to allow her the daytime use
of the in -lieu parking spaces in the Cannery Village Municipal Parking Lot. The Council
also approved the amended off -site parking agreement for the privately owned parking
spaces located directly adjacent to the restaurant/brewpub site. In accordance with the City
Council's original approval, the proposed restaurant/brewpub was allowed to have 2,400
square feet of daytime "net public area" with the provision of 31 privately owned parking
d
TO: City Counci, -3.
spaces and 29 in -lieu spaces in the Cannery Village Municipal Parking Lot, for a total of 60
off - street parking spaces. The allowable daytime "net public area" was based on a parking
formula of one parking space for each 40 square feet of "net public area" (60 parking spaces
x 40 sq.ft. = 2,400 sq.ft. of "net public area ").
IT s WIRM
At its meeting of July 13 -16, 1993, the Coastal Commission approved Use Permit No. 3485
(Coastal Permit Application No. 5 -93 -137, copy attached). However, said approval did not
allow the daytime use of the in -lieu parking spaces in the Cannery Village Municipal
Parking Lot; therefore, the available daytime parking spaces for the subject project is only
31 spaces. Based on the available parking, the Coastal Commission limited the daytime "net
- -public area" of the restaurant/brewpub °to 1,500 square -feet which is equivalent to
approximately one parking space for each 50 square feet of "net public area." The Coastal
Commission also required: that the applicant record a deed restriction which will provide
that no more than 1,500 square feet of service area shall be open before 5:00 p.m.; that the
City Council rescind its previous action amending the sales agreement with Dorothy Doan
so as to permit the daytime use of in -lieu parking spaces in the Cannery Village Municipal
Parking Lot; and that the City of Newport Beach prepare a letter indicating that it agrees
that the City's Code Enforcement Office will enforce the daytime public service area
restriction of 1,500 square feet.
t :a
Hold hearing; close hearing; if desired, approve Use Permit No. 3485 (Revised) with the
findings and subject to the conditions of approval set forth in the attached Exhibit "A." Said
action will: rescind the City Council's previous action that permitted the daytime use of 47
in -lieu parking spaces in the Cannery Village Municipal Parking Lot; reduce the allowable
daytime "net public area" to 1,500 square feet; and revise the daytime parking requirement
for the restaurant/brewpub to one parking space for each 50 square feet of "net public
area." Staff has no objections to the requested revisions to Use Permit No. 3485 inasmuch
as said revisions will result in a project that will have a less intensive daytime operation than
was previously approved by the City Council.
Respectively submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
ON � u���_..��..
W. i' .i
Senior Planner
0
R
TO: City Counc;. 4.
Attachment: Exhibit "A"
Vicinity Map
Copy of the Planning Commission Staff Report dated February 18,
1993 with attachments
Excerpt of the Planning Commission Minutes dated February 18, 1993
Coastal Commission Staff Report
Site Plan
Revised Floor Plan
q6
TO: City Council -5.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERWT NO. 3485 (REVISED)
Findings:
1. That the proposed application is consistent with the Land Use Element of the
General Plan, the Local Coastal Program Land Use Plan, and is compatible with
surrounding land uses.
2. That the approval of Use Permit No. 3485 (Revised) is necessary in order to make
the City of Newport Beach's approval of the subject project consistent with the
- conditions of approval established by the California Coastal Commission.
3. That the approval of Use Permit No. 3485 (Revised) will allow the City of Newport
Beach to monitor and thereby insure that the continued operation of the proposed
restaurant/brewpub will be in accordance with the provisions of the approved coastal
permit.
4. That adequate parking is available for the proposed use.
5. That the proposed development will not have any significant environmental impact.
6. That the Police Department does not anticipate any problems associated with the
proposed restaurant/brewpub.
7. That the transfer of development intensity will accommodate the efficient use of land
within an existing development comprised of two interdependent parcels.
8. That the transfer of development intensity will not adversely affect the aesthetics of
the area.
9. That the proposed transfer of development intensity will not result in a physical
increase in commercial floor area within the subject property and therefore, will not
create an abrupt change in scale between the existing development and development
in the surrounding area.
10. That the proposed transfer of development intensity will not result in the impairment
of public views.
11. The proposed transfer of development intensity will not result in a net negative
impact on the circulation system.
12. That the "off -site parking lot is so located as to be useful in connection with the
proposed uses on the subject property.
0
TO: City Councu -6.
13. Parking on the off -site parking lot will not create undue traffic hazards in the
surrounding area.
14. Ownership of the off -site parking lot is constituted by leasehold interest for a
remaining period of 59 years by the property owner of the building site.
15. The owner and the City, upon the approval of the City Council, will execute a written
instrument, approved as to form and content by the City Attorney, providing for the
maintenance of the required off - street parking on the designated property for the
duration of the proposed uses on the building site.
16. That the approval of Use Permit No. 3485 (Revised) will not, under the
circumstances of this case, be detrimental to the health, safety, peace, morals, --
comfort and general welfare of persons residing and working in the neighborhood or
be detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City.
Conditions:
1. That the proposed development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted below.
2. That a covenant or other suitable, legally binding agreement shall be recorded
against the off -site parking lot assuring that all of the requirements of Section
20.07.070 J of the Municipal Code, will be met by the current and future property
owners. Said covenant or agreement may include provisions for its future
termination at such time as the development on the building site is removed or at
such time as the floor area devoted to the restaurant/brewpub reverts back to a Base
FAR use.
3. That the applicant shall provided a minimum of one parking space for each 50
square feet of "net public area" before 5:00 p.m. and one parking space for each 40
square feet of "net public area" after 5:00 p.m. in conjunction with the proposed
restaurant /brewpub.
4. That an amended off -site parking agreement shall be approved by the City Council,
guaranteeing that a minimum of 41 parking spaces shall be provided on property
located on Lots 18-21 and portions of Lots 17 and 22, Block 230, Lancaster's
Addition, for the duration of the existing and proposed uses located on Parcel 1,
Parcel Map 9240 (Resubdivision No. 527).
5. That the property owner shall pay for 29 in -lieu parking spaces in the Cannery
Village Municipal Parking Lot on an annual basis for the nighttime operation (after
5:00 p.m.) of the restaurant/brewpub use as agreed upon by the Sales Agreement
between the City and the property owner.
,�I
TO: City Councu -7.
6. That the "net public area" of the restaurant/brewpub, which is devoted to daytime
use Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 sq.ft. The
balance of the "net public area" shall be physically closed off to the public by a fixed
barrier and shall not be used until after 5:00 p.m. daily.
7. That the hours of operation for the restaurant /brewpub shall be limited to the hours
between 6:00 a.m. and 11:00 p.m. Sunday through Thursday and between 6:00 am.
and 2:00 am. on Friday and Saturday.
8. That all employees shall park either in the privately owned off -site parking area or
in one of the Municipal parking lots in the area.
"9. That all signs shall conform to the requirements of Chapter 20.06 of the Municipal
Code.
10. That the operation of the brewery and the service of alcoholic beverages shall be
ancillary to the primary food service operation of the restaurant.
11. That no outdoor loudspeakers or paging system shall be permitted in conjunction
with the proposed operation.
12. That a washout area for refuse containers be provided in such a way as to allow
direct drainage into the sewer system and not into the Bay or storm drains, unless
otherwise approved by the Building Department.
13. That grease interceptors shall be installed on all fixtures in the restaurant facility
where grease may be introduced into the drainage systems in accordance with the
provisions of the Uniform Plumbing Code, unless otherwise approved by the Building
Department.
14. That kitchen exhaust fans shall be designed to control smoke and odor to the
satisfaction of the Building Department.
15. That all mechanical equipment and trash areas shall be screened from surrounding
public streets and alley and adjoining properties.
16. That the development standards regarding walls surrounding the restaurant site and
underground utilities shall be waived.
18. That all improvements be constructed as required by Ordinance and the Public
Works Department.
19. That the on -site parking, vehicular circulation and pedestrian circulation systems be
subject to further review by the City Traffic Engineer and that the parking lot be
restriped as approved by the Traffic Engineer.
qo�
TO: City Council -8.
20. That the required number of handicapped parking spaces shall be designated within
the on -site parking area and shall be used solely for handicapped self - parking. One
handicapped sign on a post and one handicapped sign on the pavement shall be
required for each handicapped space.
21. That should any prerecorded music be played within the restaurant facility, such
music shall be confined to the interior of the building, and all doors and windows
shall be kept closed while such music is played.
22. That arrangements be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
obtain a Building Permit prior to completion of the public improvements.
23. That a handicap ramp be constructed at the alley intersection at Newport Boulevard
per City Standards.
24. That the Planning Commission may add 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. This use permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.
5b
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
September 27, 1993
Motion
All Ayes
x
In response to question raised by
ouncil Member Sansone regarding the
P osed franchise fee, Chief Riley
eta d that the ambulance operator will
be re red to pay a Pined percentage of
ten per t (108) of the gross receipts
of the as CO.
It was also p ted out that a public
hearing will be old on October 11
regarding a propose esolution emending
the rates for ambula service within
the City pursuant to Sec on 5.14.090 of
the Municipal Code.
Hearing no one else wishing t address
the Council, the public hear was
closed.
Motion was made by Council Member Hart
to adopt Ordinance Ho. 93 -21.
arvuuc
-
-
-
9. Mayor Turn er opened the public hearimg -
H /P3485(R)
regarding USE PERMIT V. 3485 (Revised)
(88)
Request to revise a previously
approved use permit that permitted the
establishment of a restaurant/brewpub
with on -sale beer and wine and outdoor
seatinggl1_ on property located in the
ecia y Retail area of the Cannery
Village/McFadden Square Specific Plan.
The proposal involves a request to
rescind the City Council's previous
action that permitted the expanded use
of daytime in -lieu parking spaces in the
Cannery Village Municipal Parking Lot
which were to be used in conjunction
with the daytime operation of the
Proposed restaurant/brevpub at 2920
Newport Boulevard. The proposal also
includes a request to change the daytime
parking requirement for the facilityy
from ona parking space for each 40
square feet of "net public area," to one
parking space for each 50 square feet of
"net public area "; and reduce the
allowable daytime "net public area" to
1,500 square feet before 5:00 p.m.,
property located at 2920 Newport
Boulevard, on the southeasterly corner
of Newport Boulevard (northbound) and
30th Street, in Cannery Village.
Report from the Planning Department.
The Planning Director advised that this
application was before the City Council
in March 1993 and a use permit was
to
approved, subject to revisions of the
off -site parking which would
have allowed the applicant to use 29
parking spaces in the Cannery Village
Municipal parking lot prior to 5 p.m.
However, at the Coastal Commission
hearing In July, the staff and Coastal
Commission disagreed with the action
that had been taken by the City, and it
was their determination that the we of
the 29 parking spaces in the lot would
conflict with the public use of the same
spaces prior to the hour of 5 p.m.;
therefore, they took action
Volume 47 - Page 253
51
r
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
d� September 27, 1999
ROLL ULL
Motiot
All A,
MINUTES
INDEX
3485(R)
are A
5�-
to modify the approval, subject to four
UIP
conditions: 1) that the applicant record
a deed restriction which would allow no
more than 1500 square feet of service
area being used prior to 5 p.m.; 2) that
41
off -site parking spaces will be
maintained between 6 a.m. and 5 p.m.
daily and 67 off -site parking spaces
between 5 p.m. and 2 a.m., (the 41 off -
site parking spaces between 6 a.m. and
5 .m. are on privately owned property
under the same ownership immediately
adjacent to the brewpub and the
additional
spaces would be in the
Municipal lot and would be used after 5
p.m.); 3) that the City Council rescind
its earlier action allowing the use of
the off -site parking spaces in the
• Municipal lot prior to 5 p.m.; 4) that
the City will agree to enforce the
restrictions on the area of service (the
.. .,
1500 squsra feet being used prior.ia..5
P.M.).
James Person, representing the
applicant, addressed the Council and
stated they feel this is a reduction of
intensity we from the time it was
by
however• they do agree to last
of approval as imposed by both the City
and the Coastal Commission.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
x
made o b cil Member
es
Dabav to aonrove IIse Permit No 5
(Revised] with EG €inli.. and e..xa r
m cna c_fim,a a i set fort."
is he attached 231161t A-,
REMOVED ON THE CONSENT CALENDAR
Hone.
PUBLIC iH0$i'PS
The ollowing persons addressed the
Mess
Counci and expressed their reasons for
oppos Measure A on the November
ballot - oposed Open Space Assessment
District:
Stuart Willi 1748 Bayport Vey
Helen Rieron, 3 1 Pourth Avenue
Tom and Mike Bull an, 121 Marine Avenue
Mary Ann Towersey, 501 Rings Place,
member of the Newwppoort onservancy Boaxd
of Directors, addrease the Council to
Promote the -Walk on t Wild Side"
event which is scheduled or Sunday,
October 10 and begins at th Castaways
site at 16th Street and Dover nue and
concludes at the same site for sunset
picnic and other attractions for blic
enjoyment. Registration forms are
available at the libraries and at he
Parks, Beaches A Recreation Departmen
Volume 47 - Page 254
INDEX
3485(R)
are A
5�-
Exhibit No. 3
r
STATE OF CALIFORNIA —THE RESOURCES AGENCY PETE WILSON, Garo
r
i CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA Page 1 of
245 W. BROADWAY, STE. 380 Date: 1 -21 -94
P.O. Box 1450 Permit No. 5 -93 -137
LONG BEACH, CA 90802-4416
(310) SM3071
COASTAL DEVELOPMENT PERM
On July 15. 1993 the California Coastal Commission granted to
this permit subject to the attached Standard and Special conditions, for development consisting
of:
Conversion of an existing 4200 square foot former market /deli (currently vacant) to a
restaurant/brew pub and the addition of 600 square feet of outdoor dining. Existing 3100
square foot, second floor office will remain.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at
2920 Newport Blvd.. Newn= Beach
• Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
By: Le r 0
Title: Staff Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance... of any
permit..." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 Cal. Admin. Code Section 13158(a).
Date Signature of Permittee
A6: 4/88
Page 2 of _3_ •
Permit No. 5-93 -137
I. Notice of Receipt a*W± Acknowledgment. The permit is not valid and development shall
not commence until a copy of the permit, signed by the permittee or authorized agent,
-acknowledging receipt of the permit and acceptance of the terms and conditions, is
returned to the Commission office.
2. Facmration. If development has not commenced, the permit will expire two years from
the date on which the Commission voted on the application. Development shall be
pursued in a diligent manner and completed in a reasonable period of time. Application
for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set
forth in the application for permit, subject to any special conditions set forth below. Any
deviation from the approved plans must be reviewed and approved by the staff and may
require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved
by the Executive Director or the Commission.
5. InRnections. The Commission staff shall be allowed to inspect the site and the project
during its development, subject to 24 hour advance notice.
6. Assi&WB=_t. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the band. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
I= I IMUMMOM 9r, ITRTM I IT
Prior to issuance of the Coastal Development Permit, the applicant shall execute and record a
deed restriction, in a from and content acceptable to the Executive director, which shall
provide that no more than 1,500 square feet of service area of the subject restaurant/brewpub
shall be open before 5 p.m. The document shall run with the land, binding all successors and
assigns, and shall be recorded free of prior liens.
5k°
i
Page 3
5- 93-137
The proposed project includes the use of Off -Site parking for which the applicant has entered
into long -term parking agreements. Prior to issuance of the Coastal Development Permit, the
applicant shall execute and record a deed restriction, in a form and content acceptable to the
Executive Director, which shall provide that the applicant shall maintain, for the life of the
development, a total of 41 off -site parking spaces between 6:00 a.m. and 5:00 p.m. daily, and
a total of 67 off -site parking spaces between 5:00 p.m. 2:00 a.m. daily.
Prior to issuance of the Coastal Development Permit, the applicant shall submit evidence that
the Amendment to Parking Agreement approved by the City of Neworport Beach on February
18, 1993, has been rescinded by the City Council. Additionally, prior to issuance of the Coastal
Development Permit, the applicant shall submit, for the review and approval of the Executive
Director, a letter from the City of Newport Beach indicating that the City agrees that the
City's Code Enforcement will enforce the puobliF service area restrictions described in ecial
Condition 1.
• 4. Submittal of Final Plans:
Prior to issuance of the Coastal Development Permit, the applicant shall submit, for the
review and approval of the Executive Director, final floor plans illustrating the area proposed
for the day use restriction imposed in special conditional, above.
1033F
MV /lm
,� 5'l
i STATE OF CALIFORNIA -TK RESOMM AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
*I= Ar, sTE. 386
O BEACH. CA "B02•406
(311) Sm5w]
r1
L—J
i6
Filed: 4/19/93
49th Day: 6/7/93
180th Day: 10/16/93
Staff: MV -L
Staff Report: 8/16/ 3
Hearing Date: 9/16/93
Comm. Action on Findings:
STAFF REPORT: REVISED FINDINGS
APPLICATION NO.: 5- 93- 137` - -,
APPLICANT: The Doan Trust
AGENT: Nancy Lucast
PROJECT LOCATION: 2920 Newport Blvd., Newport Beach, Orange County.
PROJECT DESCRIPTION: Conversion of an existing 4200 square foot former
market /deli (currently vacant) to a restaurant /brew pub and the addition of
600 square feet of outdoor dining. Existing 3100 square foot, second floor
office will remain.
COMMISSION ACTION: Approval with Conditions.
DATE OF COMMISSION ACTION: July 15, 1993
COMMISSIONERS ON PREVAILING SIDE: Commissioners Wright, Yokoyama, Calcagno,
Cervantes, Doo, Stevens, Moulton- Patterson, Malcolm, Neely, and Chairman Gwyn.
SUMMARY OF STAFF RECOMMENDATION:
The staff recommends that the Commission adopt the following revised findings
in support of the Commission's action on July 15, 1993 approving with
conditions the permit for a restaurant /brewpub.
