HomeMy WebLinkAboutBlackies by the Sea (PA2004-058)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
May 6, 2004
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gram irez (c_city.newport- beach.ca.us
SUBJECT: Blackie's by the Sea
Use Permit No. 3607 (Amended) (PA2004 -058)
2118 West Oceanfront
APPLICANT: Les Bobbitt, Blackie's by the Sea
REQUEST:
The applicant requests approval of an amendment to Use Permit No. 3607 to extend the
permitted hours of operation of an existing bar from 10:OOAM — 11:OOPM Sunday through
Thursday and 10:OOAM — Midnight Friday and Saturday to 10:OOAM — 1:OOAM seven days
a week. No physical improvements or alterations are proposed.
DISCUSSION:
Background:
Blackie's by the Sea has been operating as a bar in this location since the early 1950's.
Blackie's is located on West Oceanfront near McFadden Square and the Newport Pier.
The area is characterized by visitor and resident serving uses with a high concentration of
restaurants and bars. Blackie's occupies approximately 1,875 square feet on the lower
level of a mixed -use commercial /residential building with several dwelling units located
above the bar.
At it's meeting of March 10, 1997, the City Council reviewed an appeal by Blackie's by
the Sea following the refusal of the Police Chief to issue a determination of public
convenience and necessity for a request to upgrade their liquor license from a Type 42
(Beer and Wine) to a Type 48 (Full Liquor). The City Council granted the appeal and
instructed the Police Chief to issue a determination of public convenience and necessity
if the applicant obtained a Use Permit in order to establish conditions of approval
consistent with the operational characteristics of the existing bar. The City Council
required that the Use Permit include the following conditions of approval:
Blackie's by the Sea
May 6, 2004
Page 2
• The establishment shall close at 11:00 p.m. on weekdays and midnight on Friday
and Saturday.
■ No live entertainment or dancing is permitted.
• No noise audible from beyond the premises.
■ No additional video games or pool tables.
At it's meeting of April 24, 1997, the Planning Commission approved Use Permit No.
3607, memorializing the existing bar use and including the conditions of approval
required by the City Council. Blackie's by the Sea has since been operating pursuant to
this Use Permit.
Project Overview:
The applicant requests to amend Condition No. 2 of the Use Permit to extend the
permitted hours of operation from 10:OOAM — 11:OOPM Sunday through Thursday and
10:OOAM — Midnight Friday and Saturday to 10:OOAM — 1:OOAM seven days a week. A
change in hours of operation is defined as a "major change in operational characterisitcs"
by Title 20 and therefore approval of an amendment to the Use Permit by the Planning
Commission is required. Since the establishemnet is existing and no change in ABC
license type or expansion of floor area is proposed, the request is not subject to review
pursuant to the Alcoholic Beverage Outlet Ordinance.
Analysis:
General Plan
The Land Use Element of the General Plan designates the project site as Retail and
Service Commercial. Restaurant and bar uses with on -site alcoholic beverage service
and consumption are permitted uses in the Retail and Service Commercial land use
designation.
Zoning Code
The subject property is located within Specific Plan No. 6 (Cannery Village /McFadden
Square) and is designated as Retail and Service Commercial by the Specific Plan,
which also allows mixed commercial and residential uses. Restaurant and bar uses are
permitted within this designation subject to the approval of a Use Permit.
L
Blackie's by the Sea
May 6, 2004
Page 3
BLACKIE'S BY THE SEA
2118 WEST OCEAN FRONT
Current
Development:
Blackie's by the Sea and residential on the second floor
To the north:
Mixed Use (commercial and residential
To the east:
Commercial
To the south:
Mixed Use commercial and residential
To the west:
Public Parking Lot
3
Blackie's by the Sea
May 6, 2004
Page 4
Live Entertainment and Dancing
Live entertainment and dancing are prohibited by the existing Use Permit and is not
proposed at this time. Should the applicant desire to have live entertainment or dancing
in the future an amendment to this Use Permit would be required.
Desian and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants and bars 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:or bars
may be modified or waived if strict compliance is not necessary to achieve the purpose
or intent of the standard. The approval of Use Permit No. 3607 included a waiver of the
development standards pertaining to setbacks, walls, off -site parking and:.traffic control,
landscaping and lighting. In waiving those requirements, the Planning Commission
found that given the location, existing conditions and surrounding development, the
existing bar generally met the intent of the design and development standards or they
were not applicable.
Off - Street parking
The establishment does not provide any off - street parking. The approval: of Use Permit
No. 3607 in 1997 memorialized the establishment and formally waived the off - street
parking requirements based on the proximity to municipal parking lots. Staff believes the
increased hours of operation will not affect off - street parking demand as spaces in the
municipal lot become more readily available in the late evening and early morning
hours.
Alcoholic Beverage Outlet Ordinance
The establishment currently holds a Type 48 (On -Sale General Public Places (Bar,
Night Club) Alcoholic Beverage Control (ABC) license. No change in ABC license is
requested at this time and therefore the ABO ordinance is not applicable to this request.
The Police Department has, however, provided a full Alcohol Related Statistics report
(Exhibit 3) typical of an application subject to the ABO ordinance. The report indicates
that Reporting District No. 15 has 72 active ABC licenses which, equates to 1 license
per each 39 residents that is high when compared to the Orange County average of 1
active ABC license per each 592 residents. Additionally, RD 15 accounted for almost
one -third (30.66 %) of all DUI /Drunk arrests made in the entire City during 2003. It must
be noted that RD 15 encompasses the McFadden Square /Newport Pier area and
Blackie's by the Sea
May 6, 2004
Page 5
Cannery Village which are major destination points for residents and visitors alike and
has a high concentration of bars, lounges and restaurants as compared to other areas
within the City.
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a comprehensive report,
which is attached to this staff report as Exhibit No. 3. In their report, the Police
Department has made it clear that they do not support the proposed change in business
hours. Over the past five years Blackie's had 131 reported calls for service for such
issues as public drunkenness, noise complaints, patrons of the establishment driving
under the influence of alcohol, assaults, and thefts. The Police Department believes that
the increase in hours of operation will result in an increase in crime and increased
Police Department activities and calls for service to Blackie's and the Newport
Pier /McFadden Square area in general.
Although the Police Department does not support the increase in hours, they have
provided staff with recommended conditions of approval to help mitigate any potential
impacts caused by the change in permitted business hours should the Commission
approve the request. These conditions include requirements for employee training in
responsible methods for serving alcoholic beverages and a requirement for the
development and implementation of a security plan. The recommended conditions of
approval have been incorporated into the attached draft Planning Commission should
the Commission grant approval of the amendment.
In addition to concerns related to increased crime and Police Department calls for
service is whether or not the change in hours is detrimental to the residents living above
the bar. The primary issue would be noise from within the bar as well as patrons and
employees leaving the establishment at closing.
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 Hall and on the city website.
5,
Blackie's by the Sea
May 6, 2004
Page 6
RECOMMENDATION:
The Commission has two options with this application:
1. The Commission may determine that any potential detrimental affects created by
the extended hours of operation can be minimized through the implementation
and compliance with the conditions of approval included in the draft resolution
and approve the request by adopting the attached draft resolution included as
Exhibit No. 1. The resolution includes all conditions of approval (or updated
versions thereof) from the initial approval of Use Permit No. 3607 and several
added at the request of the Police Department (Nos. 21 -25).
2 The Commission may determine that by allowing the requested extended hours
of operation the bar would have a detrimental affect to the City due to the high
concentration of ABC licenses in the reporting district, the corresponding high
number of alcohol related crimes and the proximity of the establishment to
residential uses (upstairs). Findings for denial have been included as Exhibit No.
2.
Prepared by:
s f
Gregg B. R mirez, Associate P nner
Exhibits:
Submitted by:
hfGGC i
Patricia L. Temple, Pla ning Director
1. Resolution No. 2004 -_; findings and conditions of approval
2. Findings for Denial
3. Police Department Report
4. Applicant Correspondence
5. Letters in Support of the Application
6. UP No. 3607 Staff Report and PC Minutes
7. Project Plans
Q
EXHIBIT NO. 1
Resolution No. 2004- ; findings and conditions of approval
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 3607 FOR PROPERTY LOCATED AT
2118 WEST OCEAN FRONT (PA2004 -058)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, An application was filed by Les Bobbitt, on behalf of Blackie's by the Sea,
with respect to property located at 2118 West Ocean Front, and legally described as Lot 6,
Block 21, Newport Beach Tract, requesting approval of an amendment to Use Permit No. 3607
that would authorize a change of business hours allowing the existing bar to operate from
10:OOAM to 1:OOPM daily. The site is designated Retail and Service Commercial by both the
General Plan Land Use Element and the Cannery Village /McFadden Square Specific Plan (SP-
6).
WHEREAS, the proposed conditions under which the bar would be operated or
maintained is consistent with the General Plan and the purpose of the Cannery
Village /McFadden Square Specific Plan (SP -6) in which the establishment is located since the
use is permitted by both the general and specific plan.
