HomeMy WebLinkAboutLa Fogata Restaurant (PA2003-294)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
July 8, 2004
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, aramirez(&city.newport- beach.ca.us
SUBJECT: La Fogata Restaurant, 3025 East Coast Highway
Use Permit No. 3235 Amendment No. 2 and
Outdoor Dining Permit No. 75 Amendment No. 1 (PA2003 -294)
APPLICANT: Houshang Khademi, Restaurant Owner
REQUEST
The applicant requests to amend Use Permit No. 3235 to increase the permitted seating
from 18 to 26 and to permit the sale of beer and wine for on -site consumption (Type 41
ABC License) and to amend Outdoor Dining Permit No. 75 to change the patio seating
arrangement at an existing eating and drinking establishment.
SITE BACKGROUND
Use Permit No. 3235 was approved by the Planning Commission at it's meeting of
November 6, 1986 permitting the establishment of a take -out restaurant with incidental
seating. The approval waived 21 of the required 26 parking spaces. On December 8,
1986, the City Council upheld the decision the Planning Commission but further limited
the seating to a maximum of 12.
Amendment No. 1 to Use Permit No. 3235 was approved by the Planning Commission
at it's meeting of December 10, 1992. The amendment extended the permitted hours of
operation and increased the maximum seating to 18.
Outdoor Dining Permit No. 75 was approved by the Planning Director on October 10,
2000. The permit authorized 90 square feet of area and a maximum of 4 tables and 8
seats for outdoor dining.
La Fogata
July 8,2004
Page 2
VICINITY MAP
LA FOGATA 3025 EAST COAST HIGHWAY
Current
I T-Ti"
To the
La Fogata
July 8,2004
Page 3
DISCUSSION
Staff believes the operational characteristics of the existing restaurant are more akin to
a full service, small scale eating and drinking establishment rather than a take -out
establishment as approved by the existing Use Permit. Full service, small scale is
defined as having 25 or fewer seats with a net public area of less than 1,000 square
feet. Therefore, staff has based the analysis of this project on the premise of re-
classifying it from take -out to full service small scale with a maximum of 25 seats.
The applicant desires to increase the interior net public area from 408 square feet to
458 square feet, add 8 seats inside (for a total of 26) and change the patio seating
arrangement to accommodate a building code required path of travel for an obstructed
exit. As noted the applicant also desires approval to obtain a Type 41 (on -site beer and
wine) ABC license.
General Plan/Local Coastal Plan
The Land Use Element of the General Plan and Local Coastal Plan designate the
project site as Retail and Service Commercial. Restaurants with the ancillary beer an
Wine sales for on -site consumption are a permitted use within the Retail and Service
Commercial land use designation.
Zoning Code (Title 20)
The subject property is located within the Retail and Service Commercial Zoning
Districts. Restaurant uses with alcoholic beverage service are permitted within this
district upon approval of a use permit.
Restaurant Design and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants to ensure that any proposed development will be compatible with adjoining
properties and streets. The development standards include specific requirements for
site requirements, building setbacks, parking and traffic circulation, walls surrounding
the restaurant site, landscaping, exterior illumination, underground utilities, and supply
and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the
above mentioned development standards for restaurants may be modified or waived if
strict compliance is not necessary to achieve the purpose or intent of the standard.
These standards were waived in conjunction with the original approval of Use Permit
No. 3235. Since the increase in intensity of use is relatively minor and the shopping
center is completely established, staff believes the existing waiver of the restaurant
development standards should continue.
La Fogata
July 8,2004
Page 4
Parking
The original approval of Use Permit No. 3235 included a parking waiver for 21 of the 26
required parking spaces. The required parking was based on a take out restaurant use.
The current Zoning Code requires the following number of parking spaces be provided:
Take out Service: 1 per 50 sq.ft.; plus one for each employee on duty
Full Service, small scale: 1 per each 3 seats or 1 per each 75 sq.ft. of net public area
Accessory Outdoor Dining: None, provided the outdoor dining area does not exceed 25%
of the interior net public area
General Retail. 1 per each 250 square feet
Given these regulations, the number of parking spaces for the approved take out use
required by the current Zoning Code is 23 spaces plus one for each employee on duty.
However, the current and proposed use more resembles full - service, small -scale
restaurant based on the seating capacity and menu. Therefore, depending on whether
net public area or number of seats is the parking requirement is either 7 (458 square
feet of npa/75) or 9 (26 seats /3). The proposed increase in seating will likely create a
higher parking demand than what currently exists. However, given the sit down nature
of the restaurant, the pass -by customers who visit multiple businesses in the center on
the same trip and walk -in trade from the surrounding residential neighborhood, the
parking demand of the proposed project will be lower than if a true take -out
establishment were established as permitted by the existing Use Permit. The resulting
parking demand will be somewhere between the 23 (plus one for each employee on
duty) take -out requirement and the 9 full service, small scale requirement. By
comparison, a general retail use, which is permitted by right and could move in to this
location without approval of a parking waiver, would require five parking spaces at this
location.
Based on the Title 20 parking requirements, the proposed change in operational
characteristics permitted by the Use Permit and the existing land uses in the shopping
center where other parking waivers have been granted, staff believes that the existing
parking waiver should remain in effect and cover the increase in seating which will
memorialize the type of use and eliminate the potential for a true take out restaurant
being established. However, since full service, small scale restaurants are limited to a
maximum of 25 seats, staff supports the addition of 7 seats for a maximum of 25 as
opposed to the applicant's request for 26 seats. It should be noted that outdoor dining
area less that 25% of the interior net public area not required to provide parking.
La Fogata
July 8,2004
Page 5
Accessory Outdoor Dininn
Outdoor Dining Permit No. 75 was approved by the Planning Director on October 10,
2000. The permit authorized 90 square feet of area and a maximum of 4 tables and 8
seats for outdoor dining. The seating required that all tables and chairs be located to the
right of the main entry. The Code limits the area used for accessory outdoor dining to
25% of the interior net public area. In this case, the maximum is 144 square feet (25%
of 458). The establishment is currently operating in violation of the existing permit due to
the location of the tables and chairs and due to the use of bench seating creating more
than 8 seats.
The applicant seeks approval to move one of the tables and two chairs from the area
right of the main entrance to the area left of the main entrance. This request arose
because the approved location of the tables does not take into account the building
code requirement that the doors adjacent to the patio area be able to open and a 44-
inch wide unobstructed path to the parking lot be provided for egress.
A site inspection with the Deputy Fire Marshall found that space exists to allow the
proposed seating arrangement as shown on the proposed plans. That arrangement
amounts to 109 square feet of outdoor dining area. A condition of approval (No. 41) has
been included requiring that the 44 -inch path of travel be permanently marked to ensure
that tables and chairs are not located within that area and that the seating arrangement
is in conformance with that shown on the approved plan. Staff is also recommending a
condition of approval (No. 42) requiring that outdoor tables be bolted down to further
ensure that the required path of travel be maintained.
Hours of Operation
The existing Use Permit allows the establishment to operate 6:00 a.m. to 10:00 p.m.