STAFF RECOMMENDATION:
The staff recommends that the Commission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby r9 ants a permit, subject to the conditions below, for
the proposed development on the grounds that the development will be in
conformity with the provisions of Chapter 3 of the California Coastal Act of
1976, will not prejudice the ability of the local government having
Jurisdiction over the area to prepare a Local Coastal Program conforming to
the provisions of Chapter 3 of the Coastal Act, and will not have any
significant adverse impacts on the environment within the meaning of the
California Environmental Quality Act.
6 <�
5 -93 -137
Revised Findings
Page 2
I1. Standard gonditions.
1. Notice of Receipt and Acknowledgment. The permit is not valid and �•
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission-office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date this permit is reported to the Commission. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the
expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5.' Inspections. The Commission staff shall be allowed to inspect the site
and the project during its development, subject to 24 -hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms and
conditions.
1II. Special. Conditions:
1. D"d Restriction Limiting Daytime Use
Prior to issuance of the coastal development permit, the applicant shall
execute and record a deed restriction, in a form and content acceptable to the
Executive Director, which shall provide that no more than 1,500 square feet of
service area of the subject restaurant /brewpub shall be open before 5 p.m.
The document shall run with the land, binding all successors and assigns, and
shall be recorded free of prior liens and encumbrances which the Executive
Director determines to affect said interest..
2. Maintenance of Off -Site Parki
The proposed project includes the use of off -site parking for which the
applicant has entered into long -term parking agreements. Prior to issuance of
the coastal development permit, the applicant shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide that the applicant shall maintain, for the life of the
development, a total of 41 off -site parking spaces between 6:00 a.m. and 5:00
p.m. daily, and a total of 67 off -site parking spaces between 5:00 p.m. and
2:00 a.m. daily. The document shall run with the land, binding all successors
and assigns, and shall be recorded free of prior liens and encumbrances which
the Executive Director determines to affect said interest.
5�
5 -93 -137
Revised Findings
Page 3
3. Recision f'Amendment to Parking Agreement
Prior to issuance of the coastal development permit, the applicant shall
submit evidence that the Amendment to Parking Agreement approved by the City
of Newport Beach on February 1B, 1993, has been rescinded by the City
Council. Additionally, prior to issuance of the coastal development permit,
the applicant shall submit, for the review and approval of the Executive
Director, a letter from the City of Newport Beach indicating that the City
agrees that the City's Code Enforcement Department will enforce the public
service area restrictions described in special condition I.
Submittal of Final Plans
Prior to issuance of the coastal development permit, the applicant shall
submit, for the review and approval of the Executive Director, final floor
plans illustrating the area proposed for the day use restriction imposed in
special condition 1, above.
IV. FINDINGS AND DECLARATIONS
The Commission finds and declares as follows:
A. Pro3ect Description
The applicant proposes to convert an existing 4200 square foot former
. market /deli (currently vacant) into a restaurant /brew pub and to add 600
square feet of outdoor dining. The existing 3100 square foot, second floor
office space will remain. The public service area of the proposed restaurant
will be 2800 square feet including the proposed outdoor patio dining area.
The applicant proposes 72 parking spaces, 29 of which are located in a public
parking.lot.
The subject site is located in the Cannery Village /McFadden Square area of the
Balboa Peninsula in Newport Beach. The land use designation of the subject
site is Retail and Service Commercial. The proposed restaurant use is
consistent with that designation.
B. Public Access /Parking
Section 30210 of the Coastal Act requires maximum access and recreation be
provided for the general public. Section 30252 of the Coastal Act states, in
part:
The location and amount of new development should maintain and enhance
public access to the coast by (4) providing adequate parking facilities or
providing substitute means of serving the development with public
transportation.
The subject site is located in an area that is historically popular with the
beach going public. in addition to miles of wide sandy beach, the Balboa
.Peninsula contains many restaurants and visitor serving retail areas as well
as the two piers and the fun zone. Because of the area's popularity with the
general public it often reaches peak capacity during prime visitor periods.
ll]
5 -93 -137
Revised Findings
Page 4
The area within the existing building proposed for restaurant use is currently
vacant. The former use was a market /deli. The proposed development
represents an intensification of use, triggering the need to evaluate
parking. When development does not provide adequate parking, patrons of that
development are forced to use parking that is available to the general
public. This results in patrons of private uses competing with beach goers
for available public parking spaces and reduced parking supply for access and
recreational uses. Lack of public parking can deter the public from using
certain beach areas and other visitor amenities. The Balboa Peninsula,
particularly in the McFadden Square area, includes many pre — Coastal Act
buildings which were constructed without adequate parking. That adds to the
general parking shortage in the area. Consequently, it is important that all
new development provide adequate parking so as not to displace public beach
goer and visitor parking.
The Commission has adopted regional guidelines that provide guidance when
determining the parking need for various uses. In past actions the Commission
has consistently applied the parking ratios described in the regional
guidelines for new development in the Balboa Peninsula area. For restaurant
use the guidelines recommend a ratio of one parking space for every fifty
square feet of public service area. For general office use, the Commission's
guidelines recommend a ratio of one space for every 250 square feet of gross
floor area. The City of Newport Beach zoning requirements for parking, in
this case, are consistent (for office uses) or more restrictive (for
restaurant use: one space for every forty square feet of public service area).
Both the City and the Commission apply a similar formula for determining
parking demand in the subject area. This indicates that the ratio is
appropriate in defining specific parking needs for this area.
The City's certified Land Use Plan requires that all new development shall
provide adequate off street parking to meet the requirements of the City's
zoning code. In this case the City has found that the amount of parking
provided, including the use of existing spaces within a public parking lot,
meets the zoning code requirements. However, Coastal Act Section 30252
requires that new development provide adequate parking in a manner which
maintains and enhances coastal access. In this case because the project
proposes to use existing spaces within a public parking lot during peak
visitor use periods, the Commission cannot find that adequate parking will be
provided. Where there is no certified total Local Coastal Program, the
Commission must find a proposed project consistent with the chapter three
policies of the Coastal Act. The certified Land Use Plan, when there is a
conflict, serves as guidance only.
Based on the above guidelines ratio, the parking demand generated by the
proposed project is 56 spaces. In addition, the existing office space on the
second floor generates a demand of 13 spaces, creating a total demand of 69
spaces. There are two spaces on —site. Additionally the applicant has a
long —term lease for the use of 41 spaces in an adjacent private parking lot.
The applicant proposes to provide a total of 72 parking spaces. However. of
that number, 29 are to be acquired through a lease agreement with the City to
use a parking lot that is currently available to the public. Without the
public parking lot spaces, the proposed project would be deficient by 25
spaces, a significant shortfall.
Is'
0
0
tj
5 -93 -137
Revised Findings
Page 5
Coastal Development Permit No. 5 -88 -252 (City of Newport Beach) allowed
construction of the public parking lot in question. In approving that
development, the Executive Director determined that parking was a severe
problem in the area and that the parking lot would provide 45 additional
public parking spaces to be used for visitor serving uses and businesses. The
current applicant sold the area now containing the public parking lot to the
City in 1988. As part of the sale agreement, the current applicant retained
the right to use as many as all of the.spaces provided that, among other
requirements, the private use be restricted to night time (5 p.m. to 6 a.m.)
use. For the use of these spaces the applicant is required to pay the City a
$500.00 per space annual fee.
On August 9. 1989 the Commission concurred with the Executive Director's
determination to approve Coastal Development Permit No. 5 -89 -512 (Doan)
allowing construction of a 2375 square foot restaurant at 2900 Newport Blvd.
Under that approval, the restaurant was allowed to use 18 in -lieu spaces in
the same public parking lot now proposed for the same use. However in that
case the public parking spaces were available for the private development only
after 5 p.m. Beach and visitor parking demand generally drops after 5 p.m.
The operating hours of the proposed restaurant will be 6 a.m. to 11 p.m.
Sunday through Thursday and 6 a.m. to 2 a.m. Friday and Saturday. These
operating hours result in parking demand that will conflict with prime beach
and visitor use (i.e. daytime hours), a situation that did not occur under the
project approved under 5 -89 -512 for the same applicant. In this case, the
• conflict results in inadequate parking for the proposed project prior to 5
p.m.
The applicant has an agreement with the City allowing the use of the public
parking lot for the existing commercial building between the hours of 5:00
p.m. to 6:00 a.m. However, under the current proposal the daytime restriction
would be removed and parking for the proposed restaurant in the public parking
lot would be allowed during daytime hours. The end result would be that the
applicant may use all 45 spaces of the public lot from 5 p.m. to 6 a.m. and 29
or 64% of the spaces during the day. The City staff's report to the Planning
Commission for action on the Amendment to an Off -Site Parkina Agreement and
ry
"The daytime restriction on the use of in -lieu parking spaces was to
insure that the Cannery Village Municipal Parking Lot would be available
to daytime businesses and visitors to Cannery Village and the beach."
Minutes from the Planning Commission hearing (February 18, 1993) on the Use
Permit for the proposed project quote City staff as follows:
"The subject Municipal Parking Lot is not currently occupied 100 percent
12 months of the year; however, during the summer months it is relatively
heavily used by recreational users and by employees at City Hall."
At the February 18, 1993 Planning Commission meeting, City staff questioned
the appropriateness of displacing recreational users of the Municipal parking
lot to allow for a new commercial use. The City's certified Land Use Plan
states that the Balboa Peninsula experiences significant summer visitor
traffic. The certified LUP also states:
t
MR
5 -93 -137
Revised Findings
Page 5
There is also a difference in the peak -hour traffic for weekdays between •
winter and summer. A comparison of peak -hour traffic shows that it is
most heavily- affected on routes serving Balboa Peninsula during the
summer. Usually, daily peak -hour traffic occurs between 5:00.p.m. and
6:00 p.m. At several locations during the summer, primarily in the Balboa
Peninsula area, the peak hour occurs at midday, either between noon and
1:00 p.m. or between 1:00 p.m. and 2:00 p.m.
The LUP further states:
Parking is a major issue in the Newport Beach Coastal Zone. Observations
indicate that the current supply is generally adequate in the winter for
both residents and visitors. During the summer the demand for parking
increases. On peak weekends during the summer, parking demand is highest
in the beach areas.
The LUP also includes the City's policy to provide the greatest number of
on- street parking spaces possible. it can be inferred that the City's intent
is to provide the greatest number of Public (not just on- street) parking
spaces possible. Clearly the need for the provision of adequate parking with
new development is an issue in the City and particularly on the Balboa
Peninsula.
As proposed, the project would result in the loss of 29 parking spaces
currently available to the public in an area where parking demand for visitor
uses and beach access is great. Without the use of the spaces available in
the public lot, the subject site is deficient 26 parking spaces. Use of a
public parking lot to serve private development would result in a direct loss
of parking to the beach going public. Allowing the development to go forward
as proposed with such a significant shortfall of parking spaces would also
result in loss of parking for the beach going public. The loss would result
from patrons of the proposed development seeking public spaces when the other
parking associated with the new development is at capacity.
However, if the project is conditioned to limit the public service area of the
restaurant to no more than 1500 square feet prior to 5 p.m., the restaurant's
need for the public parking spaces during peak beach and visitor use periods
would be eliminated. With the public service area limited to 1500 square feet
prior to 5 p.m., the parking demand of the proposed restaurant /brewpub would
be lessened to 30 spaces. Additionally, the existing second floor office
space will require 13 parking spaces, creating a total demand of 43 spaces.
Without the use of the public parking lot, 43 parking spaces are provided.
When Coastal Development Permit No. 5 -89 -512 (Doan) was approved, the
Executive Director determined that because the public parking lot was not
necessary to serve the development before 5 p.m., adequate parking was
provided. The special condition required in the subject application is
consistent with that past action.
To assure that the public area limitation prior to 5 p.m. is enforced for the
life of the proposed project, the hours limitation must be recorded as a deed
restriction. A second special condition is required to assure that the
development will maintain off -site parking arrangements for the life of the
development since only 2 parking spaces are provided on -site.
0
5 -93 -137
Revised findings
Page 7
Additionally, to assure that the service area restriction is enforced, a
special condition requiring evidence that the City Council has rescinded the
Amendment to Parking Agreement which was approved February 18, 1993, must be
submitted to the Executive Director. The Amendment to Parking Agreement
allowed the daytime use of the public parking lot to serve the private
development. Once rescinded, the applicant would not be allowed use of the
public parking spaces prior to 5 p.m. Additionally, to assure that the
restricted restaurant public area is enforced, thereby maintaining the
lessened parking demand, the applicant must submit evidence that the City's
Code Enforcement Department will enforce the public area restriction. The
City's Code Enforcement Department regularly enforces similar restrictions
imposed by the City.
Therefore, the Commission finds, that as conditioned the project is consistent
with Sections 30210 and 30252 of the Coastal Act regarding public access and
recreation and the provision of adequate parking with new development.
C. Local Coastal Prouram
Section 30604(a) of the Coastal Act provides that the Commission shall issue a
Coastal Development Permit only if the project will not prejudice the ability
of the local government having jurisdiction to prepare a Local Coastal Program
which conforms with the Chapter 3 policies of the Coastal Act.
The Newport Beach Land Use Plan was certified on May 19, 1982. As conditioned
to restrict the public service area until after 5 p.m., approval of the
proposed development will not prejudice the City's ability to prepare a Local
Coastal Program Implementation Plan for Newport Beach that is consistent with
the Chapter 3 policies of the Coastal Act as required by section 30604(a).
D. California Environmental Quality Act
Section 13096(a) of the Commission's administrative regulations requires
Commission approval of a Coastal Development Permit application to be
supported by a finding showing the application to be consistent with any
applicable requirements of the California Environmental Quality Act (CEQA).
The proposed project is in an existing urbanized area with adequate services
and utilities provided and so will not cause significant adverse impacts on
the environment. Additionally, as conditioned, the proposed project will
provide adequate parking and so will not interfere with public access in the
area. Therefore, the Commission finds that, as conditioned,,the project is
consistent with the requirements of the Coastal Act to conform to CEQA.
9326E
9
VD
o
c
a
%Aamrar MAP
,w i
NE WP OR T
c,$
DISTRICTING MAP
NEWPORT BEACH — CALIFORNIA
w
.µ I
11•� iwwliRt11w16 wmmonm ML0U wg0 [w T Y
sow INlt oumwm , LNwt wwYw[wc"
b
00 ►t {w wYeaeW commom
wn* WAWU*my foomm fwwW67ww"
WAN" "tog% wxY47W
Taw
OR AQ pf
on w►.*"
Mow 00. /G
Nw .n :•
��� '�'Et�MIT Na•
A41- vow
•
a�xtti.t -b: f
�4 �5
RMA
•
r
imp - -
A=rJVJL
0 l a—went
OV
awns r�rrr�s 11OOOL,
12
s�
I•
lid IIIIIIIIIe
0 ly
Exh,�,b%+
5--,73-137
610
{�1.�.i�
v Y•Y.Y
w
1.. r`
•���.rr =Nl
•��w.w
wNIMIN�NI
...��.•.
Vrl'�31
RMA
•
r
imp - -
A=rJVJL
0 l a—went
OV
awns r�rrr�s 11OOOL,
12
s�
I•
lid IIIIIIIIIe
0 ly
Exh,�,b%+
5--,73-137
610
:,-.f 11 xv
VA
It
QD
lop
t's.
UA
2
_r• wwx.w ����
"M= Joe w j '0.7 AYIII�'19 M•713B .
Ilii i I
t R %` t
5 -93 -1:37
Newport Reach Brewing Company, Inc. "(the Operators) ", is a
California Corporation formed to construct and operate a
restaurant /brew -pub to be called Newport Beach Brewing Company,
which will be located at 2920 Newport Boulevard in Newport Beach,
California.
The restaurant will be open from 6:00 a.m. to 11:00 p.m., five
days a week and 6:00 a.m. to 2:00 a.m., Friday and Saturday. There
will be no live entertainment.
The exterior of the restaurant /brew -pub will offer a person
passing -by the "old world" ambiance of a fun and energetic eating
and drinking establishment. This highly desirable Cap Cod designed
building is highlighted with a random pattern brick front, shingle
roof, gables, window walk, and painted wood trim.
The focal point of the restaurant /brew -pub will be the custom
made copper accented stainless steel beer brewing equipment that
will be placed behind the bar and will rise to the ceiling of the
building. These brewing tanks and storage vats will be cleaned and
polished daily to keep their luster and appeal.
The Operators of the restaurant /brew -pub are working carefully
with their experienced architect and design team to select a theme
that will create a warm, yet vibrant environment for patrons to
enjoy. An emphasis for the interior of the restaurant will be
comfortable stained hard -wood and brick that offer a rustic old
world charm and ambiance. The bar is expected to be stained and
shined dark hardwood and cooper with a brass foot rail that will
give] the immediate area an "upper - class" feel. There will be
bountiful seating at the bar and on bar stools directly across from
the bar. There will be seating at tables throughout the remainder
of the restaurant, as well as on the patio. The walls will be
brick and decorated with memorabilia from the brewing industry with
particular emphasis on California pre - prohibition breweries, early
Newport Beach and brew -pubs and micro - brewers currently operating
In California and the Pacific Northwest.
The restaurant's menu will feature classic, as well as, up-
to -date cuisine that will appeal to the modern palate. Appetizers
will include buffalo wings, beer battered fried onion rings, and
"Armadillo eggs" (stuffed jalapeno peppers), a visible custom
brick wood fired pizza oven will be the focal point as a number of
Individual gourmet wood fired pizzas will be served. Newport
Beach's "finest" fresh ground burger will also head the entrees
with other choices including a "naked" chicken breast sandwich, and
a selected number of pasta dishes. A wide variety of salads will
be offered either before a meal or as a meal themselves and "world
E
57': 3 3 7
0
0
0
N
HER=
BRACH COIRPlL�►
BREWING
Newport Reach Brewing Company, Inc. "(the Operators) ", is a
California Corporation formed to construct and operate a
restaurant /brew -pub to be called Newport Beach Brewing Company,
which will be located at 2920 Newport Boulevard in Newport Beach,
California.