WHEREAS, the existing bar was established prior to the requirement of a use permit.
In conjunction with a request to upgrade it's ABC license, the City required and approved Use
permit No. 3607.
WHEREAS, an amendment to Use Permit No. 3607 is required pursuant to Section
20.82.060 (Changes in Operational Characteristics) of the Municipal Code, since the
application proposes to extend the permitted hours of operation.
WHEREAS, a public hearing was held on May 6, 2004 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. The Use Permit application including submitted
plans and other evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting.
WHEREAS, the proposed change in permitted hours of operation of the existing
permitted bar 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:
The existing bar is located in commercial area that includes several other bars
and restaurants that have similar business hours and the area is dominated by
commercial and visitor serving uses. Bar and lounge uses are expected to be
found in this and similar locations and is complimentary to the surrounding
commercial and mixed use area.
i'ij
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 5
2. The existing and recommend conditions of approval require that noise
generated from the facility not be audible off -site. The project design and
operational characteristics, as conditioned, meet the intent of the Zoning Code
and will minimize any adverse impacts on the surrounding area.
WHEREAS, 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). There will be no significant environmental impact as the proposed
project is located in a fully developed area.
NOW, THEREFORE, BE IT RESOLVED
Section 1. The Planning Commission of the City of Newport Beach hereby approves
an amendment to Use Permit No. 3607 subject to the conditions of approval set forth in Exhibit
"A"
Section 2. 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 6th DAY OF MAY 2004.
BY:
Earl McDaniel, Chairman
W3
Michael Toerge, Secretary
AYES:
NOES:
ABSENT:
I
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED USE PERMIT NO. 3607
The development shall be in substantial conformance with the approved site plan and
floor plan dated March 10, 2004.
2. The permitted hours of operation are 10:00 a.m. to 1:00 a.m. daily except that during the
months of December and January when the establishment is permitted to open at 9:30
a.m.
3. The approval is only for the establishment of a bar type establishment as defined by Title
20 of the Municipal Code, with the principal purpose being the sale and service of
alcoholic beverages with incidental food service.
4. 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
5. Live entertainment and dancing shall be prohibited, unless an amendment to this Use
Permit or other required application is first approved in accordance with the provisions of
the Municipal Code.
6. This approval shall not be construed as permission to allow concerts or a theater /night
club as defined by the Municipal Code, unless an amendment to this Use Permit is first
approved by the Planning Commission.
7. The development standards pertaining to parking lot illumination, circulation, walls,
landscaping, utilities, and the required parking spaces shall be waived.
8. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, to advertise the establishment.
9. The bar facility shall conform to the requirements of the Uniform Building Code, including
State Disabled Access requirements, unless otherwise approved by the Planning
Commission.
10. The placement and use of skill games (pool tables or other amusement devices) shall be
in accordance with the provision of Chapter 5.34 of the Newport Beach Municipal Code
and the appropriate permit shall be obtained from the Revenue Manager. Further, the
facility shall be limited to a maximum of 6 skill games and one juke box, as defined by
Chapter 5.34 of the Newport Beach Municipal Code.
f0
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 5
11.All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
12. 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. The operator of the
facility may be required to provide periodic steam cleaning of the public sidewalk s
determined by the Public Works Department.
13. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays or
glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" type fixtures are not permitted. The Planning Director may order
the dimming of light sources or other remediation upon finding that the site is
excessively illuminated.
14. Storage or display outside of the building in the front or rear of the property is prohibited.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. The establishment shall comply with the provisions of Chapter 14.30 of the Newport
Beach Municipal Code for commercial grease disposal.
17. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. That issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
18.A wash -out area for refuse containers and kitchen equipment shall be provided and
the area shall drain directly into the sewer system, unless otherwise approved by the
Building Director and Public Works Director in conjunction with the approval of an
alternate drainage plan.
19. This Use Permit may be reviewed, modified or revoked by the Planning Commission
or City Council 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.
20. Amended Use Permit No. 3607 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.
City of Newport Beach
Planning Commission Resolution No. _
Paae 5 of 5
21. Prior to the implementation of the increased hours of operation, the operator shall post in
a space readily visible to patrons, employees and public safety personnel the maximum
occupancy for the establishment. The operator should contact the Code and Water
Quality Enforcement Division to schedule a site inspection to verify compliance with this
requirement.
22. Prior to the implementation of the increased hours of operation, 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.
23. Prior to the implementation of the increased hours of operation, 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. Records of each owner's, manager's and employee's successful
completion of the required certified training program shall be maintained on the premises
and shall be presented upon request by a representative of the City of Newport Beach.
24.A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
25.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.
on
Findings for Denial
Use Permit No. 3607 (Amended)
(PA2004 -058)
1. The granting of an amendment to Use Permit No 3607 to increase the permitted
house of operation will be detrimental to the health, safety, peace, comfort and
general welfare of persons residing or working in the neighborhood for the
following reasons:
a) The increased hours of operation will likely result in an increase in alcohol
related crimes such as public drunkenness, driving under the influence of
alcohol connected with the establishment, assaults and thefts.
b) The increased hours of operation will likely result in additional noise
complaints from nearby residents.
c) The extended hours will likely cause an increase of alcohol related crimes
which will likely result in an increase in Police Department activities and calls
for service in an area already impacted by a high number of alcohol related
crimes and a high concentration of ABC licenses.
14
EXHIBIT NO. 3
Police Department Report
IS
City of Newport Beach
Police Department
April 19, 2004
TO: Gregg Ramirez, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Blackie's by the Sea (UP3607 Amended)
2118 West Ocean Front
At your request, our office has reviewed the project request for Blackie's by the Sea, located
at 2118 West Ocean Front, Newport Beach. The applicant requests to amend Use Permit
No. 3607 to change permitted hours of operation of an existing bar.from 10:00 a.m. to 11:00 .
p.m. Sunday to Thursday and 10:00 a.m. to Midnight Friday and Saturday to 10:00 a.m. to
1:00 a.m. seven days a week. The existing permit allows the establishment to open at 9:30
a.m. on weekends during December and January for televised football games. No physical
improvements or alterations are proposed.
The Police Department is very concerned about the potential negative impact the applicant's
request will have on public safety. These concerns are based on documented incidents
surrounding this location. The concerns are also based on experiences with similar business
operations involving other operators within the City.
We have included a report prepared for reference by Police Department Crime Analyst Paul
Salenko in support of our concerns, that provides detailed statistical information related to
calls for service in and around the applicant's place of business..
Applicant History:
Blackie's by the Sea was established in 1951 with occupancy of 81. It has been under the
same ownership for over 40 years. Blackie's had 131 reported calls for service at their
business during the last five years including public drunkenness, noise complaints, driving
under the influence of alcohol connected with their establishment, assaults, and thefts.
Signs and Displays:
If the applicant's request is approved (over the Police Department's objections to any
increase in hours of operation where alcoholic beverages are sold in this area), please
ensure the applicant is made aware of the following:
I�
Blackie's by the Sea (UP3607 Amended)
Page 2 of 4
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.
Hours of Operation:
If the applicant's request were approved to modify their hours of operation in spite of the
Police Department's recommendation to the contrary, we would request the hours specify
10:00 a.m. to 1:00 a.m. seven days a week.
Security:
Require the applicant to develop an approved security plan designed to ensure compliance
with applicable state and local laws, and the conditions of the ABC license, the use permit,
and other such permits issued by the City.
Employee Training:
Require all owners, managers and employees serving and /or selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible methods and
skills for serving and selling alcohol beverages.
Additional Comments:
The Police Department also believes that extending the operational hours increases the
likelihood that additional noise and patrons generated from the location may negatively
impact nearby residences.
We recommend that appropriate mitigation measures be identified and required of the
applicant to control these situations if the application is approved. Based on our local history
and experiences in this area, we are projecting the applicant's proposal will result in an
increase in Police Department activities and calls for services.
For the purposes of this application, staff may also want to consider establishing conditions
that would require a Special Event Permit. A Special Event Permit should be required for
any event or promotional activity outside the normal operational characteristics of the
proposed operation. Examples of these types of events are those likely to attract large
crowds, events where an admission fee is charged, those that include any form of party or -
contract promoters and any other activities that are specified in the Newport Beach Municipal
Code requiring such permits.
The Police Department is required to spend a substantial amount of time and resources
policing the general area in and around the applicant's location. The majority of the problems
encountered included public drunkenness, noise complaints, argument mediation,
1r"
Blaelde's by the Sea (UP3607 Amended)
Page 3 of 4
driving under the influence of alcohol enforcement, assaults, thefts, narcotic- related offenses,
and public nuisance offenses including urinating in public. This area also experiences heavy
vehicular and pedestrian congestion on weekends, holidays and during the summer months.
In addition to the Police Department's described concerns, we believe there is a greater
policy and land use issue involved in the approval process for intensifying the alcohol usage
by extending the hours of operation of this business located in this area of the Community.
Although such decisions to resolve these community concerns appropriately should be left to
the Planning Commission and /or City Council, we are not supportive of adding the additional
intensity as proposed at this particular location.
