HomeMy WebLinkAboutPanini Mediterranean Restaurant (PA2005-155) 4647 MacArthur BlvdCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
August 18. 2005
TO: PLANNING COMMISSION
FROM: Jaime Murillo, Associate Planner
(949) 644 -3209, imurilio(&city.newoort- beach.ca.us
SUBJECT: Panini Mediterranean Cafe, 4647 MacArthur Boulevard
Amendment of Use Permit No. 2002 -040 (PA2005 -155)
APPLICANT: Moe Ghazi, Mopan Investments
REQUEST
Request to amend Use Permit No. 2002 -040 to extend the closing hour of Panini
Mediterranean Cafe from 1:00 AM to 4:00 AM.
Staff recommends that the Planning Commission approve the amendment to Use
Permit No. 2002 -040 by amending Condition No. 12 to temporarily expand the hours of
operation for Panini for 1 year and incorporate Condition No. 50 to require additional
security to monitor the restaurant during the extended hours of operation.
DISCUSSION
Background
On May 8, 2002, the Planning Commission approved Use Permit No 2002 -040
permitting the establishment of two (2) full service restaurants and a nightclub /multiple
use assembly venue with dancing and live entertainment. Additionally, the use permit
authorized the on -site sale of alcoholic beverages pursuant to the Alcoholic Beverage
Ordinance (ABO) and a waiver of a portion of the off - street parking requirements. The
Planning Commission meeting staff report and minutes from May 8, 2005 have been
attached for reference (Exhibit 1 & 2).
Each of the three establishments are interconnected with shared kitchen and storage
facilities, and are operated by the same ownership. However, the operational
characteristics of each differ. Panini Mediterranean Cafd is an Italian inspired
restaurant and bakery specializing in gourmet salads, panini sandwiches, pizza and
All
Panini Mediterranean Cafe
August 18, 2005
Page 3
seafood. Ten Asian Bistro and Sushi (Mosun Sushi) is an Asian inspired restaurant
specializing in a variety of Asian cuisines. Tentation Ultra Lounge (Club M) is a lavishly
decorated nightclub and multi - purpose assembly facility. The club usually operates
every Thursday, Friday, and Saturday from the hours of 8 PM to 2 AM, with occasional
special events on other nights of the week.
The hours of operation for Panini Mediterranean Cafe were conditioned as follows, per
Condition No. 12 of Use Permit No. 2002 -040:
Hours of operation for the restaurant and outdoor patio area occupied by Panini,
.as depicted on the approved set of plans, shall be 7.00am to 1:OOam daily.
In June of 2005, the Code Enforcement and Water Quality Division was made aware
that the Panini Mediterranean Cafe was continuing to operate after the 1 :00 AM closing
time. It was reported that patrons were drinking and eating in the restaurant after the
required closing time. A letter was sent to the applicant informing him of the violation,
which has prompted him to apply for this subject amendment to the use permit.
Site Overview
The proposed project is located within the airport area of the City, away from any
residential uses, at 4647 MacArthur Boulevard. More precisely, the restaurant is
located within an existing retaillbusiness center on the westerly side of MacArthur
Boulevard between Birch Street and Campus Drive. The total project site is
approximately 3.2 acres with the entire project occupying an approximately 15,850
square foot, two -story building. Other structures on the subject property consist of a
two -story 11,142 square foot.general commercial building and a single story 6,464
square foot retail /commercial building. General office uses are located to north, east,
and west of the property, and the Radisson Hotel is located south of the property across
Birch Street.
Project Overview
The applicant is requesting to extend the closing hours from 1:00 AM to 4 :00 AM, to
provide late night, full- service dining at the Panini Mediterranean Cafe only. He feels
that extending the hours of operation will provide a dining opportunity for late night
commuters from John Wayne Airport and for guests staying at various nearby hotels.
Additionally, the applicant would like to provide a safe dining option for those patrons
leaving the nightclub, before or at the 2:00 PM closing time. No alcohol will be served
after 1:30 AM, in accordance with the conditions of their license issued by the
Department of Alcoholic Beverage Control.
Panini Mediterranean Cafe
August 18, 2005
Page 4
Newport Beach Police Department Concerns
The Newport Beach Police Department has provided staff with the attached report
(Exhibit 3) citing several concerns with the proposed amendment, focusing primarily
with the increased demand for law enforcement services. A substantial amount of time
and resources are spent policing areas where alcohol related problems occur, and by
extending the hours of operation of the restaurant adjacent to the established nightclub,
the Police Department believes alcohol related problems may further tax police
resources. Additionally, they feel that the transitional time between alcohol service and
the absence of alcoholic beverages is difficult to control, and that by having an "after
hours" establishment conveniently located in the same building will actually encourage
excessive alcohol consumption prior to the termination of alcohol service.
1 Year Trial Period
The Police Department's concerns are based on an assumption that the proposed
amendment would result in the need for increased law enforcement services, which in
reality may not actually occur if the restaurant is operated in accordance with the
requirements of the ABC license and the conditions of the use permit. Providing the
safe opportunity for patrons of the nightclub to stay and dine after the closing time may
actually prevent problems by discouraging patrons who have consumed alcoholic
beverages from driving illegally. Additionally, public offenses may also be reduced due
to the opportunity for patrons to gather in Panini, versus loitering in the parking lot after
the closing of the nightclub.
This late night dining option will serve the same purpose as a 24 -hour diner or
restaurant Denny's or Coco's. Aside from the typical small coffee shop, such
establishments do not currently exist within the area. Given the location of the site
within the airport area and the absence of any residential uses in the vicinity, staff
believes the proposed amendment to allow.late night dining may not prove detrimental.
The Planning Commission can consider allowing the increased hours of operation for a
limited duration to see how it affects the demand on law enforcement services. Staff
would suggest a 1 year trial period, at which time if the expansion in hours of operation
prove not to adversely affect police services, the applicant may request a permanent
change in the hours of operation. Condition No. 12 may be amended as follows:
"Hours of operation for the outdoor patio occupied by Panini, as depicted on the
approved set of plans, shall be 7:00 am to 1:00 am daily, and the hours of
operation of the interior dining areas of Panini shall be temporarily expanded to
be 7.00 am to 4:00 am daily, until August 18, 2006. After August 18, 2006, the
hours of operation shall revert back to 7:00 am to 1:00 am, unless the extended
hours of operation prove not to be detrimental and the Planning Director
approves an amendment to permanently change the hours of operation. If
significant problems result at any time during the temporary expansion in hours
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Panini Mediterranean Cafe
August 18, 2005
Page 5
of operation, the Planning Director upon advance notice has the right to
terminate the privilege and Panini shall close at 1:00 am. "
At the request of the Police Department, should the Planning Commission approve the
amendment, an additional condition should be incorporated into the approval to require
the restaurant to provide additional security within the restaurant and in the parking lot
to prevent or eliminate any potential security problems, and alleviate the demand on law
enforcement services. Staff recommends including the following condition that would
be Condition No. 50:
"7n conjunction with the temporary expansion of the closing hour for Panini from
1:00 am to 4:00 am, additional security shall be provided within the restaurant
and within the parking lot to prevent any potential security problems. The
additional security shall operate in accordance with the comprehensive security
plan approved by the Newport Beach Police Department for the site"
Environmental Review
This project has been reviewed and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (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 Nall and on the city website.
Alternative
The Planning Commission may approve the amendment as requested, however
may wish to modify the conditions to more limit the trial period for only a 6 month
duration, should a 1 year trial period be deemed excessive.