The restaurant will be open from 6:00 a.m. to 11:00 p.m., five
days a week and 6:00 a.m. to 2:00 a.m., Friday and Saturday. There
will be no live entertainment.
The exterior of the restaurant /brew -pub will offer a person
passing -by the "old world" ambiance of a fun and energetic eating
and drinking establishment. This highly desirable Cap Cod designed
building is highlighted with a random pattern brick front, shingle
roof, gables, window walk, and painted wood trim.
The focal point of the restaurant /brew -pub will be the custom
made copper accented stainless steel beer brewing equipment that
will be placed behind the bar and will rise to the ceiling of the
building. These brewing tanks and storage vats will be cleaned and
polished daily to keep their luster and appeal.
The Operators of the restaurant /brew -pub are working carefully
with their experienced architect and design team to select a theme
that will create a warm, yet vibrant environment for patrons to
enjoy. An emphasis for the interior of the restaurant will be
comfortable stained hard -wood and brick that offer a rustic old
world charm and ambiance. The bar is expected to be stained and
shined dark hardwood and cooper with a brass foot rail that will
give] the immediate area an "upper - class" feel. There will be
bountiful seating at the bar and on bar stools directly across from
the bar. There will be seating at tables throughout the remainder
of the restaurant, as well as on the patio. The walls will be
brick and decorated with memorabilia from the brewing industry with
particular emphasis on California pre - prohibition breweries, early
Newport Beach and brew -pubs and micro - brewers currently operating
In California and the Pacific Northwest.
The restaurant's menu will feature classic, as well as, up-
to -date cuisine that will appeal to the modern palate. Appetizers
will include buffalo wings, beer battered fried onion rings, and
"Armadillo eggs" (stuffed jalapeno peppers), a visible custom
brick wood fired pizza oven will be the focal point as a number of
Individual gourmet wood fired pizzas will be served. Newport
Beach's "finest" fresh ground burger will also head the entrees
with other choices including a "naked" chicken breast sandwich, and
a selected number of pasta dishes. A wide variety of salads will
be offered either before a meal or as a meal themselves and "world
E
57': 3 3 7
0
0
0
N
0
Championship"I homemade chili will be served in a similar manner.
There will also be an assortment of fresh baked desserts available
to patrons of the establishment.
The restaurant /brew -pub -intends to offer a full service wine
and beer bar with the emphasis on premium beer that will be brewed
on the premises. There will usually be four to six beers available
that were brewed on site. The range of beers will include ales,
piisners, lagers and stouts. The brewery will produce
approximately 16 varieties of beer each year, including such
special seasonal flavors as Octoberfest Piianor and Christmas Ala.
The beer should present Itself as quite a value to the customer,
since a 16 -ounce glass of premium, rich beer will cost justly
slightly more than a 12 -ounce bottle of mass produced domestic
beer. The beer brewed on the premises will easily overmatch both
domestic and imported beers in quality and taste. A claim such as
this can be made since the ingredients will be of the highest
quality and procured under the direct supervision of the brew -
master and the beer will be served as soon as it has completed
fermenting, giving the consumer a fresh taste without any
preservatives.
The bar will also offer a full range of soft drinks, wines,
as well as bottled domestic beer with a limited selection of
bottled imported alcoholic and non - alcoholic beers.
The Operators intend to construct the restaurant /brew -pub at
2920 Newport Boulevard which is the corner of Newport Boulevard and
30th Street between Newport Boulevard and Villa Way in Newport
Beach, California (the "Premises "). The Premises is located within
thg "Cannery Village" area of Newport Beach which is intended to
serve as an active pedestrian- oriented specialty retail /restaurant
area with a wide range of visitor - serving, neighborhood commercial,
and marine- related uses permitted.
STATE OF CALIFORNIA —TIE RESOURCES AGENCY
1 kP1 __ 6 PETE WaSON, Gewmer
CALIFORNIA COASTAL COMAMSSION
SOUTH COAST AREA
Filed: 4/19/93
145 W. BROADWAY, STE. 380
49th Da y: 6/7/93
P.O. Box 1450
LONG BEACH, a 90e0¢u16
180th Day: 10/16/93
Staff: MV�
(310) S°as0°1
Staff Report: 5/26/93
Hearing Date: 7/13 -16/93
Commission,
AAcct�i�q v ft T1jr
ZRa Fi�r(.o�nsit�PL7
STAFF REPORT: REGULAR CALENDAR ;a
+= C: sgeg R'i'ieF =u
APPLICATION NO.: 5 -93 -137"
Appcot�G vrit
APPLICANT: The Doan Trust
AGENT: Nancy Lucas - Y ` a?'f't ;w•i
PROJECT LOCATION: 2920 Newport
Blvd., Newport Beach, Orange County.
PROJECT DESCRIPTION: Conversion
of an existing 4200 square foot former
market /deli (currently vacant) to a restaurant /brew pub and the addition of
600 square feet of outdoor dining. Existing 3100 square foot, second floor
office will remain.
Lot area:
21,638 square feet
Building coverage:
4,178 square feet
Pavement coverage:
14,910 square feet
Landscape coverage:
2,550 square feet
Parking spaces:
72
Zoning:
Retail & Service Commercial
Plan designation:
Retail & Service Commercial
Ht abv fin grade:
31 feet
LOCAL APPROVALS RECEIVED: Approval in Concept, City of Newport Beach; Use
Permit No. 3485, City of Newport Beach.
SUBSTANTIVE FILE DOCUMENTS: City Planning Commission Staff Report dated
2/18/93; Minutes from the City Planning Commission Meeting of 2/18/93; City
Council Staff Report dated 3/8/93; California Coastal Commission's Adopted
Regional Interpretive Guidelines for Orange County; City of Newport Beach
certified Land Use Plan; 5 -88 -252 (City of Newport Beach); 5 -89 -512 (Doan).
SUMMARY OF STAFF RECOMMENDATION:
Staff is recommending approval with special conditions restricting the hours
of operation to after 5 p.m. to avoid negative impacts on public access and
recreation that may otherwise result from inadequate parking and to maintain
off -site parking agreements.
Is
-it
5 -93 -137
Page 2
STAFF RECOMMENDATION:
The staff recommends that the Commission adopt the following resolution:
I. ADDroval with Conditions.
The Commission hereby ra ants a permit, subject to the conditions below, for
the proposed development on the grounds that the development will be in
conformity with the provisions of Chapter 3 of the California Coastal Act of
1976, will not prejudice the ability of the local government having
jurisdiction over the area to prepare a Local Coastal Program conforming to
the provisions of Chapter 3 of the Coastal Act, and will not have any
significant adverse impacts on the environment within the meaning of the
California Environmental Quality Act.
II. Standard Conditions.
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date this permit is reported to the Commission. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the
expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the project during its development, subject to 24 -hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms and
conditions.
S
,I'?-
5 -93 -137
Page 3
III. Special Conditions:
1. Deed Restriction Limiting Hours of Operation
Prior to issuance of the coastal development permit, the applicant shall
execute and record a deed restriction, in a form and content acceptable to the
Executive Director, which shall provide that the subject restaurant /brewpub ,
shall not be open before 5 p.m. The document shall run with the land, binding
all successors and assigns, and shall be recorded free of prior liens.
2. Maintainance of Off -Site Parking
The proposed project includes the use of off -site parking for which the
applicant has entered into long -term parking agreements. Prior to issuance of
the coastal development permit, the applicant shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide that the applicant shall maintain, for the life of the
development, 67 off -site parking spaces during the hours the development is
open for business.
IV. FINDINGS AND DECLARATIONS
The Commission finds and declares as follows:
Pro3ect Description
The applicant proposes to convert an existing 4200 square foot former
market /deli (currently vacant) into a restaurant /brew pub and to add 600
square feet of outdoor dining. The existing 3100 square foot, second floor
office space will remain. The public service area of the proposed restaurant
will be 2800 square feet including the proposed outdoor patio dining area.
The subject site is located in the Cannery Village /McFadden Square area of the
Balboa Peninsula in Newport Beach. The land use designation of the subject
site is Retail and Service Commercial. The proposed restaurant use is
consistent with that designation.
B. Public Access /Parking
Section 30210 of the Coastal Act requires maximum access and recreation be
provided for the general public. Section 30252 of the Coastal Act states, in
part:
The location and amount of new development should maintain and enhance
public access to the coast by (4) providing adequate parking facilities or
providing substitute means of serving the development with public
transportation.
0'
0
The subject site is located in an area that is historically popular with the
beach going public. In addition to miles of wide sandy beach, the Balboa •
Peninsula contains many restaurants and visitor serving retail areas as well
as the two piers and the fun zone. Because of the area's popularity with the
general public it often reaches peak capacity during prime visitor periods.
15
5 -93 -137
Page 4
The area within the existing building proposed for restaurant use is currently
vacant. The former use was a market /deli, The proposed development
represents an intensification of use, triggering the need to evaluate
parking. When development does not provide adequate parking, patrons of that
development are forced to use parking that is available to the general
public. This results in patrons of private uses competing with beach goers
for available public parking spaces and reduced parking supply for access and
recreational uses. Lack of public parking can deter the public from using
certain beach areas and other visitor amenities. The Balboa Peninsula,
particularly in the McFadden Square area, includes many pre - Coastal Act
buildings which were constructed without adequate parking. That adds to the
general parking shortage in the area. Consequently, it is important that all
new development provide adequate parking so as not to displace public beach
goer and visitor parking.
The Commission has adopted regional guidelines that provide guidance when
determining the parking need for various uses. In past actions the Commission
has consistently applied the parking ratios described in the regional
guidelines for new development in the Balboa Peninsula area. For restaurant
use the guidelines recommend a ratio of one parking space for every fifty
square feet of public service area. For general office use, the Commission's
guidelines recommend a ratio of one space for every 250 square feet of gross
floor area. The City of Newport Beach zoning requirements for parking, in
this case, are consistent (for office uses) or more restrictive (for
restaurant use: one space for every forty square feet of public service area).
9 Both the City and the Commission apply a similar formula for determining
parking demand in the subject area. This indicates that the ratio is
appropriate in defining specific parking needs for this area.
0
The City's certified Land Use Plan requires that all new development shall
provide adequate off street parking to meet the requirements of the City's
zoning code. In this case the City has found that the amount of parking
provided, including the use of existing spaces within a public parking lot,
meets the zoning code requirements. .However, Coastal Act Section 30252
requires that new development provide adequate parking in a manner which
maintains and enhances coastal access. In this case because the project
proposes to use existing spaces within a public parking lot the Commission
cannot find adequate parking will be provided. Where there is no certified
total Local Coastal Program, the Commission must find a proposed project
consistent with the chapter three policies of the Coastal Act. The certified
Land Use Plan, when there is a conflict, serves as guidance only.
Based on the above guidelines ratio, the parking demand generated by the
proposed project is 56 spaces. In addition, the existing office space on the
second floor generates a demand of 13 spaces. There are two spaces on -site.
Additionally the applicant has a long -term lease for the use of 41 spaces in
an adjacent private parking lot. The applicant proposes to provide a total of
72 parking spaces. However, of that number, 29 are acquired through a lease
agreement with the City to use a parking lot that is currently available to
the public. Without the public parking lot spaces, the proposed project would
be deficient by 26 spaces, a significant shortfall.
14
5 -93 -137
Page 5
Coastal Development Permit No. 5 -88 -252 (City of Newport Beach) allowed
construction of the public parking lot in question. In approving that
development, the Executive Director determined that parking was a severe
problem in the area and that the parking lot would provide 45 additional
public parking spaces to be used for visitor serving uses and businesses. The
current applicant sold the area now containing the public parking lot to the
City in 1988. As part of the sale agreement, the current applicant retained
the right to use as many as all of the spaces provided that, among other
requirements, the private use be restricted to night time (5 p.m. to 6 a.m.)
use. For the use of these spaces the applicant is required to pay the City a
$500.00 per space annual fee.
On August 9, 1989 the Commission concurred with the Executive Director's
determination to approve Coastal Development Permit No. 5 -89 -512 (Doan)
allowing construction of a 2375 square foot restaurant. Under that approval,
the restaurant was allowed to use 18 in -lieu spaces in the same public parking
lot now proposed for the same use. However in that case the public parking
spaces were available for the private development only after 5 p.m. Beach and
visitor parking demand generally drops after 5 p.m. The operating hours of
the proposed restaurant will be 6 a.m. to 11 p.m. Sunday through Thursday and
6 a.m. to 2 a.m. Friday and Saturday. These operating hours result in parking
demand that will conflict with prime beach and visitor use hours, a situation
that did not occur under the project approved under 5 -89 -512 for the same
applicant. In this case, the conflict results in inadequate parking for the
proposed project.
The applicant has an agreement with the City allowing the use of the public
parking lot for the existing commercial building between the hours of 5:00
p.m. 6:00 a.m. However, under the current proposal the daytime restriction
would be removed and parking for the proposed restaurant in the public parking
lot would be allowed during daytime hours. The end result would be that the
applicant may use all 45 spaces of the public lot from 5 p.m. to 6 a.m. and 29
or 64% of the spaces during the day. The City staff's report to the Planning
Commission for action on the Amendment to an Off -Site Parking Agreement and
"The daytime restriction on the use of in -lieu parking spaces was to
insure that the Cannery Village Municipal Parking Lot would be available
to daytime businesses and visitors to Cannery Village and the beach.'
Minutes from the Planning Commission hearing (February 18, 1993) on the Use
Permit for the proposed project quote City staff as follows:
"The subject Municipal Parking Lot is not currently occupied 100 percent
12 months of the year; however, during the summer months it is relatively
heavily used by recreational users and by employees at City Hall.°
At the February 18, 1993 Planning Commission meeting, City staff questioned
the appropriateness of displacing recreational users of the Municipal parking
lot to allow for a new commercial use. The City's certified Land Use Plan
states that the Balboa Peninsula experiences significant summer visitor
traffic. The certified LUP also states:
A5
5 -93 -137
Page 6
There is also a difference in the peak -hour traffic for weekdays between
winter and summer. A comparison of peak -hour traffic shows that it is
most heavily affected on routes serving Balboa Peninsula during the
summer. Usually, daily peak -hour traffic occurs between 5:00 p.m. and
6:00 p.m. At several locations during the summer, primarily in the Balboa
Peninsula area, the peak hour occurs at midday, either between noon and
1:00 p.m. or between 1:00 p.m. and 2:00 p.m.
The LUP further states:
Parking is a major issue in the Newport Beach Coastal Zone. Observations
indicate that the current supply is generally adequate in the winter for
both residents and visitors. During the summer the demand for parking
increases. On peak weekends during the summer, parking is highest in the
beach areas.
The LUP also includes the City's policy to provide the greatest number of
on- street parking spaces possible. It can be inferred that the City's intent
is to provide the greatest number of public (not just on- street) parking
spaces possible. Clearly the need for the provision of adequate parking with
new development is an issue in the City and particularly on the Balboa
Peninsula.
As proposed, the project would result in the loss of 29 parking spaces
currently available to the public in an area where parking demand for visitor
uses and beach access is great. without the use of the spaces available in
the public lot, the subject site is deficient 26 parking spaces. Use of a
public parking lot to serve private development would result in a direct loss
of parking to the beach going public. Allowing the development to go forward
with such a significant shortfall of parking spaces would result in loss of
parking for the beach going public. The loss would result from patrons of the
proposed development seeking public spaces when the other parking associated
with the new development is at capacity.
However, if the project is conditioned to limit the hours of operation until
after 5 p.m., the need for the public parking spaces during peak beach and
visitor use periods would be eliminated. If the hours are modified, the
conflict between private and public use of the public parking lot would no
longer exist. when Coastal Development Permit No. 5 -89 -512 (Doan) was
approved, the Executive Director determined that because the public parking
lot was not necessary to serve the development before 5 p.m., adequate parking
was provided. The special condition required in the subject application is
consistent with that past action. To assure that the modified hours remain in
effect for the life of the proposed project, the hours limitation must be
recorded as a deed restriction. A second special condition is required to
assure that the development will maintain off -site parking arrangements since
only 2 parking spaces are provided on -site
Therefore, the Commission finds, that as conditioned the project is consistent
with Sections 30210 and 30252 of the Coastal Act regarding public access and
recreation and the provision of adequate parking with new development.
0
(0
5 -93 -137
Page 7
C. Local Coastal Program
Section 30604(a) of the Coastal Act provides that the Commission shall issue a
Coastal Development Permit only if the project will not prejudice the ability
of the local government having jurisdiction to prepare a Local Coastal Program
which conforms with the Chapter 3 policies of the Coastal Act.
The Newport Beach Land Use Plan was certified on May 19, 1982. As conditioned
to limit operating hours until after 5 p.m., approval of the proposed
development will not prejudice the City's ability to prepare a Local Coastal
Program Implementation Plan for Newport Beach that is consistent with the
Chapter 3 policies of the Coastal Act as required by section 30604(a).
D. California Environmental Ouality Act
Section 13096(a) of the Commission's administrative regulations requires
Commission approval of a Coastal Development Permit application to be
supported by a finding showing the application to be consistent with any
applicable requirements of the California Environmental Quality Act (CEQA).
The proposed project is in an existing urbanized area with adequate services
and utilities provided and so will not cause significant adverse impacts on
the environment. Additionally,
provide adequate parking and so
area. Therefore, the Commission
consistent with the requirement
s
8721E
as conditioned, the proposed project will
will not interfere with beach access in the
finds that, as conditioned, the project is
of the Coastal Act to conform to CEQA.
-11
� "V'ICINiTY MAP
,
iJ JC! MA }
-4. \ \
• LP -i
4 ` `
4v
MAP
ry
•GRM1 RGitlNTG
�
N rG• T'+ 1
1
R i[Qf9l[PNI[tlMilµ
PtlrLG
'
P1 �
0
K1 s
n.
un"AmmG OK N.MJP
1
�
'
'M1
4L •
!1
�1
m
MRR
. O P
r.