If the proposed application is approved, the Police Department recommends the following
conditions be considered for the Conditional Use Permit for the business:
No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
2. There shall be no promotional drink specials or reduce drink specials.
3. Petitioner shall riot share any profits, or pay any percentage or commission to a
promoter or any other person, based upon moneys collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
BlacIde's by the Sea (UP3607 Amended)
Page 4 of 4
4. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit issued by the City of Newport Beach.
5. There shall be no dancing allowed on the premises without first obtaining a permit
from the City.
6. There shall be no live entertainment of any type on the premises at any time without
first obtaining a permit from the City.
Require occupancy posting that would ensure employees, patrons and /or public safety
personnel have the ability to readily determine the occupancy load.
8. Consider addressing requirements for activities requiring special event permits as
issued by the City and establishing a cap for the number of such permits issued during
a calendar year.
9. That the placement and use of the skill games (pool tables or other amusement
devices) shall be in accordance with the provisions of Chapter 5.34 of the Newport
Beach Municipal Code and the appropriate permit shall be obtained from the Revenue
Manager. Further, that the facility shall be limited to a maximum of six (6) skill games
and one jukebox, as defined by Chapter 5.34 of the Newport Beach Municipal Code.
In summary, the Police Department does not recommend approval of the requested
change in the character and scope of this application as proposed. We believe it will have
a negative impact on the surrounding area and result in a requirement for additional police
services.
Submitted by:
CIV19i-1
Tim Riley, Captain
Approved b
Bob McDonell
CHIEF OF POLICE
City of Newport Beach
Police Department
Memorandum
April 14, 2004
TO: G. Ramirez, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Blackies by the Sea at
2118 West Ocean Front. This area encompasses our reporting district (RD) number 15 as
well as part of Census Tract 635. This report reflects City of Newport Beach data for
calendar year 2003, which is the most current data available.
Calls for Service Information
City wide there was "60,149 calls for police services during this time, of which 5,582 were in
RD 15. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,410 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,650 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,760 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,502.42 per 100,000 people. The national Part One crime rate was 4,118.8* per
100,000 people.
Crimes
RD 15
Newport Beach
California*
National*
Part 1
365
2,650
1,384,872
11,877,218
Part 2
437
3,760
N /A'
N/A
Part 1Crime Rate
12,911.21
3,502.42
3,943.7
4,118.8
The number of active ABC licenses in this RD is 72 **
Per capita ratio 1 license for every 39 residents.
This reporting district had a total of 802 reported crimes as compared to a City wide
reporting district average of 155 reported crimes. This reporting district is 647 crimes or
418% above the City wide reporting district average. This location is within an area where
the number of crimes is at least 75% higher than the average of all reporting districts in the
City as outlined in the City Council "K -7" policy. This location is within an RD that is over
the Orange County per capita average of ABC licenses * *.
W
Arrest Information
There were 97 DUI arrests and 301 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 30.66% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 15
Newport Beach
(DUI /Drunk)
398
1,299
All Arrests
797
3,524
California* National*
N/A N/A
1,412,566 9,811,831
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 13 and RD 16.
Crimes
RD 13
RD 16
Part 1
138
156.
Part 2
82
103
Crime Rate
7,553.37
5,913.57
Arrests (DUIIDrunk)
43
64
All Arrests
119
204
Calls For Service
1,973
3,202
Number of active ABC licenses
6 **
5 **
Per capita ratiol license for every
305 **
528 ** residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 75,645.
*These numbers are from the 2002 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
Al
EXHIBIT NO. 4
Applicant Correspondence
Pm.
thirtieth
street
architects
inco
March 10, 2004
City of Newport Beach Planning Commission
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Blackie's by the Sea
2118 W. Oceanfront
To Whom It May Concern:
founding principals
john c. loomis, architect
james c. wilson, architect
tnnapd
elwood 1. galley, architect
The purpose of this CUP .Amendment is to request a change -in the hours of
operation of Biackie's by the Sea, which has been in business at this same location
for over. 51 years, as follows:
Current Hours Proposed
Days of Week of Operation Hours of Operation
Sunday through Thursday 10 AM to 11 PM 10 AM to 1 AM
Friday :and Saturday. 10 AM* to Midnight 10 AM* to 1 AM.
*9:30 AM on.:weekends during December and January (due to early TV starts of
football games, as previously approved.)
The reason for.. this request is due to a change in: the social habits of the local
clientele: that has resulted„ in: a substantial loss of business and created a severe
financial hardship.
During ;the past three years, Blackie's has,noticed a shift in their .peak- hours of
business from the mid- evening to the later evening. Apparently, many of the
younger customers do not go out until 9;30 PM or 10 :00 PM. They are reluctant to
architecture historical, rehabilitation planning
2821 newport blvd: - newport beach california92663
phone (949) 673 -2643 fax (949) 673 -8547 e-mail tsainc®aot.com
a3
go to an establishment that closes an hour after they arrive and have begun to go to
some of the neighboring establishments that are open later. The result has been a
noticeable and substantial decline in Blackie's business, creating. a severe
economic hardship.
Mackie's .needs to be able. to compete with neighboring establishments to survive.
Since may of these establishments are open to 2 AM in comparison. to Blackie's
which is currently open to 1.1 PM weekdays and Midnight on weekends.; Blackie's
is requesting a change in the hours of operation to re- capture this clientele and to
help sustain its business.
Please understand that Blackie's has no intention.of becoming "a.late night bar"
and has purposefully requested a modest change in its hours of operation. The.
intent. is not to match the 2 AM closing time enjoyed by other establishments in the
area, but to simply create a more level playing field so that Blackie's can survive.
Since the Owners of Blackie's have, always run a very clean operation with
experienced and seasoned staff, they are confident that they can maintain their
Operational standards with the extended hours if approved. .
No other changes in the operational characteristics of this ,business are requested.
Thank you very much for your, consideration of this request.
If you hater any questions regarding the above, please do not hesitate to contact
me.
Ve►ly'yours,
John C. Loomis
Principal
a4
EXHIBIT NO. 5
Letters in Support of the Application
PS
Walter Cole
/y tforney ai Lan 10 ^0' T 0 Quail St lt, Suite 170
V
1 empo-,i peach CA 9-2660
949 Z96 -1018 telerpkone
949 -296 -ioi9 Tax
April 22, 2004
City of Newport Beach
Planning Commission
.3300 Newport Blvd.
Newport Beach, CA 92663
RE: Blackie's by the Sea
Dear Members:.
Blackie's Bar on the oceanfront of the city of Newport Beach is applying for extended hours
in order to remain open until 1:00 am. I have been going to Blackie's for many years now and find it
to be a very relaxed and pleasant environment. I have never seen a problem with employees or fellow
customers.
I would support them in their application for extended hours.
If you have any questions or concerns, please do not hesitate to call our office anytime.
Very truly yours,
Walter Cole, Esq.
Attorney at L.aw
wq /vn
aU
Benjamin and Sandra Wright. .
April 27, 2004
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663'
Re: Blackie's by the Sea
"Sirs:
We are writing in,support of Charles Frei's request,for permission to 'extend the
hours of operation of Blackie's by the Sea until 1:00 AM.
As:long time residents of the Balboa Peninsula, we have been acquainted with Mr." .
Frei and Blackie's by the Sea since he became the owner of the establishment a
number of. years ago. We have always found Blackies'tiy the Sea to be well-
managed and lacking in rowdy. behavior that one might expect'to.find in a pub
located in a tourist area.
We have noted a very low _turnover in personnel at Blackies over the years,
,providing consistency in operation: and familiarity with the patrons. Poor,
behavior by Customers of the establishment is nottolerated:,
As Blackie's is located in i commercial area where a number of similar facilities
are permitted to remain open until 1:00 AM, an extension of its hours, of operation
would not change the character of the neighborhood. in times. of rising costs'. it-,
Would seem advisable to assist those, individuals who have proven themselves to
be responsible business owners and good neighbors.
We hope that the city will approve Mr. frei's request for an.extension of the hours
of operation of Blackle's by the Sea.
Sincerely,
njamin B. Wright, Sandra L. Wright
804 W. Ocean Front, Newport Beach, CA 92661 - 1114.. ..
Phone (949) 673 -0287 0 Fax (949)_673 -5906 • e -mail slwright@bigfoot.com .
FRANCIS A. URSINI
25 CAMBRIA DRIVE
CORONA DEL MAR, CA 92625
April 26, 2004
Planning Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Use Permit 3607
Dear Planning Department:
For the past 35 years, I have been the owner of 2200 W. Oceanfront in Newport Beach
which is less than 100 feet from the business in question. I also own two parcels of
property within one block of the applicant.
It has been my experience that the ownership and management of Blackie's by the Sea is
first rate. Many of the other bars in the area could learn from their operation. If there is .a
business that has earned your positive consideration, they have. I support their request.
Regards,
Fran Ursini
M! 1 !.