Sunday through Thursday and 6:00 a.m. to 11:00 p.m. Friday and Saturday. The
existing Outdoor Dining Permit allows the patio to be used from 8:00 a.m. to 10:00 p.m.
The existing restaurant maintains business hours of 11 a.m. to 9 p.m. Sunday through
Thursday and 11:00 a.m. to 10:00 p.m. Friday and Saturday. Since the establishment is
fully contained within a retail center adjacent to East Coast Highway and amplified
exterior paging and music is prohibited there is little likelihood that the establishment will
be a problem to nearby residences. Therefore, staff recommends permitted hours of
operation of 6:00 a.m. to 11:00 p.m. daily for both interior and exterior dining areas to
allow flexibility to any future operator that may assume this use permit.
Restrooms
The Building Department has indicated that the building code requires separate gender
restrooms be provided at this location. It appears that during the review of the
La Fogata
July 8,2004
Page 6
Accessory Outdoor Dining Permit staff was under the impression that separate gender
facilities were provided and conditioned the project to provide them. Therefore, the
establishment is operating in violation of Condition No. 5 of the Accessory Outdoor
Dining Permit which requires separate gender bathrooms be provided and accessible to
patrons during business hours. As shown on the plan, La Fogata currently provides a
single unisex restroom. The plans show two restrooms and based on the fixtures
shown, one is men's and one is women's. Therefore, a condition of approval has been
included (No. 43) requiring that separate gender restrooms be provided and that
restroom signage be clearly posted indicating the availability of restrooms and that the
restroom doors be property signed indicating separate men's and women's facilities
prior to the City granting final approval for the issuance of the ABC license by the State
or within 30 days of this approval.
Alcoholic Beverage Outlet Ordinance
The applicant requests approval of a Use Permit to allow the sale of beer and wine
(Type 41 ABC License) for on -site consumption in conjunction with an eating and.
drinking establishment. In accordance with Section 20.89.030A of the Alcoholic
Beverage Outlet (ABO) Ordinance, a new use permit is required for a new Type 41
license. The ABO requires the Planning Commission to consider the following:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in
adjacent reporting districts as compared to the countywide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day
care centers, park and recreation facilities, places of religious assembly,
and schools.
1. Public Convenience or Necessity. The service of alcoholic beverages in
conjunction with this type of restaurant is typical and is expected by the public. Approval
of the sale of alcohol will serve the public's convenience.
2. Crime Rate. Citywide, there were 6,410 crimes reported during calendar year
2003, of which 2,650 were Part One Crimes (serious offenses). The remaining 3,760
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District No. 44, and the part one crime rate for the RD, two
adjacent RD's, City, California and National averages are shown in the following table
for comparison.
La Fogata
July 8,2004
Page 7
RD No. 44:
2,470.46
City Average:
3,502.42
RD No. 39:
32,027.65
California:
39417
RD No. 43:
4,502.81
National:
4118.8
During 2003, the number of Part One Crimes in RD No. 44 was 138 and the number of
Part Two Crimes was 121. Adjacent Reporting Districts are Nos. 39 and 43. RD No. 39
had 278 Part One and 114 Part Two Crimes; and RD No. 43 had 48 Part One and 58
Part Two Crimes. The number of total crimes reporting within the RD of the subject site
is higher than RD 43, which is predominately residential and lower than RD 39 (Fashion
Island /Newport Center). The 259 total crimes are approximately 67.44% higher than the
citywide average.
3. Over Concentration. There are 24 active alcoholic beverage licenses in police
Reporting District No. 44. This application will result in one additional ABC license.
The 24 ABC licenses equates to a per capita ratio of 1 license for every 233 residents
which is higher than the County average of 1/592. However, this is likely attributed to
the fact that RD 44 includes the entire Old Corona Del Mar commercial area which has
a high concentration of restaurants.
4. Alcohol - Related Crimes. The Police Department has provided statistics for driving
under the influence and plain drunk arrests. There were 39 driving under the influence
arrests and 43 plain drunk arrests within RD No. 44 (totaling 82 DUI /Drunk arrests)
during this same period as compared to 1,299 for the entire City. This RD accounts for
to 5.78% of the DUI /Drunk arrests made in the City. RD No. 39 had 75 DUI /Drunk
arrests and RD No. 43 had 19 DUI /Drunk arrests.
5. Adjacent Uses. There are no schools, day care centers or places of religious
worship near the subject property.
Conclusion: Given that the proposed alcoholic beverage service is associated with a
restaurant with full meal service and will be required to remain a bona fide eating and
drinking establishment, the Police Department does not have objections to the operation
as proposed by the applicant. Additionally, the Police Department has reviewed the Use
Permit application and has submitted recommended conditions of approval. The Police
Department recommends the standard conditions of approval related to the sale and
consumption of alcohol to ensure compatibility of the use with its environs. These
conditions are routinely required of alcoholic beverage outlets and are contained within
the draft resolution for project approval. Should the project be approved, the Police
Department will transmit the conditions of approval related to the service of alcohol to
the State Department of Alcoholic Beverage Control (ABC) consistent with this Use
Permit.
La Fogata
July 8,2004
Page 8
ENVIRONMENTAL REVIEW
This project has been reviewed and it has been determined that the construction
associated with the proposed use is limited to minor interior alterations only. Therefore,
the project 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. No written correspondence or any public inquiries
have been received as of the writing of this report.
CONCLUSION
Staff believes the existing and proposed use is better defined as full service, small scale
and as such, the parking requirement is less than the 21 spaces waived through the
approval of the original Use Permit. However, the number of interior seats must be
limited to 25 in order to conform the full service, small scale definition. The modest
increase in net public area and seating with the change in operation from a take -out
establishment to a small scale restaurant will reduce the potential parking demand
conflicts. Additionally, the number of tables and chairs on the outdoor patio should be
limited to 4 tables and 8 chairs to ensure that the building code required clearance and
path of egress is provided for the double doors adjacent to the patio. The addition of
beer and wine for on -site consumption should not prove problematic since the
establishment is a restaurant and is not permitted to operate as a bar or cocktail lounge.
Staff recommends that the Planning Commission approve Use Permit No. 3235
Amendment No. 2 and Outdoor Dining Permit No. 75 Amendment No. 1, to allow
addition of seven seats to the interior dining room, the re- configuration of the outdoor
dining area permitting a maximum of 4 tables and 8 seats and permitting the
establishment to operate under a Type 41 (On -Sale Beer and Wine - Eating Place) ABC
License, subject to the findings and conditions of approval within the draft resolution.
Prepared by:
Gregg B. R mirez, Associate Player
Exhibits:
La Fogata
July 8,2004
Page 9
Submitted by:
Patricia L. Temple, Pla fining Director
1. Resolution No. 2004- ; findings and conditions of approval
2. Police Department Report
3. Use Permit No. 3235 (Amended) Staff Report and Minutes From the
December 10, 1992 Planning Commission Hearing
4. Accessory Outdoor Dining Permit No. 75
5. Proposed Project Plan
EXHIBIT NO. 1-
Draft Planning Commission Resolution No. 2004 -.