�o
Y
a
Y
r•
1p
���
Gr -6
P-i
i w6 PC
i q
lk�
RC
•
W/J
0 PLC
P-C
2VEWPORT BA
MAP
DISTRICTING
MAP
INPORT BEACH - CALIFORNIA
•GRM1 RGitlNTG
T 1il
LiG{ ICRP
M1M NLL
N rG• T'+ 1
O YWG L
YOtl1Y1mR[t1tl16RN
R i[Qf9l[PNI[tlMilµ
PtlrLG
GwL1NI[MNLITMYT 4
Stub. WRMK WEFTM -
TC
00 C f
n.
un"AmmG OK N.MJP
• L1s,E 'PEfzM�T Nv. 31$5
MAP 010. C
I oaf v jbvaw v aamw �V
Tit
os
Ct d,
r [
r
rc� E
1
(t2,
I� fill
too
• �orr.vs rw �
1 �_ ��lta�ty � 11 i 1! (• � L
• � 33 :11.: • p
EXk,�b
5- '73-137 1
m�
rr`sw
-Mrs
nm it m Nm
_sp
Lmr.w wowww �
lAll/ m.M 0 �"^1 fi
•'
S
r '
I.imi,
N
C
5- 93-i�7 45k
NEWPORT BEACH BREWING COMPANY
Newport Beach Brewing Company, Inc. "(the Operators)", is a
California Corporation formed to construct and operate a
restaurant /brew -pub to be called Newport Beach Brewing Company,
which will be located at 2920 Newport Boulevard in Newport Beach,
California.
The restaurant will be open from 6:00 a.m. to 11:00 p.m., five
days a week and 6:00 a.m. to 2:00 a.m., Friday and Saturday. There
will be no live entertainment.
The exterior of the restaurant /brew -pub will offer a person
passing -by the "old world" ambiance of a fun and energetic eating
and drinking establishment. This highly desirable Cap Cod designed
building is highlighted with a random pattern brick front, shingle
roof, gables, window walk, and painted wood trim.
The focal point of the restaurant /brew -pub will be the custom
made copper accented stainless steel beer brewing equipment that
will be placed behind the bar and will rise to the ceiling of the
building. These brewing tanks and storage vats will be cleaned and
• polished daily to keep their luster and appeal.
The Operators of the restaurant /brew -pub are working carefully
with their experienced architect and design team to select a theme
that will create a warm, yet vibrant environment for patrons to
enjoy. An emphasis for the interior of the restaurant will be
comfortable stained hard -wood and brick that offer a rustic old
world charm and ambiance. The bar is expected to be stained and
shined dark hardwood and cooper with a brass foot rail that will
give the immediate area an "upper - class" feel. There will be
bountiful seating at the bar and on bar stools directly across from
the bar. There will be seating at tables throughout the remainder
of the restaurant, as well as on the patio. The walls will be
brick and decorated with memorabilia from the brewing industry with
particular emphasis on California pre - prohibition breweries, early
Newport Beach and brew -pubs and micro - brewers currently operating
in California and the Pacific Northwest.
The restaurant's menu will feature classic, as well as, up-
to -date cuisine that will appeal to the modern palate. Appetizers
will include buffalo wings, beer battered fried onion rings, and
"Armadillo eggs" (stuffed jalapeno peppers). A visible custom
brick wood fired pizza oven will be the focal point as a number of
individual gourmet wood fired pizzas will be served. Newport
Beach's "finest" fresh ground burger will also head the entrees
with other choices including a "naked" chicken breast sandwich, and
a selected number of pasta dishes. A wide variety of salads will
be offered either before a meal or as a meal themselves and "World
,S= g3 -i37
M
IJ�
Championship" homemade chili will be served in a similar manner.
There will also be an assortment of fresh baked desserts available
to patrons of the establishment.
The restaurant /brew -pub dntends to offer a full service wine
and beer bar with the emphasis on premium beer that will be brewed
on the premises. There will usually be four to six beers available
that were brewed on site. The range of beers will include ales,
pilsners, lagers and stouts. The brewery will produce
approximately- 16 varieties of beer each year, including such
special seasonal flavors as Octoberfest Pilsnor and Christmas Ale.
The beer should present itself as quite a value to the customer,
since a 16 -ounce glass of premium, rich beer will cost justly
slightly more than a 12 -ounce bottle of mass produced domestic
beer. The beer brewed on the premises will easily overmatch both
domestic and imported beers in quality and taste. A claim such as
this can be made since the ingredients will be of the highest
quality and procured under the direct supervision of the brew -
master and the beer will be served as soon as it has completed
fermenting, giving the consumer a fresh taste without any
preservatives.
The bar will also offer a full range of soft drinks, wines,
as well as bottled domestic beer with a limited selection of
bottled imported alcoholic and non - alcoholic beers.
The Operators intend to construct the restaurant /brew -pub at
2920 Newport Boulevard which is the corner of Newport Boulevard and
30th Street between Newport Boulevard and Villa Way in Newport
Beach, California (the "Premises "). The Premises is located within
the "Cannery Village" area of Newport Beach which is intended to
serve as an active pedestrian- oriented specialty retail /restaurant
area with a wide range of visitor - serving, neighborhood commercial,
and marine- related uses permitted.
I*
2
I
A¢0
0
w ..W
U 0 8
a m
W W E
a
(� H
z>
ao -
2 n
Wok
C oo
CW C4 a,
E» Pd o
F z
rn F �
rA
x W 2 �
F p: "
4`
J
M
I<
9
6
7
L
L
�11
12
0
14'
15
16
17
18
19
20
21
22
23
24
25
26
27
RECORDING REQUESTED 11Y AND
RETURN 70:
California Coastal Commission
45 Fremont St., Suite 2000
San Francisco C4 94105 -2219
Attn: Legal Division
DING tiE0umm Sri
0M4N AMER=N Tr"
DEED RESTRICTION
i
IDOL 94-- iVJ r
RecerdeI iFt Vi?IClal Reror&
ui urdir3e CriuAiy, Ldliiorua
Lee A. rmd, C:S'.RitiY R£CCr
p1se 1 n :D .rPpS_ / R5 10
Tax: $ 0.4v"
. i
I. WHEREAS,•7bgCas W Doan and nnrnf-hlr r13„ Don as Tniataa.s-c& Tba Dom
Tr„at of c pt 77,1974 , hereinafter referred to as the "Owner(s)," is /are
the record owner(s) of the following real property:
I hereinafter referred to as the "Property;" and
II. WHEREAS, the California Coastal Commission, hereinafter referred
to as the "Commission," is acting on behalf of the Feople of the State of
California; and
III. WHEREAS, the subject property is located within the coastal
zone as defined in 430103 of Division 20 of the California Public Resources
Code, hereinafter referred to as the "California Coastal Act of 1976,"
(the Act); and
IV. WHEREAS, pursuant to the Act, the owner applied to the commission
for a coastal development permit on the Property described above; and
V. WHEREAS, coastal development uermit number '5- 93_,137, hereinafter
referred to as.the "Permit," was granted on July 15' 1993 , by
the Commission in accordance with the provision of the Staff Recommendation
and Notice of Intent tt rr u Pe m't
snd Findings; attached hereto as EX�IAT � aord �ierein incorporated by i
8
9
10
11
12
13
14
151
161
17
18
19
20
21
22
23
24
25
26
27
COURT PAPER
Srni a or flL�,ll +�!
$10 IIJ InCV •.l„
O!f
reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions
including, but not limited to, the following condition(s):
1. Deed Restriction Limiting Daytime Use
Prior to issuance of the coastal development permit, the applicant shall
execute and record a deed restriction, in a form and content acceptable to the
Executive Director, which shall provide that no more than 1,500 square feet of
service area of the subject restaurant /brewpub shall be open before 5 p.m.
The document shall run with the land, binding all successors and assigns, and
shall be recorded free of prior liens and encumbrances which the Executive
Director determines to affect said interest.
2. Maintenance of Off -Site Parking
The proposed'project includes the use of off -site parking for which the
applicant has entered into long -term parking agreements. Prior to issuance of,
the coastal development permit, the applicant shall execute and record a'deed
restriction, in a form and content acceptable to the Executive Director, which)
shall provide that the applicant shall maintain, for the life of the
development, a total of 41 off -site parking spaces between 6:00 a.m. and 5:00
p.m. daily, and a total of 67 off -site parking spaces between 5:00 p.m. and
2:00 a.m. daily. The document shall run with the land, binding all successors:
and assigns, and shall be recorded free of prior liens and encumbrances which
the Executive Director determines to affect said interest.
VII. WHEREAS, the Commission found that but for the imposition of the
above conditions) the proposed development could not be found consisEent
i
with ,the provisions of the California Coastal Act of 1976 and that a permit
could therefore not have been granted; and
VIII. WHEREAS, owner has elected to comply with the condition(s)
imposed by'the Permit and execute this Deed Restriction so as to enable
Owner to undertake the development authorized by the Permit.
-2
t)
e
1 NOW, THEREFORE, in consideration of the granting of the Permit to the
2 Owner by the Commission, the Owner hereby irrevocably covenants with the
3 Commission that there be and hereby is created the following restrictions
4 on the use and enjoyment of said Property, to be attached to and become a
5 part of the deed to the property.
6 1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner,
7 for himself /herself and for his /her heirs, assigns, and successors in
8 interest, covenants and agrees that:
9 Applicant shall provide,that no more than 1,500 square feet of service area
10 of the subject restaurant /brewpub shall be open before 5:00 p.m.
11 Applicant shall maintain for the life of the development, a total of 91'
12 off —site parking spaces between 6:00 a.m. and 5:00 p.m. and a total of 67
Off—site parking spaces between 5:00 p.m. and 2:00 a.m. daily as shown on
13 exhibit C attached hereto and incorporated herein by reference.
14
15
I-
17
18 2. DURATION. Said Deed Restriction shall remain in full force
19 and effect during the period that said permit, or any modification or
20 amendment thereof remains effective, and during the period that the
21 development authorized by the Permit or any modification of said development
22 remains in existence in or upon any part of, and thereby confers benefit
23 upon, the Property described herein, and shall bind Owner and all his /her
24 assigns or successors in interest..
25 3. TAXES AND ASSESSMENTS. It is intended that this Deed
26 Restriction is irrevocable and shall constitute an enforceable restriction
27 within the meaning of a) Article XIII, 48, of the California Constituti•11,
COURT PAPER
xr.ra ar cnu+vxxu
—3_
6r0. 113 ,xt v. e.rx�
I
eo
raw
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
181
19
20
21
22
23I
24
25
26
27
E
and b) §402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute .
a servitude upon and burden to the Property within the meaning of §3712(d)
of the California Revenue and Taxation Code, or successor statute, which
survives a sale of tax-deeded property.
4. RIGHT OF ENTRY. The Commission or its agent may
enter onto the Property at times reasonably acceptable to the Owner to
ascertain whether the use restrictions set forth above are being observed.
S. REMEDIES. Any act, conveyance, contract, or authorization
by the Owner whether written or oral which uses or would cause to be used
or would permit use of the Proper.ty contrary to the terms of this Deed
Restriction will be deemed a violation and a breach hereof. The Commission
and the Owner may pursue any and all available legal and /or equitable remedies;
to enforce the terms and conditions of this Deed Restriction. In the event
of a breach, any forbearance on the part of either party to enforce the
terms and provisions hereof shall not be deemed a waiver of enforcement
rights regarding any subsequent breach.
6. SEVERABILITY. If any provision of these restrictions is
held to be invalid, or for any reason becomes unenforceable, no other
provision shall be thereby affected or impaired.
Dated: /2�- G , 19515
SIGNED I&_rTftNED: 1/ AIL ti
Tffi As &J�aAv' %usT •�r11 c�`1�/y -R Ti
PRINT OR TYPE NAME OF ABOVE PRINT OR TYPE NAME OF ABOVE
* * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE * *
COURT PAPER
RATE ai GLIM MA
SM. 119 IEEV. 0.72,
o..
-4-
%I
7
8
9
10
11
12
13
a !
STATE OF CALIFORNIA
COUNTY OF
On
Public personally appeared
before me,
A Notary
, personally,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
State of
County of i� }
On before me, IYIIqT'V / L�'1tZLVL-
J (DATE) JNAMI TITLE OF OFFICER- I.E.,JN/EDOE, Norr YPuauc -)
personally appeared L�. e ��r 1 'V_ 1,)7)a fil g ,
(NAMES) OF SMER(SI) .�+
F/LcG
ersonelly known to me - OR -
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are sub-
scribed to the within instrument and acknowledged
1
to me that he /she /they executed the same in
2
his /her /their authorized capacity(es), and that by
3
ORANGE COUNTY
4I
5
person(s), or the amity upon behaB of which the
d129.1994
1152 ,1
person(s) acted, executed the instrument
6
7
8
9
10
11
12
13
a !
STATE OF CALIFORNIA
COUNTY OF
On
Public personally appeared
before me,
A Notary
, personally,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
State of
County of i� }
On before me, IYIIqT'V / L�'1tZLVL-
J (DATE) JNAMI TITLE OF OFFICER- I.E.,JN/EDOE, Norr YPuauc -)
personally appeared L�. e ��r 1 'V_ 1,)7)a fil g ,
(NAMES) OF SMER(SI) .�+
F/LcG
ersonelly known to me - OR -
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are sub-
scribed to the within instrument and acknowledged
FICIAL SEAL
to me that he /she /they executed the same in
Y R. MEZEUL
ubRd- Cdlfdmia
his /her /their authorized capacity(es), and that by
[O:EMAO
ORANGE COUNTY
his /her /their signature(s) on the instrument the
res
person(s), or the amity upon behaB of which the
d129.1994
1152 ,1
person(s) acted, executed the instrument
Witness my h and and official seal.
v? .a I
RIGNTTRUMRPR ffrlCFMRALI
a
R
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL(S)
• CORPORATE
OFFICER($)
• PARTNER(S) (TITLEM)
• ATTORNEY IN FACT
• TRUSTEE(S)
• GUARDIAN /CONSERVATOR
• OTHER:
SIGNER IS REPRESENTING:
MBE OF PERSON(S) OR ENTIrVpES))
ATTENTION NOTARY: The information requested below is
Type Of Document
ho wev �Mfraudulent attachment of this certificate to any unauthorized document
THIS CERTIFICATE —
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages i Date of Document --
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
WOLCOTTS FM SU40 —ALL FIIAPOSE ADMONY.XMIN!"WITN SIGNER CAMAY /REPNESRaATMWRNGERPRINT –ft. U -92 01M WOLCOTTS FORMS, ING
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15'
16
17
is
19
0 • •
This is to Certify that the deed restriction set forth above is hereby
acknowledged by the undersigned officer on behalf of the California Coastal
Commission pursuant to authority conferred by the California Coastal
Commission when it granted Coastal Development Permit No. 5 -93 -137
on July 15, 1993 and the California Coastal Commission consents
to recordation therof by its duly authorized officer.
Dated:
Jo rs, Staff Counsel
California Coastal Commission
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On / 3 -,before me, Deborah L. Bove A Notary
Public personally appeared John Bowers personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
21
authorized capacity(ies), and that by his /her /their signature(s) on the
22
instrument the person(s), or the entity upon behalf of which the person(s)
23
acted, executed the instrument.
24
251 WITNESS my hand and official seal.
�ig��
COURT PAPER i
STwT[ aw CA U�aw
STO 113 REV [.7 �lf —6- !
asp , Y
E4` DEBORAH L. WYE
C NOTARY K)BLIGCALIFORNA
r CITY &COWYOF
SAN FRANCISCO
Com isssrn Expires October 4, 1995
On July 15, 1993 the California Coastal Commission granted
to THE DOAN TRUST Permit 5 -93- -137 subject to the
attached conditions, for development consisting of:
Conversion of an existing 4200 square foot former market /deli (currently vacant)
to a restaurant /brew pub and the addition of 600 square feet of outdoor dining.
Existing 3100 square foot, second floor office will remain.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County
at--2920 Newport Blvd., Newport Beach
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions imposed by the Commission. Once these
conditions have been fulfilled, the permit will be issued. For your information,
all the imposed conditions are attached.
Issued on behalf of the California Coastal Commission on July 15, 1993
PETER DOUGLAS
Executive Director
By: 11 e LC.
w Title: taff Analyst
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit No. 5 -93 -137 and fully
understands its contents, including all conditions imposed.
J
Date Pe ittee
Please sign and return one copy of this form to the Commission office at the above
address.
EXHIBIT "A"
STATE 6F CAUFORNIA —THE RESOURCES AGENCY
PETE WILSON, G&, M,
CALIFORNIA COASTAL
COMMISSION
—
PAugust
of
SOUTH COAST AREA
Date:
10 I9
245
W. BROADWAY, STE, 980
P.O. Box 1450
Permit Application No.
5 -93 -137
LONG BEACH, CA 90802.416
(510) SMS071
NOTICE
OF INTENT TO ISSUE PERMIT
On July 15, 1993 the California Coastal Commission granted
to THE DOAN TRUST Permit 5 -93- -137 subject to the
attached conditions, for development consisting of:
Conversion of an existing 4200 square foot former market /deli (currently vacant)
to a restaurant /brew pub and the addition of 600 square feet of outdoor dining.
Existing 3100 square foot, second floor office will remain.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County
at--2920 Newport Blvd., Newport Beach
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions imposed by the Commission. Once these
conditions have been fulfilled, the permit will be issued. For your information,
all the imposed conditions are attached.
Issued on behalf of the California Coastal Commission on July 15, 1993
PETER DOUGLAS
Executive Director
By: 11 e LC.
w Title: taff Analyst
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit No. 5 -93 -137 and fully
understands its contents, including all conditions imposed.
J
Date Pe ittee
Please sign and return one copy of this form to the Commission office at the above
address.
NOTICE OF INTENT TO ISSOE PERMIT
Page 2 of 3
Permit Application No. 5 -93 -137
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. . Compliance, All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition
will be resolved by the Executive Director or the Commission.
