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HomeMy WebLinkAboutRudys Pub & Grill (PA2004-273) 3110 Newwport BlvdCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 February 17, 2005 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, aramirez(alcity.newnort- beach.ca.us SUBJECT: Rudy's Pub and Grill 3110 Newport Boulevard Use Permit No. 2004 -049 & Modification Permit No. 2004 -089 (PA2004 -273) APPLICANT: Eric Aust for TC Holdings, Owners INTRODUCTION The applicant requests approval of a Use Permit to allow additions and alterations to an existing eating and drinking establishment. The applicant proposes to add a retractable roof over a portion of the building, an exterior patio adjacent to Newport Boulevard and second floor office space. The Modification Permit request is to permit first floor alterations and the addition of second floor office space proposed to encroach 4 feet into the required 10 -foot alley setback. Staff recommends approval of Use Permit No. 2004 -049 and Modification Permit No. 2004 -089, subject to the findings and conditions of approval contained within the attached draft resolution (Exhibit No. 1). DISCUSSION Site Overview Rudy's Pub and Grill is located on the northwesterly corner of Newport Boulevard and 318t Street in the Cannery Village /McFadden Square Speck Plan area. The site is currently developed with a 3,984 square foot building. The building was constructed in the early 1970's and opened for business as the Original House of Pies. In conjunction with the original construction, the City approved a Modification Permit to allow the existing building to encroach 4 feet into the required 10 -foot alley setback. This approval was in conjunction with a 10 -foot wide street dedication for Newport Boulevard. Rudy's Pub and Grill March 3, 2005 Page 2 In 1978 the Planning Commission approved Use Permit No. 1853 allowing the remodel of the facility and authorizing the sale of alcoholic beverage for on -site consumption. This approval was followed by another approval in 1978 allowing live entrainment. The existing establishment is currently operating under the conditions of this Use Permit (Exhibit No. 2). Current Development: I Restaurant and bar To the north: Restaurant, retail and service commercial uses To the east: Service commercial and automotive uses To the south: Restaurant, service commercial and residential units on the upper floor. To the west: Albertson's Shopping Center Rudy's Pub and Grill March 3, 2005 Page 3 Project Overview The applicant proposes to expand and substantially renovate the existing buildings. A retractable roof is proposed over a portion of the main bar and dining area (approximately 942 square feet) and a new 310 square foot outdoor patio is proposed adjacent to Newport Boulevard. The wall separating the interior of the restaurant and the new patio is proposed to be retractable, allowing free movement between the two areas. The new outdoor patio area will screened by a 6 -foot high combination block and glass wall that will provide some sound and wind protection for patrons. The proposed patio wall is setback 5 -feet from the existing sidewalk in order to remain clear of an existing 5 -foot right of way easement and to provide area for required landscaping. The project also includes a 663 square foot, second floor office area with two adjoining patio areas (totaling 320 square feet). A Modification Permit is necessary to for this addition because it encroaches within the 10 -foot alley setback. The applicant indicates that the use of the second floor office and patio areas is for the restaurant staff in conjunction with the operation of the restaurant. Access to this area will be provided by an interior spiral staircase that leads directly to the restaurant and an open exterior stair. The proposed project also includes parking lot re- striping and new landscape areas. Genera! Project Characteristics Zoning District Cannery Village /McFadden Square Speck Plan (Specialty Retail SP -6 General Plan Designation Retail and Service Commercial Lot Area 14,878 square feet 0.342 Acres Building Square Footage Existing: 3,954 Proposed: 4,328 Floor Area Ratio (FAR) Maximum Permitted: 0.3 Proposed: 0.29 Building Bulk Maximum Permitted: 8,183 square feet Proposed: 5,502 square feet Building Height Maximum Permitted: 26 Feet Maximum Proposed: 26 Feet Net Public Area Existing: 1,358 Square Feet Proposed: 1,349 Square Feet Parking Spaces Total Spaces Required by Current UP: 28 (1149 sq ft. of net public area) Proposed Spaces: 27 1150 sq ft, of net public area Hours of Operation Existing: 9:00AM- 2:OOAM Proposed: 9:OOAM-2:OOAM Number of Employees 120 ANALYSIS General Plan Rudy's Pub and Grill March 3, 2005 Page 4 The Land Use Element of the General Plan designates the project site as Retail and Service Commercial. Eating and drinking establishments with the on -site alcoholic beverage service are permitted within this land use designation. The General Plan also limits commercial development to 0.5 FAR and the project is 0.29 FAR as defined by Chapter 20.63 (Floor Area Ratios and Building Bulk) of the Zoning Code. Floor Area Ratio Staff has determined that the use is classified as a Full Service, High Turnover, Eating and Drinking Establishment based upon the operational characteristics and description of the use class contained within Chapter 20.05 (Use Classifications). Chapter 20.63 identifies three broad categories of uses to determine compliance with applicable floor area limitations; reduced, base and maximum floor area ratio uses. Full service, high turnover, eating and drinking establishments are reduced FAR uses and are limited to a maximum 0.3 FAR. The definition of gross floor area includes all areas within the exterior walls and it includes outdoor dining areas; however Section 20.82.050 (accessory outdoor dining) specifically exempts