2. The Planning Commission may choose to deny the request for the amendment if
it is determined that an increased demand for law enforcement services will
result from the project and that demand for services will require the repositioning
of patrolling officers from other areas of the City. The project may then be
deemed detrimental to the general welfare of the City due to the reduction of
enforcement in those areas, and therefore the request for the amendment may
be denied. Staff has prepared findings for denial (Exhibit 4), that can be included
Panini Mediterranean Cafe
August 18, 2005
Page 6
in a motion for denial should that action be deemed appropriate by the Planning
Commission
Prepared by:
Submitted by:
Jai a Murillo, Associate Planner Patricia L. Temple, Planning Director
Exhibits:
1. May 8, 2003 Planning Commission staff report
2. May 8, 2003 meeting minutes
3. Police Department report
4. Findings for denial
I
EXHIBIT 1
May 8, 2003 Planning Commission staff report
10
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i
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
May 8, 2003
TO: PLANNING COMMISSION FILE COPY
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gramirez (d,)city.newport- beach.ca.us
SUBJECT: Mosun of Newport Beach, 4647 MacArthur Boulevard
Use Permit No. 2002 -040 (PA2002 -193)
Request for a Use Permit to allow two (2) full service restaurants and a
nightclub /multiple use venue with dancing and live entertainment and to
authorize the on -site sale of alcoholic beverages pursuant to the Alcoholic
Beverage Ordinance (ABO). The application also includes a request to
waive a portion of the required off - street parking.
APPLICANT: Bret Carman for Mosun of Newport Beach
RECOMMENDATION:
Staff recommends the Planning Commission approve Use Permit No. 2002 -193 with a
modification of the applicant's request subject to the findings and conditions of approval
included within the attached draft resolution.
DISCUSSION:
Site Overview:
The proposed project is located in an existing retail /business center on the westerly side
of MacArthur Boulevard between Birch Street and Campus Drive. The total project site
is approximately 3.2 acres with the proposed project occupying an existing 17,650
square foot, two -story restaurant building. Other structures on the subject property
consist of a two -story 11,142 square foot general commercial building and a single story
6,464 square foot commercial /retail building. A total of 193 parking spaces are provided
.on site. The proposed project will occupy tenant space formerly occupied by a Coco's
restaurant (including product development facility), which has recently closed, and
Tibbie's Music Hall, which closed several years ago.
1
Mosun of Newport Beach
May 8, 2003
Page 2
Project Overview:
The proposed project consists of two restaurants and a nightclub /multi- purpose venue
with shared kitchen and storage facilities. The applicant is proposing to eliminate
approximately 1,800 square feet of the existing 2,400 square foot second floor to open
the structure up with vaulted ceilings. The remaining 600 square feet of the second floor
will be used for storage. The resulting combined area for the entire project is
approximately 15,850 square feet. Additional construction includes four new outdoor
dining /patio areas and exterior architectural improvements. The applicant intends to
11
N
SUBJECT PROPERTY
L
a
0 50 100 Feet
MOSUN
OF NEWPORT BEACH
4647 MacArthur Boulevard
Current
Development
Vacant restaurant uses, retail, office government Social Security
office
To the north:
General office
To the east:
General office
To the south:
Radisson Hotel across Birch
To the west:
General office
Project Overview:
The proposed project consists of two restaurants and a nightclub /multi- purpose venue
with shared kitchen and storage facilities. The applicant is proposing to eliminate
approximately 1,800 square feet of the existing 2,400 square foot second floor to open
the structure up with vaulted ceilings. The remaining 600 square feet of the second floor
will be used for storage. The resulting combined area for the entire project is
approximately 15,850 square feet. Additional construction includes four new outdoor
dining /patio areas and exterior architectural improvements. The applicant intends to
11
Mosun of Newport Beach
May 8, 2003
Page 3
purchase the existing ABC license (Type 47, On -Sale General) from Coco's although a
Type 48 license may be required for the nightclub. The California Department of
Alcoholic Beverage Control will make this determination after the applicant submits an
application to them and they have the opportunity to review the floor plans. Although
each of the three establishments will be interconnected and operated by the same
ownership, the proposed operational characteristics for each differ.
Panini Mediterranean Cafe
Panini Mediterranean Cafe occupies the easterly portion of the structure formerly
occupied by Coco's Restaurant and consists of approximately 1,400 square feet of
interior net public area. The interior consists of traditional dining room seating (40
portable /15 fixed seats)- and bar (10 seats). Additionally, Panini has two separate
outdoor patios totaling approximately 1,013 square feet (476 square feet and 537
square feet, respectively) with a total of 52 seats. Panini is proposed to be open for
breakfast, lunch and dinner with business hours of 7 A.M. to 1 A.M. daily. Full meal
service will be available during all hours of operation and alcoholic beverage service
(Type 47 ABC license) is requested.
Mosun Sushi
Mosun Sushi occupies the middle portion of the structure and is comprised of
approximately 3,000 square feet of net public area divided between a main dining room
and a separate cocktail lounge. The main dining room is approximately 2,400 square
feet of net public area and includes a sushi bar. Proposed dining room seating is in the
form of 45 portable seats and 24 fixed seats with an additional 24 portable seats at the
sushi bar. The remaining 600 square feet of net public area is comprised of a small
cocktail lounge. Seating for this area consists of 14 portable seats, 6 fixed seats at
tables and 10 portable seats at the bar. Additionally, a 527 square foot outdoor patio
with 32 portable seats and a 371 square foot exterior waiting and cocktail area is
proposed. Mosun Sushi is proposed to be open for lunch and dinner daily from 11 A.M.
until 1 A.M. Full meal service will be available during all hours of operation and alcoholic
beverage service (Type 47 ABC license) is requested.
Club M /Multi Purpose Venue
Club M is a proposed nightclub and multi - purpose assembly facility. The requested
hours for the nightclub are 9:00 PM to 2:00 AM daily, although the applicant has
indicated that the nightclub would typically be open Friday and Saturday nights with
occasional or seasonal hours Sunday through Thursday. Club M is ' comprised of
approximately 3,586 square feet of net public area that includes a 650 square foot
dance floor. The only proposed seating for Club M is 17 portable bar seats. Additionally,
the applicant proposes a 1,200 square foot exterior patio in space currently occupied by
a loading dock adjacent to Club M with 36 portable patio seats. The California
�-dL-
Mosun of Newport Beach
May 8, 2003
Page 4
Department of Alcoholic Beverage Control will determine the type of ABC license
required when the applicant formally applies.
The applicant also proposes to use the area occupied by Club M as a venue for special
events (banquets, weddings, concerts, fashion shows, holiday parties, etc.). The
applicant has requested that the events be permitted at any time between the hours of
6:00 AM and 2:00 AM daily. This multi - purpose venue setup could accommodate 118
portable seats and the use of moveable partitions is proposed to create three separate
banquet rooms. The table below provides a summary of basic operational
characteristics.
PROJECT CHARACTERISTICS (Table 1)
* Outdoor dining area in excess of 25% of interior net public area is not considered accessory and must
be added to the interior net public area and used in required parking calculations.
** Total does not include Multi -Use Venue
Analysis:
The proposed eating and drinking establishments and nightclub require approval of a
use permit for the use, alcoholic beverage service (ABO) and a waiver of a portion of
the required off - street parking space requirements.
General Plan
The Land Use Element of the General Plan designates the project site as
Administrative, Professional and Financial Commercial. Restaurant and nightclub uses
with on -site alcoholic beverage service and consumption are permitted uses in the
Administrative, Professional and Financial Commercial land use designation.
11
Hours
Net Public
Patio
Net Public
Seating
Occupancy
(Daily)
Area
Area
Area
Interior /Exterior
(Estimated)
Interior
(Total)*
Panint
7:00 AM —
1,401 sq ft.
1,013 sq.
2,064
65/52
160
1:00 AM
ft.
Mosun
11:00 AM —
2,982 sq. ft.
898
3,353
125/32
258
1:00 AM
Club M
9:00 PM —
3,586 sq. ft.
1,200 sq.
4,786
17/36
367
2:00 AM
ft.
Multi-
Varies
3,586 sq. ft.
1,200 sq.
4,786
118/36
308
Use
(6:OOam —
ft.
Venue
2:OOam
Total"
7:00 AM —
7,969 sq. ft.
3,111
10,203
207/120
785
2:00 AM
* Outdoor dining area in excess of 25% of interior net public area is not considered accessory and must
be added to the interior net public area and used in required parking calculations.