5. Inspections. The—Commission staff shall be allowed to inspect the site and
the project during its development, subject to•24 —hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
.conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
13 Deed Restriction Limiting Daytime Use
Prior to issuance of the coastal development permit, the applicant shall execute
and record a deed restriction, in a form and content acceptable to the Executive
Director, which shall provide that no more than 1,500 square feet of service area
of the subject restaurant /brewpub shall be open before 5 p.m. The document shall
run with the land, binding all successors and assigns, and shall be recorded free
of prior liens.
0�`
Page 3
5 -93 -137
2.. Maintainance of Off —Site Parking
The proposed project includes the use of off —site parking for which the applicant
has entered into long —term parking agreements. Prior to issuance of the coastal
development permit, the applicant shall execute and record a deed restrictioh, in
a form and content acceptable to the Executive Director, which shall provide that,
the applicant shall maintain, for the life of the development, a total of 41
off —site parking spaces between 6:00 a.m, and 5:00 p.m. daily, and a total of 67
off —site parking spaces between 5:00 p.m. and 2:00 a.m, daily.
3. Recissien of Amendment to Parking Agreement
Prior to issuance of the coastal development permit, the applicant shall submit
evidence'that the Amendment to Parking Agreement approved by the City of Newport
Beach bn February 18, 1993, has been rescinded by the City Council. Additionally,
prior to issuance of the coastal development permit, the applicant shall :::submit,
for the review and approval of the Executive Director, a letter from the City of
Newport Beach indicating that the City agrees that the City's Code Enforcement
will enforce the public service area restrictions described in Special Condition 1.
4. :Submittal of Final. Plans
Prior to issuance of the coastal development permit, the applicant shall submit,
for the review and approval of the Executive Director, final floor plans
illustrating the area proposed for the day use restriction imposed in special
conditionl, above.
AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE
LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN
YOU RECEIVE•THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL
DEPARTMENT AT (415) 904 -5200.
MV:tn
9280E
M
EXHIBIT "B"
(LEGAL DESCRIP'TI'ON)
PARCEL A:
THE WESTERLY 12.5 FEET OF LOT 17, ALL OF LOTS 18, 19, 20 AND 21,
AND THE EASTERLY 9.50 FEET OF LOT 22, BLOCK •330 OF LANCASTER'S
ADDITION TO NEWPORT BEACH, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN.BOOK 5,
PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE $COUNTY,
CALIFORNIA.
PARCEL B:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO THE PARCEL MAP FILED IN BOOK 92, PAGE 40
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
• JAN 12 194 14 =18 I
f1•� P.RQPEftTIES
! 15 u
' PARCEL MAP
��"
-. U
Sogthwest Corner of
.
'
r,
84
30th- Street and Villa Way
..
o
Newport Beach, California
e
October, 1987
W14Y
Richard A. Puller, M.A.I.
19 $I
p
I'
n
I
I
$
i•
G
I2
f
I
89
p
7 {1
i
9 /2
Q
O
3
! 15 u
I
83
-. U
H
.
'
r,
84
T
..
'
O
e
S
W14Y
s
I
I
$
i•
G
I2
f
I
89
p
7 {1
i
Q
I
ASTE`R'S ADD, 4,4f.' 5_ 14
EL 0,4P'. . • P M. SZ = 40
'I "AO D ii On - 7 /Prni -r, ^"O..i
NEW,
ASSE
BOOK 4
Exhibit--C
I
P.2/2
-. U
W14Y
s
�
4
$
f
IZ
y 3
Z
L
m
'
O
5
�
1I
t
as•
AaQ
4
h
' �
S °wt
� P, M. 91- 40
ASTE`R'S ADD, 4,4f.' 5_ 14
EL 0,4P'. . • P M. SZ = 40
'I "AO D ii On - 7 /Prni -r, ^"O..i
NEW,
ASSE
BOOK 4
Exhibit No. 4
sCITY OF NEWPORT BEACH Hearing Date: September 13, 1999
at. COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT Staff Person: Patrick J. Alford
3300 NEWPORT BOULEVARD f44 -3235
NEWPORT BEACH, CA 92458
(949) 644-320, FAX (949) 644.3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Newport Beach Brewing Company Appeal FILE COPY
2920 Newport Boulevard
SUMMARY: An appeal by the applicant of the Planning Commission's denial of an
amendment to Use Permit 3485 to allow a change in Alcoholic Beverage
Control license type to allow full alcoholic beverage service.
ACTION: Affirm or reverse the Planning Commission's denial of.
• Use Permit No. 3485 (Amended)
Background
On August 5, 1999, the Planning Commission voted (3 ayes, 1 no, 3 absent) to deny the proposed
amendment to Use Permit 3485.
The appeal of the Planning Commission's decision was filed on August 19, 1999.
Analysis
The project denied by the Planning Commission would have allowed the restaurant/brewpub to
go from beer and wine service only to full alcoholic .beverage service. The Planning Commission
based its denial on the high crime rate and high concentration of licenses in the Cannery Village
area. The Planning Commission determined that due to these factors, public convenience or
necessity would not be served by the project. Furthermore, the Planning Commission concluded
that approval of the project under these circumstances would be detrimental to the health, safety,
peace, morals, comfort, and general welfare of persons residing or working in the area.
The Planning Commission's review of the project followed the provisions of the Alcoholic
Beverage Outlet (ABO) Ordinance. The ABO requires the Planning Commission to consider
whether the use serves public convenience or necessity, the crime rate, the number of alcohol
licenses per capita, the numbers of alcohol- related calls for service, crimes or arrests, and adjacent
land uses. The Planning Commission noted that the crime statistics and ratio of alcoholic beverage
licenses to population constitute an "undue concentration" of licenses under State law. Under these
circumstances, the ABC is required to deny the application for the license unless the City
determines that public convenience or necessity would be served by its issuance.
�1
The Planning Commission also considered information provided by the Police Department. The
Police Department cited the disproportionate impact alcohol related offenses continues to have on
their workload and on the quality of life in the community. The Police Department also stated that
while they had no serious concerns with the current operation, they believed that the project must be
considered in light of the larger issue of the intensification of alcohol and related uses on the Balboa
Peninsula, especially in the Cannery Village area.
At the Planning Commission hearing, the applicant stated that they operate a good establishment
and that full alcoholic beverage service is needed in order to stay competitive and offer improved
services to their customers. The applicant cited statistics attributing less than one percent of the
alcohol- related arrests in the area to the establishment. The applicant also stated that the over
concentration issue was moot, since they were an existing establishment and were only modifying
an existing license. The applicant further stated that the situation in the area will improve with the
closing of the Cannery Restaurant and the Snug Harbor.
Should the City Council choose to reverse the Planning Commission's denial of the project,
findings and conditions for approval are contained in Exhibit `B" of the Planning Commission staff
report.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments:
I. A eat Application.
2. August 5, 1999 Planning Commission staff report
3. August 5, 1999 Planning Commission meeting minutes.
Newport Beach Brewing Co. Appeal
September 13, 1999
Page 2 6
APPLICA
Application No.
Name of Appellant
or person filing:_
Address: 4 ( 6- �C
CITY OF NEWPORT BEACH
Date of Planning Commission decision:
Regarding application of
ISION OF THE PLANNING COI I W E D
(Description of application filed with Planning Commission)
's L ^ Kcp-d
Phone:�
I ��
'tlna fJcCIT ,�ig OR / 1 y
19
.1ina Y for
Reasons for Appel : W e P-jr- c
1;
A,3`{9S-t-o(( Ito L, &�„ /(/
-Ke- G t rcv jr5 tar,c�S//�� n1�-F�
06 ee- 1, Nor �l5 , C o t .Tor C D
FOR OFFICE USE ONLY
TLL a -t-,e- f- i'o jVSc
•a � cvc� c ,ljcPvicc � ( ho-I'v��c,^
_ pT`/k1.�n$ fctidinc or G✓orKiKS in"1'�cnci,f��r�
Date
Date Appeal filed and Administrative Fee received: ''/�M'�c�k.�.o' `°t 19 1.
Hearing Date. An appeal shall be scheduled for a headngyefore the City Council within thirty (30) days of the
filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec.
20.95.050)
cc: Appellant
Planning (Furnish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.95.0406
Appeal Fee: $278 pursuant to Resolution No. 98 -52 adopted on 7 -27 -98
(Deposit funds with Cashier in Account #2700 -5000)
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
0
PLANNING DEPARTMENT
J t 53�NEWPORT BOULEVARD
�4trFpnN`r NEWPORT REACH, CA 92658
(949) 644-32 —; FAX (949) 644-3250
SUBJECT:
SUMMARY:
ACTION:
LEGAL
DESCRIPTION:
ZONING
DISTRICT:
LAND USE
DESIGNATION:
OWNER:
Hearing Date:
Agenda Item No.:
Staff Person:
Appeal Period:
REPORT TO THE PLANNING COMMISSION
Newport Beach Brewing Company
2920 Newport Boulevard
August 5, 1999
1
Patrick J. Alford
644 -3235
14 Days
An amendment to an existing use permit to allow a change in Alcoholic
Beverage Control license type to allow full alcoholic beverage service.
Hold hearing; approve, modify, or deny:
• Use Permit No. 3485 (Amended)
Parcel I of Parcel Map 92 -40 (restaurantlbrewpub site) and portions of
Lots 17 and 22 of Lancaster's Addition (off -site parking lot).
Cannery Village/McFadden Square Specific Plan (SP -6) - Specialty Retail
(SR) District.
Retail and Service Commercial
Allan Fainbarg and Arnold D. Feuerstein, Anaheim
16
-"L
bG
j Pro
N
RMAOR
'
AA
VICINITY MAP
. veve��� � note eo
1 � %
«
1 i'°
J ;
�P
+
5 ]0
gg
1
Use Permit 3485 (Amended)
Y r
Subject Property and Surrounding Land Uses
Current land use: Commercial (eating and drinking establishmentloffice)
To the north: 30`h Street with commercial (retail and office) /residential beyond.
To the south: Public alley with commercial (eating and drinking establishment) beyond.
To the east: Surface parking.
To the west: Newport Boulevard with commercial (retail) beyond.
Use Permit 3485A (Newport Beach Brewing Co.)
August 5, 1999
Page 2
l��
Points and Authority
Environmental Review (California Environmental Ouality Act)
• It has been determined that the project is categorically exempt under Class I (existing
facilities).
Conformance with the General Plan
■ The Land Use Element of the General Plan designates the site for "Retail and Service
Commercial" uses. Restaurants are permitted uses within this designation.
Conformance with the Zoning Code
■ Eating and drinking establishments are permitted on the approval of a use permit in
the SP -6 /SR District.
• A use permit is required for any existing alcoholic beverage outlet seeking to change
its type of retail liquor license with the Department of Alcoholic Beverage Control
under the provisions of Chapter 20.89 of the Municipal Code.
• Use permit procedures and requirements are set forth in Chapter 20.91 of the Municipal
Code.
Background
On February 18, 1993, the Planning Commission approved (6 ayes, 1 absent) Use Permit No.
3485 for a combination restaurant and brewpub. On March 8, 1993, the City Council approved
the use permit in conjunction with an amendment to an existing off -site parking agreement that
would have allowed the project to use 29 parking spaces in the Cannery Village Municipal
Parking Lot.
On September 27, 1993, the City Council amended the use permit to reflect additional
restrictions on the amount of net public area and the number of off -site parking spaces placed on
the project by the California Coastal Commission I.
Site Overview
The project site is an 8,320 square foot parcel located at the southeast corner of the intersection
of Newport Boulevard and 30'h Street. The site is developed with a two -story, 7,876 square foot
structure. On the first floor, the restaurant occupies approximately 3,244 square feet and the
brewery occupies approximately 1,532 square feet. The 3,100 square feet of the second floor is
used as office space.
' The Coastal Commission was concerned that the use of 29 parking spaces in the Cannery Village Municipal
Parking Lot would conflict with public use of these spaces during the day. a
Use Permit 3485A (Newport Beach Brewing Co.) ,6
August 5, 1999
Page 3 X _
The project site contains approximately 2,276 square feet of net public area. However, it is
limited by conditions to 1,500 square feet of net public area prior to 5:00 p.m., Monday through
Friday.
The project site contains 2 on -site parking spaces and there is an off -site parking agreement for
an additional 41 spaces in the surface parking lot on the abutting property (410 30th Street). In
addition, the project has access to 29 in -lieu parking spaces in the Cannery Village Municipal
Parking Lot (426 301h Street) after 5:00 p.m.
Proiect Overview
The applicant is requesting an amendment to the existing use permit to allow the
restaurantlbrewpub to go from beer and wine service only to full alcoholic beverage service (i.e.,
the sale of whiskey, rum, brandy, gin, and other distilled spirits). No modifications to the site
plan, floor plan, elevations, or conditions of approval are proposed.
Analvsis
Under the provisions of the Alcoholic Beverage Outlet (ABO) Ordinance, an amendment to an
existing use permit is required when an alcoholic beverage outlet changes its type of retail liquor
license with the Department of Alcoholic Beverage Control (ABC). In this case, the change is
from a Type 23 (Small Beer Manufacturer) to a Type 75 (On -Sale General Brew -Pub).
The ABO Ordinance requires that the Planning Commission consider the following factors when
approving a use permit:
1. 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.
I 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.
The project site is located within Police Reporting District No. 15 and within Census Tract No.
635.00. The charts below present 1997 data (most current available) related to factors 2, 3 and 4.
Public Convenience or Necessity. Current City Council policy provides criteria for situations
when the public convenience or necessity will not be served. However, this policy is only
applicable to bars, cocktail lounges, cabarets, and nightclubs. Since the proposed project will not gy,
Use Permit 3495A (Newport Beach Brewing Co.) �bJ
August 5, 1999
Page 4
contain any of these uses, there is no policy requiring a finding that the proposed project does not
serve the public convenience or necessity.
Currently, there are 24 on -sale establishments providing full alcoholic beverage service in the
area (see Table 1 below). However, the project is the only brewpub in the City. Therefore, the
convenience of the public can arguably be served by the sale of distilled spirits in a
restaurant/brewpub setting. It can also be argued that are an abundance of establishments
providing full alcoholic beverage service in this area and that the public convenience or necessity
would not be served by the addition of another. Both views must be balanced by the other four
factors to be evaluated by the Planning Commission for this use permit. Based upon all the
information assessed in these factors, the Planning Commission may determine whether this
approval is necessary to serve the public convenience or necessity.
Table 1
Full Alcoholic Bevera a Service Licenses
Subject
Adjacent
Adjacent
ABC License Type
Reporting
Reporting
Reporting
District No. 15
District No. 13
District No. 16
Type 21
4
1
1
Type47
21
6
2
Type 48
3
0
0
TOTAL.
28
7
3
Type 21 = Off -Sale General (grocery stores, convenience markets, etc.)
Type 47 = On -Sale General for Bona Fide Public Eating Place (restaurants).
Type 48 = On -Sale General Public Premises (bars and cocktail loun '-es).
Crime Rate. The crime rate in Reporting District No. 15 currently exceeds the citywide crime rate
by over 258% (see Table 2 below). Reporting Districts No. 13 and No. 16 are adjacent and also
have crime rates that are above the citywide crime rate. The Police Department notes that during
the first six months of 1999, reported offenses citywide for driving under the influence and
drunkenness increased 19 %, when compared to the same period in 1998. Actual arrests for all
offenses citywide only increased 8.8 %.
Table 2
Crime Rates and Arrests
Subject Adjacent
Adjacent
City-Wide
Reporting Reporting
Reporting
District No. 15 District No. 13
District No. 16
Crimes
Part 1:
3,370
354 121
177
Part 2:
3,300
749 132
253
Crime Rate:
4,780.14
12,343.10 5,620.07
6,941.18
Arrests
Total Arrests:
3,562
951 131
270
Alcohol- Related:
1 44.19 %
1 64.67% 40.46%
1 52.96 %
"Pan 1 Crimes" are homicide, forcible rape, robbery, aggravated assault, burglary, larceny- theft, auto theft, and arson.
All other crimes are "Part 2 crimes."
The "Crime Rate" the number of crimes per 100,000 people.
"Alcohol- related arrest" means the offender had been drinking prior to the incident for which they were arrested.
Use Permit 3485A (Newport Beach Brewing Co.)
August 5. 1999
Page 5
e
Under the provisions of Section 23958.4 of the California Business and Professions Code, one of
the conditions that constitutes an "undue concentration" of licenses is crime statistics that exceed
the citywide average by 20 %. The ABC is required to deny the application for the license unless
the Police Department (as authorized by City Council Policy K -7) determines that public
convenience or necessity would be served by its issuance. The Police Department has reviewed
the proposed project and has stated that they have no serious concerns with the current operation.
However, the Police Department also has stated that the project must be considered in light of the
larger issue of the intensification of alcohol and related uses on the Balboa Peninsula, especially
in the Cannery Village area, which has experienced resident complaints regarding alcoholic
beverage outlets. The Police Department believes that this demonstrates the disproportionate
impact alcohol related offenses continues to have on their workload and on the quality of life in
the community. Therefore, the Police Department cannot endorse the proposed intensification of
the ABC license and land use.
Over Concentration. Census Tract 635.00 currently has a ratio of alcoholic beverage licenses to
population that is above the average ratio of Orange County (see Table 3 below). Census Tract
628.00 is adjacent and also has a ratio of alcoholic beverage licenses to population that is above the
average ratio of Orange County.
The ratio of alcoholic beverage licenses to population also constitutes an "undue concentration" of
licenses under the provisions of Section 23958.4 of the California Business and Professions Code.
Therefore, the ABC is required deny the application for the license unless it is determined that
public convenience or necessity would be served by its issuance. The Police Department is
especially concerned about the concentration of ABC licenses on the Balboa Peninsula. Therefore,
the Police Department is recommending that the proposed project be reviewed against the greater
issue of intensifying alcohol usage on the peninsula.