outdoor patio space from the FAR calculation when it is less than 25% of the interior net public area. Since this proposed patio is approximately 23% of the proposed 'interior net public area, the patio qualifies for the exemption. The two patios on the proposed second level and the covered parking space on the first level are not included as they are open on two sides and are not considered floor space within the building. The total gross floor area of the project is 4,328 square feet, which results in a compliant 0.29 FAR. Staff is concerned that the two open patios or the covered parking space could be easily enclosed which would lead to the project exceeding the maximum allowable FAR. Eliminating the open patios on the second level would effectively eliminate the this possibility, reduce the overall building mass and make the building more weather tight as the walls would not have openings. Despite these advantages, the applicant was unwilling to make the suggested change. Short of requiring the change, staff has included a condition to prohibiting the enclosure of the second level patios and covered parking space. Building Bulk Building bulk is defined as total gross floor area without open patio dining and the inclusion of covered parking and single level building volumes that exceed 18 feet in interior height. The bulk limit is the permitted floor area ratio plus 0.25 for commercial projects (0.3 + 0.25 = 0.55 FAR). The limit for this property is 8,183 square feet. For the Rudy's Pub and Grill March 3, 2005 Page 5 purpose of this calculation, staff included gross floor area, the covered parking space, the exterior stairwell and the two open patios proposed for the second level as they clearly contribute to the bulk of the building. The resulting tabulation results in 5,802 square feet of bulk, which is well below the maximum. Cannery VillagehWoFadden Square Specific Plan The subject property is located within the Cannery Village /McFadden Square Speck Plan District and has a land use designation Specialty Retail. Eating and drinking establishments are allowed in this designation with the approval of a Use Permit. The Specific Plan has an architectural theme that is stated as follows: "Cannery Village" Theme. A cannery theme is recommended for the Cannery Village area. The cannery theme is reminiscent of the previous use of the area, and can provide continuity throughout the area while preserving the variety and individuality of uses that give the area its charm. The cannery theme should be expanded to include other nautical and marine elements as appropriate. Elements of a cannery theme that may be applied to structures include: a. Use of corrugated metal shed -type buildings or siding where appropriate, with a higher level of finish than would normally be associated with such structures. b. Attractive expression of mechanical equipment and systems by incorporation into the design of structures within the height limit. C. Use of nautical devices in signs, architectural details and decoration, such as heavy rope, pilings, timbers, brass fixtures, etc." The primary design feature of the project is the arched metal retractable roof. The second floor addition is contemporary and does not exhibit strong nautical or marine elements. The open stairway can be described as "industrial." These features can be viewed as reminiscent of the previous marine industrial use of the broader area. Mechanical equipment will be on the roof screened from public view. The theme is a recommended guideline and strict application is not required. The Commission will need to determine whether or not the exterior of the project meets the intent of the Cannery Village Theme. Parking The existing parking lot accommodates 28 parking stalls and the proposed project has a total of 27 parking stalls. Twenty-six spaces are in the open parking lot and 1 space is within the footprint of the existing building and is accessed from the alley. The reduction of 1 space is a result of disabled parking areas, landscape areas and the proposed open staircase. The parking standard for eating and drinking establishments is 1 parking space for each 30 to 50 square feet of net public area depending upon the operational characteristics of the establishment. Typically, a parking ratio of 1 space per each 40 square feet of net Rudy's Pub and Grill March 3, 2005 Page 6 public area is used for full service, low turnover eating and drinking establishments similar to the existing and proposed business. Restaurants with a higher turnover or that have dancing tend to require additional parking demand and the 1 to 30 standard can be applied. The existing establishment was authorized with a parking ratio of 1 space for each 49 square feet of net public area. This ratio was derived based the available parking supply more than the operational characteristics of the establishment, although it was recognized that a portion of patronage does walk or bike to the establishment. The redesigned interior of the restaurant is a very small reduction in net public area. The new outdoor dining area can qualify as an accessory outdoor dining area and parking for it is not required provided that it is less than 25% of the interior net public area. The proposed 310 square foot outdoor patio is approximately 23% of the proposed interior net public area (1,349 square feet). Additionally, separate parking is not required for the new office area as long as it is accessory to the restaurant because it would not be defined as net public area. The redesigned parking lot has one space fewer than the existing lot making the parking ratio now 1 space for each 50 square feet of public area. Although the existing and proposed number of parking spaces is lower than what typically is required for establishments of this nature, staff believes that the project can be supported given the amount