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HomeMy WebLinkAboutOrange County Museum of Art (PA2005-086) 850 San Clemente DrCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 9, 2005 Agenda Item No. 3 TO: PLANNING COMMISSION FROM: Planning Department Gregg B. Ramirez, Senior Planner (949) 644 -3219, gramirezCcDcity .newport- beach.ca.us SUBJECT: Orange County Museum of Art Use Permit No. 2005 -017 (PA2005 -086) 850 San Clemente Drive APPLICANT: The Patina Group Newco, Inc. REQUEST Request for approval of a Use Permit pursuant to the Alcoholic Beverage Ordinance (ABO) to permit the sale and service of beer and wine for on -site consumption at an existing cafe located within the Orange County Museum of Art. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2005 -017 subject to the findings and conditions of approval included within the attached draft resolution. DISCUSSION Site/Project Overview The cafe is located within the Orange County Art Museum, which is currently undergoing a remodel. The cafe has been located at the museum for many years and is permitted as an accessory use. The cafe includes a total of 60 seats and occupies approximately 4,500 square feet of the 24,000 square foot art museum. The applicant requests approval to add beer and wine service (Type 41 ABC license) for on -site consumption to their menu. Orange County Museum of Art June 9, 2005 Page 3 Analysis Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code requires approval of a use permit by the Planning Commission for any new alcoholic beverage outlet. Please note that the review of this application is limited to the review of the alcoholic beverage service as required by the ABO, since the cafe itself is a permitted accessory use to the museum and does not itself require a use permit. General Plan The Land Use Element of the General Plan designates the project site as Government Educational and Institutional Facilities. The cafe is permitted as an accessory use to the museum, which is permitted in this land use designation. Hours of Operation The cafe maintains the same the business hours as the museum which are: 11 a.m. — 5 p.m. Tuesday and Wednesday 11 a.m. — 8 p.m. Thursday 11 a.m. — 5 p.m. Friday through Sunday Closed Mondays There are no restrictions on operating hours for the museum and staff believes that no specified hours for the cafe are necessary. The.Zoning Code requires that an accessory eating and drinking establishment such as this maintain the same operating hours as the principal use. Alcoholic Beverage Outlet Ordinance 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. The ABO requires the Planning Commission to consider the following factors: 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. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5 Orange County Museum of Art June 9, 2005 Page 4 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In order to provide the Planning Commission with the necessary data and analysis to make these required findings, each is discussed as follows: 1. Public Convenience or Necessity. The cafe has been operating at this location for several years and the proposed beer and wine service is complimentary to the primary food service operation. Therefore, it can be argued that the restaurant with on- sale consumption of alcohol furthers the public convenience or necessity. The Police Chief is designated by Council Policy K -7 to be responsible for making an official finding of public convenience and necessity on behalf of the City. The Police Chief is prepared to make this finding as the proposed use is a restaurant and not a bar or nightclub. 2. Crime Rate. Citywide, there were 5;889 crimes reported during calendar year 2004, of which 2,508 were Part One Crimes (serious offenses). The remaining 3,381 were Part Two Crimes that include alcohol related arrests. The project site, located within the Orange County Art Museum, is located within Police Reporting District (RD) No. 39. During 2004, the number of Part One Crimes in RD No. 39 was 288 and the number of Part Two Crimes was 127. Adjacent Reporting Districts are Nos. 43 and 47. RD No. 43 had 33 Part One and 17 Part Two Crimes; and RD No. 47 had 28 Part One and 14 Part Two Crimes. While the number of total crimes reported is higher within the RD of the subject project site as compared to surrounding RD's, the Police Department notes that the actual amount of crimes in the area is not considered significant due to the high concentration of commercial uses within RD No. 39, and RD Nos. 43 and 47 are primarily residential. 3. Over Concentration. Due to this request there will be a net increase of one license within RD No. 39. There are a total of 39 active ABC licenses within RD No. 39. The census tract within which the restaurant is located has a higher ratio of liquor licenses when compared with the average ratio for Orange County since there is very limited population within the census tract. However, as noted above, the area includes Fashion Island, which has a high number of eating and drinking establishments. The area is typified by restaurants that are complementary to the office retail, commercial, and entertainment uses that predominate the Fashion Island area. The requested on- sale alcohol license is not expected to generate additional crime problems in the area due to the nature of the business. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 33 driving under the influence arrests and 29 plain drunk arrests within RD No. 39 in 2004. The percentage of alcohol related arrests within RD No. 39 is 27.1 %. City-wide, alcohol related arrests Orange County Museum of Art June 9, 2005 Page 5 account for 34.8% of all arrests made. The alcohol - related arrest rate in the two adjacent reporting districts is 60% for RD No. 43 and 100% for RD No. 47. The rate within RD No. 39, within which the project is located, is lower than the city-wide average and lower than the two adjacent RD's. The Police Department does not believe that the proposed use will generate a significant number of alcohol - related incidents. As noted in the section on Crime Rate above, the sale of alcohol is ancillary to the cafe use and the establishment is not intended to operate as a bar. Therefore, staff believes, it is unlikely that the sale of alcohol in conjunction with this use will increase alcohol - related crimes. In addition, the museum is routinely staffed by private security guards. 