Table 3
Ratio of ABC Licenses to Population
Projected
Census Tract
Census Tract
Based on
No. 635.00
No. 628.00
Orange County
average
1990 Population:
6,182
4.959
ABC Licenses:
On -sale licenses
46
19
7
(I per 134 persons)
(I per 261 persons)
( I per 893 persons)
Off -sale licenses
9
6
4
(I per 686 persons)
(1 per 826 persons)
(1 per 1,533 persons)
Alcohol - Related Arrests. Alcohol related arrests means the offender had been drinking prior to the
incident for which they were arrested. There were 951 arrests in Reporting District No. 15 during
1997 as compared to the 3,562 arrests citywide. Of the arrests made in Reporting District No. 15,
65% were alcohol- related, while 44% of the arrests citywide were alcohol- related. Reporting
Use Permit 3485A (Newport Beach Brewing Co.)
August 5. 1999
Pao 6
,b C5
1`
District No. 13 and No. 16 are adjacent. Reporting District No. 13 had alcohol- related arrests
percentages that were slightly below the citywide percentages (41 %) and Reporting District No 16
had alcohol- related arrests percentages that were above the citywide percentages (53 %).
At public hearings for other projects in the Cannery Village area, residents and business
operators have reported a pattern of public nuisance behavior. Generally, this behavior is
conducted by patrons of area restaurants and bars as they arrive, depart, or travel between
establishments. The ABO Ordinance requires that the applicant take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks, alleys and other areas during business hours. However, in this area, with a high number
of alcoholic beverage outlets, it is difficult to determine which establishment is responsible for
public nuisance behavior in public areas.
Adiacent Uses. There are no day care centers, park and recreation facilities, places of religious
assembly, or schools in the immediate vicinity of the project site. However, the project is located
in a mixed commercial- residential zoning district and there are residential dwelling units on 30`'
Street, directly across from the project site. Therefore, there is always the potential for impacts to
the residents associated with patrons arriving and departing from the project site. However, the
Police Department has stated that they are not aware of disturbances originating from the project
site.
Recommendation
Section 20.91.035 of the Municipal Code provides that in order to grant 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.
The facts in this case support a finding that the proposed use would be detrimental to the area
because the public convenience or necessity would not be served by the proposed change in
Alcoholic Beverage Control license type to allow full alcoholic beverage service. The number of
alcohol- related arrests and the over - concentration of alcoholic beverage outlets in the area would
also support this finding. The findings for denial are provided as Exhibit "A."
The Planning Commission could find that the issues normally associated with eating and
drinking establishments have been addressed by the current conditions of approval, and the
introduction of full alcoholic beverage service is not expected to change this situation nor be
detrimental to the surrounding land uses. If the Planning Commission takes this action, the
Police Department is recommending a new condition advising the applicant that a special event
permit is required for events or promotional activities outside the normal operational characteristics
of establishment. Also, staff has updated the original conditions of approval to remove
conditions that are no longer applicable (i.e., those relating to the building's construction) and to
add standard City requirements. The findings for approval and recommended conditions are
provided as Exhibit "B."
Use Permit 3485A (NewpoR Beach Brewing Co.)
August 5, 1999
Page 7 V �V
Submitted by:
PATRICIA L. TEMPLE
Planning Director
t' C:&6. 61 'lt Imo_
Attachments:
Prepared by:
PATRICK J. ALFORD
Senior Planner
I. Exhibit "A" (findings for denial)
2. Exhibit "B" (findings and conditions for approval)
3. Applicant's project description and justification.
4. Census Tracts Map.
5. Reporting Districts Map.
6. Site plan and floor plan.
Use Permit 3485A (Newport Beach Brewing Co.)
August 5. 1999
Page 8 I ��
ExHIBIT'W'
FINDINGS AND CONDITIONS FOR DENIAL
FOR
USE PERMIT NO. 3485 (AMENDED)
FINDINGS:
1. The proposed project is located in Police Reporting District No. 15, which
has a crime rate that exceeds the citywide crime rate by over 258 %. This
constitutes an "undue concentration" of licenses under the provisions of
Section 23958.4 of the California Business and Professions Code.
2. The proposed project is located in Census Tract 635.00, which has a ratio of
alcoholic beverage licenses to population that is above the average ratio of
Orange County. This constitutes an "undue concentration' of licenses under
the provisions of Section 23958.4 of the California Business and Professions
Code.
3. The public convenience or necessity would not be served by the granting
of the amendment to Use Permit No. 3485 to allow a change in Alcoholic
Beverage Control license type to full alcoholic beverage service because
of the undue concentration of licenses in the area.
4. Due to the undue concentration of alcoholic beverage outlets and their
impact on the Cannery Village area, and because the public convenience
or necessity would not be served, the proposed project would be
detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or working in the neighborhood of such
proposed use and would be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
i
EXHIBIT `B"
FINDINGS AND CONDITIONS FOR APPROVAL
FOR
USE PERMIT NO. 3485 (AMENDED)
FINDINGS:
1. The Land Use Element of the General Plan designates the site for 'Retail and
Service Commercial" uses and a restaurant/brewpub is considered a permitted
use within this designation.
2. The project is located within the Cannery Village/McFadden Square Specific
Plan (SP -6) - Specialty Retail (SR) District that permits eating and drinking
establishments with a use permit.
3. On -sale alcoholic beverage outlets are permitted with the approval of a use
permit.
4. 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).
5. The approval of the amendment to Use Permit No. 3485 to allow a full on -sale
alcoholic beverage service will 'not, under the circumstances of the case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general welfare of the
City, for the following reasons:
• The restaurant /brewpub use is compatible with
the surrounding commercial. and . nearby
residential uses since eating and drinking
establishments are typically allowed in mixed
commercial districts.
• Conditions have been added to address potential
problems associated with traffic, parking, trash
disposal, odors, and unsightly conditions.
• A Condition has been added to require a special
events permit for any event or promotional
activity outside the normal operational
characteristics of this restaurant business.
ii °�
b. The proposed project is consistent with the purpose and intent of Chapter 20.89 of
the Zoning Code (Alcoholic Beverage Outlets) for the following reasons:
■ The convenience of the public will be served by the sale of distilled
beverages in a restaurant/brewpub setting.
The project is in an area where the crime rate exceeds the citywide
average by more than 20 %, However, there is no evidence that this
high crime rate is attributable to the proposed project.
The number of alcohol licenses per capita in the reporting district and
adjacent reporting districts is above the average for Orange County.
However, the project has the only alcohol license for a brewpub, and
the convenience of the public can be served by the sale of distilled
spirits in a restaurant/brewpub setting.
■ The percentage of alcohol - related arrests in the reporting district in
which the project is proposed and in the adjacent reporting district is
higher than the percentage of alcohol - related arrests citywide.
However, there is no evidence that the alcohol- related arrests are
attributable to the project.
No day care centers, places of religious assembly, park and
recreation facilities, or schools are located in the vicinity of the
project site. Residential uses are located in the vicinity of the
project site. However, the project has been conditioned so as to
address any potential impacts.
1. The proposed development shall be in substantial conformance with the approved site
plan, floor plan and elevations, except as noted below.
2. That a covenant or other suitable, legally binding agreement shall be recorded against
the off -site parking lot assuring that all of the requirements of Section 20.63.080 (I) of
the Municipal Code, will be met by the current and future property owners. Said
covenant or agreement may include provisions for its future termination at such time
as the development on the building site is removed or at such time as the floor area
devoted to the restaurant/brewpub reverts back to a base FAR use.
3. The applicant shall provide a minimum of one parking space for each 50 square feet
of net public area before 5:00 p.m. and one parking space for each 40 square feet of
net public area after 5:00 p.m. in conjunction with the restaurant/brewpub.
4. An amended off -site parking agreement shall be approved by the City Council,
guaranteeing that a minimum of 41 parking spaces shall be provided on property
� lfl
located on Lots 18 -21 and portions of Lots 17 and 22, Block 230, Lancaster's
Addition, for the duration of the existing and proposed uses located on Parcel 1,
Parcel Map 9240 (Resubdivision No. 527).
5. The property owner shall pay for 29 in -lieu parking spaces in the Cannery Village
Municipal Parking Lot on an annual basis for the nighttime operation (after 5:00
p.m.) of the restaurant /brewpub use as agreed upon by the Sales Agreement between
the City of Newport Beach and the property owner.
6. The net public area of the restaurant/brewpub, which is devoted to daytime use
Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 square feet. The
balance of the net public area shall be physically closed off to the public by a fixed
barrier and shall not be used until after 5:00 p.m. daily.
7. The hours of operation for the restaurant/brewpub shall be limited to the hours
between 6:00 a.m. and 11:00 p.m. Sunday through Thursday and between 6:00 a.m.
and 2:00 a.m. on Friday and Saturday.
8. All employees shall park either in the privately owned off -site parking area or in one
of the municipal parking lots in the area.
9. The operation of the brewery and the service of alcoholic beverages shall be ancillary
to the primary food service operation of the restaurant.
10. The approval of this use permit is for a restaurant/brewpub and shall not be construed
as the approval of a bar, cocktail lounge, or other use serving alcoholic beverages
during hours not corresponding to regular meal service hours (food products sold or
served incidentally to the sale or service of alcoholic beverages shall not be deemed
as constituting regular meal service) nor as the approval of a cabaret, nightclub, or
other use with the principal purpose of providing live entertainment and/or dancing.
11. No outdoor loudspeakers or paging system shall be permitted in conjunction with the
proposed location.
12. A washout area for refuse containers shall be provided in such a way as to allow
direct drainage into the sewer system and not into the Bay or storm drains, unless
otherwise approved by the Building Department.
13. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction
of the Building Department.
14. All mechanical equipment and trash areas shall be screened from surrounding public
streets and alleys and adjoining properties.
15. The development standards regarding walls surrounding the restaurant site and
underground utilities shall be waived.
iv `T
16. Should prerecorded music be played within the restaurant facility, such music shall be
confined to the interior of the building, and all doors and windows shall be kept
closed while such music is played.
17. 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.
18. 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 company.
STANDARD CITY REQUIREMENTS:
A. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
B. Signs and displays shall not obstruct the sales counter, cash register, seller and
customer from view from the exterior.
C. Loitering, open container, and other signs specified by the Alcoholic Beverage Control
Act shall be posted as required by the ABC.
D. The applicant shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas
surrounding the alcoholic beverage outlet and adjacent properties must be taken
during business hours if directly related to the patrons of the subject alcoholic
beverage outlet.
E. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti
at all times. The owner or operator shall provide for daily removal of trash, litter debris
and graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
F. All owners, managers and employees serving and/or selling alcoholic beverages shall
undergo and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages. To qualify to meet the
requirements of this section a 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.
v
G. The project will comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
H. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
I. This use permit for an alcoholic beverage outlet granted in accordance with the terms of
this chapter shall expire within 12 months from the date of approval unless a license has
been issued or transferred by the California State Department of Alcoholic Beverage
Control prior to the expiration date.
J. Coastal Commission approval shall be obtained prior to issuance of any building
permits.
K. The Planning Commission may add to or modify conditions of approval to this
variance upon a determination that this variance causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
tt
vi
'!J
r
PART IV: (Continued)
B. Project Description and Justification
When the Newport Beach Brewing Company (NBBC) opened four years ago it was one
of the first "breweries" in Orange County and, if for no other reason, did well due to the
uniqueness of being a restaurant/bar that brews its own premium beer on -site. We at the
NBBC are proud of the quality track record we have established for quality food, friendly
service, as well as, our award winning beers. However, now there are approximately
sixteen breweries in the county and therefore, over the past couple of years the
uniqueness /trend of the "brewery" concept has faded. In an effort to remain competitive
NBBC management has consistently made adjustments and improvements to its
operation to attract a broadened customer base. We have from day one attempted to be
more of a restaurant than a "bar ". We look to continue that trend by offering an even
more upscale menu to complement items like the New York Sirloin, Seared AM Salad
and the Cioppino that we currently serve.
As we have begun to upgrade our menu we have noticed we receive a lot more requests
for cocktails and after dinner drinks (e.g. martini, Irish coffee etc.). Therefore, we now
feel it is necessary to apply for an ABC No. 75 alcohol license, in order to satisfactorily
serve our broadened customer base. We want to be able to offer a greater variety of
beverage choices for all our customers at both lunch and dinner. It may be worth noting
that when the brew /pubs concept first came about in California, there was a state law that
prohibited brew /pubs from serving alcoholic beverages other than beer and wine. Since
that time, it has become apparent that there is no need for such a restriction to be placed
on brew /pubs and therefore, the state has repealed that law.
We want to be perfectly clear that we are not looking to implement any drastic changes
to our existing format. We are not and do not have any desires to become a nightclub,
dance club or the like. That is not who or what the NBBC is or will ever be. We at the
NBBC plan to build upon our existing clientele base, which includes a diverse mix of
both younger professionals and older patrons of which most are locals. During the
summer of course we also attract many of the peninsula's visitors. The NBBC is a local
eatery that is simply attempting to cater to the desires of a broader base of clientele, by
upgrading our menu. We feel confident that the additional alcohol beverage service will
help compliment our expanded menu and keep the NBBC competitive. As a result the
Newport Beach Brewing Company will continue to be one of the most fun and friendly
places on the peninsula for residents and visitors alike to eat, drink and socialize.
M
City of Newport Beach
Planning Commission Minutes
August 5, 1999 INDEX
OBJECT: Newport Beach Brewing Company Item No. 1
2920 Newport Boulevard Use Permit No. 3485 A
• Use Permit No. 3485 (Amended)
An amendment to on, existing use permit to allow a change in Alcoholic Denied
Beverage Control license type to allow full alcoholic beverage service.
Senior Planner Patrick Alford noted the following:
• The application is for a change from a Type 23, Small Beer
Manufacturer to a Type 75, On Sale General Brewpub. Under the
provisions of the Alcoholic Beverage Outlet Ordinance, it requires an
amendment to the existing use permit.
• The Planning Commission must consider these factors: use serves
public convenience or necessity; the crime rate in the reporting
district; the number of alcoholic licenses per capita within the
reporting district; the number of alcohol related calls for service,
crimes and arrests within the reporting district and the proximity of the
alcohol beverage outlet to residential districts, day care centers, park
and recreation facilities; basic religious assemblies and schools.
• The issue of public convenience or necessity - there are currently 24
on -sale establishments providing full alcohol service in the area.
However, the project is the only brewpub in the City.
• The issue of crime rate in the reporting district - significantly exceeds
the citywide average. Under state law, this constitutes an undue
concentration of licenses and the Alcohol Beverage Commission is
required to deny the application unless the City determines that the
public convenience or necessity is served by the issuance of the
license. The Police Department has reviewed the project and
recommends that the Planning Commission review the application in
light of the larger issue of the intensification of alcohol and related
uses on the Balboa Peninsula, especially in the Cannery Village area.
• The issue of over - concentration - the number of alcoholic beverage
licenses per capita in the Census Tract 635.00 exceeds that of the
County. This also constitutes undue concentration under state law.
The ABC is required to deny the application unless the City determines
that the public convenience or necessity is served by the issuance.
• The issue of alcohol related arrests - in the Police Reporting District No.
15, 65% of the arrests in the area are alcohol related which compares
to 44% of such arrests citywide.
• The issue of adjacent uses - it is a mixed commercial residential zoning
district and there are residential units across 30th Street. There is always
the potential of impacts to residents.
Concluding, Mr. Alford noted that the facts support the finding that the use
would be detrimental to the area because the public convenience or
necessity would not be served by the proposed ABC license change. Also,
�j1
City of Newport Beach
Planning Commission Minutes
August 5, 1999
due to the large number of alcohol related arrests in the area and to the
over- concentration of alcohol beverage outlets in the area, this use would be
detrimental to the area. However, the Planning Commission could also find
that the issues have been adequately addressed by the current conditions of
approval and the change in license type may not necessarily effect that
operation. The public convenience or necessity could be served by the sale
of distilled spirits in a restaurant brewpub setting.
Commissioner Fuller noted that it is stated in the staff report that the Police
Department has reviewed the proposed project and has no serious concerns
with the current operation. Does that mean the existing operation with the
existing liquor license or the proposed operation? Referencing Page 5, Table
1 he also asked what the units of comparison were per capita.
Mr. Alford answered that it deals with the past operation and with what
occurred in the past. The way the Alcohol Beverage Ordinance is set up, the
concentration issue is addressed by way of a Census Tract. The information is
not necessarily at a Reporting District level
Assistant City Manager, Sharon Wood added that the population ratio is
shown on Table 3, Page 6, that is by Census Tract which is a different
geographic area.
Mr. Alford added that the area is a mixed use, the population is relatively low
compared to other areas on the peninsula, so that the number of licenses in
that area to the ratio of population is fairly high. He further added that District
No. 13 has more residential, there is very little if any, commercial. In District
No. 16, it is predominately residential with some commercial.
Commissioner Kranzley clarified with staff that Census Tract No. 635 added to
Census Tract No. 628 would represent the entire population of the peninsula.
Chairperson Selich asked the percentages of restaurant versus brewery pub?
He was told that there are 3,244 square feet on the first floor, and the brewery
occupies approximately 1,500 square feet of that. He then asked what the
original intent of how the operation was going to be run.
Planning Director Patricia Temple answered that the intent of the operation
as originally presented was to be a restaurant with a brewpub, where they
actually did on -site brewing of custom beers. It was predominately to be
used as a restaurant, certainly alcohol was a feature of the operation as that
was their niche in the market. It has been run primarily as a restaurant.
Commissioner Kranzley noted that taking the entire population on the
peninsula by adding Census Tracts 635 and 628, the population is 11,141 with
65 on sale licenses which is still 1 per 171 persons on the peninsula.
INDEX
City of Newport Beach
Planning Commission Minutes
August 5, 1999
Mrs. Wood noted that the state law mandates that comparisons should be
made to the average of the County, which for on sale licenses is 1 per 893
persons and we are at 1 per 171 persons which represents a significant
difference.