** Total does not include Multi -Use Venue
Analysis:
The proposed eating and drinking establishments and nightclub require approval of a
use permit for the use, alcoholic beverage service (ABO) and a waiver of a portion of
the required off - street parking space requirements.
General Plan
The Land Use Element of the General Plan designates the project site as
Administrative, Professional and Financial Commercial. Restaurant and nightclub uses
with on -site alcoholic beverage service and consumption are permitted uses in the
Administrative, Professional and Financial Commercial land use designation.
11
1
Mosun of Newport Beach
May 8, 2003
Page 5
Zoning Code
The subject property is located within the Administrative, Professional and Financial
Commercial zoning district. Restaurant and nightclub uses are allowed in this district
with the approval of a use permit.
Hours of Operation
The proposed hours of operation are:
Venue
Hours Dail
Panini
7:00 AM —1:00 AM
Mosun
11:00 AM —1:00 AM
Club M
9:00 PM - 2:00 AM
Multi Purpose
6:00 AM — 9:00 PM
The proposed hours of operation are typical for restaurant/bars and nightclubs. Given
that the proposed project is located in a commercial area with no nearby residential
uses, staff believes they are acceptable.
Live Entertainment and Dancing
The applicant requests approval for live entertainment and dancing at Club M. Although
the applicant has requested approval to operate the nightclub daily, they have indicated
that the club will typically be open on Friday and Saturday nights and possibly
occasional Thursdays. The request for daily operations is requested to give them
flexibility to operate occasionally during the week or other days, seasonally. Pursuant to
Municipal Code requirements, the applicant is required to obtain a Live Entertainment
Permit, which includes a requirement to provide an acoustical study, which is issued by
the City Manager prior to these activities occurring at the facility. The applicant has
indicated that a cover charge will be assessed to patrons of the nightclub; therefore, a
Cafe Dance permit is not required to be obtained pursuant to Chapter 5.32 of the
Municipal Code.
Noise
The applicant proposes live entertainment and pre - recorded music in the nightclub, and
background music within the restaurants and on the outdoor patio areas. Staff is
concerned that the proposed live and recorded music and patrons on the patios may
generate enough noise to impact.surrounding businesses and potentially guests at the
Radisson Hotel, which is located approximately 550 feet away and has windows that
open. In addition to complying with all applicable Municipal Code sections pertaining to
the control of noise, staff recommends the following conditions of approval to mitigate
against potential noise related problems:
1'�
Mosun of Newport Beach
May 8, 2003
Page 6
Require that all doors and windows be closed at all times to prevent noise
from emanating.
■ Restrict the use of live or pre- recorded music or amplification to the
interior of the establishment.
■ No audible outdoor paging system be permitted.
Based on these conditions, the proximity to the Radisson, the high ambient noise levels
of the area and the lack of other sensitive land uses in the area, staff believes that the
noise generated by the proposed project will not be a significant issue.
Waiver of Required Parking
With this type of use, sufficient parking is always a concern. As indicated on the site
plan, the shopping center currently has a total of 193 on -site parking spaces (includes 6
disabled spaces) that is shared between the tenants on the site. When determining the
amount of parking required by the Zoning Code, the square footage of each individual
tenant and type of business must be determined to apply the applicable parking ratio.
The applicant has provided a list of existing tenants, the square footage occupied and
the hours of operation (Table 2).
EXISTING TENANT PARKING REQUIREMENT (Table 2)
Tenant
Use
Business Hours
Square Footage
Required
Parking*
Social Security
U.S. Government
Office
9:00am — 4:00pm
6,142
24.57
Saunders Properties
Business Offices
10:00am — 6:00 pm
5,000
20
London Coin
Retail
10:00am — 5:00 pm
3,191
12.76
Fax & Mail
Retail
9:00am —6:00 m
1,093
4.37
Gentil Penneweert
Martial Arts Studio
11:00am — 9:00 m
2,180
8.72
TOTALS
17,606
71
"Required Parking based on 1 space per 250 square feet (gross)
Required Parking for Project
The parking standard for restaurants and nightclubs specified by the Municipal Code is
h*� one parking space for each 30 to 50 square feet of net public area. The specific ratio
applied is based on the operational characteristics of the establishment. Typically, a
parking ratio of 1 space per each 40 square feet of net public area is used for full
service, low turnover restaurants similar to the proposed restaurants. Required parking
for the proposed outdoor dining areas is required to be provided for the portion of
outdoor dining areas that exceeds 25% of the interior net public area. Using this
calculation the required number of parking spaces required for the restaurants is 136.
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Mosun of Newport Beach
May 8, 2003
Page 7
Staff recommends that the required parking for the nightclub /multi -use venue be based
upon a 1 space for each 30 square feet of net public area due to the expected
occupancy of the nightclub. The net public area for the nightclub includes 3,586 square
feet of interior net public area and the 1,200 square foot exterior patio area for a total
net public area of 4,786 square feet. Using this calculation, the number of parking
spaces required for the nightclub is 160.
As shown on Tables 3 and 4 below, when the proposed project operate simultaneously
with the other uses of the site and when it operates independently (after 9:00 PM) the
site is deficient parking at all times, seven days a week.
PROPOSED PROJECT PARKING REQUIREMENT
MONDAY THRU FRIDAY (Table 3)
SATURDAY AND SUNDAY (Table 4)
Breakfast Hrs.
7:00am — 11:00am
Lunch Hrs.
11:00am — 3:00 m
Dinner Hrs.
5:00 m — 9:00 m
Evening Hours
After 9:00 m
Panini 1/40
52
52
52
52
Mosun 1140
Closed
84
84
84
M' 1/30
Closed
Closed
Closed
160
Multi-Purpose
160
160
160
N/A
Other Tenants
71
71
34
0
Total
283
367
330
296
Mired
Totai Provi ded
193
193
193
193
Parkin Deficit
90
174
1 137
1,103
SATURDAY AND SUNDAY (Table 4)
Off -Site Parking
,.The property owner has indicated that parking on properties under his ownership
located at 4500, 4540 and 4630 Campus would be available for use by the proposed
business. Exhibit No. 7 is an aerial photograph showing the subject property and those
at 4500, 4540 and 4630 Campus. According to information received, the majority of
businesses on these adjoining properties keep 9 -5 hours and several hundred parking
spaces would be available during the evening hours when Club M and both restaurants
are operating. These off -site spaces are not available during the day due to heavy use
M,
Breakfast Hrs.
7:00am — 11:00am
Lunch Hrs.
11:00am — 3:00 m
Dinner Hrs.
5:00 m — 9:00 m
Evening Hours
After 9:00 m
Panini
52
52
52
52
Mosun
Closed
84
84
84
M
Cased
Closed
Closed
160
Multi-Purpose
160
160
160
NIA
Other Tenants
27
27
14
0
Total Required
239
323
310
296
Total Provided
193
193
193
193
Parking Deficit
46
130
117
103'
Off -Site Parking
,.The property owner has indicated that parking on properties under his ownership
located at 4500, 4540 and 4630 Campus would be available for use by the proposed
business. Exhibit No. 7 is an aerial photograph showing the subject property and those
at 4500, 4540 and 4630 Campus. According to information received, the majority of
businesses on these adjoining properties keep 9 -5 hours and several hundred parking
spaces would be available during the evening hours when Club M and both restaurants
are operating. These off -site spaces are not available during the day due to heavy use
M,
Mosun of Newport Beach
May 8, 2003
Page 8
by employees and patrons of the businesses they serve. Of the three sites, only 4630
Campus (45 spaces) has direct vehicular and pedestrian access to the project site. If
patrons were to use the parking at 4500 and 4540 Campus (310 parking spaces total)
they would have to cross properties not under the same ownership to access the
proposed restaurants and nightclub. Staff is concerned about restaurant and nightclub
patrons crossing private property, which may not be adequately lit or patrolled, to
access vehicles. However, the potential of using the 45 spaces provided at 4630
Campus during the evening hours does bring the project closer to compliance, leaving it
58 spaces short of the required 296. Should the other lots be considered for use, staff
believes a comprehensive parking plan should be prepared which would include
requiring a valet parking plan. Additionally, the only way to secure the off -site parking is
through an off -site parking agreement as opposed to the suggested shared use of the
parking lots which could be eliminated with a change of ownership.