10
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 3235 AND AN AMENDMENT TO
ACCESSORY OUTDOOR DINING PERMIT NO. 75 FOR
PROPERTY LOCATED AT 3025 EAST COAST HIGHWAY
(PA2003 -294).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, An application was filed by Houshang Khademi, owner of La Fogata, with
respect to property located at 3025 East Coast Highway, requesting approval of an amendment
to Use Permit No. 3235 requesting approval for six additional seats, approval for the sale of
alcoholic beverages (Type 41 - On -Sale Beer and Wine- Eating Place) pursuant to the Alcoholic
Beverage Outlet Ordinance (ABO), and approval of an amendment to Outdoor Dining Permit
No. 75 to alter the patio seating arrangement. The site is designated Retail & Service
Commercial by the General Plan Land Use Element and is located within the RSC Zoning
District.
WHEREAS, A public hearing was held on July 8, 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. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
WHEREAS, The Planning Commission finds as follows:
1. The City's General Plan designates the site as Retail & Service Commercial.
The Zoning Code designates the site as Retail and Service Commercial, which
allows the site to be used for commercial uses. Eating and Drinking
Establishments with accessory beer and wine sales are permitted uses within
the General Plan and the Zoning Code designations.
2. The location for the proposed Eating and Drinking Establishment requiring this
amended Use Permit and amended Outdoor Dining Permit, and the proposed
conditions under which it would be operated or maintained, is consistent with
the General Plan and the purpose of the Retail and Service Commercial Zoning
District in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the City
for the following reasons:
a. The location of the restaurant is in a commercial area of Old Corona Del
Mar. Surrounding land uses are dominated by a variety of resident and
visitor serving retail commercial and eating and drinking establishments.
Restaurant uses are expected to be found in this and similar locations and
11
Planning Commission Resolution No. _
Page 2 of 8
are complimentary to the surrounding resident and visitor serving
commercial uses and residential uses. The existing establishment operated
under Use Permit No. 3235 and Outdoor Dining Permit No. 75 has not
proved detrimental to the area.
b. The modest increase in net public area and seating with the change in
operation from a take -out establishment to a small scale restaurant will
reduce the potential parking demand conflicts.
c. The project design and operational characteristics including the existing
waiver of the Restaurant Development Standards and 4 parking spaces, as
conditioned, meets the intent of the Zoning Code.
3. The on -site alcoholic beverage service requiring this Use Permit, and the
proposed conditions under which it would be operated or maintained, will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in, or adjacent to, the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the City for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages
in conjunction with a full - service, sit -down eating and drinking establishment.
Alcoholic beverage service is typical and expected by the public at this type of
restaurant;
b. The number of alcohol licenses within the reporting district and adjacent
reporting districts is not significantly high given the commercial nature of the
district and the corresponding high concentration of restaurants.
c. The project site is not located in close proximity to day care centers, schools
or places of religious assembly.
d. The Police Department has reviewed the proposed project and does not
believe that approval of this project will cause an increase in the number of
alcohol related incidents.
e. The sale of alcoholic beverages for on -site consumption is in a building that
is designated and zoned for commercial activity. The use has been
conditioned in such a manner to minimize the impacts associated with the
on -site sale of alcoholic beverages. The plans, as conditioned, meet the
design and development standards for alcoholic sales.
4. The project has been reviewed, and it qualifies for a categorical exemption
pursuant to the California Environmental Quality Act under Class 1 (Existing
Facilities). This exemption allows for the operation, repair, maintenance and minor
alteration of existing buildings.
p
Planning Commission Resolution No. _
Page 3 of 8
NOW, THEREFORE, BE IT RESOLVED
Section 1. Based on the aforementioned findings, the Planning Commission hereby
approves an amendment to Use Permit No. 3235 and an amendment to Accessory Outdoor
Dining Permit No. 75, subject to the Conditions set forth in Exhibit "K.
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 8th DAY OF JULY 2004.
L3'E
ma
Chairman
Secretary
AYES:
ABSENT:
13
Planning Commission Resolution No. _
Page 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
Use Permit No. 3235 Amended No. 2 and
Accessory Outdoor Dining Permit No. 75 Amended No. 1
1. Use Permit No. 3235 Amended No. 2 and Accessory Outdoor Dining Permit No. 75
Amended No. 1 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.
2. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
3. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Use
Permit/Accessory Outdoor Dining Permit or the processing of a new Use Permit/
Accessory Outdoor Dining Permit.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. 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 the current
owner or leasing company.
7. The Planning Commission may add to or modify conditions of approval to this Use
Permit/Accessory Outdoor Dining 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.
8. Should this alcohol license be transferred, any future license holders, operators or
assignees shall be notified of the conditions of this approval by either the current licensee
or business operator. Future licensees, operators or assignees shall submit, within 30
days of transfer of the alcohol license, a letter to the Planning Department acknowledging
their receipt and acceptance of the limitations, restrictions and conditions of approval of
this Use Permit.
9. The project shall be in substantial conformance with the approved floor plan dated June
30, 2004 except that the total interior seating shall not exceed twenty-five (25).
iq
Planning Commission Resolution No. _
Page 5 of 8
10. All development standards pertaining to traffic circulation, walls, landscaping, utilities,
parking lot illumination and a portion of the required parking (21 spaces) shall be waived.
11. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. daily for the interior
dining room and outdoor patio. Any increase in the hours of operation shall be subject
to the approval of an amendment to this application and approval of an amendment to
this Use Permit/Accessory Outdoor Dining Permit.
12. All employees are required to park on site.
13. There shall be no live entertainment and/or dancing at any time.
14. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
15. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 for beer and wine service for on -site consumption
only, and only in conjunction with the service of food as the principal use of the facility.
The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the
alcoholic beverage license type shall be subject to the approval of an amendment to
this Use Permit and may require the approval of the Planning Commission.
16. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the approval of this Use Permit.
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.
17. The alcoholic beverage outlet operator shall take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance in parking areas, sidewalks
and areas surrounding the alcoholic beverage outlet and adjacent properties during
business hours, if directly related to the patrons of the subject alcoholic beverage outlet.
If the operator fails to discourage or correct nuisances, the Planning Commission may
review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning
Code.
18. This Use Permit shall be terminated if the operation is no longer maintained as a bona
fide public eating place" as defined by the California Department of Alcoholic Beverage
Control.
19. No "happy hour" type reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
20. Full meal service shall be provided during all hours of operation.
15
Planning Commission Resolution No. _
Page 6 of 8
21. Sales, delivery and consumption of alcoholic beverages is restricted to and within the
confines of the building portion and delineated outdoor dining area of the premises.
Sales or delivery of alcoholic beverages through any pass -out window is prohibited.
22. Alcoholic beverage sales, delivery and consumption is subject to the review and
approval of the California Board of Alcoholic Beverage Control.
23. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall maintain records that reflect separately the
gross sale of food and the gross sale of alcoholic beverages of the licensed business.
Said records shall be kept no less frequently than on a quarterly basis and shall be made
available to the City on demand.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on -site media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
26. 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 a Special Event Permit issued by
the City.