Dear City of Newport Beach:
I am writing to you on behalf of Blacides. Our family has owned and run Original Pizza, located on
22nd and Balboa since 1963. From the time that Blackies opened in 1964 they have been a good
neighbor. Always being friendly and a conscientious neighbor. To my knowledge they have always
run their business professionally. I have seen and heard them discourage excessive drinking.
As a business man it does not make sense for them having to open later and close earlier then the
competition. It is not good for the "bottom line" I do understand that it is a decision made to try and
avert the problems associated with excessive drinking. But in our time we have seen many business
come and go. I would personally hate to see a long time business with the reputation and history that
Blackies has close because it is unable to make ends meet in todays rising costs and competitive
market
It is in my opinion, Blackies staying open until 1 Am will not hurt our area. I would hope to see our
city do all that they can to help strengthen and encourage Newports existing businesses, especially
those that have been around lane enough to become institutions!
Please thoughtfully consider granting Blackies request for extended hours thereby allowing them to
have the competitive edge in order to stay in business. Thank you.
Sincerely,
Robert Kalatschan
Owner Original Pizza
Original Pizza
2121 W. Balboa Blvd.
Newport Beach, Calif. 92663
949 - 673 -1451
.2n
app Coo,
LOTS A re
NEWO S�
C� C C C
0
Planning Commission
City of Newport Beach
Honorable Members:
I am writing to encourage your commission to vote "Yes" on the Extended Hours
Application. submitted by Blackie's By the Sea ( "Blackie's " ). ,
As a patron and personal friend of the family who owns Blackie's, I would like to bring
the following to your attention:
The family that owns Blackie's is very community oriented. The daughter, Charlene, is
currently serving her second tour of duty in Irag as a pilot of a Blackhawk helicopter.
Charles Frei is the longest business owner on the oceanfront by the Newport pier. The
business is as much a landmark as the Dory fishing fleet at the pier. Artists have
frequently used the business front as the object of their paintings. Blackie's has a
longevity that has far outlasted other local "landmark" establishments such as Charlie's
Chili, Alley West and The Stag restaurant. It is not uncommon for tourists traveling the
world to recognize a Blackie's T -shirt and comment on their vacation in the City of
Newport Beach
Blackie's has always managed their customers in a unique way. It is considered a
privilege to patronize Blackie's. This privilege can and has been revoked for disruptive
behavior by patrons. Ousted patrons who are allowed to return are well - mannered in
order to maintain their "welcome" status, This management strategy has kept Blackie's a
friendly business to patronize. I have never seen any altercations that required city
personnel to respond.
As a past president of the Huntington Beach Fire Association and a retired firefighter, I
do have a knowledge of city operations. The extension of Blackie's business hours should
have zero impact on the city budget and no visible impact on city personnel.
In closing, I would encourage approving the Extended Hours Application. Thank you for
your consideration.,
Ronald Farnam
270 Camellia Lane
Costa Mesa, CA 92627
bI
EXHIBIT NO. 6
UP No. 3607 Staff Report and PC Minutes
3�
krEW PART CITY OF NEW eORT BEACH
p COMMUNITY AND ECONOMIC DEVELOPMENT
U �'r PLANNING DEPARTMENT
33� NEWPORT BOULEVARD
NEWPORT BEACH, CA 97658
(7x4) 644-32oo; FAX (7x4) 644'325o
Hearing Irate:
Agenda Item No.:
Staff Person:
Appeal Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Blackies by the Sea (Thirtieth Street Architects, applicant)
2118 West Oceanfront
1
Javier S. Garcia
644 -3206
14 days
PURPOSE OF
APPLICATION: Request to permit a change in the operational characteristics and interior
alterations of an existing bar that was established prior to requirement of a
use permit. The application requests to:
• allow a change in the facility to establish full alcoholic beverage service;
• increase the size of the area devoted to the service of alcoholic beverages
(approximately 20 square feet);
• the waiver of specific restaurant development standards.
SUGGESTED..
ACTION: Approve, modify or deny:
• Use PermitNo.3607
LEGAL
DESCRIPTION: Lot No. 5 -8, Block 21 of the Newport Beach Tract
ZONE: SP -6 (Cannery Village/McFadden Square Specific Plan
Area)
OWNERS: City of Newport Beach, Newport Beach
University of California, Irvine
Points and Authority
• Environmental Compliance .(CalifomiaEnvironmental Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities)..
• Conformance with the General Plan and the Local Coastal Program
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "Retail Service Commercial' uses. A bar is a permitted use within this
designation. The existing building is non - conforming with regard to the FAR since it
currently exceeds the permitted base development allocation. The proposal includes interior
changes only with no increase in the gross floor area. Therefore, the project remains legal
non - conforming and is consistent with the General Plan which allows for the maintenance
of legal non - conforming structures and uses.
33
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Use Permit No. 36071
1 Subject Property and SurroundingLand Uses
Current Development: The bar facility is located in a two -story, mixed use, multi - tenant building
in the McFadden Square Specific Plan Area.
To the north: are commercial uses.
To the northeast and east: across a 10 foot wide alley, are commercial uses.
To the south and west: is the Beach Ball Bar, McFadden Municipal Parking Lot and beach
beyond.
11.1 iW-
a'�"�E�o
Use Permit No. 3607
Page 2 ��
The project is located within the Coastal Zone. The proposed interior alterations result in a
reduction in the overall area devoted to bar and dining and does not result in an
intensification of the use. Therefore, staff has determined that Coastal Commission approval
is not required prior to issuance of any building permits or implementation of this use
permit.
• Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code.
Backeround
At its meeting of March 10, 1997, the City Council reviewed an appeal by Blackies by the Sea of
the determination of the Chief of Police that the public convenience and necessity would not be
served by a proposed upgrade in the alcohol beverage license from a public premises (on -sale beer
and wine) to full service public premises (on -sale general). After discussion, the City Council
granted the appeal and directed the Chief of Police to issue a determination of public convenience
and necessity if the applicant obtained a use permit that would establish conditions consistent with
the operational characteristics of the existing establishment. An excerpt of the minutes of that
meeting are attached for the Commission's information.
Cornpai•ison of Proposed and Previous Operation
z Area devoted to waiting and dining within the facility.
Use Permit No. 3607
Page 3
Proposed
Existing
Bar Operation
Bar Operation
Live Entertainment
No
No
Dancing
No
No
Valet Parking Service
No
No
Number of Employees:
5 -6 employees
5 -6 employees
Hours:
Staff recommendation:
10:00 a.m. to 11:00 p.m.,
11:00 a.m. to 11:00 p.m.,
Sunday through Thursday;
Sunday through Thursday;
10:00 a.m. to Midnight,
11:00 a.m. to Midnight;
Friday and Saturday
Friday and Saturday.
Subject Tenant Space:
1,390 sq.ft.
1,390 sq.ft.
Net Public Area (% of space Y:
Bar Area:
348 sq.ft.
330 sq.ft.
Game Room:
532 sq.ft.
564 sq.ft.
TOTAL:
880 sq.R. (63o/u)
894 sq.ft. (65 %)
(14 sq.ft decrease)
Other area:
Restroom, and storage
328 sq.ft. (24 %)
253 sq.ft. (18 %)
Kitchen and Service:
182 sq.ft. (13 %)
243 sq.ft. (17 %)
TOTAL AREA:
1,390 sq.ft.
1,390 sq.ft.
z Area devoted to waiting and dining within the facility.
Use Permit No. 3607
Page 3
Parking Comparison
Analysis
The facility was established prior to the requirement of a use permit for restaurant and bar
operations. The facility has historically been operated as a bar with limited food service (hot dogs,
chili dogs and Polish dogs). The project, in addition to the change in the operational characteristics
to change the facility to a full service alcoholic beverage establishment, proposes minor interior
alterations which include the removal of a refrigerated storage unit, conversion of that area to an
extension of the existing bar area and the addition of a refrigeration storage unit and dry storage
area in the existing game room. Since there is no existing use permit for this property, staff has,
analyzed the proposal as if it were a new establishment including the issues of net public area,
parking, hours of operation, skill games (pool tables, video games, etc.) and restaurant development
standards.
Chance to Full Service Bar
The City Council had determined, and the applicant concurred, that the proposed change to a full
alcoholic beverage service bar constitutes a major change in the operational characteristics of the
existing establishment and is subject to the approval of a use permit (in accordance with Section
20.72.010g of the Newport Beach Municipal Code). In this particular case, staff is of the opinion
that the change to provide full alcoholic beverage service will not appreciably alter the nature of the
existing bar facility since the change is only to change the variety of alcoholic beverages served and
will not result in an increase in occupancy or parking demand as further analyzed in this report.