Parking Waiver
In order to grant a parking waiver, Section 20.66.100 requires that one or more of the
following conditions be met:
"A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites."
A municipal parking lot is not located within proximity of the site and there is no on-
street.
2. `The site is subject to two or more uses and the maximum parking requirements
for such uses do not occur simultaneously."
As shown on Tables 3 and 4, the site is deficient parking at all times during the week
and weekends. The deficiency is lower on the weekends as some of the existing office
and retail uses are closed. Peak hours for restaurants of this type are typically during
the lunch and dinner meal periods. Although the nightclub is proposed to open at 9:00
PM, peak hours for a nightclub use are typically later in evening (after 10 PM). The
proposed multi -use venue will have variable peak hours but peak hours will likely be
between 9:00 AM and 4:00 PM, as the location of the establishment in a commercial
area will cater to business clients. It can also be expected that the multi -use venue will
also experience high use during weekend afternoons and early evenings for private
parties and other special events. Because of the magnitude of the deficiency in parking,
i- staff considered a reduced project. If the multi -use venue is not authorized, and the
"nightclub is, there will be no deficiency of parking in the AM, a deficiency of 14 parking
spaces after 11:00 AM during lunch, no deficiency during the dinner hours after 6:00 PM
due to other businesses on site closing. A deficiency of 103 parking spaces after 9:00
PM occurs when the nightclub and both restaurants are operating simultaneously.
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nilosun of Newport Beach
May 8, 2003
Page 9
Staff believes the fourteen space deficiency during lunch hours is acceptable due to the
potential for walk -in trade from surrounding business offices and some internal capture
of parking demand with other uses on -site will take place as patrons of other business in
the center dine at the proposed restaurants. The on -site deficiency of 103 parking
spaces after, 9:00 PM, when the nightclub opens is partially mitigated due to the
expected reduction in restaurant demand as people typically dine between the hours of
6:00 PM and 10:00 PM, and the fact that nightclubs generally do not experience 100%
percent occupancy until after 10:00 PM. Another factor to consider is that the applicant
has stated that the nightclub will typically operate Thursday through Sunday (or less),
with occasional other nights seasonally nights thereby reducing the number of days
during the week that parking could potentially be impacted. Therefore, staff believes that
this finding can be made for approval of the parking waiver for the two restaurants with
the business hours as proposed by the applicant and the use of the nightclub /multi use
venue after 9:00 PM only, based on the staggered hours of operation of the existing
uses on the site and the proposed uses.
3. "A parking management plan for the site has been approved by the Planning
Commission..."
A parking management plan has not been prepared for the site and surrounding
properties. However, the project has been conditioned to require that a parking
management plan be prepared, reviewed and approved by the City Traffic Engineer and
Planning Department prior to the issuance of building permits. Staff believes that this
parking management plan will assist in ensuring the available on -she parking is used in
the most efficient and effective manner possible. Additionally, the parking management
plan will assist regulating off -site parking pledged by the property owner and the
potential for the use of valet parking to other off -site locations under the same
ownership during evenings and on weekends should parking shortages occur.
4. 'The Planning Commission makes the following findings: a) The parking demand
will be less than the requirement in Section 20.66.030. b) The probable long -term
occupancy of the building or structure, based on its design, will not generate
additional parking demand."
Staff has no reason to believe that the parking demand will be less than required;
however, some walk -in trade and some internal trip capture should occur, it is not likely
that these factors will reduce parking demands to meet provided parking without taking
into consideration the staggered hours of operation of the various uses. Additionally,
} .. findings in support of "b" cannot be made.
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
11
Mosun of Newport Beach
May 8, 2003
Page 10
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, cremes or arrests
in the reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential
districts, day care centers, park and recreation facilities, places of
religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with
the necessary data and analysis to make the required findings, each of the factors is
discussed as follows:
1. Public Convenience or Necessity. City Council Policy K -7. states that the public
convenience or necessity will not be served with the approval of a new, upgraded or
transferred license for a bar or nightclub within an area where the number of crimes
exceeds the Citywide average by 75% or more. The project includes bar areas within
two proposed restaurants and a nightclub. The number of reported crimes within Police
Reporting District No. 34 (RD map attached as Exhibit No. 4) exceeds the citywide
average by 35% and therefore Council Policy K -7 does not preclude the City from
making the determination that the proposed nightclub would serve the public
convenience or necessity. The sale of alcohol within a full- service restaurant and a
nightclub environment is expected by the public. Therefore, approval will serve the
public's convenience as opposed to the necessity.
2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year
2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District (RD) No. 34. The part one crime rate for RD 34, two
adjacent RD's, City, California and National averages are shown in the following table .
for comparison.
RD No. 34: 981250.00 Ci Average:
It must be noted that the crime rate is based on crimes per 100,000 people and since
RD 34 encompasses the airport area, which is 100% commercial and has a zero
population, the crime rate figure is drastically skewed. Considering the significant
`"i
3770.24
RD No. 35:
2925.53
California:
3739.70
RD R. 36:
1761.40
1 National:
4124.00
It must be noted that the crime rate is based on crimes per 100,000 people and since
RD 34 encompasses the airport area, which is 100% commercial and has a zero
population, the crime rate figure is drastically skewed. Considering the significant
`"i
Mosun of Newport Beach
May 8, 2003
Page 11
daytime population of the area, the Police Department doesn't believe the area to have
a high crime rate.
During 2001, the number of Part One Crimes in RD No. 34 was 157 and the number of
Part Two Crimes was 129. Adjacent Reporting Districts are Nos. 35 and 36. RD No. 35
had 88 Part One and 57 Part Two Crimes; and RD No. 36 had 77 Part One and 124
Part Two Crimes. During this period, this reporting district experienced 35.70% more
crimes than the City average. It should be noted that RD 34 is primarily commercial and
RD's 35 and 36 are primarily residential.
3. Over Concentration. The approval of the proposed project may result in an
increase of one ABC license if the Type 47 license the applicant intends to purchase
form the Coco's restaurant is not adequate to cover the nightclub portion of the project
and ABC requires the operator to obtain a Type 48 license for Club M. There are a total
of 26 active ABC licenses within RD No. 34. Due to the non - existent residential
population in RD No. 34 any comparison to other areas based upon population would
be misleading. Using a license per RD or license per acre comparison would also be
misleading given that RD's vary in area and land use. However, considering the daytime
population, 26 ABC licenses does not appear to be high. Finally, the Police Department
has not indicated that they believe the area to be over concentrated.
4. Alcohol Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were 9 driving under the
influence'arrests and 6 plain drunk arrests within RD No. 34 in 2001. The percentage of
alcohol related arrests within RD No. 34 are .85 %. By comparison, RD's 35 and 36 had
15 and 14 alcohol related arrests respectively.
The sale of alcohol in the restaurants is ancillary to the restaurant use and although
both have an actual bar, and a cocktail lounge in the case of Mosun Sushi, the
establishments are not intended to operate primarily as a bar, and food service will be
offered during all hours of operation.. The sale of alcohol in conjunction with the
nightclub supports its primary use as a barinightclub and the Police Department has
expressed concerns regarding the probable increase in alcohol related crimes
associated with that use.
5. Adjacent Uses. The site is located within a commercial area near the John
Wayne Airport. Surrounding uses are dominated by retail commercial and general
office. The only potential sensitive land use is the Radisson Hotel, which has
,%approximately 339 rooms. There are no residences, day care centers, schools, or park
"' and recreation facilities in the vicinity of the project site.