27. The applicant and or operator shall not share 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.
28. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. Pre - recorded music and use of audio equipment shall be restricted to
interior only, provided further that the exterior noise levels outlined below are not
exceeded. Use of paging sound equipment is prohibited on the exterior of the building.
The noise generated by the proposed use shall comply with the provisions of Chapter
10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no
more than depicted below for the specified time periods unless the ambient noise level is
higher:
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Planning Commission Resolution No.
Paae 7 of 8
29. If problems arise with regard to noise associated with the outdoor dining areas, the
Planning Department shall require the removal of all or a portion of the outdoor dining
area seating in the areas which contribute to the noise problems or complaints.
30. 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 restaurant.
31. 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.
32. The exterior of the eating and drinking establishment/alcoholic beverage outlet shall be
maintained free of litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter, debris and graffiti from the premises and on all abutting
sidewalks within 20 feet of the premises.
33. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
34. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
35. Storage outside of the building in the front or at .the rear of the property shall be
prohibited.
36. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
37. A washout area for refuse containers shall be provided in such a way as to allow direct
drainage into the sewer system and not into the Bay or storm drains unless otherwise
approved by the Building Department and Public Works Department.
11
Between the hours
Between the hours
of 7:OOAM and
of 10:00PM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located
within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
I 60dBA
45dBA
5OdBA
Commercial Property
N/A
I 65dBA
N/A
60dBA
29. If problems arise with regard to noise associated with the outdoor dining areas, the
Planning Department shall require the removal of all or a portion of the outdoor dining
area seating in the areas which contribute to the noise problems or complaints.
30. 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 restaurant.
31. 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.
32. The exterior of the eating and drinking establishment/alcoholic beverage outlet shall be
maintained free of litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter, debris and graffiti from the premises and on all abutting
sidewalks within 20 feet of the premises.
33. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
34. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
35. Storage outside of the building in the front or at .the rear of the property shall be
prohibited.
36. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
37. A washout area for refuse containers shall be provided in such a way as to allow direct
drainage into the sewer system and not into the Bay or storm drains unless otherwise
approved by the Building Department and Public Works Department.
11
Planning Commission Resolution No. _
Page 8 of 8
38. Grease interceptors shall be provided on all fixtures in the restaurant facility where
grease may be introduced into the drainage systems in accordance with the provisions of
the uniform Plumbing Code, unless otherwise approved by the Building Department.
39. The accessory outdoor dining area shall be used in conjunction with the related
adjacent food establishment and shall be limited to a maximum of 108 square feet as
shown on the approved plan and is permitted a maximum of 4 tables and 8 seats.
40. The outdoor patio facility shall be limited to the area as delineated on the approved plan.
A 44 -inch wide path of travel from the adjacent suite exit to the parking lot, shall be
marked upon the floor of the outdoor patio. The exact location of this path shall be
subject to the review and approval of the Building and Fire Department. Within 30 days
of this approval, the applicant shall call the Code and Water Quality Enforcement Division
(at 949 - 6443215) to schedule an inspection of the pavement markings to verify that
compliance with the approved seating plan and Building Code. Any additional seating
beyond what is shown the plan is not permitted. Failure to comply with this condition
will result in code enforcement action if patio seating continues to be used.
41. The tables shall be anchored to the ground to prevent movement of the tables and chairs
outside of the approved outdoor dining area and to maintain the pedestrian access into
the subject facility and across the front of the tenant space by patrons of other
businesses in the shopping center.
42. Prior to final City approval for the issuance of the ABC license by the State or within 30
days of this approval, separate gender restroom facilities shall be accessible to patrons
during the regular business hours of the restaurant facility. A sign shall be posted at the
order counter of the restaurant notifying patrons of the restroom location and access
procedures. Additionally, the signage on the restroom doors shall be changed to indicate
separate men's and women's facilities. The applicant shall contact the Planning
Department to schedule an appointment to verify installation of the required sign
specified by this condition of approval. Failure to comply with this condition will result in
code enforcement action.
43. The use of area heaters shall be approved by the Building Department and the Fire
Department prior to installation or use. The use of propane heaters and the storage of
propane containers on the premises is prohibited, unless otherwise approved by the
Fire Department.
}b
EXHIBIT NO. 2
Police Department Report
0
City of Newport Beach
Police Department
Memorandum
May 24, 2004
TO: Gregg Ramirez —Staff Planner
FROM: CSO Susan Seviane
SUBJECT: H.K.J. Use Permit— Amendment No. 2 to UP No. 3235 (La Fogata)
Per your request our office has reviewed the Project Review Request for La Fogata, located
at 3025 East Coast Highway, Newport Beach, CA 92663. This restaurant would like to
amend Use Permit No. 3235 as follows:
1. Increase their inside dining occupancy from 18 to 26 seats maintain existing
occupancy on their patio at 8.
2. Maintain their hours of operation from 11:00 am to 10:00 p.m. daily.
3. Allow the sale of alcoholic beverages for On -Sale Beer and Wine (Type 41 license).
While we have no serious concerns in regards to on -sale beer and wine eating place, we
believe there is a greater policy /land use issue involved in the approval process for
intensifying the alcohol usage in this area of the community. As a result, it is difficult for the
Police Department to endorse the proposed intensified use permit modification, especially
considering the existing concentration of ABC licenses in the area. Accordingly, we believe
the decision more appropriately should be left to the Planning Commission and /or City
Council based on the said impacts. ,
For police services and statistical information, please refer to the attached report by Crime
Analyst Paul Salenko.
Applicant History:
The business has been family owned since 1992.
Signs and Displays
Signs will remain the same.
N
La Fogata (Amendment No. 2 to UP No. 3235)
Page 2 of 3
Hours of Operation
Restaurant and patio hours 11:00 a.m. to 10:00 p.m. daily.
Preventive Design
None.
Security .
None.
Employee Training
The Police Department recommends that 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 alcoholic beverages.
Additional Comments
The Police Department has no objection to the operation as described by the applicants and,
upon approval of the CUP, will condition the ABC license as necessary to maintain to
maintain the health, safety and welfare of the community.
For the purposes of this application, staff may also want to consider establishing conditions
that would require Special Event Permit. A Special Event Permit may be required for any
event or promotional activity outside the normal operational characteristics of the proposed
operation. For example, events likely to attract large crowds, or events for which an
admission fee is charged, those that include any form of party of contract promoters, or any
other activities as specified in the Newport Beach Municipal Code to require such permits. It
may also be appropriate to establish conditions that would address possible future uses in
the event this business evolves towards a traditional bar -type establishment.
In addition the Police Department believes the following condition would be appropriate for
the Conditional Use Permit for the business:
Approval does not permit the premises to operate as a bar tavern, cocktail lounge or
nightclub as defined, by the Municipal Code, unless the Planning Commission first
approves a, Use Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
3. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
A\
La Fogata (Amendment No. 2 to UP No. 3235)
Page 3 of 3
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. Interior displays of alcoholic beverages or signs, which are clearly visible
to the exterior, shall constitute a violation of this condition.
5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all time maintain records, which
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Department on demand.
6. 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 as issued by the City of Newport Beach.