Net Public Area Determination
Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a
restaurant, bar or theater /nightclub excluding kitchen, restrooms, offices pertaining to the use only
Use Permit No. 3607
Page 4
�tiP
Proposed
Bar Operation
Existing
Bar Operation
Parking Available
none
none
Required Parking
Range:
18 - 30 spaces
18 - 30 spaces
(surplus /deficit)
@ 1/50 sq.ft. npa
18 spaces (deficitof 18 spaces)
18 spaces (deficit of 18 spaces)
@ 1/40 sq.ft. npa
23 spaces (deficit of 23 spaces)
23 spaces (deficit of 23 spaces)
@ 1/30 sq.ft. npa
30 spaces (deficit of 30 spaces)
30 spaces (deficit of 30 spaces)
Change in
Parking Demand:
NONE
Analysis
The facility was established prior to the requirement of a use permit for restaurant and bar
operations. The facility has historically been operated as a bar with limited food service (hot dogs,
chili dogs and Polish dogs). The project, in addition to the change in the operational characteristics
to change the facility to a full service alcoholic beverage establishment, proposes minor interior
alterations which include the removal of a refrigerated storage unit, conversion of that area to an
extension of the existing bar area and the addition of a refrigeration storage unit and dry storage
area in the existing game room. Since there is no existing use permit for this property, staff has,
analyzed the proposal as if it were a new establishment including the issues of net public area,
parking, hours of operation, skill games (pool tables, video games, etc.) and restaurant development
standards.
Chance to Full Service Bar
The City Council had determined, and the applicant concurred, that the proposed change to a full
alcoholic beverage service bar constitutes a major change in the operational characteristics of the
existing establishment and is subject to the approval of a use permit (in accordance with Section
20.72.010g of the Newport Beach Municipal Code). In this particular case, staff is of the opinion
that the change to provide full alcoholic beverage service will not appreciably alter the nature of the
existing bar facility since the change is only to change the variety of alcoholic beverages served and
will not result in an increase in occupancy or parking demand as further analyzed in this report.
Net Public Area Determination
Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a
restaurant, bar or theater /nightclub excluding kitchen, restrooms, offices pertaining to the use only
Use Permit No. 3607
Page 4
�tiP
and storage areas." Section 20.72.060(A)lc of the Municipal Code further provides that the
physical design characteristics of the use may include other areas which should be logically
excluded from the determination of net public area.
The reconfiguration of the refrigeration unit and storage area results in an additional 18 square feet
in the bar area and a reduction of the floor area of the game room by 32 sq.ft. The storage area also
creates extensions to the two vestibules which lead to the restrooms. Staff believes that these areas
should be logically excluded from the determination of net public area pursuant to 20.72.060(A) I c,
since the vestibules are not areas in which people will normally congregate while waiting for
service. Therefore, the net public area of the project is reduced from 894 sq.ft. to 880 sq.ft.
Off - Street Parkins
The facility does not provide any on -site, off -site or in -lieu parking for the existing use. The
proposed net public area reduction will not increase or alter the parking requirement of the existing
bar facility. Staff believes that the parking demand characteristics of the existing bar facility will
not be altered by the proposed interior alterations or the change of the facility to a full service bar
since the permitted occupancy of the building will not be increased.
Staff is of the opinion that the proximity of the municipal parking lot in front of the facility is
adequate to accommodate the facility since it has operated in this location with no on -site parking
for many years with no apparent problems and the net public area is reduced.
Hours of Operation
There are currently no limitations on the hours of operation. The business operates for lunch and
dinner service during daytime and evening hours, with hours generally from 11:00 a.m. to 11:00
p.m., Sunday through Thursday and from 11:00 a.m. to midnight on Fridays and Saturdays. The
applicant has indicated that the facility has not altered its hours in the past several years. However,
the applicant has indicated that during football season they may open at 10:00 a.m., and staff has
accounted for this situation in the recommended hours of operation. Staff believes that a condition
limiting the hours as currently exist would not present any operational problems because the
establishmenthas not caused problems in the past. Staff's recommendation is to restrict the hours of
operation as proposed by the applicant (opening at 10:00 a.m., daily; and closing at 11:00 p.m.,
Sunday through Thursday and midnight, Friday and Saturday).
Pool Table and Amusement Devices
.The Council had raised a question with regard to the pool tables and amusement devices in the
existing establishment. The intent of the Council was to restrict the number of pool tables and
amusement devices in the facility to that currently authorized by the Revenue Division. According
to the Revenue Division, there are 6 skill games (2 pool tables and 4 amusement devices) and one
juke box authorized for the facility. Staff has included a condition of approval restricting the facility
to 6 skill games and one juke box and requiring that they be placed and operated in accordance with
the provisions of Chapter 5.34 of the Municipal Code, which governs such devices. It should be
noted that the addition of a third pool table would be considered a major change in the operational
Use Permit No. 3607
Page 5
33"
characteristics of the facility and would be subject to the approval of an amendment to this use
permit.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants and bars to
ensure that any proposed development will be compatible with adjoining properties and streets.
Said development standards include specific requirements for building setbacks, parking and traffic
circulation, walls surrounding the restaurant/bar site, landscaping, exterior illumination, signage,
underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the
development standards for restaurants and bars may be modified or waived if strict compliance is
not necessary to achieve the purpose or intent of the standard.
Development Standards
Staff has included a condition of approval requiring that the existing building lighting be directed to minimize
impacts on neighboring properties.
Use Pemit No. 3607
Page 6
REQUIREMENT;-
PROPOSED
I'urpWorIut6nt Cbmphance
Setbacks
5 foot front yard setback, zero
Waiver. The proposal will not alter the existing
setbacks sides and 10 foot alley
nonconforming building setbacks. Compliance cannot be
setback rear per McFadden
achieved without demolishing the building.
Place /Cannery Village Specific
Plan Area District Development
Standards; to limit size and bulk
of buildings as visible from
adjacent public streets and
neighboring properties.
Parking and traffic
Parking, curb cuts and
Not Applicable, the property provides no on -site parking,
control:
circulation;to facilitate traffic and
therefore on -site circulation is not an issue. The pedestrian
circulation of vehicles and
circulation will not be affected by the project.
pedestrians on and around the
facility.
Walls (surrounding
6 foot high surrounding the entire
Waiver. The property is currently nonconforming since it
the restaurantsite)
property; to control noise and
provides no parking lot and cannot accommodate a
other nuisances generated by
surrounding wall since the building is built out to the
vehicles in the parking lot.
property line. In addition, no unusual noise generating
activities (i.e., live entertainment) are proposed in
conjunction with this bar use.
Landscaping
10% of entire site, etc.; to
Waiver. Strict compliance would add landscaping which
beautify and enhance the
would not further enhance the streetscape since it could
streetscape enjoyed by the public.
not be located on the Ocean Front side of the property or
in the alley since the building is built out to the property
lines.
Lighting
Parking lot and site illumination
Waiver. There is no on -site parking and the existing
only, height and intensity; to limit
building lighting is not proposed to be altered. There have
light and glare visible from and
not been any past complaints related to lighting. Strict
from spilling onto neighboring
compliance would not achieve any greater result than
properties.
would directing the existing light sources to achieve the
purpose or intent of this requirement.'
Staff has included a condition of approval requiring that the existing building lighting be directed to minimize
impacts on neighboring properties.
Use Pemit No. 3607
Page 6
REQUIREMENT I - PROPOSED,
Purpok6tIntentCompliance !,
Signing
Compliance with 20.06 of the
Complies. Existing wall sign complies with size and
Municipal Code (the Sign Code);
number limitations of the Sign Ordinance.
to maintain a uniformity of signs
compatible with the signs of other
uses in the area.
Undergroundutilities
All utilities required to be
Complies.
undergrounded, to eliminate
visual impacts of the overhead
power lines.
Storage
Supplies and Refuse storage
Discussed below
hidden from view; to limit visual
impacts from public street or
Staff is of the opinion that the on -site development standards as they apply to setbacks, walls
(surrounding the restaurant/bar site), landscaping and lighting should be waived if the Planning
Commission approves this application, since the granting of the waiver will generally achieve the
same results as would strict compliance with the requirements of Chapter 20.72 and because the
project will neither increase or decrease the non - conforming status of the development standards.
Additionally, that the development standard related to parking and traffic control is riot applicable
in this particular case since there is no on -site parking lot. It should also be noted that the Planning
Commission has the ability to call up the use permit for review in the future, should problems arise
with regard to any aspect of the. operation.
Trash Storage/Disuosal
This development standard would not ordinarily apply since there is no on -site trash enclosure and
none is proposed. In addition, a trash enclosure could not be provided on site since the building is
built out to the property lines at the front and rear: However, staff believes that the issue of trash
storage and disposal should be considered with this approval.
The representative for the business owner has indicated that the trash is currently stored inside of
the building and at the end of the day is deposited into a trash dumpster located across the alley
from the subject the property, at 108 22nd Street. There are two commercial dumpsters located on
that site which are not enclosed. These dumpsters are located on property which is co -owned by the
City of Newport Beach and the University of California, and managed by a property management
company. The refuse is collected by a commercial refuse collection agency as part of the
management of the whole property.
The City is aware of refuse storage and collection problems in the neighborhood and is working to
resolve those issues. Since the City is a property owner in this area it will be a part of any
comprehensive trash storage and collection program for the neighborhood. Through this
participation the City can address the issues of permanent enclosures, screening and maintenance.