5. Adjacent Uses. The site is located within a business park area of Newport Center. Although Colony Apartment complex is located across San Clemente Drive, staff believes that given the type of use, conflicts'with residential use are unlikely. Additionally, there are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has agreed to the conditions of approval suggested by the applicant, which are included in the attached draft resolution. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) which allows changes to operational characteristics of existing establishments. Use Permit Findings In addition to the required ABO findings, the Zoning Code requires the Planning Commission to make certain findings for use permits. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. I Orange County Museum of Art June 9, 2005 Page 6 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The existing restaurant and proposed ancillary alcoholic beverage service meets the intent of the Zoning Code and Planned Community District .Regulations since a cafe use is permitted as an accessory use to the museum and museums of this type typically have similar cafes or restaurants. Based on the review of the ABO application and police department reports, the proposed use will not likely be a detriment to the site or the community. Finally, the proposed use complies with the provisions of the Zoning Code, including the ABO regulations, and the San Joaquin Plaza Planned Community Development Plan and Regulations CONCLUSION Staff believes that the findings for approval of the Use Permit can be made be made for this request. The site is conducive to this type of eating and drinking establishment as an accessory use to the Orange County Museum of Art and the introduction of the beer and wine sales at the cafe is not likely to create problems for the community in staffs opinion. The cafe has been operating at this location for several years with no known problems. Prepared by: Gregg B. Ramirez, Associate PI ner Exhibits: Submitted by: atricia L. Temple, Pla ning Director 1. Draft Resolution No. 2005- _; findings and conditions of approval 2. Project Description From Applicant 3. Police Department Report 4. Project Plans I EXHIBIT NO. 1 Draft Resolution No. 2005- _; findings and conditions of approval 0 RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -017 (PA2005 -086) FOR PROPERTY LOCATED AT 850 SAN CLEMENTE DRIVE WHEREAS, an application was filed by The Patina Group Newoo, Inc. with respect to property located at 850 San Clemente Drive and legally described as Parcel 2 of Resubdivision No. 501, requesting approval of Use Permit No. 2005 -017 to authorize the sale of alcoholic beverages (beer and wine) for on -site consumption at a cafe located within the Orange County Art Museum pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). WHEREAS, a public hearing was held on June 9, 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 finds and resolves as follows: Section 1. The Land Use Element of the General Plan designates the site as Government, Educational and Institutional Facilities. Eating and Drinking Establishments as accessory uses with alcoholic beverage sales are a permitted use within this designation. Section 2. The Eating and Drinking Establishment is located within the San Joaquin Plaza Planned Community and is permitted as an accessory use to the museum. The service of alcoholic beverages for on -site consumption is subject to the approval of a use permit pursuant to the Alcoholic Beverage Ordinance. Section 3. The alcoholic beverage service complies with, and is consistent with the purpose and intent and Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: The convenience of the public can be served by the sale of desired beverages, in conjunction with a restaurant of this type, that is complementary to surrounding uses to the museum use and is typical and expected by the public in this type of restaurant setting. 2. The crime rate in the police reporting district, and adjacent reporting districts, is not likely to increase as a result of the proposed use. 3. The number of alcohol licenses within the reporting district is not significantly high given the nature of the land uses in the district. 4. The percentage of alcohol- related arrests in the police reporting district, in which the project is proposed, is lower than the percentage citywide. Minor on -site consumption is not expected to increase alcoholic related crime. �b City of Newport Beach Planning Commission Resolution No. _ Paoe 2 of 5 5. The plans meet the design and development standards for alcoholic beverage sales. 6. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. 7. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site. Section 4. 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: The use permit pertains to the on -site consumption of beer and wine in conjunction with a small cafe that is an accessory use to the museum. 2. The service of beer and wine will not significantly change the operational characteristics of the cafe or museum that would result in an additional parking demand. 3. The operational characteristics of the proposed use are consistent with Municipal Code requirements, specifically Chapter 20.89 (Alcoholic Beverage Outlets Ordinance), and the requirements of the San Joaquin Plaza Planned Community District. 4. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. 5. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site. Section 5. The project is exempt from environmental review pursuant to Section 15302 (Class 1) of the implementing guidelines of the California Environmental Quality Act. This exemption covers permitted uses in existing buildings where no physical changes are occurring with the implementation of the project. Section 6. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -017, subject to the conditions set forth in Exhibit "K. Section 7. 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. k)l City of Newport Beach Planning Commission Resolution No. _ Page 3 of 5 PASSED, APPROVED AND ADOPTED THIS 9th DAY OF JUNE 2005. AYES: BY: Larry Tucker, Chairman BY: Jeffrey Cole, Secretary NOES: City of Newport Beach Planning Commission Resolution No. _ Paoe 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -017 The development shall be in substantial conformance with the approved plans dated April 8, 2005. 2. Use Permit No. 2005 -017 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 4. 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 is materially injurious to property or improvements in the vicinity or. if the property is operated or maintained so as to constitute a public nuisance. 5. 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. 6. 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. 7. That any change in operational characteristics, expansion in area or other modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. This Use Permit shall be terminated if the operation is no longer maintained as a 'bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. The caf6 is not permitted to operate as a bar or lounge. 10. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 0 City of Newport Beach Planning Commission Resolution No. _ Page 5 of 5 11. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. 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. 12. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 13. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 14. The quarterly gross sales of alcoholic beverages in the approved restaurant shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police and /or Planning Department on demand. 15. There shall be no cover charge, prepayment or requirement to purchase a minimum number of alcoholic beverages. 16. 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. 17. Coin operated games, pool tables or similar game activities or equipment are not permitted. \A EXHIBIT NO. 2 Project Description From Applicant k,5 850 San Clemente Drive Part IV. Other Information and Materials & Proiect D acr 2kn and d stification A Conditional Use Permit to allow the sale and dispensing of beer and wine only for on -site consumption; in conjunction with an existing restaurant. Horns of Operation: 11 a.m. - 5 p.m., Tuesday and Wednesday 11 a.m. - 8 p.m., Thursday 11 a.m. - 5 p.m., Friday through Sunday Hours of Alcohol Sales: Same as above. Security: Four security guards provided by museum facility. Seating capacity: 60 Occupancy toad: 270 Volunteered Conditions Coin operated games, pool tables or similar game activities or equipment is not permitted. 2. No alcoholic beverages shall be permitted to be consumed on any adjacent property under the control of the licensee. 3. No alcohol shall be sold with an alcoholic content greater thah 16 percent by volume. 4. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in restaurants. There shall be no "happy hour" type of reduced price alcoholic beverage promotion. 6, The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period- 7. No bar or lounge is permitted. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9. There shall be no cover charge, no prepayment required, nor shall there be a requirement to purchase a minimum number of alcoholic drinks. EXHIBIT NO. 3 Police Department Report 0 City of Newport Beach Police Department Memorandum April 26, 2005 TO: Gregg Ramirez, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Orange County Museum of Art at 850 san Clemente Drive. This area encompasses our reporting district (RD) number 39 as well as part of Census Tract 630.08. This report reflects City of Newport Beach crime data for calendar year 2004, which is the most current data available. Calls for Service Information City wide there was 60,468 calls for police services during this time, of which 4,294 were in RD 39. 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 Informati on There were 5,889 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,508 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 3,381 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,314.74 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 39 Newport Beach California* National* Part 1 288 2,508 1,420,637 11,816,782 Part 127 3,381 N/A N/A Part 1Crime Rate 33,179.72 3,314.74 4,003.5 4,063.4 The number of active ABC licenses in this RD is 39 ** Per capita ratio 1 license for every 22 residents. This reporting district had a total of 477 reported crimes as compared to a City wide reporting district average of 153 reported crimes. This reporting district is 324 crimes or 211.879/6 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 * *. Arrest Information There were 33 DUI arrests and 29 Plain Drunk arrest in this area during this same period as compared to 1,238 for the entire city. This RD amounts to 5.01% 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 39 Newport Beach 62 1,238 228 3,550 California* National* N/A N/A 1,457,151 9,579,611 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 43 and RD 47. It must be noted that RD 39 is primarily commercial in nature while RD43 & 47 are primarily residential. Crimes RD 43 RD 47 Part 1 33 28 Part 2 17 14 Crime Rate 3,095.68 1,498.13 Arrests (DUI/Drunk) 12 13 All Arrests 20 13 Calls For Service 1,077 656 Number of active ABC licenses 7** 2 ** Per capita ratiol license for every 152 ** 935 ** 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 80,800. *These numbers are from the 2003 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit 11� EXHIBIT NO. 4 Project Plans ,6 a 5 �fil[li boa E w 4vf w gui �-4