7. There shall be no dancing allowed on the premises.
8. There shall be no live entertainment of any type on the premises at any time.
Sales, delivery and consumption of alcoholic beverages will be restricted to and within
the confines of the building portion of the premises and sales or delivery of alcoholic
beverages through any pass -out window is prohibited.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
W
Y
City of Newport Beach
Police Department
Memorandum
April 7, 2004
TO: Gregg Ramirez, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the La Fogata at 3025 East
Coast Hwy. This area encompasses our reporting district (RD) number 44 as well as part of
Census Tract 627.01. 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 4,162 were in
RD 44. 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 44
Newport Beach
California*
National*
Part 1
138
2,650
1,384,872
11,87218
Part 2
121
3,760
N/A
N/A
Part 1Crime Rate
2,470.46
3,502.42
3,943.7
4,118.8
The number of active ABC licenses in this RD is 24 **
Per capita ratio 1 license for every 233 residents.
This reporting district had a total of 259 reported crimes as compared to a City wide
reporting district average of 155 reported crimes. This reporting district is 104 crimes or
67.44% above the City wide reporting district average. This location is not 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 licefses**.
Arrest Information
There were 39 DUI arrests and 43 Plain Drunk arrests in this area during this same period as
compared to 1;608 for the entire city. This RD amounts to 5.78% 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 44 Newport Beach
(DUI/Drunk) 82 1,299
All Arrests 152 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 39 and RD 43. The Fashion Island Shopping area is fully located within
RD39. This RD is primarily a commercial area and has very few residences.
Crimes
RD 43
RD 39
Part 1
48
278
Part 2
58
114
Crime Rate
4,502.81
32,027.65
Arrests (DUI/Drunk)
19
75
All Arrests
33
242
Calls For Service
991
4,090
Number of active ABC licenses
7 **
39 **
Per capita ratiol license for every
152 **
22 ** 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 l 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
�4
EXHIBIT NO. 3
Use Permit No. 3235 (Amended) Staff Report and Minutes From the
December 10, 1992 Planning Commission Hearing
),5
Planning Commission Meeting _ ` December 10 1922
Agenda Item No. 4
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit- No. 3235 (Amended) (Public H
Request to amend a previously approved use permit that permitted the
establishment of a take -out restaurant with incidental seating which
specializes in the sale of muffins and frozen yogurt, on property
located in the C -1 -H District. Said approval also included the waiver
of a portion of the required off- street parking spaces. The proposed
amendment involves a request to change the operational characteristics
of the take -out restaurant so as to allow the preparation of food to
include deli sandwiches, hot dogs, and salads. The proposal also
includes a request to extend the hours of operation so as to be open
from 6:00 a.m. to 11:00 p.m. Sunday through Thursday and from 6:00
a.m. to 12:00 midnight Friday and Saturday where the permitted hours
are from 6:30 a.m. to 10:00 p.m. daily, and to allow the permitted
number of seats to be increased from 12 to 18. seats.
LOCATION: Parcel 1 of Parcel Map 163 -23 (Resubdivision No. 673); located at
3025 East Coast Highway, on the southeasterly comer of East Coast
Highway and his Avenue, in the Albertson's Shopping Center in
Corona del Mar.
ZONE: RSC -H (formerly C -1 -11)
APPLICANT: Galardi Group, (Wienerschnitzel) Newport Beach
OWNER: E. Morris Smith, Newport Beach
VITIROMM
This is a request to amend a previously approved use permit that permitted the
establishment of a take -out restaurant with incidental seating which specializes in the sale
of muffins and frozen yogurt, on property located in the C -1 -11 District. Said approval also
included the waiver of a portion of the required off - street parking spaces. The proposed
amendment involves a request to change the operational characteristics of the take -out
restaurant so as to allow the preparation of food to include deli sandwiches, hot dogs, and
M
TO: Planning C _.emission - 2
salads. The proposal also includes a request to extend the hours of operation so as to be
open from 6:00 a.m. to 11:00 p.m. Sunday through Thursday and from 6:00 a.m. to 12:00
midnight Friday and Saturday where the permitted hours are from 6:30 a.m. to 10:00 p.m.
daily, and to allow the permitted number of seats to be increased from 12 to 18 seats. In
accordance with Table 20.33 of the Newport Beach Municipal Code, restaurants: -are
permitted in the RSC -H District, subject to the securing of a use permit in each case. Use
permit procedures are set forth in Chapter 20.80 of :the Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental, Quality Act under Class I (Existing
Facilities).
Conformance with the General Plan and Local Coastal Prop-r m
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate. the site for "Retail and Service Commercial" uses. The subject restaurant is
allowed under this designation. The Land Use Element has also established area specific
land use policies throughout the City. These "area" policies set a floor area ratio (F.A.R.)
development limit of 0.5/0.75 FAR on the subject property, and designated this commercial
stiip:`as a Specific Plan area for its preservation and enhancement, "and to minimize
conflicts with the adjacent (and encircling) residential areas". When adopted, this "plan"
should include appropriate design criteria and off - street parking standards for the entire
area. Inasmuch as the application is for the renovation of an existing building and existing
"`take -out restaurant facility, no increase in the F.A.R. or additional square footage will occur,
and so the proposal is consistent with the Land Use Element policies and guidelines.
In accordance with the provisions of the California Coastal Act, the subject project also
requires the approval of a Coastal Permit.
Subject PrWeriv and Surrounding Land Uses
The subject property is currently developed with a multi-tenant commercial center which
includes. a restaurant, a take -out muffin shop, a health club, a bank, Albertson's
Supermarket and retail businesses. To the northeast, across East Coast Highway,; and to the
southeast across Jasmine Avenue are mixed commercial uses; to the southwest, across First
Avenue, are residential uses; and to the northwest, across Iris Avenue, are residential uses
and commercial.uses with frontage on East Coast Highway.
Background
At its meeting of November 18, 1985, the Planning Commission approved Use Permit No.
1170 that permitted alterations and additions to the Albertson's Shopping Center. A use
�1
TO: Planning Cv nmission - 3
permit was required for the changes because the buildings were nonconforming with respect
to parking (122 parking spaces required and only 76 parking spaces provided on- site).
On August 7, 1975, the Planning Commission approved Use Permit No. 1761 to permit the
establishment of a take -out restaurant (Gina's Pizza) in an existing building with S tables
and 20 seats in the patio area in the subject shopping center. The Commission also waived
all required parking spaces. On June 16, 1977, the Planning Commission approved an
amendment to Use Permit No. 1761 that permitted a closing time of 10:00 p.m. where the
original use permit required a closing time of 8:00 p.m. On April 20, 1978, the Planning
Commission denied a request to amend Use Permit No. 1761 and permit the expansion of
the restaurant with the finding that the proposed remodel would accommodate an expanded
business in a shopping. center which had a substantial parking deficiency. t However, on June
9, 1983, the Planning Commission approved an amendment to Use Permit No. 1761 so as
to permit the enlargement of the kitchen and service area and the installation of a glass and
metal canopy over the outdoor eating area. The Planning Commission waived the
additional parking that would have been required for the expansion. On December 6,1984,
`the Planning Commission approved another amendment to Use Permit No. 1761 so as to
permit the service of on -sale beer and wine in the subject take -out restaurant facility.