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
RN
a
Mosun of Newport Beach
May 8, 2003
Page 12
Department cited several concerns with the proposed project that focused on the
nightclub use. These concerns included noise, occupancy, the use of private "VIP"
rooms or lounges and alcohol related crimes and disturbances. The applicant provided
a draft security plan (Exhibit No. 6), which also has been reviewed by the Police
Department. Although the Police Department believes that the proposed use may
create an increased demand for law enforcement services, a list of recommend
conditions was provided. These conditions, or slight variations thereof, have been
included in the draft Planning Commission resolution. Additionally, staff has included a
condition of approval (No. 27) requiring the applicant to obtain approval of a final
comprehensive security plan from the Police Department and implement said plan for
the life of the use permit.
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. The development standards include
specific requirements for site requirements, building setbacks, parking and traffic
circulation, walls surrounding the restaurant site, landscaping, exterior illumination,
underground utilities, and supply and refuse storage. Section 20.82.040 D of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if strict compliance is not necessary to achieve
the purpose or intent of the standard.
Development Standards
al
REQUIREMENT
PROPOSED
Site:
Site shall be of sufficient size and configuration to
Partially Complies. The site is an existing development
satisfy all requirements for off -street parking, setbacks,
that generally meets the restaurant development
curb cuts, walls, landscaping and refuse storage as
standards except that during some hours of operation the
roNded 40 of the Municipal Code.
minimum number of parking spaces is not provided.
Setbacks:
The (3ty may rstabfish more restrictive setbacks If it Is
Mn
Complies. The proposed uses are to be located in an
determined that it is necessary or desirable for the
existing structure that meets the required setbacks.
protection of the public health, safety or welfare or to
insure the compatibility of uses an contiguous
oronerbes.
Off - Street
Off-street parking in accordance with the provisions of
Modification Sought. The site provides 193 parking
pwkfv
Chapter 20.66 of the Municipal Code
spaces for all uses, which Is below the number of spaces
required by the Zoning Code. The applicant has
requested a waiver for a portion of the required off - street
parking,
Circulation:
Parking areas and driveways to facilitate traffic and
Complies. The project was reviewed by the Public
circulation of vehicles on and around the facility and to
Works Departrrcent who conditioned the project to not
Provkle ate slaht dearances.
change the current parking tot
Walk:
A solid masonry wall 6 feet high shall be erected on all
Complies. The approval of Use Permits 1588(A) and
interior property fines of the subject property. Walls 3
1804(A) in 1988 Included a determination the site to be in
W in height shall be erected between the on -site
substantial oonpliance with this development standard.
rkin areas and the ,bhc right-of-way.
landscaping:
10°/a of entire s8e, 3-foot wide landscape area shall be
Complies. The approval of Use Permits 1588(A) and
Provided to screen the paridng area from the pubtrc
1004(A) in 1988 included a determination the site to I in
right -of -way. A Moot vride landscape area adjacent to
substantial compliance with this development standard
the interior property lines shall be provided.
al
bosun of Newport Beach
May 8, 2003
Page 13
Environmental Review:
This project has been reviewed and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
Public Notice:
r 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 the location of the site in the airport area and the lack of residential uses
in the vicinity makes this a good location for the proposed project. Staff believes the
findings for the Use Permit for the two restaurants and nightclub, all with alcoholic
beverage service and the waiver of a portion of the required off - street parking can be
made. However, due to the shortage of the parking during the day staff does not
support the operation of the multi -use venue when the other businesses on site are
open. Staff cannot support the use of the nightclub area for other assembly uses
outside the proposed operating hours of 9:00 pm — 2:00 am without more evidence
supporting the availability and practical usefulness of parking.
Alternatives:
Since the project involves four separate potential operations, the Commission has
<several options.
1. The Commission may accept staffs recommendation and approve the two
restaurants and nightclub based on the findings and conditions of approval
included in the draft Planning Commission Resolution (Exhibit 1). This option
does not include approval of the multi =use venue during the day.
W
REQUIREMENT
.PROPOSED
Lighting:
Parking lot and site Illumination height and Intensity; to
Complies. The existing lighting on the subject property
minimize the reflection of lights to the streets and
does not appear to pose a problem to adjacent
neighboring properties.
properties. New lighting associated with the proposed use
Is required to adhere to this requirement.
utifdies
All utilities required to be under grounded.
Complies. The project site is served by underground
utilities.
Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of suplMis is
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. A condition of approval has been included to
from view by a solid masonry wall B feet in height with
require the existing trash storage area to comply with this
s04oclang gates.
I requirement
Environmental Review:
This project has been reviewed and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
Public Notice:
r 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 the location of the site in the airport area and the lack of residential uses
in the vicinity makes this a good location for the proposed project. Staff believes the
findings for the Use Permit for the two restaurants and nightclub, all with alcoholic
beverage service and the waiver of a portion of the required off - street parking can be
made. However, due to the shortage of the parking during the day staff does not
support the operation of the multi -use venue when the other businesses on site are
open. Staff cannot support the use of the nightclub area for other assembly uses
outside the proposed operating hours of 9:00 pm — 2:00 am without more evidence
supporting the availability and practical usefulness of parking.
Alternatives:
Since the project involves four separate potential operations, the Commission has
<several options.
1. The Commission may accept staffs recommendation and approve the two
restaurants and nightclub based on the findings and conditions of approval
included in the draft Planning Commission Resolution (Exhibit 1). This option
does not include approval of the multi =use venue during the day.
W
Mosun of Newport Beach
May 8, 2003
Page 14
2. The Commission may conclude that the nightclub in conjunction with the
proposed restaurants could create parking and circulation problems. In that case,
a reduced intensity alternative should be considered. Options include: limiting
hours of operation or denying the nightclub use or denying one of the two
restaurants because the off - street parking requirements cannot be met.
3. The Commission may conclude that the entire project, including the multiple use
venue, as proposed, meets the intent of the Code and approve the entire
application.
4. The Commission may continue the item and require additional parking demand
analysis to be prepared by a qualified traffic engineer and a parking management
plan be prepared and reviewed prior to taking action on the application.
5. The Commission may determine that the site is not suitable for this type or
intensity of use as proposed and deny the application.
Prepared by:
Gregg B. Ramirez, Associate anner
Exhibits:
a,,
'x
.ytt�.
Submitted by:
Alkt Wk
Patricia L. Temple, Planning Director
Resolution • 00
,t.--I2G4G9-Depadwant RD Map
••
• _
l2rojecA Plans
EXHIBIT NO. 1
DRAFT PLANNING COMMISSION
RESOLUTION NO. 2003-
IjL
RESOLUTION NO. T
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -040 FOR PROPERTY LOCATED AT 4647 MACARTHUR
BOULEVARD. (PA2002 -193)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Mosun of Newport Beach, with respect to property
located at 4647 MacArthur Boulevard, and legally described as Lot 13 Tract 5169, requesting
approval of Use Permit No. 2002 -040 to allow two Full- Service, Low Turnover Eating and
Drinking Establishments, a Nightclub and Multi- Purpose Venue, the sale of alcoholic beverages
for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) and
approval of a modification to the required off - street parking requirements. The site is designated
Administrative, Professional and Financial by the General Plan Land Use Element and
Administrative, Professional and Financial (APF) by the Zoning Code.
Section 2. A public hearing was held on May 8, 2003 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.
Section 3. The Planning Commission finds as follows:
The location for the proposed Eating and Drinking Establishments and Nightclub requiring
this requiring this Use Permit, and the proposed conditions under which it would be
operated or maintained, is consistent with the General Plan and the purpose of the
Administrative, Professional and Financial (APF) Zoning 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 for the following reasons:
a. The location of the restaurants and nightclub is in the airport commercial area.
Surrounding land uses are dominated by retail commercial, professional office and
visitor serving uses. Restaurant and nightclub uses can be expected to be found in this
and similar locations and are complimentary to the surrounding commercial uses.
b. The project site is not located in close proximity to residential districts, day care
r centers, schools, park and recreation facilities or places of religious assembly.
c. The project has been conditioned in such a manner to require strict adherence to
safety and noise regulations. The project design and operational characteristics, as
conditioned, meets the intent of the Zoning Code.