of walk -in and bicycle -in patrons, as witnessed by the number of bicycles routinely parked out front. Additionally, metered parking is typically available adjacent to City Hall and in the public parking lot at the comer of Villa Way and 30th Street. These factors are tempered by the increase in seating attributable to the patio, the number of employees and the unique nature of the proposed building. Although the Code does not require parking for accessory patios, they can lead to increased parking demand at peak occupancy times. The 20 employees likely do not carpool and they usually park off -site where they can. The retractable roof will make the use more of an attraction that might increase patronage and therefore parking demands. The true nature of parking conditions at the establishment is not well known and poaching of parking may be an issue for the area. The public hearing process might shed some light on the topic, The nature of the project is clearly an expansion of use that might lead to increased parking demand. Should the parking arrangement be deemed acceptable, staff would recommend that a condition of approval be included requiring the operator to post signs in the parking lot that clearly identifies the lot for patron/employee use to deter poaching by others. Additionally, to reduce the number of vehicle movements in and out of the covered parking space adjacent to the alley, the Traffic Engineer has included a condition of approval requiring that space be made available for employee parking only. Modification Permit (alley setback encroachment) As noted, the second floor addition and new staircase encroach within the 10 -foot alley setback. The purpose of this setback is to facilitate vehicle maneuvering within narrow Rudy's Pub and Grill March 3, 2005 Page 7 alleys. The existing alley is 14 feet wide and the existing building was allowed through a prior Modification Permit to encroach 4 feet within the 10 -foot setback. The second floor addition is in line with the existing building will not further reduce the effective width of the alley and the proposed staircase is further setback 2 feet, 8 inches. The following findings must be met to approve the request: A. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code.. The practical difficulty in this case is the size of the lot and the location of the existing building. A second floor addition constructed in conformance with the 10 -foot setback would require additional structural supports within the interior of the building that could lead to inefficient use of interior spaces. Other locations for the addition would either eliminate parking or eliminate the ability to have the retractable roof. These hardships may be inconsistent with the purpose and intent of the Zoning Code which is to promote the growth of the City of Newport Beach in an orderly and beneficial manner while promoting and protecting the public health, safety, peace, comfort and general welfare. B. The requested modification will be compatible with existing development in the neighborhood. Little or no setbacks from the alley are common in the Cannery Village area, and most properties in the subject block presently encroach to some degree. Two-story building mass is also common directly abutting public sidewalks and alleys. C. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and wdl not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The Traffic Engineer has no concerns with the proposed encroachments given the position of the existing building with a 6 -foot setback that effectively leaves the alley approximately 20 feet in width and its prior approval for the existing building. The two story building area that would result from the approval of the request complies with applicable height limits and would not directly impact any abutting property given their use and setbacks to nearby structures. Hours of Operation The existing and proposed hours of operation are 9:00AM — 2:OOAM daily. The proposed hours of operation are not uncommon among eating and drinking establishments with similar design and operational features. Rudy's Pub and Grill March 3, 2005 Page 8 Live Entertainment and Dancing The existing use permit allows live entertainment but does not allow dancing. The current application does not propose live entertainment or dancing. Should the operator desire to introduce either activity in the future, an amendment to the Use Permit would be necessary prior to applying for a Live Entertainment Permit or Cafe Dance Permit with the City Manager's office. Noise No live entertainment or dancing is proposed by the applicant and a condition of approval prohibiting live entertainment has been included in the draft Planning Commission resolution. Presently, pre- recorded music is played through the house sound system and this activity is proposed to continue. Staff is concerned that recorded music and /or patron noise may impact surrounding businesses and residential uses located further east on 318t Street especially when the retractable roof is open. The Community Noise Ordinance is the primary tool for noise control; however, staff recommends the following additional conditions: ■ Require that all doors, windows, retractable wall and the retractable roof be closed after 10:OOPM. ■ Amplified music shall be prohibited on the outdoor patio. ■ Audible paging systems shall be prohibited. • Allow the Planning Director to order the closure of the retractable roof, retractable wall, doors and windows at any time should noise generated on- site become detrimental to people of normal sensitivity residing or working in the vicinity. Alcoholic Beverage Outlet Ordinance On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO) Ordinance (Chapter 20.89 of the Municipal Code). The purpose of the ABO Ordinance is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage outlets, while preventing alcohol- related problems. Since the applicant holds a valid Type 47 (On -Sale General- Eating Place) ABC license and the proposed project does not introduce a substantial change in the mode or character of the operation as defined by the Code, and therefore, no review pursuant the ABO is required. Rudy's Pub and Grill March 3, 2005 Page 9 Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a comprehensive report, which is attached to this staff report as Exhibit No. 3. In their report, the Police Department identified several areas of concern, including noise and alcohol related calls for service and other incidents surrounding this location. The Police Department believes the project will lead to an intensification of use that will likely result in increased for calls for service. As a result, the Police Department is not supportive of the project. However, should the Planning Commission find that the project warrants favorable consideration, the Department did provide a list of recommended operating conditions in the attempt to mitigate current and anticipated problems. These conditions prohibit happy hour specials, prohibit profit sharing with outside promoters, require employees to complete training in the sale of alcohol, etc. The recommended conditions are standard conditions routinely applied by the City to similar projects. The Department recommends that the proposed outdoor patio be closed at 10:00 PM daily to avoid noise related complaints. This hour corresponds to hour when a lower noise standard is required by the Noise Ordinance. Restaurant Design and Development Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Staff believes the proposed project, as conditioned, meets the intent of applicable regulations and that the proposed design will be an upgrade from the existing conditions. Development Standards safisfy all requirements for oUtreet parking, setbacks, I access to streets and the site is of sufficient size to curb cuts, walls, landscaping and refuse storage as I accommodate the use provided that the number of SetnaCks: Ins, Cay may eatebtrsn more resaictrve semacxs If it is Modmcatron Kequeswa. rkpprovai or moamcauon determined that it is necessary or desirable for the permit is requested for the 4 -foot encroachment Into the protection of the public health, safety or welfare or to 14foot alley setback. insure the compatibility of uses on contiguous DroDerfies. Off-street Off - street paddng in aocordance with the provisions of Compliance to be determined. The proposed project Parking: Chapter 20.66 of the Municipal Code provides 1 parking space per each 50 square feet of net public area where the operational character might vardng areas and driveways to to ume tranmc and I Compnes. i ne protect was revrewec oy me rumrc circulation of vehicles on and around the facility and to Works Department who has accepted the proposed provide adequate sight clearances, I circulation design subject to a final review during the plan Rudy's Pub and Grill March 3, 2005 Page 10 Waft: A solid masonry wall 6 feet high shall be erected on all Complies through conditions. A short section of wall is interior property lines of the subject property. Walls 3 located on the interior property line. A condition of feet in height shall be erected between the on-site approval has been included requiring that a 6 foot parking areas and the public right -of -way. masonry wall be constructed on the interior property fine and that three foot high walls be constructed between the on -site parking areas and the public right of way. Landscaping: A minimum of 5 percent of any exterior paved Compiles. The site plan has sugwient landscape areas parking area and a minimum of 50 percent of the and the proved has been conditioned to require the area of the required front yard setback shall be approval of detailed landscape and irrigation plan prior by devoted to planting areas. (SP-6 Landscaping the Planning Department prior to the issuance of building Regulations) permits. Ligfft Parking lot and site mumination height and intensity; to Complies. The existing fighting proposed to be retained minimize the reflection of lights to the streets and does not appear to pose a problem to adjacent neiahboring properties. properties. WOOS AN utilities required to be under grounded. Complies through conditions. Existing above ground utility connections are required to be placed underground as a condition of approval. Suppy Storage Supply storage to be contained within a budding. Compiles. No outdoor storage of supplies is permitted and a condition of approval has been included. Refuse Storage Refuse storage outside of a building shall be hidden Complies through conditions. A condition of approval from view by a solid masonry wall 6 feet In height with has been included to require the existing trash storage self-lockIng gates, area to be upgraded to comply with this requirement. Environmental Review Staff believes that the project qualifies for a Categorical Exemption from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction), since the proposed project is not a change of use, includes a modest increase in square footage and will not result in a substantial change in capacity or operational characteristics. Additionally, the project site has no environmental resource value. Public Notice Notice of this hearing 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. SUMMARY Staff believes that location of the site along Newport Boulevard makes it conducive to the expanded operation, as the site is surrounded primarily by commercial uses and roadways. Sufficient facts exist to find the project consistent with applicable zoning requirements, and staff further believes that the Modification Permit request can be supported by the facts of the case. The project design is innovative and will improve the aesthetics