Therefore, staff is of the opinion that the development standard for trash storage and screening is
not applicable to this project.
Use Permit No. 3607
Page 7
51
Census Tract and Reportine District Statistics
Liquor license concentration and crime statistics for the area in which a project including alcoholic
beverage service is proposed is an important consideration for the Planning Commission. The
subject facility is located within Police Reporting District No. 15 and Census Tract No. 635.00.
The Census Tract currently exceeds the countywide average of on -sale licenses and off -sale liquor
licenses, based on population. This indicates an overconcentrationof licenses in the area as defined
by State law. The number of crime incidents in Reporting District No. 15 in 1996 is above the
Citywide average per reporting district by 547 %.
This proposal is for .alterations to an existing bar establishment at this location which does not
represent an increase in the number of liquor licenses in the area. The approval of the use permit
will, however, support the request to upgrade the type of license for the premises. In working with
the applicant, staff of both the Police and Planning Departments have emphasized the need for the
management to exercise adequate control of its patrons and employees to prevent problems of noise
and excess alcohol consumption. If the bar is operated in this manner, the project should not have a
detrimental effect on the neighborhood nor result in a significant demand for police services.
Additionally, the Police Department has indicated that the management has provided adequate
supervision of the patrons in the past and that the facility generates few problems in the area. If the
operator's control should not adequately prevent problems from occurring, Condition of Approval
No. 18 provides for the Planning Commission to add or modify conditions of approval, or
recommend to the City Council to revoke the use permit.
4 Includes murder, robbery, rape, burglary, theft, arson, auto theft.
5 Includes drinking, narcotic violation, vandalism, drunk and disorderly.
Use Permit No. 3607
Page 8
rV
Projected Based on
Census Tract
Orange County
Reporting
No. 635.00
average
District 15
Population:
6,182
Liquor Licenses:
on -sale licenses
46
7
(I per 261 persons)
(I per 893 persons)
off -sale licenses
9
5
(I per 826 persons)
(1 per 1,533 persons)
Part 1 Type - Arrests
412
Part 2 Type - Arrests
858
Total Crime Incidents
1,270
(1996)
(547% above the Reporting District
average Citywide)
Average per
Reporting District
Citywide
196
The Census Tract currently exceeds the countywide average of on -sale licenses and off -sale liquor
licenses, based on population. This indicates an overconcentrationof licenses in the area as defined
by State law. The number of crime incidents in Reporting District No. 15 in 1996 is above the
Citywide average per reporting district by 547 %.
This proposal is for .alterations to an existing bar establishment at this location which does not
represent an increase in the number of liquor licenses in the area. The approval of the use permit
will, however, support the request to upgrade the type of license for the premises. In working with
the applicant, staff of both the Police and Planning Departments have emphasized the need for the
management to exercise adequate control of its patrons and employees to prevent problems of noise
and excess alcohol consumption. If the bar is operated in this manner, the project should not have a
detrimental effect on the neighborhood nor result in a significant demand for police services.
Additionally, the Police Department has indicated that the management has provided adequate
supervision of the patrons in the past and that the facility generates few problems in the area. If the
operator's control should not adequately prevent problems from occurring, Condition of Approval
No. 18 provides for the Planning Commission to add or modify conditions of approval, or
recommend to the City Council to revoke the use permit.
4 Includes murder, robbery, rape, burglary, theft, arson, auto theft.
5 Includes drinking, narcotic violation, vandalism, drunk and disorderly.
Use Permit No. 3607
Page 8
rV
Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the
use or building applied for will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in
the neighborhood or the.general welfare of the City.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the proposed alterations, including the change to provide full service of alcoholic beverages, do not
appreciably change the nature of the bar facility or its present compatibility with the surrounding
neighborhood. This is because the interior alterations will reduce the size of the public area of the
establishment, the permitted occupancy will remain the same or be reduced and adequate public
parking (municipal parking lots) is available nearby. Additionally, the small size of the facility with
no entertainment or dancing and the limited hours of operation should prevent problems associated
with noise which may disturb neighboring properties or uses, including the residential uses on the
second floor.
Staff is also of the opidio3i that the existing physical attributes of the property, particularly the non=
conformities associated with the existing building, complicate the ability to bring the property into
full compliance with the provisions of Chapter 20.72 of the Municipal Code with regard to
setbacks, walls (surrounding the restaurant bar site), parking and traffic control, landscaping and
lighting. However, the interior remodeling of the facility will not make the building any more or
less conforming with the purpose and intent of the development standards of Section 20.72 of the
Municipal Code for bars and restaurants.
Should the Planning Commission wish to approve Use Permit No. 3607, as recommended by staff,
appropriate findings and conditions in the attached Exhibit "A" are recommended.
Staff cannot reasonably conceive of findings for denial of the project as a whole, since the proposed
physical changes and the change in operational characteristics of the bar use (change from beer and
wine to full service bar) are minor in this particular case, and do not appear to have any detrimental
effect on the surrounding neighborhood since these changes do not alter the overall nature of the
existing bar facility. However, should information be presented at the public hearing which would
warrant the denial of this application, the Planning Commission may wish to take such action.
Submitted by: Prepared by:
PATRICIA L. TEMPLE JAVIER S. GARCIA, AICP
(Planning Director Senior Planner
la
9/atl�'r4'-e_.O �
Use Permit No. 3607
Page 9 .
Attachments: Exhibit "A"
Excerpt of the City Council minutes dated March 10, 1997
Plot Plan and Existing and Proposed Floor Plans
F: \USERS\PLN\SHARED \I PLANCOM\1997\0424 \UP3607.DOC
Use Permit No. 3607
Page 10
42
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3607
Findings:
That the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan designate the site for "Retail Service Commercial" uses and a bar is a permitted use
within this designation.
2. That 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).
3. That the proposal involves no physical improvements which will conflict with any
easements acquired by the public at large for access through or use of property within the
proposed development.
4. That the waiver of development standards as they pertain to setbacks, walls (surrounding
the restaurant/bar site), parking and traffic control, landscaping and lighting meets the
purpose or intent of the development standards as they apply to restaurant/bars.., which will
not be achieved to any greater extent by strict compliance with those requirements for the
following reasons:
• The existing physical characteristics of the site will not be altered since the work is
interior work and the exterior building walls are not affected.
• Walls in full compliance with the, standards would adversely impact traffic
circulation in the alley setback.
• The same purpose or intent of the required walls surrounding the property to control
noise can be achieved by the limitation on the hours of operation and the fact that no
specific noise generating activities, such as live entertainment, are permitted in this
facility.
• The project does not include any exterior alteration which would adversely impact
existing traffic circulation through the alley or pedestrian pathways in the public
right -of -way.
• The remodeling proposed constitutes a minor change which does not warrant an
increase in the landscape area to achieve greater conformance with the development
standards and the addition of landscaping cannot be accomplished due to the
building being built out to the property lines at the front and rear of the property.
• There have not been any past complaints related to lighting; and the Code
requirement's intent or purpose can be achieved by insuring that the existing light
sources mounted on the subject building are directed in a manner consistent with the
provisions of the Municipal Code.
5. The approval of Use Permit No. 3607 will not, under the circumstances of the case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons
residing or working in the neighborhood or be detrimental or injurious to property or
Use Pefmit No. 3607
Page 11
�3
improvements in the neighborhood or the general welfare of the City, for the following
reasons:
• The proximity of the municipal parking lots are adequate to serve the parking
demand of the proposed bar facility.
• The interior alterations result in a reduction in the overall net public area and the
general parking requirement for the area.
• The proposal is a change of alcohol license of an existing bar and is not the addition
of a new liquor license to an overconcentrated area.
• The existing bar establishment has generated a low number of Police and
Department of Alcoholic Beverage Control problems in the area.
• The bar use is compatible with the surrounding commercial and residential uses
since bar uses are typically allowed in commercial districts and the proposed use is
less intensive than the existing one at this location.
Conditions:
That development shall be in substantial conformance with the approved site plan, floor
plan and elevation, except as noted below.
2. That the hours of operation shall be limited between the hours of 10:00 a.m. and 11:00 p.m.,
Sunday through Thursday; and 10:00 a.m. to Midnight, Fridays and Saturdays. Any
increase in the hours of the facility shall require an amendment to the use permit.
3. That the approval is only for the establishment of a bar type facility as defined by Title 20
of the Municipal Code, with the principal purpose for the sale and service of alcoholic
beverages with incidental food service.
4. That live entertainment and dancing shall be prohibited, unless an amendment to this use
permit or other required application is first approved in accordance with the provisions of
the Municipal Code.
That this approval shall not be construed as permission to allow concerts or a
theater /nightclub use as defined by the Municipal Code, unless an amendment to this use
permit is first approved by the Planning Commission.
6. That all signs shall conform to the provisions of the Municipal Code.
That the proposed bar facility shall conform to the requirements of the Uniform Building
Code; including State Disabled Access requirements; unless otherwise approved by the
Building Department.