City of Newport Beach
Planning Commission Resolution No.
Pasae 2 of 9
2. The on -site alcoholic beverage service requiring this requiring this Use Permit, and the
proposed conditions under which it would be operated or maintained, 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 for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full- service, sit -down restaurants and a nightclub, which are
complementary to surrounding uses in the airport area: Alcoholic beverage service is
typical and expected by the public in full -service restaurant and nightclub settings;
b. The number of alcohol licenses within the reporting district and adjacent reporting
districts is not significantly high given the nature of the land uses in the district and
when compared with County -wide data. The percentage of alcohol- related arrests in
the police - reporting district in which the project is proposed is lower than the
percentage citywide.
c. The project site is not located in close proximity to residential districts, day care
centers, schools, park and recreation facilities or places of religious assembly.
d. The sale of alcoholic beverages for on -site consumption to be operated in a building
that is designated and zoned for commercial activity. The use has been conditioned in
such a manner to minimize the impacts associated with the on -site sale of alcoholic
beverages. The plans, as conditioned, meet the design and development standards for
alcoholic sales.
3. The required findings for granting a waiver of a portion of the required off - street parking
can be made for the following reasons:
a. The hours of operation of the proposed restaurants, and nightclub uses are such as to
allow shared use of the on -site and off -site parking lots. When shared usage occurs
between a mixture of uses, parking demand is typically lower than is required. The site
and the proposed use will operate in a manner to afford a sharing of parking with other
uses (with different hours) located on the site;
b. Some walk -in trade is expected during midday when parking demand for the two
restaurants will compete with the other tenants in the shopping center.
c. The proposed use will not compete with other tenants for available parking when both
* restaurants and the nightclub are open for business.
d. A parking management plan is required to be prepared and approved by the City
Traffic. Engineer and Planning Department prior to the issuance of building permits.
The applicant is required to implement the recommendations included in the plan and
those required by the Traffic Engineer and Planning Department.
�1.
i
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 9
4. The required findings for granting a waiver of a portion of the required off - street paf#ing
for the use of the multi - purpose venue outside the normal operating hours of 9:00 pm thru
2:00 am cannot be made for the following reasons:
a. Parking availability is anticipated to be insufficient when the restaurants and other
businesses on -site are operating simultaneously, especially during the morning,
afternoon and early evening hours.
b. The use of this facility causes the site to be deficient of the required off - street parking
at all hours, seven days a week.
c. Patrons attending events at the multi - purpose venue will typically be there only for that
event and will not contribute to walk -in trade.
The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Facilities). This categorical
exemption allows for the repair, maintenance and minor alternation of an existing building.
This exemption includes interior and exterior alterations.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2002 -040 subject to the Conditions of Approval set forth in Exhibit W.
Section 5. This action shall become final and effective fourteen days after the adoption
of this Resolution unless within such time an appeal is filed with the City Clerk or this action is
called for review by the City Council in accordance with the provisions of Title 20, Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF MAY 2003.
BY:
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
EXCUSED:
NOES:
2�
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002-040
The development shall be in substantial conformance with the site plan and elevations
dated September 20, 2002 and the floor plan dated April 18, 2003 (revised).
2. Use Permit Nos. 2002 -040 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
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. 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.
5. Any change in operational characteristics, hours of operation, expansion. in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
6. The applicant shall comply with all 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.
7. 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.
8. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the
Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if
located adjacent to the vehicular ingress and egress.
9. 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:
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 9
10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans
is for an Eating and Drinking Establishment or restaurant and does not authorize the
use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational
entertainment venue.
11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a
nightclub or event assembly use.
12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted
on the approved set of plans, shall be 7:00 am to 1 :00 am daily.
13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as
depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily.
14. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as
depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily.
15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as
depicted on the approved set of plans, upon receipt of a Live Entertainment Permit
issued by the City Manager.
16. Dancing is permitted in the nightclub (Club M) portion of the facility only.
17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of
plans, unless authorized by a special events permit or an amendment to the Use Permit.
18. Background music shall be limited to indoor areas only
19: A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved pproved 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.
IN
Between the hours of
Between the hours of
7:OOAM and
10:00PM and
10:OOPM
7:00AM
Location
Interior
I Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA I
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
6odBA
10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans
is for an Eating and Drinking Establishment or restaurant and does not authorize the
use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational
entertainment venue.
11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a
nightclub or event assembly use.
12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted
on the approved set of plans, shall be 7:00 am to 1 :00 am daily.
13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as
depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily.
14. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as
depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily.
15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as
depicted on the approved set of plans, upon receipt of a Live Entertainment Permit
issued by the City Manager.
16. Dancing is permitted in the nightclub (Club M) portion of the facility only.
17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of
plans, unless authorized by a special events permit or an amendment to the Use Permit.
18. Background music shall be limited to indoor areas only
19: A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved pproved 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.
IN
City of Newport Beach
Planning Commission Resolution No.
Paae 6 of 9
20. 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.
21. Full meal service shall be provided during all hours of operation for both restaurants.
22. Strict adherence to maximum occupancy limits is required.
23. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
24. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited in unless there is an emergency.
25. All doors and windows of the entire facility shall remain closed at all times except for
the ingress and egress of patrons and employees.
26. All exits shall remain free of obstructions and available for ingress and egress at all
times.
27. Prior to the final inspection of building permits and the issuance of the certificate of
occupancy, the applicant shall submit a comprehensive security plan for the permitted
uses for review and approval by the Newport Beach Police Department. The procedures
included in the plan and any recommendations made by the Police Department shall be
implemented and adhered to for the life of the use permit.
28. 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.
29. The type of alcoholic beverage license issued by the California Board of Alcoholic
°{ Beverage Control for the restaurant uses 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
�a �
City of Newport Beach
Planning Commission Resolution No. _
Page 7 of 9
beverage license shall be subject to the approval of an amendment to this application
and may require the approval of the Planning Commission.
30. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control for the nightclub use shall be a Type 48 (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.
31. 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.
32. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the ABC license.
33. Should this business or alcohol license be sold or otherwise come under different
ownership or control, any future owners, operators or assignees shall be notified 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.
34. The quarterly gross sales of alcoholic beverages in the approved restaurants 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 Department on demand.
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. The number of plumbing fixtures in the public restrooms shall comply with the Uniform
Building Code (Appendix 29A).
38. A grease interceptor of adequate size may be required in association with food
preparation activities pursuant to the Building Code.
City of Newport Beach
Planning Commission Resolution No. _
Paae 8 of 9
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 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. Prior to the final of building permits, the location of maximum occupancy postings in
section of the building /patios shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel.
42. Prior to the final of building permits, the refuse storage facilities should be upgraded to
meet the requirements specified by Title 20 by providing self - locking gates.
43. Alterations to the interior of the existing structure may require alteration to the existing fire
sprinkler system. Plans and permit application must be submitted fro the alteration of the
automatic sprinkler system prior to the issuance if building permits.
44. 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.
45.. A manual fire alarm system is required. If the occupant load exceeds 1,000 persons, an
approved pre - recorded message announcement using an approved voice
communications system shall also be required.
46. Prior to the issuance of building permits, plans for the installation of the fire alarm system
h_ must be submitted to the Newport Beach Fire Department for review and approval.
47_ 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.
P
City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 9
48. Prior to issuance of a Building Permit, the applicant shall prepare a final parking
management plan subject to review and approval by the City Traffic Engineer. The
parking management plan shall include a parking lot signage plan if reserved spaces
are proposed for any tenants. The parking management plan shall also include a
statement that no recreational vehicles, boats, or similar vehicles shall be stored any
time at the subject site. The applicant shall comply with all of the City's property
maintenance laws and ordinances. The parking management plan shall be
implemented at all times.
49. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant has rights to park. If, in the opinion of the Planning Director, the proposed
use creates parking congestion at the site the applicant shall immediately resolve the
congestion problem by reducing attendance until the parking congestion is eliminated
and parking is properly managed. The Planning Director has the discretion to require
the preparation of a revised parking management plan and/or require valet parking on
an off -site location.
3`�
EXHIBIT 2
May 8, 2003 Planning Commission meeting minutes
3C9
City of Newport Beach
Planning Commission Minutes
,May 8. 2003
INDEX
ratio ends up with a 1.298 floor area to land area ratio. The typical lot in the block is
a 1.375 floor area to land area, I do not have a problem with the size of the house.
Commissioner Toerge noted that typically public notice signs are on the site. Do you
know where.thev were located on the site?
Ms. Temple answered that the person posting the properly posted the property
directly across the "street. However, the Code does not require on -site posting. It
does require that posting be near by. Staff determined that the posted notice was
sufficient because you bouid see the posted sign from this property and you could
also see the property from Ilh.,e location of the notice.
Commissioner Toerge noted thbt anytime a variances to setbacks is requested, he
likes to hear from the neighboring' property owners. He drove to the site and did not
see any signs on it and wonders if th6-neighbors were aware and know that there is
an encroachment requested in the si6e yard setback that may potentially be to
their detriment or benefit, but they are not hear to express their view.
Ms. Temple answered that everyone within 300 feet of the property received a
direct mailed notice: we received the notice bcCk' di
from the neighbor immediately
next door. A new public notice with a copy of the *off report was delivered to that
person's mail box. No correspondence was received brl this matter.
Motion was made by Chairperson Kiser to approve Variance No. 2002 -008 and
Modification Permit No. 2003-033 (PA2002 -235) based brj the findings and
conditions of approval with the following changes: conditi6h,10, 'The structure
shall maintain a right side setback of 4.5 feet at the first Boor, 4 f�egt at the second
and third floors and 3 feet for roof eaves. The structure will remain'l# a same size,
the setbacks will shift to comply with as much as possible the setbacks ,\
Ayes: Toerge, Agajanian, Kiser, Gifford, Selich, Tucker
Noes: McDaniel
awe
SUBJECT: Mosun of Newport Beach (PA2002 -193) I Item 4
4647 MacArthur Blvd. y PA2002 -143
Request to permit two new restaurants with alcoholic beverage service and a night Approved
club /multiple use venue with alcoholic beverage service and live entertainment.
Also included in the application is a request to waive a portion of the required off -
street parking.
Gregg Ramirez, Associate Planner gave a slide overview of the properties along with
an aerial photograph of the general area. He noted the entrances, patio areas,
queue area, rear of buildings, loading dock proposed to be an outdoor patio, and
trash enclosure.
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City of Newport Beach
Planning Commission Minutes
May 8, 2003
At Commissioner inquiry, it was noted that:
• The aerial photograph was taken in May 2001 when the Coco's restaurant
was opened and Tibby's was closed.
• The applicant is not required to adhere to the G policy as that relates only
to City trees. However, if any trees are determined to belong to the City, the
applicant would have to abide by the Gl policy.
Public hearing was opened.
Chairperson Kiser noted that an e-mail had been received by the Commission from
Capt. Tim Newman with an update of the crime statistics in police reporting district
number 34.
Brett Korman, STTR Architects, representing the applicant, noted that the applicants
accept the conditions of approval; however, asked about condition number 48. He
noted that they had proposed in the club /multi -use portion of the floor plan to be
able to have corporate events during the day. They feel they have the opportunity
to have seminars and lectures and other corporate uses during the day. We
understand staff's concern with the parking during the peak times. The applicant
would like to have the ability to come back and amend the operating hours for this
nightclub /multi -use area if we can show that parking is provided through both on-
site and off -site agreements with the landlord.
John Saunders, landlord and property owner, noted that to the extent that the off -
site parking is required by staff recommendation, he would put this in the form of an
easement or whatever form is required to make sure that it stays longer than his
ownership of the properties.
Chairperson Kiser asked if any parking study had been done of what these uses
would require.
Mr. Saunders answered:
• That as his office is on the premises, he observes the parking lot quite a bit
during the day.
• He is very careful with his lessees as this is his livelihood;
• He had visited this business at their previous address and looked at the
parking requirement.
• During the day when Coco's was opened, parking was adequate.
• He has structured the lease for this new use occupancy at or less than what
Coco's was using (restaurant space),
• He feels confident there will be sufficient parking.
• There have been numerous complaints about not having a restaurant there
on site since Coco's closed.
• Tibby's was allowed to have minimum lunches in the early '90's.
• He has been a leaseholder since 1990 and purchased the fee land from the
Irvine Company in 1992.
• He then enumerated his ownerships referring to the aerial map pertaining to
the potential parking arrangements with nearby off -site lots.
INDEX
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City of Newport Beach
Planning Commission Minutes
May 8, 2003
Commissioner Kiser noted that there would probably be parking by patrons on those
non -owned properties as well unless there is some parking management plan to
prevent them from doing that.
Mr. Saunders noted that there is a system of easements that tie ail five properties
together for access and egress. If there was a parking plan, we would work
something out. There has not been a problem in the past ten years with overflow
parking.
Public comment was closed.
Chairperson Kiser noted his concern with the project as proposed without enough
parking and the request to waive some of the parking. He suggested that a parking
study be done and a proposed off site parking agreement that ties the properties
together and a parking management plan that ties in to the findings of the parking
study for the Planning Commission to consider. Because of the nature of uses, I
would not be comfortable passing this along with just a condition that a parking
management would need to be adequate and approved by others.
Ms. Temple suggested additional language for condition 14 that would add what
would be necessary to do the off -site parking agreements that are the only tool
available to put the City in as a player on the long term maintenance of those
agreements that must be approved by the Planning Commission. You could
accomplish this and not need to amend the use permit further by adding to
condition 14, 'These hours may be expanded to 6 a.m. to 2 a.m. upon submfffol and
approval of a parking management plan and related off-site parking agreements
by the Planning Commission.' That way only the parking plan and agreements
need to come back, not the use permit. Additionally, she noted that staff omitted a
condition that would authorize the use of valet parking, which is appropriate for a
use of this nature, so suggested an added condition to read, 'A valet parking Is
allowed upon approval of the Public Work Department'
At Commission inquiry, Ms. Temple noted that the Planning Commission must
approve off-site parking agreements. There is no way under the Code to do what
the applicant is proposing. We can structure it in a way that only the parking
agreements are subject to consideration. That would allow the applicant to go
forward with the project, perhaps even get some of it under operation if they chose
and then do a parking study with the uses on site and have justifiable case in that
regard.
Commissioner Selich noted that staff has the expertise to deal with the parking
management plan. Since the parking agreement has to come back to the
Planning Commission for approval then we might as well as have the parking
management plan going back. I am in support of the project with the change to
condition number 14 and the addition of condition number 50.
INDEX
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City of Newport Beach
Planning Commission Minutes
May 8, 2003
INDEX
At Commission inquiry, Ms. Temple noted that the properties under the direct control
of the property owner tend to be quite busy already during the normal week days.
However, an off -site parking agreement does not have to be just with properties
owned by this property owner. If he can find other properties that in toto can be
looked at and find both sufficiency and function to serve the use at the proposed
hours of operation through off -site parking agreements then that would be
something that could be approved by the Planning Commission.
Commissioner Tucker referring to the aerial photo noted that the parking is fairly well
utilized on all the properties. The applicant could theoretically not be able to show
where he is going to get the parking spaces for operations during the week, but he
may just come back and say he wants the right to run different hours on Saturday
and Sunday.
Ms. Temple answered that is entirely possible. Even absent the corporate activities,
there could be weddings, Bar Mitzvahs, private parties, etc. to enhance the business
on Saturdays and Sundays. My draft language would allow the applicant to only
come back with the parking and not have to re- address the use permit.