At its meeting of November 6, 1986, the Planning Commission approved Use Permit No.
3235 that permitted the subject take -out restaurant with incidental seating specializing in
muffins and frozen yogurt in the shopping center. The Commission also waived a portion
of the required parking spaces (21 spaces). On December 8, 1986, the City Council
sustained the decision of the Planning Commission, but modified conditions of approval as
related to trash receptacles, food products and restricted the number of seats to 12 seats.
The findings and conditions as approved by the Planning Commission and the City Council
are attached for the Commission's information. It should be noted that one of the
justifications for this approval was the opinion that the limited menu did not make this a
destination point and therefore in itself would not increase traffic generation or increase 1he
demand on parking.
At its meeting of July 6; 1989, the Planning Commission approved Use Permit No. 3355, a
request to establish a commercial dry- cleaning plant in an existing dry cleaning pick -up retail
business on the subject property. Parking demand was not an issue inasmuch the dry
cleaning use would not be expected to generate any .greater demand for parking than a
typical retail use, and further that it was intended to serve people who already utilize the
existing facility and who live and work in the area. At that time, 76 on -site parking spaces
existed.
ai is
The applicant proposes to change the operational characteristics of the take -out restaurant
so as to allow the preparation of food to include deli sandwiches, hot dogs, and salads. The
proposal also includes a request to extend the hours of operation so as to be open from 6:00
�ro
TO: Planning c mmission - 4
a.m. to 11:00 p.m. Sunday through Thursday and from 6:00 a.m. to 12:00. midnight Friday
and Saturday where the permitted hours are from 6:30 a.rrL to 10:00 p.m. daily, and to allow.
the permitted number of seats to be increased from 12 to 18 seats.
The existing facility is located in a portion of an existing multi -tenant commercial building.
The subject tenant space is currently occupied by a muffin yogurt shop as established by the
original Use Permit No. 3235. The facility occupies 1,064± square feet of gross floor area.
A maximum of 4 employees will be on duty at any time.
in Onerational Characteristi
The applicant proposes to. change the operational characteristics as related to the type of
menu items which will be sold. An example of the menu is attached for the Commission's
information. .T ie existing facility was limited so as to allow no cooking or preparation of
food other than frozen yogurt, muffins, beverages or products of a similar nature unless an
amended use permit were approved by the City at a later date. Said amendment could
require the addition of kitchen exhaust fans, washout areas for trash containers, and grease
interceptors." (Condition of Approval No. 2 of Use Permit No. 3235).. The appropriate
conditions of approval have been incorporated into the attached Exhibit "A" to
accommodate the change in the menu. Staff is of the opinion that the proposed. change in
the operational characteristics may create a use which is more. of a destination point than
the existing facility due to the expanded menu that includes cooked or prepared food items.
The creation of a.take -out restaurant with a major franchise name of Wienerschnitzel may
also increase traffic generation and parking demand for the shopping center which cannot
be accommodated by the existing on -site parking.
Number of Proposed Seat
The existing take -out restaurant facility as originally approved, permitted 6 tables and 12
seats (see attached original floor plan). The applicant proposes to slightly alter the interior
seating arrangement so as to provide tables, counters and seating for 18 persons (see
attached floor plan). It should be noted that the area devoted to seating remains essentially
the same, but increases the number of seats provided. Staff feels that any additional seating
may create more of a parking demand on the site.
Hours of Operation
The applicant is requesting an increase in the hours of operation so as to open a half hour
earlier (6:00 a.m.) and close one hour later on weekdays (11:00 p.m.) and two hours later
on weekends (12:00 midnight). The previous hours of operation were limited between 6:30
a.m. and 10:00 p.m., daily. The increased hours at night on weekends may be detrimental
to the adjoining residential dwellings. It should be noted that Gina's Pizza's regular hours
of operation are from 11:00 a.m. to 9:00 p.m. daily, and Albertson's Market are from 6:00
a.m. to 11:00 p.m.
0
TO: Planning Commission - 5
Off - Street Parking Requirement
Section 20.30.035 B of the Municipal Code requires one parking space for each employee
on duty during peak hours and one parking space for eacli 50 square feet of gross floor area
within a take -out restaurant facility unless modified or waived by the Planning Commission
in accordance with Section 20.72.130 of the Municipal Code. Based on a gross floor area
of 1,064± square feet and a maximum of 4 employees on duty during peak hours, a total
of 26 parking spaces would be required (1,064± sq.ft. _ 50 = 213 or 22 spaces; 22 + 4
employees = 26 spaces). Under Section 20.30.035 B of the Municipal Code which requires
one space for each 250 square feet of commercial space, the previously permitted retail use
of 1;064 sq.ft. would generate a requirement for 5 parking spaces. Thus, based on the above
requirements, 21 additional parking spaces would be required, over and above what .the
current uses would require, for the take -out facility which are not available on -site. The
previous approval of Use Permit No. 3235, waived all additional 21 parking spaces. Staff,
upon inspection of the site on Monday, November 30, 1992 at 11:20 am. observed
approximately 20 vacant parking spaces. On Friday, December 4, 1992, 33 on -site parking
spaces were vacant at 12 :00 noon.
It should be noted that Condition of Approval No. 13 of Use Permit No. 3235; required that
"the applicant shall retain an engineer to work with the City Traffic Engineer to review the
layout of the parking lot to determine if it can be modified to increase the number of
parking spaces. If the Traffic Engineer approves a revised design, the applicant shall
implement the revisions. ". The determination made by the engineer retained. for the study
indicated that a redesign would only result in one additional parking space. =. Planning
Department staff and the City Traffic Engineer were of the opinion that I the cost of
implementing such a redesign to the parking lot to gain one parking space was not
justifiable. The existing number of parking spaces is currently 75 spaces. The reduction in
the number is a direct result of the installation of handicap parking spaces near the market
which resulted in the loss.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal
Code states that any of the above mentioned development standards for restaurants may be
modified or waived if such modification or waiver will achieve substantially the same results
and will in no way be more detrimental to adjacent properties or improvements than will
the strict compliance with the standards.
Staff is of the opinion that the on -site development standards as they apply to traffic
circulation, walls and parking lot illumination, landscaping, and a portion of the off - street
parking spaces should be waived if the Planning Commission approves this application
because of the existing physical characteristics of the shopping center.
F
TO: Planning c. mmission - 6
Specific Findingg and 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 worldng 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.
Should the Planning Commission wish to approve this application, appropriate findings and
conditions in conjunction with the applicant's request are set forth in the attached Exhibit
"A". The Commission may desire to revise the permitted number of seats or hours of
operation in- Exhibit "A" in approving this application. ,However, if the Planning
Commission desires to deny this application, the findings set forth in the attached Exhibit
"B" are suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
,By-
avier Garcia WRu
Senior Planner
Attachments:. Exhibit "'A"
Exhibit 'B"
Vicinity Map
Plot Plan
Original Floor Plan as Approved on December, 8, 1986
Proposed Menu
Excerpt of Planning Commission Minutes
dated November 6, 1986
Excerpt of City Council Minutes and
Final Findings and Conditions dated December 8, 1986
Elevation, Floor Plan, and Miscellaneous Plans
TO: Planning Ca..,mission - 7
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3235 (AMENDED)
1. That the proposed development is consistent with the Land Use Element of the
General Plan and with the Local Coastal. Program, and is compatible with the
surrounding land uses.