8. That the placement and use of the skill games (pool tables or other amusement devices)
shall be in accordance with the provisions of Chapter 5.34 of the Newport Beach the
Municipal Code and the appropriate permit shall be obtained from the Revenue Manager.
Further, that the facility shall be limited to a maximum of 6 skill games and one juke box,
as defined by Chapter 5.34 of the Newport Beach Municipal Code.
Use Permit No. 3607
Page 12
u'-1
9. That all mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of
the Newport Beach Municipal Code, CommunityNoise Control.
10. That the area outside of the establishment, including the public sidewalks, shall be
maintained in a clean and orderly manner. The operator of the facility may be required to
provide periodic steam cleaning of the public sidewalks as determined by the Public Works
Department.
11. That the project shall be designed to minimize light and glare spillage onto adjacent
properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall
demonstrate to the Planning Department that the exterior lighting system has been evaluated
and the light sources redirected or shielded, and maintained in such a manner as to conceal
the light source and to minimize light spillage and glare to the adjacent properties. That
prior to issuance of the certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement Division to determine
substantial conformance with the intent of this condition of approval, the control of light
and glare.
12. That storage outside of the building in the front or at the rear of the property shall be
prohibited.
13. That no outside paging system shall be utilized in conjunction with this facility.
14. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the establishment. Temporary signs shall be
prohibited in the public right -of -way, unless otherwise approved by the Public Works
Department in conjunction with the issuance of an encroachment permit or encroachment
agreement.
15. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical
Code and approved by the Building Department. That issues with regard to the control of
smoke and odor shall be directed to the South Coast Air Quality Management District.
16. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
17. That a wash -out area for refuse containers and kitchen equipment shall be provided and the
area drains directly into the sewer system unless, otherwise approved by the Building
Director and Public Works Director in conjunction with the approval of an alternative
drainage plan.
18. That the Planning Commission may add to or modify conditions of approval to this Use
Permit or recommend to the City Council the revocation of this Use Permit, upon a
determination that the operation which is the subject of this Use Permit causes injury, or is
Use Permit No. 3607
Page 13 t4
detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
19. That this Use Permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.
Use Permit No. 3607
Page 14
Gf'tD
sty Council Minutes
Regular Meeting
March 10, 1997 INDEX
call vote:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and
Mayor Debay
Noes: None
Absent: None
Abstain: None
24. APPOINTMENTS BY THE CITY COUNCIL TO THE CI NS
ADVISORY COMMITTEES FOR A ONE -YEAR TER NDING
DECEMBER 31, 1997 (appointed by Council upon re ,C46mendation
of each Council Member) (contd. from 12/9/96,1/13 , 1/27197,2110/97
& 2124/97).
Confirmed the appointments and continuan as follows:
Bicycle Trails Citizens AdvisorX ommittee
(District 1) Council Memb edges' remaining appointment continued
indefinitely (refer to Mi es of 2/24/97).
(District 7) Cou Member Thomson's appointment of Jack Hochadel; the
remaining a ointment continued to a future date.
CAC (24)
(District 4) Mayor Pro Tem Edwards' appointment of Kelly Sylvester.
CURRENT BUSINESS
25. APPEAL BY BLACKIES BY THE SEA. Blackies' Appeal
(70)
Police Chief McDonell reported that prior to the recent amendment of
Council Policy K -7, it allowed the Chief of Police to decide if a Certificate of
Public Convenience and Necessity was appropriate given the circumstances.
In light of the expressed concerns of the Council regarding alcohol in
certain areas, he felt that it was appropriate to deny the certificate and
bring it to the City Council to decide in terms of the land use issues involved
whether it would be in the community's best interest to grant the appeal.
In response to Council inquiry, Police Chief McDonell affirmed that the
application was made prior to the change in Council Policy K -7.
Motion by Council Member Hedges to grant the appeal of Blackies by the
Sea and direct the Chief of Police to issue a Letter of Public Convenience or
Necessity to the Department of Alcoholic Beverage Control (ABC) subject to
the following conditions: the applicant agrees that acquiring an Alcohol
License for the business is a change in operational characteristics pursuant
to NBMC 20.72.010(8) specifying the need for a use permit and the use
permit conditioned to memorialize the present operation; specifically that
Volume 51 - Page 150 ;S
L�'�'
City Council Minutes
Regular Meeting
March 10, 1997 INDEX
the establishment shall close at 11 p.m. on weekdays and at 12 Midnight on
Fridays and Saturdays; no live entertainment; no dancing; no noise audible
beyond the premises; no additional video games or pool tables; no increase
in the public net area of the premises and that the plan conforms
substantially to the 301h Street architect's plan dated January 23, 1996; also
that the City Council waive the fees for the application for the use permit,
and that the Planning Commission calendar an expedited notice and
hearing for the use permit.
Charles Frei, owner, Blackies' By the Sea, agreed with the foregoing
conditions.
The motion carried with the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and
Mayor Debay
Noes: None
Absent: None
Abstain: None
26. EMENTATION(Requested by Council Member Hedges ). (Oral Report)
ef McDonell advised that 311 is proposed to take the load off the
m for non - emergency requests for police services. About a month
C announced that it was making the 311 number available to law
t nation -wide for that purpose and they have had a pilo t project
Altiniore since last October. So far that pilot project has been
an '•educed the 911 calls by about one - third. Newport Beach has
been in touch iv b the state 911 program about expanding into the 311
concept, and according to one of their communications analysts it is
technically possible obviously for the phone companies to do it; however, it
has not been done yet'm California. Both the Cities of San Jose and San
Francisco are actively researching the concept and GTE, which is already a
911 provider, has proposetlt`a control test of the 311 system in Santa
Barbara, although no definidvp\dates have been set as yet. Nobody has
been able to approximate the ° involved for implementation of the 311
System, although the state 911 pr am is considering funding that test on
a very limited basis to determine the itive impacts on 911.
Police Chief McDonell stated that th a is a cost involved in the
implementation and according to the analys a doesn't believe that the 911
program as currently funded has the ability to o it outside of a small test
and study. The local provider, the GTE Corpor 'on, said that they were
currently working on a proposed plan to use the cu ant 911 infrastructure
And have contracted with a software house, Lucent echnology, to write
software to handle it to their selective router. Functiona it would operate
in the same manner as the 911 system; however, the softwa is about three
to four months away with another two to three months of testa that would
go on before the system would be available for implementation, ossibly by
the end of 1997. Also, PacBell is proposing to build a new infra ucture
using the local 800 number, a concept that is used in businesses. Th is a
proposal in the U.S. Senate to allocate an annual sum of about $10 m 'on
Volume 61 - Page 161
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City of Newport Beach
Planning Commission Minutes
April 24, 1997
1. SUBJECT: 2118 West Oceanfront
Blackie's by the Sea (Thirtieth Street Architects, applicant)
• Use Permit No. 3607
Request to permit a change in the operational characteristics and interior alterations
of an existing bar that was established prior to requirement of a use permit. The
application requests to:
• allow a change in the facility to establish full alcoholic beverage service;
• increase the size of the area devoted to the service of alcoholic beverages
(approximately20 square feet);
• the waiver of specific restaurant development standards.
Mrs. Wood presented the staff report stating that this item is a result of the City Council
action with regard to an upgrade of a liquor license from beer and wine to full service.
The business is in an area that is "over concentrated" with liquor license according to
state law. The City Council agrees that the liquor license could be upgraded
because this is an establishment that has not been problematic in the past and the
applicant has agreed to apply for a Use Permit for the establishment along with this
change in the operation. This is such an old business that there is no previous use
permit so there are no conditions of approval. The applicant has agreed that the
conditions of approval would mirrorwhat the existing operations have been.
The physical changes are minor with interior alterations which decrease the net public
area. The establishment does not meet current development standards as it is in a
very old building and is an old use. It has operated without problems, therefore, staff
recommends approval of the application.
Commissioner Selich asked about the existing non - conforming building with the uses
conforming to the general plan and zoning. It is non - conforming by the .fact that
there is no current use permit. He clarified that by approving this application, we
would have a conforming use in a non- conforming building.
Commissioner Ridgeway asked about and received clarification on item 18 in
conditions. It was clarified that the Planning Commission and City Council have the
ability to take action to revoke a permit if the applicant has not complied with the
conditions.
Public Hearing was opened,
Mr. John Loomis, Thirtieth Street Architects, applicant - speaking on behalf of the
owners and operators stated that they have reviewed the conditions with the owners.
The owners would like to open on Saturdays and Sundays at 9:30 during a portion of
the football season to accommodate the Eastern pro football game viewing by the
patrons. This has been the historical practice, which they would like to continue under
the new Use Permit,
INDEX
Item No: 1
UP No. 3607
Approved
I
City of Newport Beach
Planning Commission Minutes
April 24, 1997
Commissioner Fuller asked for and received clarification. Is it only on those days that a
pro game starts at 9:30 a.m. that you want to open at 9:30 a.m., so that on the next
Sunday that the game started later than 9:30 a.m. Biackie's would not be opened at
9:30 a.m. to which Mr. Loomis replied, yes.