Discussion followed on conditions 49 and the proposed 50. They are based on the
opening of the multi venue /nightclub area only after 9:00 p.m. There are still parking
shortages on site various times during the day, which the applicant and properly
owner are saying that they could utilize on space available basis and that would be
acceptable with a parking management plan. It gives the Planning Director the
ability within that context to look at revisions to the parking management plan in
order to assure that the operation is adequate. They could submit a parking
management plan and if after a while we find It is not working right, we can bring it
back at staff level. If it is not working for whatever reason, then it could be brought
back for revisions.
It was then agreed that in condition 48, wording would be, 'Prior to issuance of a
Building Permit, the applicant shall obtain an approved parking management plan
subject to review ........
Commissioner Gifford noted that the Planning Director has the discretion to require
the preparation of a revised parking management plan and /or require a valet
parking on an off -site location. Condition 50 says the valet parking is okay if there is
a valet parking plan authorized or approved by the Traffic Department; who really
approves if?
Ms. Temple answered that the Public Works Department approves the valet parking
plans. The Code requires the Planning Commission to authorizes the use of valet
parking and that is what condition 50 is intended to do. Following a brief discussion,
staff will rearrange the conditions to show authorization and then implementation of
the parking requirements.
Commissioner Gifford then asked about the language on condition 49 about, the
10
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City of Newport Beach
Planning Commission Minutes
May 8, 2003
Ms. Temple noted that staff was considering the ones that he actually owns as he
does not control the use of the parking without the agreements from other
associated owners.
Commissioner Tucker noted that the question is, how are those rights vested? He
says he has the right to park, but this will go on forever. How are those rights
demonstrated? How does one have the rights to park that the City recognizes? He
may have the rights, but if he hasn't committed by way of a written agreement,
then how?
Commissioner Gifford added, or if the rights are committed by lease to lessees on
pieces of property he does own.
Following discussion it was agreed that in condition 49, the language shall be, "All
parking on conjunction with this use shall be confined to the parking lots over which
the applicant has written rights to park. If, in the opinion of the Planning Director......'
Motion was made by Commissioner Selich to approve Use Permit No. 2002 -193
with modifications to the conditions of approval.
Public comment was opened.
Captain Tim Newman stated that the email he sent to the Commission reflects the
most current information added to the staff report.
Mr. Brett Korman, representing the applicant, noted that to be brought back to
the Commission is the shared parking agreements as described. Not necessarily
the parking plan, is that correct?
Ms. Temple answered that the Commission's action tonight would:
• Approve the use permit and authorize the use as requested on this site.
• It would allow the operation of all the uses within the hours of operation
recommended by staff in the staff report.
• It would further authorize that an expansion of the hours of the multi use
venue /nightclub area to the applicant's requested hours upon submittal of
a parking management plan and related off -site parking agreements, all
subject to the approval of the Planning Commission.
• The information provided in the parking management plan would provide
the facts as to the appropriateness of those agreements.
• Just the portion of the parking management plan necessary to support the
expansion of the hours needs to be brought back to the Planning
Commission.
Public comment was closed.
Commissioner Tucker asked about condition 18 and following a brief discussion it
it
INDEX
ab
City of Newport Beach
Planning Commission Minutes
May 8, 2003
was decided that it would read, 'No background music shall be
outdoor areas.' Condition 30 should say 'nightclub'.
Public comment was opened.
Captain Newman, at Commission inquiry, explained condition 23 reference to
'VIP' rooms. This condition does not address concerns of a banquet room where
a group would go for a gathering, rather the Police Department's concern is the
creation of inner perimeters inside a business. The police can not inspect what
you might expect people to do within those rooms. For a public safety employee
they would not be able to get into the room without going through some layers of
whatever 'vip' controls are in place by the establishment. We have run into similar
problems in other locations and we want to avoid our inability to access areas. If
we can't see, we can't inspect and have no real ability to control whatever
activity might be going on.
Public comment was closed.
Commissioner Selich as the maker of the motion, agreed to the previous .
suggested changes to the conditions.
INDEX
Ayes: Toerge, Agalanian, McDaniel, Kiser, Gifford, Selich, Tucker
•ss
SUBJECT: Discussion of Agenda - Addition of Consent Calendar Item No. S
Gi3edireciion to staff on whether addition of a Consent Calendar is desired, and, if
so, idett#Q the categories of applications which should be considered for inclusion
on the Coff3ent Calendar.
Commissioner Tuckeqnoted the following:
• Supports the a 'tion of a consent calendar to the agenda.
• Supports a code arqpndment so that beer and wine ABO use permits do
not come to the Plan ' g Commission either as the Commission sees so
many things that they do need to be involved with.
• He would like to discuss the chanics as to how the consent calendar
would be determined, which he oposes is a recommendation by the
Planning Director to the chairman. I y agree an item should go on the
consent calendar, then it will.
• The Commission has a fair amount of items o the course of the year that
really do not need anytime and it would be nic o 'tee them up' at the
front of the meeting and move along.
Commissioner McDaniel agreed and noted that anybody can pull item off the
consent calendar.
At Commission inquiry, Ms. Temple noted that the City Manager determines
12
v
EXHIBIT 3
Police Department report
%A-V
City of Newport Beach
Police Department
Memorandum
August 2, 2005
TO: Jaime Murillo — Staff Planner
FROM: Detective Tom Voth
SUBJECT: Cafe Panini — PA2005 -155 (Use Permit No. 2002 -040 Amendment)
At your request, our office has reviewed the Extended Hours Request for Ten Restaurant
Group /Cafe Panini 4647 MacArthur Blvd., Newport Beach.
Location Histonr:
This Conditional Use Permit was established by the Newport Beach Planning Commission by
Resolution 1600 on May 8"' 2003, C.U.P. Permit #2002 -040 (PA2002 -193). The C.U.P.
includes the operation of two restaurants and a nightclub / multiple use venue with live
entertainment and full alcoholic beverage service. This is a large operation with a capacity of
171, including two outdoor patios. The location opened for business in early January 2005.
The applicant requests an extension of hours for the Cafd Panini from 1:00 a.m. to 4:00 a.m.
The Police Department is required to spend a substantial amount of time and resources
policing areas where alcohol related problems occur. These problems include public
drunkenness, noise complaints, argument mediation, driving under the influence of alcohol
enforcement, assaults, thefts, narcotic related offenses and public offenses including
urinating in public.
Extending the hours of a restaurant directly connected to a nightclub inherently allows many
alcohol related problems to continue to tax police resources, especially if patrons from other
nightclubs arrive to continue socializing, even if alcohol is no longer being served. The
transitional time between alcohol service and the absence of alcoholic beverages is also all
but impossible to control, and the ready availability of an "after hours" establishment at the
same location can only encourage excessive alcohol consumption prior to termination of
service.
Cafd Panini (PA2005 -155)
Page 2 of 2
Additionally, allowing this type of business model through the modification of the Conditional
Use Permit could induce other alcohol establishments to submit requests for similar
modifications to their Conditional Use Permits, which could have a significant impact on calls
for service, especially in areas of higher ABC license concentration. The Police Department
is recommending that the application for extended hours at this location be denied.
If you may need any additional information, please do not hesitate to contact Tom Voth at
644 -3709.
Approved by:
/�/ /d-v" 4 z
M. Hyams, Captain
Detective Division Commander
4tk
EXHIBIT 4
Findings for denial
q5
Findings for Denial
Amendment to Use Permit No. 2002 -040
(PA2005 -155)
The granting of a use permit to extend the closing hour of Panini Mediterranean
Cafe from 1:00 AM to 4:00 AM will be detrimental to the health, safety, peace,
comfort and general welfare of the City for the following reasons:
a) A substantial amount of time and resources are spent policing areas where
alcohol related problems occur, and by extending the hours of operation of the
restaurant adjacent to a nightclub, alcohol related problems may further tax
police services.
b) An increased demand on law enforcement services is anticipated and may
require the repositioning of patrolling officers from other areas of the City, thus
reducing adequate enforcement in those areas.
Al