of the site. Given the open nature of the restaurant and bar due to the proposed design, staff feels it is important to be cautious related to noise. The imposition of the proposed operating conditions (closure of the outdoor patio at 10:00 PM, closure of the retractable roof and Rudy's Pub and Grill March 3, 2005 Page 11 wall at 10:00 PM) should mitigate potential noise issues. Additionally, other conditions will improve water quality, ensure better site maintenance and should hopefully avoid increased calls for service to the Police. Parking is a difficult issue and the project might lead to increased parking conflicts. The public hearing process might assist in determining whether or not parking is a significant problem for this particular site. A conservative recommendation would be to deny the project based upon potential parking shortfalls, but staff believes that the project benefits outweigh its potential detriment, and therefore, staff' has provided a draft resolution with findings and conditions for project approval. ALTERNATIVES The Commission has several alternatives to the recommended action, depending upon project- related concerns: The Commission may conclude that the intensity of use exceeds the capacity of the site and that a reduction in the scope of the project is in order. The increase in dining area might be lessened or the suggested reduction of parking might be denied. Additionally, the open patios on the second level might be eliminated. 2. The retractable roof might be eliminated to avoid potential noise - related issues in the future. 3. The Commission may determine that an insufficient number of parking spaces is provided and require additional off -site parking be secured in accordance with the requirements for approval of an off -site parking agreement. 4. The Commission has the option to deny the project based upon any negative factors deemed relevant that are either identified in the staff report or through the public hearing process. If this option is taken, direction should be given to staff on findings for denial with continuation to the next meeting to allow staff to time draft appropriate written findings. Should a project re- design be desirable to the Commission, staff recommends a continuance of sufficient duration to allow the applicant to prepare revised plans and staff to allow appropriate review by staff. Prepared by: /�'W ('�-* al For. Gregg B. Ramirez, A s ciate Planner Submitted by: Patricia L. Temple, Planning Director Rudy's Pub and Grill March 3, 2005 Page 12 Exhibits: 1. Draft Resolution No. 2005 -_; findings and conditions of approval 2. Police Department Report 3. Project Plans EXHIBIT NO. 1 Draft Resolution No. 2005 Findings and Conditions of Approval RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -049 AND MODIFICATION PERMIT NO. 2004 -089 FOR PROPERTY LOCATED AT 3110 NEWPORT BOULEVARD (PA2004 -273) WHEREAS, an application was filed by TC Holdings, with respect to property located at 3110 Newport Boulevard, and legally described as Lots 3,4,5,6,7,8 of Block 431 of Lancaster's' Addition to Newport Beach requesting approval of Use Permit No. 2004 -049 to allow additions and alterations to an exiting eating and drinking establishment and approval of a Modification Permit to allow the alteration and addition to an existing building that would encroach 4 feet within the required 10 -foot alley setback. WHEREAS, a public hearing was held on February 17, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Now, therefore the Planning Commission hereby resolves as follows: Section No. 1: The Planning Commission makes the following findings: The site is designated Retail and Service Commercial by the General Plan Land Use Element. Eating and drinking establishments with the on -site alcoholic beverage service are permitted within this land use designation subject to compliance with applicable zoning regulations. 2. The project will not be detrimental to the public health, safety, peace, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The project site is located in a commercially designated area and surrounding land uses are dominated by retail commercial, and visitor serving uses and some mixed residential /commercial uses are in the vicinity. The project site is not located in close proximity to other sensitive land uses such as day care centers, schools, parks and recreation facilities or places of religious assembly. b. Use of the project site for an eating and drinking establishment has occurred since the early 1970's and it has not been determined to be a public nuisance or otherwise detrimental to the community. c. Project implementation will create a more aesthetically pleasing site through an innovative design that is generally consistent with the design theme for the Cannery Village area. The use of a metal roof and open staircase provide a modest amount of marine or industrial elements that are reminiscent of the past use of the Cannery Village. �5 City of Newport Beach Planning Commission Resolution No. Page 2 of 10 d. The project includes conditions related to public safety, noise abatement, water quality and property maintenance that will reduce current and avoid future potential land use compatibility issues. Prohibiting music of any kind on the proposed outdoor patio, closure of the patio at 10PM and closure of the retractable roof and wall at 10PM will ensure that noise will be confined within the building during the evening and night hours. The lack of live entertainment and dancing will also reduce potential noise related issues. The addition of live entertainment or dancing is a substantial operational change that would require an amendment to this permit. e. The reduction of one parking space in association with the proposed project is not significant given the availability of street parking in the area and the fact that people