2. The project will not have any significant environmental impact.
3. That the waiver of the development standards as they pertain to traffic circulation,
walls, landscaping, utilities, and a portion of the required parking spaces (21 spaces)
will be of no further detriment to adjacent properties inasmuch as the site has been
developed and the structure has been in existence for many years.
4. That the approval of Use Permit No. 3235 (Amended) will not,: -under the
circumstances of this case, be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing and working in the neighborhood,
or be detrimental or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
1. That development shall be in substantial conformance with the approved plot plan,
floor plan and elevations.
2. That seating and /or counter space for no more than 18 customers shall be permitted.
3. That all previous applicable conditions of approval of Use Permit No. 3235 shall
remain in effect.
4. That the hours of operation shall be limited between the hours of 6:00 am. to 11:00
p.m. Sunday through Thursday and from 6:00 am. to 12:00 midnight Friday and
Saturday, unless an amended use permit is approved by the Planning Commission.
5. That exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
6. That a washout area for refuse containers be provided in such a way as to allow
direct drainage into the sewer system and not into the Bay or storm drains unless
otherwise approved by the Building Department and the Public Works Department.
7. That grease interceptors shall be provided on all fixtures in the restaurant facility
where grease may be introduced into the drainage systems in accordance with the
provisions of the Uniform Plumbing Code, unless otherwise approved by the Building
Department.
3�L
TO: Planning t.,mmission - 8
8. That a trash compactor shall be installed unless an existing compactor is maintained.
9. That all trash, including compacted trash bags and recyclable containers, shall be
stored within the building until the morning of the scheduled trash pick up days.
Said -trash accumulated on weekends shall be stored in the building until the first
pick -up day of the week.
10. The empty sealed containers shall be removed from the parkway as soon as possible
after trash has been picked up. The containers must be stored inside the building,
and not stored outside by the rear of the building.
11. That Coastal Commission approval shall be obtained prior to the implementation of
the change in the operational characteristics of the take -out restaurant facility.
12. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to
.. advertise the restaurant facility.
13., That no outside paging system shall be utilized. in conjunction with the proposed
development.
14. 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 amendment causes
injury, or is detrimental to the health, safety, peace, morals, comfort, or general
Welfare of the community.
15. That this use permit shall expire unless exercised within 24 months from the date of
: approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code.
35
TO: Planning Coi"niWi sion - 9
EXHIBITS"
FINDINGS FOR DENIAL OF
USE PERMrr NO. 3235 (AMENDED)
1. That the proposed change in the operational characteristics of the existing take -out
restaurant establishment from a neighborhood muffin yogurt shop to a nationally
identifiable fast food restaurant establishment with additional seats, represents an
intensification of use that will result in increased traffic generation and increased
parking demand for the area.
2. That adequate offstreet parking is not available for the subject take -out restaurant
facility to satisfy the parking requirements of the Municipal Code.
3. That the additional hours of operation at night on weekends may be detrimental to
adjacent residential properties.
4. That the approval of Use Permit No. 3235 (Amended) will, under the circumstances.
of this case, be detrimental to the health, safety, peace, morals, comfort and general
welfare of persons residing or working in the neighborhood or to the general welfare
of the City.
-9
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Gourmet Salads
Caesar
3.59
Chicken Caesar
4.57
Chef
5.29
Cobb
5.29
Oriental Chicken
4.57
Muffins
Bran
1.25
Blueberry Bran
1.25
Blueberry
1.25
Apple Cinnamon
1.25
Cinnamon Coffee Cake
1.25
Banana Nut
1.25
Lemon Poppy Seed
1.25
Other
1.25
Other
1.25
Other
1.25
Other
1.25
Other
1.25
Coffee
Espresso
1.00
1.50
Capucino
1.50
2.00
Cafe Latte
1.50
2.00
Iced Capucino
1.50
2.00
Cafe Mocha
1.50
2.00
Deli Sandwiches
Hot Pastrami
3.59
Hot Roast Beef Dip
3.59
Turkey Sandwich
3.59
Roast Beef
3.59
Polish Sandwich
1.99
3
Bigfoot Hot Dogs
.69
Bigfoot Chili Cheese Dog
2.09
Bigfoot Chili Dog
1.69
Bigfoot Relish Dog
1.59
Bigfoot Mustard Dog
1.39
Original Hot Dogs
.69
Chili Cheese Dog
1.12
Deluxe Dog
1.09
Chili Dog
.92
Kraut Dog
.92
Mustard Dog
.77
10 Pak- To -Go, 10 Chili Dogs
7.99
Kid's Adventure Meal
Iced Tea "Fresh Brewed"
Mustard Dog, Chips, Drink & Prize
.79
2.39
Drinks
Pepsi
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.79
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Diet Pepsi
.69
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Slice
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Mt Dew
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Dr Pepper
.69
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Iced Tea "Fresh Brewed"
.69
.79
.89
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Orange Juice 100% Florida
.59
Milk
.62
Coffee
.49
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Chocolate Chunk Cookie .69
opmdminlcomm.pm
3�
COMMISSIONERS
MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
Use Permit No 3235 (Amended) (Public Hearing)
Item No.
Request to amend a previously approved use permit that permitted
UP323 5A
the establishment of a take -out restaurant with incidental seating
which specializes in the sale of muffins and frozen yogurt, on
Approved
property located in the C -1 -H District. Said approval also
included the waiver of a portion of the required off - street parking
spaces. The proposed amendment involves a request to change
the operational characteristics of the take -out restaurant so as to
allow the preparation of food to include deli sandwiches, hat dogs,
and salads. The proposal also includes a request to extend the
hours of operation so as to be open from 6:00 a.m. to 11:00 pm.
Sunday through Thursday and from 6:00 a.m- to 12:00 midnight
Friday and Saturday where the permitted hours are from 6:30 a.m.
to 10:00 p.m. daily, and to allow the permitted number of seats to
be increased from 12 to 18 seats.
LOCATION: Parcel 1 of Parcel Map 163 -23
(Resubdivision No. 673), located at 3025 East
Coast Highway, on the southeasterly comer
of East Coast Highway and Iris Avenue, in
the Albertson's Shopping Center in Corona
del Mara
ZONE: RSC -H (formerly C -1 -H)
APPLICANT: Galardi Group (Wienerschnitzel) Newport
Beach
OWNER: E. Morris Smith, Newport Beach
James D. Hewicker, Planning Director, stated that the issues
regarding the subject application are offstreet parking and trash
inasmuch as they have been the concerns at the subject location
during the past 22 years. He addressed the numerous trash barrels
that exist on the sidewalk on Iris Avenue that come from the use
of the adjacent pizza restaurant, and the existing trash facility that
is located on the property that is controlled by the video store.