Ms. Clauson noted that the operation was also conditioned in the original use
permit that require the service of alcohol as ancillary to the restaurant
business and that there is no approval for any type of bar or nightclub.
Chairperson Selich asked if other businesses such as this in other communities
typically have hard liquor service? Staff answered that one approved in
Manhattan Beach similar to this project was recently approved with full
alcoholic beverage service.
Commissioner Tucker added that one across from the UCI in the Irvine Market
Place has a full liquor license.
Public comment was opened.
Sean Niedelman, operations manager of the Newport Beach Brewing
Company noted:
• This is an established restaurant that also brews its own beer, catering to
all types of customers.
• The restaurant has been looking for ways to improve service and
acquiring this liquor license is one of those ways.
• The current menu offers variety of foods resulting in food sales of 65% of
total sales.
• The restaurant is losing customers due to lack of cocktail service.
• We want to compliment the enhanced menu and capture a more
diverse clientele by acquiring.this license.
At Commission inquiry, Mr. Niedelman answered that they are applying for a
new license.
Captain Tim Newman of the Police Department commented that it is the
Police Department's position that there already is a significant impact in this
general area of the peninsula due to alcohol consumption. The Police
Department is not comfortable advocating a change one way or another
and felt that would be something most appropriately handled by this policy
making level of government. The Police Department wanted the Planning
Commission to address that specific issue. All the statistics used by staff came
from the police records and indicates that the police do have a problem and
it does effect our level and volume of DUI's and alcohol related offenses that
occur in this area. In answer to Commission inquiry, he added that it is difficult
to predict if a change in the license from beer to hard liquor would make a
INDEX
� i�
City of Newport Beach
Planning Commission Minutes
August 5, 1999
difference. It depends on the operator. The City has bars with a wide variety
of conditions and restrictions on their ability to conduct business and some
the Police Department has chronic and current problems with and others
never have problems. The Police Department doesn't have problem that end
up being detrimental to the community, with an operator whose staff is well
trained and who runs a good operation. In this particular case we are
dealing with a land planning issue and since this will be with the property,
regardless of who the operator is, the Police Department is not in a position to
say what this operation will be like in the future. Since the first of the year, the
police have arrested 941 individuals for either DUI or who were drunk in
public. Of that number, 375 of those individuals were in this Reporting District
No. 15. This district is the area between 20th Street to 32nd Street, between the
ocean and the Rhine Wharf/Lido Peninsula area inclusive. It has always been
a very active area of the City. In response to where they have been drinking,
the 681 who responded only 5 of them said they had been consuming
alcohol at this establishment. Stepping up from a beer license only, to a full
alcoholic beverage service can step up the number of incidents, but it
depends on the operator and how he handles his staff.
Commissioner Kranzley asked about the number of responses (681) where
were they drinking and how many of those bars were on the peninsula? He
was answered that the greatest response had to do with people who were
drinking at a private party, 193 were drinking at locations outside the City, 32
said they were drinking at home. Continuing, Commissioner Kranzley noted
the following:
40% of the DUI's and drunk in public has to do with alcohol on the
peninsula.
A year ago, we added a policeman that basically covered Cannery
Village. Is that 40% consistent with prior years? Is the 375 up because we
have greater enforeament in the area?
Captain Newman answered that over the last several years, the crime rate
has continued to diminish. As a result of that, the officers have more time to
do other things. Resulting from that efficiency, the officers can be and are
more proactive to deal with problems. The additional efforts put into
Cannery Village last year involved a police presence on 3 -4 nights on a
weekend. In Reporting District 15, 488 said they were drinking in town and 300
of those were drinking in this area.
Commissioner Kranzley asked if the officer being in the Cannery Village area
helped? He was answered that it helped by providing crime deterrence with
a police presence. The private security guards are no longer being funded.
Chairperson Selich asked if the police department view this business primarily
as a restaurant, to which he was answered, yes.
INDEX
eC '
City of Newport Beach
Planning Commission Minutes
August 5, 1999
Commissioner Tucker noted that there seems to be so many licenses in this
district that if you converted one from beer and wine to full alcohol, you are
not making available a produce that is not already available in the district.
Does it really make a difference?
Captain Newman stated that is a decision that the Planning Commission is
going to have to make. In this particular case, the police have not had a
problem with this operator under the current conditions.
Buzz Person, 507 2911, Street noted that he has been an advocate for this
establishment and is a current customer. This proposed application is a land
use issue and has nothing to do with the operator. The City Council has
indicated in recent actions taken that there is a problem in this particular
area. The switch from beer and wine to hard alcohol is an intensification of
use. While this operator is a good operator, I would be concerned with what
might come down later on. Two years ago in the Village, there were a lot of
problems. Since then, things have gotten much better. Part of that is due to
action taken by the City Council and the Police Department. What the
residents don't want is to have an unbearable living environment. Things are
much better today.
Chairperson Selich asked about the approval for Aubergine's conversion from
beer and wine to full service alcohol and the difference between that and
this project.
Ms. Temple noted that the Aubergine restaurant has more limited hours of
operation and is a much smaller establishment. There is no area within the
restaurant set aside exclusively for the consumption of alcohol. The Newport
Brewing Company, while primarily a restaurant, has an area where alcohol is
consumed more.exclusively.
Mike Madlock, 113 310 Street, Vice President of Newport Beach Brewing
Company noted the following:
• Most of the new brewpubs are opening up with full liquor license, which is
something that we could not do when we opened up 4 and %x years ago.
• As a local resident, I want to keep peace in the neighborhood. One of
the problems that existed in the past is being taken care of with the
closing of Snug Harbor and the Cannery Restaurant.
• We have no pool tables and no entertainment.
• This is a clean operation and concluded by encouraging the Planning
Commission to approve this application.
Commissioner Fuller clarified with staff that wine was allowed under the
existing license.
INDEX
a`
City of Newport Beach
Planning Commission Minutes
August 5, 1999
Keith Vohr, 415 Town Square Lane, Huntington Beach noted the following as
a share holder of the Newport Beach Brewing Company:
• Agrees with concerns mentioned in previous testimony.
• The issue of undue concentration is moot. We are not adding a new
license in the area, rather, we are asking to modify an existing license.
• We are a small subset of District 15.
• The issue of crime with 5 arrests out of 680 is approximately 0.7 %. We are a
good operation as shown by the numbers.
• The idea of adding alcohol service is to stay competitive and improve the
restaurant.
• The convenience is for those in the neighborhood.
• We have had no protests from the mailings.
• The hours are from 11 a.m, to 1 a.m. on the weekends and 11 a.m. to 11
p.m, during the week.
• All of the staff is ABC trained.
• We are in compliance with zoning regulations as we exist now.
• There will be no special events or promotions at the restaurant.
Roz Salomony, 2600 Newport Boulevard, President of the Newport Beach
Brewing Company noted the following:
• The people who spoke before me operate the brewery.
• We have been successful from the time the pub was opened.
• As we grew into a restaurant, we find that our guests are seeking other
flavors with their dinner.
• We are asking for the alcohol to compliment these new requests.
• 1 live in the area of the brewery and will do everything possible to
maintain harmony.
At Commission inquiry, Mr, Alford noted that the current condition of closing
hours is until 2:00 a.m, Friday and Saturday, which was approved -in 1993 by
the City Council. However, the ABC license does restrict them to 1:00 a.m.
closing on Friday and Saturday.
Public comment was closed.
Commissioner Kranzley noted that the Peninsula and specifically the Cannery
Village have been an issue for a number of years. Citizens, Police
Department and restaurants have spent a lot of time on trying to fix the
problems in Cannery Village. As the Chairman of the Commission when it
passed Bill Hamilton's Cannery Restaurant live entertainment and dancing, I
voted in favor of that after offering a condition that required the addition of a
policeman to walk that beat and that would be funded by the applicant.
The Planning Commission decision was overturned by the City Council. That
sent a message to me, as well as the Alcohol Beverage Ordinance that was
passed, that the City Council was serious about fixing the issues on the
INDEX
1�L
City of Newport Beach
Planning Commission Minutes
August 5, 1999
peninsula that account for 40% of the arrests for DUI and drunk in public for
the entire City. The concentration on the peninsula will not be increased but
it would be intensifying a license because of the over concentration of
alcohol serving establishments on the peninsula. The ABC has made it clear
that they have to deny the application for the license unless it is determined
that the public convenience or necessity would be served by this issuance.
We have a number of establishments that serve liquor on the peninsula, and I
don't believe we can find that the public convenience or necessity would be
served by this upgraded license. The operator is a good operator, but this use
and what we do tonight will run with the land. The next operator may not be
as conscientious as this operator. I am not in favor of this application.
Commissioner Fuller stated he was not in favor of this application due to the
statistics presented specifically:
• the 24 on -sale full alcohol service licenses in this area,
• the crime rate that exceeds the City crime rate by 258 %,
• the alcohol licenses per capita at 1 per 134 persons, whereas the County
is I per 893 persons,
• the alcohol related calls for service is 657o in this District and 44% city -wide
• concern for the residential standard of living
Continuing, he noted that he was around during the Cannery Restaurant
discussion and it was very apparent that the residents in this area were most
concerned with these alcohol - related problems. It would intensify problems
that may exist if this application was approved. I like the concept of the
brewing company and that is the use that was approved.
Commissioner Tucker stated that Newport Beach is a visitor serving
community and always has been. Comparisons to what the alcoholic
beverage license is in other communities are not germane to our community.
Switching the license will not make much difference; there are plenty of
places for hard liquor. The addition of another location would not create
more opportunities to drink when there are plenty of opportunities virtually
next door. I believe it would serve the public convenience or necessity and
therefore I support this license conversion.
Chairperson Selich noted that if this is primarily a restaurant and we give the
full alcohol service to other restaurants, it seems somewhat discriminatory to
me to single this use out and say we are not going to give them a full service
alcohol permit. Again, thinking back to Aubergine realizing that there is a
difference in scale, etc. the permit runs with the land. Another operator
could come in and intensify that use. If we had a policy that we were going
to hold the number of licenses fast within the area and people could trade
the licenses around; I might feel more comfortable.
Discussion on Aubergine by staff noted that if the bar or any area exclusively
INDEX
City of Newport Beach
Planning Commission Minutes
August 5,199?
would need a new use permit. Right now, there is only about 15 square feet.
Commissioner Kranzley stated that comparing these two facilities is not a fair
comparison, especially if there was intensification at Aubergine's it would
come before the Planning Commission and I would not be in favor of it.
Commissioner Tucker noted that at what point do you stop being a restaurant
and start trending towards a bar. Is it proper to zero in on percentage of
alcohol sales and how do you enforce that?
Ms. Clauson answered that it is in the Code as far as a definition of a bar and
how it operates. There are already conditions on the use permit that specifies
the primary use has to be as defined in the Code and is with the service of
alcohol as ancillary. We have an enforcement mechanism, the percentages
of food service to alcohol service as one of the factors considered in the
enforcement method. They have to report this information as part of the ABC
license requirement.
Commissioner Kranzley stated that there is also a land use issue in this area.
There is a concentration of alcohol and liquor licenses, and it has caused
problems and is currently causing problems. We are going to be losing a
license there and maybe a second. This over - concentration has caused a
burden on the residents as well as the Police Department. I don't get a sense
that there is an economic issue and I don't think this is the time for us to be
considering changing any liquor licenses.
Chairperson Selich noted that the Council has spoken on the issue of alcohol
service in the area and the intensification of license. I would like some kind of
policy that would restrict the number of license and allow transference of the
licenses within the area. I will support the staff recommendation.
Motfon Hfas made by Commissioner K.ronzley to deny the amendment of Use
Permit No. 3485 A subject to the findings contained in Exhibit A.
Ayes:
Fuller, Selich, Kranzley
Noes:
Tucker
Absent:
Ashley, Gifford, Hoglund
Abstain:
None
FINDINGS:
Exhibit "A"
FINDINGS FOR DENIAL
FOR
USE PERMIT No. 3485 (AMENDED)
The proposed project is located in Police Reporting District No.
INDEX
12•
City of Newport Beach
Planning Commission Minutes
August 5, 1999
The proposed project is located in Police Reporting District No.
15, which has a crime rate that exceeds the citywide crime
rate by over 258 %. This constitutes an "undue concentration"
of licenses under the provisions of Section 23958.4 of the
California Business and Professions Code.
2. The proposed project is located in Census Tract 635.00, which
has a ratio of alcoholic beverage licenses to population that is
above the average ratio of Orange County. This constitutes
an "undue concentration" of licenses under the provisions of
Section 23958.4 of the California Business and Professions
Code.
3. The public convenience or necessity would not be served by
the granting of the amendment to Use Permit No. 3485 to
allow a change in Alcoholic Beverage Control license type to
full alcoholic beverage service because of the undue
concentration of licenses in the area.
4. Due to the undue concentration of alcoholic beverage outlets
and their impact on the Cannery Village area, and because
the public convenience or necessity would not be served, the
proposed project would be detrimental to the health, safety,
peace, morals, comfort, and general welfare of persons
residing or working in the neighborhood of such proposed use
and would be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of
the City.
INDEX
Mock Residence Retaining Wall
Item No. 2
1821 BoyadereTerrace
Modification Permit
No. 4903
• Modification Permit No. 4903
Negative Declaration
�/ Cceptanceof a Negative Declaration
Request to permit the construction 20 foot high rear yard retaining wall Approved
which exceeds the permitted 6 foot heig it in the side and rear setback
areas. The proposed retaining wall is intended bilize an unsafe slope and
reclaim a portion of rear yard lost due to erosion. The ining wall will reclaim
approximately 21 feet of rear yard surface area pre ' sly slope. In
accordance with Section 20.33 of the Newport Beach Municip ode the
approval of a modification permit is required for the height and location he
proposed retaining wall.
10 Nay
Cl
CITY OF NEWPORT BEACH http: / /www. city. newport- beach. ca. u... cil Agendas /Archivel999/Mn09- 13.htm
everyone who agrees with him to write their Council Member.
PUBLIC HEARINGS
16. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 6 (THE I C -2920
IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN
SPACE AGREEMENT [CIOSAI) (contd. from 7/12/99 & 8/9/99). Development
Mr O'Neil opened the public hearing. Agreement No. 6
There ng no testimony, Mayor O'Neil closed the public CIOSA
hearing. (48)
Council Member Glov,
staff followed through
fences will be erected.
The motion carried
Absent: None
to determine compliance of
ed that she is pleased to see that
her suggestions and that proper
by the
Ayes: Adams, Glove?;
Ridgeway, Noyes, Mayor
Noes: None
Abstain: None
roll call vote:
Thomson, Debay,
17. APPEAL BY THE NEWPORT BEACH BREWING COMPANY OF
THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO
USE PERMIT NO. 3485 TO ALLOW A CHANGE IN ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE TYPE TO ALLOW FULL
ALCOHOLIC BEVERAGE SERVICE.
Mayor O'Neil opened the public hearing.
Keith Bohr, appellant, 415 Townsquare Lane, No. 219,
Huntington Beach, stated that he is an investor in the Newport
Beach Brewing Company and a consultant on the appeal. He
requested that their use permit be amended to allow full alcohol
service so that the Brewing Company can remain competitive
with the other restaurants in the area. Referencing Exhibit A
(Findings and Conditions for Denial), he reported that they
represented only .07 percent of the crimes in Reporting District
15 (Finding 1); that they are not trying to add a license, but are
just wanting to modify their existing license (Finding 2); that
they have the support of the residents within
100 feet of the restaurant, generate tax revenue, provide 45 jobs,
and is the only brewery in the City (Finding 3); and that they
disagree with Finding 4 because of their track record over the
past 4.5 years and because they would not contribute to any of
the detriments mentioned. Mr. Bohr respectfully requested that
Use Pe
Newpo
Brewin
(88)
JAb
18 of 30 01/21/2000 3:52 PM
CITY OF NEWPORT BEACH http: //www.city.newport- beach. ca. u... cilAgendas /Archivel999/Mn09- 13.hhn
Council approve the Conditions for Approval (Exhibit B). He
emphasized that the Brewing Company is a permitted use and
that approving this will not be detrimental to the City.
In response to Council Member Ridgeway's questions, Senior
Planner Alford confirmed that the use permit is specifically for a
restauranttbrewpub; that, if the Brewing Company fails, the
new operator is obligated to run a restaurantlbrewpub under
the terms and conditions of the conditional use permit; and that
the Newport Beach Brewing Company is the only brewpub in
the City.
Shawn Needelman, 46 Agostino, Irvine, Newport Beach Brewing
Company Operations Manager, stated that he has been with the
Brewing Company since it opened in April 1985. He emphasized
that they are not a bar that serves food, but a restaurant that
also brews its own beer; they do not have the lines that they used
to; they do not have late night parties; they do not have a DJ,
band, or any other form of live entertainment; and they do not
have a small menu. However, he believed they have evolved into
an established restaurant that caters to 20 year olds to seniors,
couples and families. Mr. Needelman indicated that the Brewing
Company is looking for something to improve itself and believed
that acquiring the license does that. He reported that the menu
is continually upgraded, that food sales have continued to make
up a larger percentage of the gross sales, and that it makes up
nearly 64 percent for this year's sales. He stated that the sales
have leveled, are lower than they were last year, and they lose
customers because they cannot provide what one or all the
guests would like.
Mr. Needelman believed that having the license will also benefit
their regular customers because it will provide them with a
choice. He clarified that they want to complement their
enhanced food, wine, and special menu, and capture a more
diverse clientele by acquiring this license.
Council Member Glover indicated that she saw a statement that
generally states that the Brewing Company will close if this does
not occur.
Mr. Needelman stated that they will not close tomorrow if they
do not get the license; however, he reiterated that their sales are
down and that they believe it could be attributed to them not
being able to sell hard alcohol or spirits.