in the area tend to walk or bike to the existing establishment and are likely to continue to do so. 3. The granting of the requested encroachment within the alley setback (MD2004 -089) is necessary due to practical difficulties associated with the property due to the size of the lot and the location of the existing building. A second floor addition constructed in conformance with the 10 -foot setback would require additional structural supports within the interior of the building that could lead to inefficient use of interior spaces. Other locations for the addition would either eliminate parking or eliminate the ability to have the proposed retractable roof. These hardships associated with the strict application of the setback standard result in a circumstance that is inconsistent with the purpose and intent of the Zoning Code which is to promote the growth of the City of Newport Beach in an orderly and beneficial manner while promoting and protecting the public health, safety, peace, comfort and general welfare. 4. The requested setback encroachment is compatible with existing development in the neighborhood because reduced alley setbacks within the in the Canner Village area are common. Existing buildings on the subject block, including the existing building, presently encroach within the alley setback to some degree. Additionally, two -story building mass is also common directly abutting public sidewalks and alleys. 5. The Traffic Engineer has no concerns with the proposed encroachments within the alley setback given the prior approval of the existing building encroaching 4 feet within the 10- foot setback and the fact that further encroachment is minimized. The request will effectively leave the alley approximately 20 feet in width, which presently permits adequate vehicle maneuvering. The two story building area that would result from the approval of the request complies with applicable height limits and would not directly impact any abutting property given their use and setbacks to nearby structures. 6. The project is exempt from environmental review pursuant to Section 15302 (Class 2) of the implementing guidelines of the California Environmental Quality Act. This exemption covers the replacement or reconstruction of existing public or private structures provided that they do not result in any environmental impact. The expansion of the facility is minor and the site has no significant environmental resources that would be impacted by the construction and operation of the project. No City of Newport Beach Planning Commission Resolution No. _ Paoe 3 of 10 Section No. 2: The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2004 -049 and Modification Permit No. 2004 -089, subject to the conditions set forth in Exhibit 'W', the plans dated February 9, 2005. Section No. 3: This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal to the City Council is filed with the City Clerk in accordance with the provisions of Chapter 20.95 (Appeals) of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS a DAY OF MARCH 2005. MN M Larry Tucker, Chairman Jeffrey Cole, Secretary AYES: NOES: 11 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 10 EXHIBIT 6W' CONDITIONS OF APPROVAL USE PERMIT NO. 2004-049 and MODIFICATION PERMIT NO. 2004-089 The development shall be in substantial conformance with the site plan, floor plan and elevations dated February 9, 2005. 2. Use Permit Nos. 2004 -049 and Modification Permit No. 2004 -089 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 6. Any change in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all applicable federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. S. Should this business be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be noted of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer, or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 9. The second floor office space shall only be used for commercial activities associated with in support the eating and drinking establishment. The office area shall not be leased or rented as a separate use. �q City of Newport Beach Planning Commission Resolution No. _ Page 5 of 10 10. The two open patio areas on the second floor of the building shall not be enclosed any further than that depicted on the approved plans. 11. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 12. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 13. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 14. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 15. The project shall conform to sight distance standard 110 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Final designs shall be reviewed and approved by the City Traffic Engineer. 16. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 17. Lighting of the parking lot shall be in conformance with Section 20.82.040.A.7 of the Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures. 18. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. �`l City of Newport Beach Planning Commission Resolution No. _ Page 6 of 10 19. The authorized use of the building is an eating and drinking establishment and full meal service shall be provided during all hours of operation. The use shall not be operated as a `bar" without full meal service or a nightclub as these uses are not authorized. 20. No live entertainment or dancing is permitted at any time. 21. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 22. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 23. Hours of operation for the establishment are 9:OOAM and 2:OOAM daily. The 310 square foot outdoor located near Newport Boulevard shall be closed at I O:OOPM daily. 24. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. 25. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. 