CommissionerAshley stated that the televised games start at 10:00 a.m.
Mr. Loomis answered that yes, but when the college games cease, some of the pro
games are scheduled earlier due to scheduling both on Saturdays and Sundays.
Mr. Les Bobbit, manager- stated that about the last two weekends of the season, the
pro foot ball games start at 9:30 on both Saturday and Sunday.
Discussion then followed regarding the bar area and game room footage. It was
noted that the net public area for the restroom and storage, kitchen and service were
changed from 496 square feet to 510 square feet, and, the net public area for the
bar area and game room were changed from 894 sq. ft to 880 square ft..
Commissioner Fuller asked about and received information on the remodeled floor
plan, placement and dimensions of where equipment will be housed and video and
skill games. Mr. Bobbit stated that there are two pool tables and four videos on the
premises.
It was also clarified that the owners of the building are the City of Newport Beach and
the University of California, Irvine. The property was bequeathed to the City through a
Trust.
At Commission inquiry, Mr. Loomis stated that he has read, understands and agrees to
the conditions and findings attached to Use Permit No. 3607. City Council approval of
the change in the liquor license is conditioned on the applicant obtaining the CUP
and the intent is to bring this into a controlled situation and to have standard
conditions to implement further review if problems should arise.
Public Hearing was closed.
Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3607
pursuant to the findings and conditions as attached in Exhibit A of the staff report,
changing the opening hour to 9:30 a.m. during the months of December and January
on weekends only.
Ayes: Fuller, Ridgeway, Kranzley, Selich, Ashley
Noes: none
Absent. Adams, Gifford
Abstain: none
INDEX
51
City of Newport Beach
Planning Commission Minutes
April 24, 1997
Findings:
That the Land Use Element of the General Plan and the Local Coastal Program
Land Use Plan designate the site for "Retail Service Commercial" uses and a
bar is a permitted use within this designation.
2. That 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).
3. That the proposal involves no physical improvements which will conflict with
any easements acquired by the public at large for access through or use of
property within the proposed development.
4. That the waiver of development standards as they pertain to setbacks, walls
(surrounding the restaurant /bar site), parking and traffic control, landscaping
and lighting meets the purpose or intent of the development standards as
they apply to restaurant /bars, which will not be achieved to any greater
extent by strict compliance with those requirements f or the following reasons:
• The existing physical characteristics of the site will not be altered since
the work is interior work and the exterior building walls are not
affected.
• Walls in full compliance with the standards would adversely impact
traffic circulation in the alley setback.
• The same purpose or intent of the required walls surrounding the
property to control noise can be achieved by the limitation on the
hours of operation and the fact that no specific noise generating
activities, such as live entertainment, are permitted in this facility.
• The project does not include any exterior alteration which would
adversely impact existing traffic circulation through the alley or
pedestrian pathways in the public right -of -way.
• The remodeling proposed constitutes a minor change which does not
warrant an increase in the landscape area to achieve greater
conformance with the development standards and the addition of
landscaping cannot be accomplished due to the building being built
out to the property lines at the front and rear of the property.
• There have not been any past complaints related to lighting; and the
Code requirement's intent or purpose can be achieved by insuring
that the existing light sources mounted on the subject building are
directed in a manner consistent with the provisions of the Municipal
Code,
5. The approval of Use Permit No. 3607 will not, under the circumstances of the
case, be detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood or be
detrimental or injurious to property or improvements in the neighborhood or
INDEX
SL
City of Newport Beach
Planning Commission Minutes
April 24, 1997
the general welfare of the City, for the following reasons:
The proximity of the municipal parking lots are adequate to serve the
parking demand of the proposed bar facility.
The interior alterations result in a reduction in the overall net public
area and the general parking requirement for the area.
• The proposal is a change of alcohol license of an existing bar and is
not the addition of a new liquor license to an overconcentrated area.
The existing bar establishment has generated a low number of Police
and Department of Alcoholic Beverage Control problems in the area.
The bar use is compatible with the surrounding commercial and
residential uses since bar uses are typically allowed in commercial
districts and the proposed use is less intensive than the existing one at
this location.
Conditions:
That development shall be in substantial conformance with the approved site
plan, floor plan and elevation, except as noted below.
2. That the hours of operation shall be limited between the hours of 10:00 a.m.
and 1 1:00 p.m., Sunday through Thursday: 10:00 a.m, to Midnight, Fridays and
Saturdays except during the months of December and January when the
opening hour will be 9:30 a.m. Saturdays and Sundays. Any increase in the
hours of the facility shall require an amendment to the use permit.
3. That the approval is only for the establishment of a bar type facility as defined
by Title 20 of the Municipal Code, with the principal purpose for the sale and
service of alcoholic beverages with incidental food service.
4. That live entertainment and dancing shall be prohibited, unless an
amendment to this use permit or other required application is first approved in
accordance with the provisions of the MunicipalCode.
5. That this approval shall not be construed as permission to allow concerts or a
theater /nightclub use as defined by the Municipal Code, unless an
amendment to this use permit is first approved by the Planning Commission.
6. That all signs shall conform to the provisions of the Municipal Code,
That the proposed bar facility shall conform to the requirements of the Uniform
Building Code, including State Disabled Access requirements, unless otherwise
approved by the Building Department.
S. That the placement and use of the skill games (pool tables or other
amusement devices) shall be in accordance with the provisions of Chapter
5.34 of the Newport Beach the Municipal Code and the appropriate permit
INDEX
`?
City of Newport Beach
Planning Commission Minutes
April 24, 1997
shall be obtained from the Revenue Manager. Further, that the facility shall be
limited to a maximum of 6 skill games and one juke box, as defined by
Chapter5.34 of the Newport Beach Municipal Code.
That all mechanical equipment shall be screened from view of adjacent
properties and adjacent public streets, and shall be sound attenuated in
accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
10. That the area outside of the establishment, including the public sidewalks, shall
be maintained in a clean and orderly manner. The operator of the facility may
be required to provide periodic steam cleaning of the public sidewalks as
determined by the Public Works Department.
11. That the project shall be designed to minimize light and glare spillage onto
adjacent properties or uses. That prior to issuance of a certificate of
occupancy, the applicant shall demonstrate to the Planning Department that
the exterior lighting system has been evaluated and the light sources
redirected or shielded, and maintained in such a manner as to conceal the
light source and to minimize light spillage and glare to the adjacent
properties. That prior to issuance of the certificate of occupancy or final of
building permits, the applicant "shall schedule an evening inspection by the
Code Enforcement Division to determine substantial conformance with the
intent of this condition of approval, the control of light and glare.
12. That storage outside of the building in the front or at the rear of the property
shall be prohibited.
13. That no outside paging system shall be utilized in conjunctionwith this facility.
14. That no temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the establishment. Temporary.
signs shall be prohibited in the public right -of -way, unless otherwise approved
by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
15. That kitchen exhaust fans shall be installed in accordance with the Uniform
Mechanical Code and approved by the Building Department. That issues with
regard to the control of smoke and odor shall be directed to the South Coast
Air Quality Management District.
16, That the project will comply with the provisions of Chapter 14.30 of the
Newport Beach Municipal Code for commercial kitchen grease disposal.
17. That a wash -out area for refuse containers and kitchen equipment shall be
provided and the area drains directly into the sewer system unless otherwise
INDEX
514
City of Newport Beach
Planning Commission Minutes
April 24, 1997
approved by the Building Director and Public Works Director in conjunction
with the approval of an alternative drainage plan.
18. That the Planning Commission may add to or modify conditions of approval to
this Use Permit or recommend to the City Council the revocation of this Use
Permit, upon a determination that the operation which is the subject of this
Use Permit causes.injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
19. That this Use Permit shall expire unless exercised within 24 months from the'date
of approval as specified in Section 20.80.090A of the Newport Beach Municipal
Code.
INDEX
SUBJECT: McDonald's Restaurant (John Lardas, applicant) I Item 2
• Use Permit No. 3516 Amended UP No. 3516 A
Mrs. Wo stated that the Planning Commission may wish. "to make a motion to Reconsidered
reconsider t action taken in regards to this item on April 10, 1997, as the applicant
may not have eived adequate notice of the Commission hearing of that date.
Motion was made b Commissioner Ridgeway to reconsider the motion approved
on April 10, 1997 for Use ermit No. 3516 as the applicant may not have been given
adequate notice.
Ayes: Fuller, Ridgew, , Kranziey, Selich,Ashley
Noes: none
Absent: Adams, Gifford
Abstain: none
:u.
3. SUBJECT: 2807 Newport Boulevard
McDonald's Restaurant (John Lor s, applicant)
• Use Permit No. 3516 (Amended)
Review of The Planning Director's determination that an aXstools the existing
Use Permit is required to allow the retention of 10 (tehe customer
ordering /service area.
Public Hearing was opened.
Mr. John Lardas, 2807 Newport Blvd., operator and applicant- apologized for
being at the previous meeting and spoke on the issue of the stools. He explained
Item No. 3
UP No. 3516 A
Director's
Determination
Upheld
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