Council Member Glover emphasized that only 4 Planning
Commissioners were present at the meeting. Mr. Needelman
believed that the Planning Commission probably denied their
request because of the high concentration in Reporting District
15 and because they were not sure that adding this license would
be beneficial to the Brewing Company or help the community in
any way. He expressed the opinion that the license would allow
the Brewing Company to improve the menu and reiterated that
alcohol is needed to be competitive with other restaurants.
Council Member Debay expressed concern with the
concentration of bars in that area and that young people tend to
jump from bar to bar during the summertime. This causes them
Ia1
19 of 30 01/21/2000 3:52 PM
CITY OF NEWPORT BEACH http: / /www.city,newport- beach. ca. u... cilAgendas/Archivel999/Mn09- 13.htm
to walk in the streets late at night and disturb residents. She
stated that she is concerned that the Brewing Company will be
more of a target for the bar hoppers if they are a full service bar.
Mr. Needelman reported that they card everyone that walks in
the door, they have never had problems with under -aged
drinking or arrests, the amount of drunk driving incidents
involving the Brewing Company is very minimal, the employees
attend alcohol class, and managers are on the floor at all times.
He believed it would be a benefit if patrons stayed at their
restaurant rather than jump from bar to bar.
Charles Huffine 3085 Yukon Avenue, Costa Mesa, expressed
support of the Brewing Company's request and stated that he
and his wife have been frequenting the Brewing Company for
the last year. He indicated that they initially were not sure if the
Brewing Company was a place they wanted to go to; however,
the clientele has drastically changed to become a very
comfortable place for a weekly visit. He believed that the
patrons now range in age from the high -20's to the 60's and that
they bring in a larger number of families. Mr. Huffine
encouraged Council to consider the Brewing Company's request
to have a full service liquor license because it will give them an
opportunity to continue to be a successful business. He noted
that the Brewing Company draws a lot of people from out of
state and from the local community, and hoped that they could
become a landmark restaurant.
David Haithcock, 500 Newport Center Drive, stated that he
works for a national bank trade association and that he
entertains clients as part of his job. He expressed that he likes
the Brewing Company because it has turned into a landmark for
the City. He reported that he takes his clients to the Brewing
Company for lunch or dinner, but that it is unfortunate that
they have to leave after their meal because they want an
after - dinner cocktail. He expressed his support of the Brewing
Company's request so that they can continue to prosper.
Pua Huffine, 3085 Yukon Avenue, Costa Mesa, stated that she
and her husband have been regular patrons of the Brewing
Company for about a year. She indicated that she not only has
gotten to know the employees, but has gotten to know people
who also regard the Brewing Company as a home away from
home. She stated that they not only find the establishment a
great place to unwind, but a fine restaurant. Ms. Huffine
reported that they never hesitate to bring friends, family, or
business associates to the Brewing Company, or to recommend
the restaurant as a premiere place. She believed that, if you are
looking for something good about the City, the Newport Beach
Brewing Company would be it. She stated that she has made it a
personal goal to let everyone know that Newport Beach has
many treasures; however, she would hate to see a place of value
become a statistic because they could not stay competitive in a
very competitive market. Ms. Huffs to requested that Council
reconsider this very reasonable request and allow the Brewing
Company to continue to be hospitable hosts to their guests.
Amy Anderson, 328 Fullerton Avenue, stated that she is an
,a�
20 of 30 01/21/2000 3:52 PM
CITY OF NEWPORT BEACH http: / /www. city. newport- beacl,. ca. u... cUAgendas /Archivel999/Mn09- 13.htm
employee of the Brewing Company and read a fax that was sent
to them by Robert J. Rosner of the Xerox Corporation. Mr.
Rosner expressed his support of the Brewing Company's request
to serve alcoholic beverages other than beer and wine. He
indicated that he often takes customers to the Brewing Company
and that the outing would be more enjoyable if he was able to
offer them a cocktail before the meal. He added that the
Brewing Company is a quality addition to the commercial
establishments in the City.
Michael Madlock, 113 31st Street, Vice President of the Newport
Beach Brewing Company, hoped that the decision - makers have
been to the Brewing Company since they have built a first class
operation. He stated that the Brewing Company has been
managed properly and would appreciate Council's support of
the appeal.
Orazio "Raz" Salmone, 2600 Newport Boulevard, No. 212,
President of the Newport Beach Brewing Company, reported
that he was one of the Fast breweries in the area and now there
are 16 breweries. He noted that they no longer have lines and
that he would rather build on the restaurant.
There being no further testimony, Mayor O'Neil closed the
public hearing.
In response to Council Member Adams' questions, Mr. Borg
clarified that the Brewing Company is not open until 2 a.m.
because of an ABC condition which closes them at 1 a.m. on
Fridays and Saturdays. Assistant City Manager Wood noted
that Condition 10 indicates that the Brewing Company may not
serve alcoholic beverages without serving the regular menu.
Mr. Alford clarified that the Brewing Company always had a 2
a.m. closing time but ABC placed the 1 am. limit after the City
approved them. Council Member Adams suggested that the
condition be consistent with ABC's.
Mayor O'Neil noted that page 1 of the staff report states that
"...the ABC is required to deny the application for the license
unless the City determines that public convenience or necessity
would be served by its issuance." He expressed the opinion that
the City is bound to follow ABC's denial unless they can find
that the public's convenience and necessity requires its issuance.
Ms. Wood reported that this is the State law that deals with
areas where there is over - concentrations of liquor licenses and
that Council Policy K -7 delegates that authority to the Chief of
Police for most cases. She confirmed that the Police Chief could
deny the license if he finds that there is no public convenience or
necessity after Council approves it, but doubts he would do that.
Additionally, since the City has a local alcoholic beverage outlet
ordinance, one of the considerations for granting a use permit
for a new or expanded alcoholic beverage outlet is to look at
whether the public convenience or necessity is served.
Motion by Council Member Glover to reverse the Planning
Commission's denial of amended Use Permit No. 3485.
a`\
21 of 30 01/21/2000 3:52 PM
CITY OF NEWPORT BEACH http: //www. city. newport- beach.ca.u...cil Agendas /Archive1999/Mn09- 13.htm
Council Member Glover believed that this is a reasonable
request. She noted that she can go almost anywhere to find
similar establishments and believed that Council has a
responsibility to be competitive with other cities. She expressed
the opinion that the Planning Commission might have felt the
same way if all the Commissioners attended the meeting.
Council Member Adams requested that Council Member Glover
amend the motion to modify Condition 7 so that the hours of
operation for Fridays and Saturdays is from 6 a.m. and 1 a.m.
Council Member Glover agreed.
Council Member Ridgeway stated that the staff report contained
a lot of testimony from the Police Department, but believed that
they were not comfortable advocating a change because the
Brewing Company is in Reporting District 15. However, it
appeared that the Police Department did not have a problem
with an operator whose staff is well - trained and runs a good
operation. He stated that he is satisfied that they are very
responsible, have trained their people, and run a good
operation. He noted that there has only been one Police instance
that involved the Brewing Company and added that he has
patronized the Brewing Company. He reported that the Brewing
Company had a toxic problem in which they immediately called
the authorities. This also proves that they are responsive citizens
because they stopped the problem and took responsive action
themselves. He expressed support of the appeal, noting that
there are two restaurants that are closing and two licenses that
are being lost. He stated that he finds the Brewing Company to
be a well -run operation and that he wants to give them an
opportunity to continue. Regarding the land use decision,
Council Member Ridgeway emphasized that the conditional use
permit is for a restaurant/brewpub and that anyone who
operates on that land will have to continue to use the conditional
use permit and continue to operate a brewpub. He believed this
helps prevent a problem if the Brewing Company fails.
Council Member Debay expressed concern because the City has
been sending a message to Cannery Village that it does not want
to intensify the alcoholic use and make a situation worse.
Regarding Council Member Debay's questions regarding
Standard City Requirement K, Ms. Wood confirmed that the
Planning Commission can call this for review to modify or add
conditions, or even conduct hearings for the possible revocation
of this license if this adds to the intensity of the problems. Mr.
Burnham suggested that the word "variance" be changed to
"use permit" in this condition. He clarified that ABC handles
their own permits, and added that, when Council grants a use
permit, privileges/conditions run with the land and applies to
subsequent property owners.
In response to Mayor Pro Tern Thomson's question, Mr.
Burnham stated that the standard to determine if they are
complying is whether they are detrimental to the health, safety,
and welfare of the community. Therefore, any factor like
intoxication, excessive noise, and fights /disturbances would
warrant a call for a modification or possible revocation of the
06
22 of 30 01/21/2000 3:52 PM
CITY OF NEWPORT BEACH http:pwww. city. newport - bead. ca. u...c ilAgendas (Archivel999 /Mn09- 13.htm
conditions. �)
The amended motion to reverse the Planning Commission's
denial of amended Use Permit No. 3485; amend Condition 7 so
that the hours of operation for Fridays and Saturdays is
between 6 a.m. and 1 a.m.; and change "variance" to "use
permit" in Standard City Requirement K carried by the
following roll call vote:
Ayes: Adams, Glover, Thomson, Debay,
Ridgeway, Mayor O'Neil
Noes: Noyes
Abstain: None
Absent: None
18. VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY Res 99-
BOUNDED BY GRAND CANAL, BALBOA AVENUE, ABALONE
AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND). Little B
Mayor O'Neil opened the public hearing. Vacatio
T re being no public testimony, Mayor O'Neil closed the public Aband
hea�g. (90)
Motion Council Member Noyes to adopt Resolution No.
99 -62 orde g the vacation and abandonment of a 2.5 -foot wide
strip of rigb f -way on both sides of a 25 -foot wide alley on
Little Balboa Is d.
The motion earn by the following roll call vote:
Ayes: A4ams, Glover, Thomson, Debay,
Ridgeway, yes, Mayor O'Neil
Noes: None
Abstain: None
Absent: None
19. AMENDMENT TO THE CIRCULATION ELEMEW OF THE
NEWPORT BEACH GENERAL PLAN TO RECLASSIFY TH EGMENT
OF SANTIAGO DRIVE BETWEEN IRVINE AVENUE A STIN
AVENUE AS A COMMUTER ROADWAY ON THE MASTER PEAN OF
STREETS AND HIGHWAYS IGPA 98- 3(D)1.
Mayor O'Neil opened the public hearing.
Bryan Bond, 2431 Santiago Drive, stated that he has been
involved with this issue for about four years. Mr. Bond
requested and received clarification from Mayor O'Neil that
Council intends to continue Agenda Item 21.
Res 99-
GPA 9
Santiag
Reclass
(45)
23 of 30 01/21/2000 3:52 PM
Exhibit No. 5
0
RECr.,JED t3 r
PLANNiN;> ; , - RARTMENI
CITY rrF .14EVJKIRT BEACP
Hub 1 1 2006 PM
For discussion purposes, the NEWPORT BEACH B�{�jdi� {516
COMPANY ( "NBBC ") submits the following summary of the topics
that they have raised and discussed with the City of Newport Beach and
certain individuals that reside in close proximity to the brewery and
restaurant.
ADDITIONAL CONDITIONS OFFERED BYNBBC FOR USE PERMIT NO 3485
I. Security Guards. Employment of 5 Security Guards with the primary
function of controlling and patrolling the NBBC parking area. The specific
duties for NBBC Security Guards will be explained to the City and can be
memorialized in the conditions of approval.
a. Noise abatement through notification
b. Parking area enforcement of noise restrictions and nuisance activity
c. Informing line that individuals can enter NBBC to use the restroom
II. Bottle Recycling Program. NBBC has implemented a bottle recycling
program that collects bottles inside the restaurant to eliminate noise. Also,
large storage containers have been acquired to eliminate the "dumping" of
glass and the associated noise.
III. Trash Dumpster Area. NBBC will improve (including any feasible aesthetic
treatment such as an enclosure) the trash dumpster area. NBBC has contacted
the City for permission to improve the trash dumpster area. The enclosure
will be locked and secure.
IV. Alcohol Training. NBBC will require all (applicable) employees to complete
an alcohol sales and training certification course.
V. New Entrance. NBBC will consider the use of an entrance from the front of
the building to alleviate the numbers of individuals that enter from the parking
lot. Safety and suitability issues must be addressed for the following:
a. Width of sidewalks
b. Average line sizes at various hours of operation
C. Potential new noise issues that may result from a new entrance
VI. Tow upon Close. NBBC would consider implementing a towing procedure
where vehicles parked in the NBBC parking lot after hours of operation would
be subject to tow..
NBBC CUP No. 3485 1 S
Miles Law Group 7037.001 t
NBBC's current position is that the conditions of approval for Use
Permit No. 3485 have worked for the past thirteen years and do not
need to be revised at the present time. However, they could be clarified
to maintain the status quo operation of the brewery /restaurant.
PROPOSED REVISIONS TO CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3485 OFFERED BYNBBC
New Condition No. 9
"The service of alcoholic beverages shall be ancillary to the primary restaurant/
brewpub service operation of the restaurant. Accordingly, alcoholic beverage service is
not permitted independent of restaurant food or brewpub services."
Condition No, 10. Add:
"For purposes of this condition, "regular meal service hours" means the meal service
hours regularly established by the restaurant/brewpub." The service of alcoholic
beverages during regular operational hours of the restaurant/brewpub that do not
include meal service is prohibited."
NBBC CUP No. 3485 2 `�tD
Miles Law Group 7037.001 L J
Exhibit No. 6
X31
Page 1 of 1
Campbell, James
From: Joe Reiss pReiss @anaheim.net]
Sent: Wednesday, August 09, 2006 3:39 PM
To: Campbell, James
Subject: FW Newport Brew Company
Jim ..... Can you please forward this to the Planning Commissioners for the meeting next
Thursday ... ....... Thanks Joe
On Wednesday 8 -2-06 a group of us from the area around Cannery Village met with Jim Campbell of the
Planning Department and a manager and attorney from the Newport Brew Company to discuss concerns about
the operation of the Newport Brew Company. During the meeting Jim Campbell asked a question about the
operation of the Brew Company after 10 pm. We never really answered his question.
On Saturday 8 -5 -06, at about 1045 pm myself and Drew Wetherholt went inside the Newport Brew Company to
see how the business operated. We were greeted by a security guard at the door who was checking ID's. We
later asked this same security guard why he checks ID's and he said after 9 pm the restaurant becomes a bar.
He also told us that nobody under 21 was allowed inside after 9 pm or they would lose their liquor license. We
went inside the Brew Company to find the entire restaurant full of individuals standing throughout the restaurant
and sitting at tables. Music was playing extremely loud to the point you had to be right next to the person you
were talking to and you had to speak loudly for them to hear you. We sat at a table and asked a waiter if we
could order some food and he said the kitchen was closed and the only thing we could order was drinks. There
were no pretzels, chips, popcorn or any food at all being served inside the restaurant. Three security guards
were inside of the restaurant and one was outside. It was obvious to me the Brew Company was operating as
a "Bar".
When you read the Conditional Use Permit (CUP) for the Newport Brew Company they are in violation of
Conditions 6 „9 and 10. Condition # 6 they choose to ignore and have never complied with since they opened.
In Condition # 9 there is no food served after 10 pm therefore alcohol is the primary item served. With regards to
Condition # 10 the Newport Brew Company becomes a bar after 9 pm on Friday and Saturday nights. The
evidence is overwhelming they operate as a bar and the management of the Newport Brew Company would
probably admit it. What bothers me is how this has been overlooked by the city all these years. The City Council
approved the operation of the Newport Brew Company with certain conditions. These conditions were presented
and approved at a public hearing. These are the conditions the community wants the Newport Brew Company to
operate under not the inappropriate way they are operating today. The Newport Brew Company should be
required to meet the conditions that were approved by the City Council. Thanks for looking into the operation of
the Newport Brew Company and please feel free to contact me if you have any additional questions.
Joe Reiss
Resident of Newport Beach
714 - 497 -6428
08/09/2006
Exhibit No. 7
`�1
Au✓t-11 -06 01:35pm From- California Coastal
Ms. Ms Meg Vaughn
California Coastal Commission
745 W. Broadway, STE. 380
P. O. Box 1450
Long Beach, CA 90802
Subject: Coastal Permit Application No.
Dear Ms Vaughn:
+5625905084 T -259 P- 002/002 F -750
R memo Y I
OCT 13 1g93
CALIFORNIA
COASTAL COMMISsIoN
SOUTH COAST DISTRICT
5 -93 -137; 2920 Newport Boulevard
As requested in the special conditions for the subject Coastal Permit Application, this letter
is provided for the purpose of confirming the action of the City Council of the City of
Newport Beach relative to its approval of Use Permit No. 3485 (Revised). As indicated in
the attacbed excerpt of the City Council minutes dated September 27, 1993, the City Council
aproved Use Permit No. 3485 (Revised) with the findings and subject to the conditions set
forth in the City Council staff report so dated September 27, 1993. In sumarry, the City
Council's action as it relates to the Coastal Commission's Special Conditions, included the
following:
1. The "net public area" of the restaurant/brewpub, which is devoted to daytime use
Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 sgfL The
balance of the "net public area" shall be physically closed off to the public by a fixed
barrier and shall not be used until after 5:00 p.m. daily.
2. The property owner shall pay for 29 in -lieu parking spaces in the Cannery Village
Municipal Parking Lot on an annual basis for the nighttime operation. (after 5:00
p.m,) of the restaurant/brewpub use as agreed upon by the Sales Agreement between
the City and the property owner.
Inasmuch as the above conditions have been established as conditions of Use Permit No.
3485, the City of Newport Beach will inforce said provisions in accordance with the Use
Permit Procedures set forth in Chapter 20.80 of the Municipal Code. It should be further
noted that Item No. 2 above, is in keeping with the City Council's action rescinding its
previous action which allowed the applicant the daytime use of in -lieu parking in the
Cannery Village Municipal Parking Lot.
We hope that this information will be sufficient for your purposes, and should you have any
questions feel free to contact Mr. William Ward in our office, at 644 -3200.
truly yot
*4
5 D. HEWIC R, Director
...ph- WaAbill- AuP3w-ft
b-0