26. No audible paging system shall be utilized in conjunction with this establishment. N Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA Hours of operation for the establishment are 9:OOAM and 2:OOAM daily. The 310 square foot outdoor located near Newport Boulevard shall be closed at I O:OOPM daily. 24. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. 25. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. 26. No audible paging system shall be utilized in conjunction with this establishment. N City of Newport Beach Planning Commission Resolution No. _ Page 7 of 10 27. No recorded music or other type of sound amplification shall be allowed within the outdoor patio area. 28. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 29. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 30. All exits shall remain free of obstructions and available for ingress and egress at all times. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 32. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the approved use shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 33. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. �1 City of Newport Beach Planning Commission Resolution No. _ Page 8 of 10 35. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 36. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 37. A grease interceptor of adequate size and design shall be provided pursuant to the requirements of the Building Code and Building Department. 38. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 39. Prior to the issuance of building permits, approval from the Orange County Health Department is required. 40. Prior to issuance of a Building Permit, plans for the outdoor dining/patio areas shall be reviewed and approved by the Planning Department. The outdoor dining/patio areas shall be required to drain into adjacent landscaping or sewer as approved by the Public Works and Building Departments and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 41. Portable heaters are not permitted on the outdoor patio dining area. 42. Prior to the final of building permits, a 6 -foot high masonry wall shall be installed along the northerly property line. The final design and materials used shall be subject to the approval of the Planning Department. 43. Prior to the final of building permits, 3 -foot high masonry walls shall be constructed between the on -site parking areas and landscape areas. The final design and materials used shall be subject to the approval of the Planning Department. 44. Prior to the issuance of a certificate of occupancy, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport N City of Newport Beach Planning Commission Resolution No. _ Paae 9 of 10 Beach Building Department to ensure the location is readily visible to.employees, patrons and public safety personnel. 45. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. 46. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 47. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 48. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 49. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping, parking facilities, lighting and required washout facilities have been installed in accordance with approved plans. 50. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 51. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan dated February 9, 2005. IN City of Newport Beach Planning Commission Resolution No. _ Page 10 of 10 52. The covered parking stall adjacent to the alley as shown on the floor plan shall be designated and signed as employee parking only. This parking space shall not be further enclosed in any fashion or made unavailable for parking purposes. 53. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 54. Outdoor storage of any kind is prohibited. 55. All utility connections shall be placed underground. 2� EXHIBIT NO. 2 Police Department Report to City of Newport Beach Police Department Memorandum January 27, 2005 TO: Gregg Ramirez, Staff Planner FROM: CSO Susan Seviane SUBJECT: Project Review Request for Rudy's Pub and Grill Outdoor Patio and Modification Permit 2004 -089 At your request our office has reviewed the project request for Todd Carson ' Rudy's Pub & Grill" Amendment to Use Permit No. 1853 and Modification Permit No. 2004 -089 (PA2004- 273) "Rudy s Pub & Grill" is located at 3110 Newport Boulevard, Newport Beach, CA 92663. Mr. Todd Carson proposes to add a retractable roof over a portion of the building, an exterior patio adjacent to Newport Boulevard and second floor office space with two patios (no patron use). Additionally, the applicant requests approval of a Modification Permit to allow alterations of portions of the first floor, and new second floor office space. Modification Permit No. 201, approved in 1970, allowed the existing building to encroach 4 feet into the required 10400t setback. The Police Department is very concerned about the potential negative impact the applicant's request will have on public safety. These concerns are based on documented incidents surrounding this location. The concerns are also based on experiences with similar business operations involving other operators within the City. We have included a report prepared by Police Department Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business in support of our concerns for reference. Slans and Displays: Mr. Todd Carson submitted drawings of new design for remodel. a-) Rudy's Pub and Grill - Permit 2004 -089 Page 2 of 4 Hours of Operation: If the applicant's request is approved (over the Police Department's objections to an exterior patio. The Police Department recommends a 10:00 p.m. closing time for the patio in order to minimize potential noise - related impacts and no patron use for second floor patios. Preventive Desian: It has been our experience, noise generated from the outside patios by patrons, recorded music, paging systems, etc. can travel and disturb area residents. Such events can result in calls for police services to address the disturbance. We recommend appropriate mitigation measures to control patio noise. If the applicant's request is approved, please ensure applicant is made aware of the following: • There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages and • Any interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. Additionally, ABC will require some type of fence and signage to delineate any patio areas approved for the consumption of alcoholic beverages. Security: Require the applicant to develop an approved security plan designed to ensure compliance with applicable state and local laws, and the conditions of the ABC license, the use permit, and other such permits issued by the City. Additional Comments: Require all owners, managers and employees serving and/or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for searing and selling alcohol beverages. Gil Rudy's Pub and Grill — Permit 2004 -089 Page 3 of 4 We recommend that appropriate mitigation measures be identified and required of the applicant to control these situations if the application is approved. Based on our local history and experiences in this area, we are projecting the applicant's proposal will result in an increase in Police Department activities and calls for services. For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. Examples of these types of events are those likely to attract large crowds, events where an admission fee is charged, those that include any form of party or contract promoters and any other activities that are specified in the Newport Beach Municipal Code requiring such permits. The Police Department is required to spend a substantial amount of time and resources policing this area. The majority of the problems encountered included public drunkenness, noise complaints, argument mediation, driving under the influence of alcohol enforcement, assaults, thefts, narcotic - related offenses, and public nuisance offenses including urinating in public. This area also experiences heavy vehicular and pedestrian congestion on weekends, holidays and during the summer months. In addition to the Police Department's described concerns, we believe there is a greater policy and land use issue involved in the approval process for intensifying the alcohol usage by adding a exterior patio and a third floor deck to this business located in this area of the Community. Although such decisions to resolve these community concerns appropriately should be left to the Planning Commission and/or City Council, we are not supportive of adding the additional intensity as proposed at this particular location. If the proposed application is approved, the Police Department recommends the following conditions be considered for the Conditional Use Permit for the business: ?�`A Rudy's Pub and Grill - Permit 2004 -089 Page 4 of 4 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 2. There shall be no promotional drink specials or reduce drink specials. 3. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 4. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 6. Require occupancy posting that would ensure employees, patrons and/or public safety personnel have the ability to readily determine the occupancy load. 7. Consider addressing requirements for activities requiring special event permits as issued by the City and establishing a cap for the number of such permits issued during a calendar year. In summary, the Police Department does not recommend approval of the requested change in the character and scope of this application as proposed. We believe it will have a negative impact on the surrounding area and result in a requirement for additional police services. Submitted by: Klein, Acting Division Commander $0 City of Newport Beach Police Department Memorandum January 7, 2005 TO: G. Ramirez, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Rudy's Pub and Grill at 3110 West Newport Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach data for calendar year 2003, which is the most current data available. Calls for Service Information City wide there was 60,149 calls for police services during this time, of which 5,582 were in RD 15. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,410 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,650 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,760 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,502.42 per 100,000 people. The national Part One crime rate was 4,118.8* per 100,000 people. Crimes RD 15 Newport Beach California* National* Part 1 365 2,650 1,384,872 11,877,218 Part 2 437 3,760 N/A , N/A Part 1Crime Rate 12,911.21 3,502.42 3,943.7 4,118.8 The number of active ABC licenses in this RD is 72 ** Per capita ratio 1 license for every 39 residents. This reporting district had a total of 802 reported crimes as compared to a City wide reporting district average of 155 reported crimes. This reporting district is 647 crimes or 418% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses * *.. 3 Arrest Information There were 97 DUI arrests and 301 Plain Drunk arrests in this area during this same period as compared to 1,608 for the entire city. This RD amounts to 30.66% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI/Drunk) All Arrests RD 15 398 797 Newport Beach 1,299 3,524 California* National* N/A N/A 1,412,566 9,811,831 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 16. Crimes RD 13 RD 16 Part 138 156 Part 2 82 103 Crime Rate 7,553.37 5,913.57 Arrests (DUI/Drank) 43 64 All Arrests 119 204 Calls For Service 1,973 3,202 Number of active ABC licenses 5** 5 ** Per capita ratiol license for every 305 ** 528 ** residents. Note. It is important.to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 75,645. *These numbers are from the 2002 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. 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