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COMMISSIONERS
L Le 0
MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
In response to a question posed by Commissioner Gifford, Mr.
Hewicker explained that the issue of the existing trash containers
on the street created by the adjacent pizza restaurant could be
increased by the expanded use of the subject franchised restaurant.
In response to a question posed by Commissioner Glover, Mr.
Hewicker explained that there is a trash pickup Monday through
Friday, and not on weekends.
Commissioner Merrill and Mr. Hewicker discussed the feasibility
of the Commission calling up the pizza restaurant's use permit
because of the concern regarding the trash. Commissioner Merrill
stated that the subject request should not be denied because of the
trash created by other uses in the area Commissioner Merrill and
Mr. Hewicker discussed the feasibility of adding a condition to
Exhibit "A" that would limit the menu items so as to reduce the
trash.
In response to a question posed by Commissioner DiSano
regarding Conditions No. 8, 9, and 10 in Exhibit "A" of the staff
report Mr. Hewicker explained that the conditions contain staffs
concerns regarding trash, and if the applicant did not comply with
the conditions, Condition No. 14 would permit the Commission to
call up the use permit for review.
The public hearing was opened in connection with this item, and
Mr. Jerry King, J. A. King & Associates, appeared before the
Planning .Commission on behalf of the applicant. Mr. King
explained that the Planning Commission approved Condition No.
9, Use Permit No. 3235 on November 6, 1986, requiring a trash
compactor; however, the Building Department chose not to require
the installation of a trash compactor and allowed the operation to
continue to operate with trash containers. The applicant has
agreed to install a trash compactor as required in the subject
request. He explained that the trash container that is located at
the video store has been on the site since the meat market
occupied the location. Mr. King addressed Condition No. 7,
Exhibit "A ", requesting that grease interceptors be provided, and
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GDMNIISSIONERS
December 10, 1992
CITY OF NEWPORT BEACH
11
ROLL CALL
egg
he indicated that the applicants would not prepare foods that
require grease as indicated by the menu that is attached to the
staff report. Mr. Hewicker explained that Condition No. 7 is a
standard condition that is. placed on the majority of restaurant use
permits and the Building Department has the option of requiring
the device based on the manner that the facility would be
operated.
In response to a question posed by Chairman Edwards, Mr. King
concurred with the findings and conditions in Exhibit "A ", and the
applicant intends to submit the attached menu as part of the
application.
Commissioner Merrill suggested that a condition be added that
would state that no hot dog grill would be allowed as indicated on
the plan that was submitted to the Commission.
In response to a question posed by Commissioner Gifford
regarding Condition No. 7, Exhibit "A ", discussion followed
regarding the Grease Interceptor Ordinance. Chairman Edwards
concluded that if a new type of grease interceptor would be
introduced in the future that the City would have the ability to
require the applicant to comply with the City's request.
In reference to Condition No. 10, approved by the Commission on
November 6, 1986, requiring employee on -site parking, Mr. King
pointed out that said condition was eliminated on the subject
application; however, Condition No. 3 states that all previous
conditions shall remain in effect. Mr. King explained that the
leases that the tenants sign with" the property owner restrict
employees from parking on the site because of the shortage of
parking. He submitted a petition with 130 signatures from the
community stating that they endorse the subject proposal. Mr.
Hewicker stated that parking problems occur when there are
residential uses on the side streets and commercial uses on the
boulevards, and restaurants are concerns because they generally
open earlier in the morning and close late at night. He explained
that conditions are placed on the use permits to address the issue
-16-
tia"
COMMISSIONERS
MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
of employees parking in residential areas. Mr. Burnham explained
that the City has the right to impose conditions on businesses
when granting use permits.
In response to a question posed by Commissioner Gifford, Mr.
King explained that he did not mean to imply that all of the other
tenants would be in violation of their leases if the employees
parked on -site; however, the subject applicant would be in
violation. Mr. King addressed the availability of parking on -site
and the attitude of the residential neighborhood.
Mr. King stated that Albertson's Market is open until 12:00
midnight seven days a week and not to 11:00 p.m. as indicated in
the staff report. Mr. Laycock pointed out that the City contacted
the management at Albertson's Market and staff was informed
that the market closed at 11:00 p.m.
In response to a question posed by Commissioner DiSano, Mr.
King indicated that he has requested that the required employee
on -site parking that was approved in 1986 be removed from the
subject application.
Commissioner Merrill indicated that the closing hour of 12:00
midnight as requested is too late based on the adjoining residential
neighborhood. Mr. King responded that the neighbors signing the
petition were not concerned about the restaurant closing at 12:00
midnight.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
+lotion
*
Motion was made to approve Use Permit No. 3235 (Amended)
subject to the findings and conditions in Exhibit "A", amending
Condition No. 3 to state with the exception that the requirement that
the employees are not required to park on -site. Commissioner
DiSano stated that the required grease interceptors would address
concerns regarding grilling, and no one appeared before the
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COMMISSIONERS
ho
MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
Commission to address concerns with respect to the restaurant
closing at 12:00 midnight.
In response to a question posed by Commissioner. Glover, Mr.
Hewicker explained that the City normally requires employees to
park on -site and if it is a problem between the tenant and the
landlord, then the concern should be resolved between the two
parties inasmuch as the City also considers the community.
> ubstitute
Commissioner Glover made a substitute motion to approve Use
aotio n
*
Permit No. 3235 (Amended) subject to the findings and conditions
in Exhibit "A" as proposed by staff
Commissioner Merrill made a substitute substitute motion to
: ubstitute
amend Condition No. 4, Exhibit "A ", to state that the hours of
substitute
operation shall be to close at 10:00 p.m. Sunday through Thursday
lotion
and 11:00 p.m. Friday and Saturday. He expressed a concern
regarding the parking.
Chairman Edwards stated that he would support the substitute
substitute motion.
Mr. King reappeared before the Planning Commission wherein he
explained that parking is not a problem in the immediate area.
yes
*
Substitute Substitute motion was voted on to approve Use Permit
o
*
No. 3235 (Amended) subject to the, findings and conditions in
bsent
Exhibit "A", and to amend Condition No. 4 to state that the
operation shall close at 10:00 p.m Sunday through Thursday and
11:00 p.m. Friday and Saturday. MOTION CARRIED.
FINDINGS:
1. That the proposed development is consistent with the Land
Use Element of the General Plan and with the Local
Coastal Program, and is compatible with the surrounding
land uses.
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COMMSSIONERs
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December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
2. The project will not have any significant environmental
impact.
3. That the waiver of the, development standards as they
pertain to traffic circulation, walls, landscaping, utilities,
and a portion of the required parking spaces (21 spaces)
will be of no further detriment to adjacent properties
inasmuch as the site has been developed and the structure
has been in existence for many years.
4. That the approval of Use Permit No. 3235 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general .
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plan, floor plan and elevations.
2. That seating and /or counter space for no more than 18
customers shall be permitted.
3. That all previous applicable conditions of approval of Use
Permit No. 3235 shall remain in effect.
4. That the hours of operation shall be limited between the
-
hours of 6:00 am. to 10:00 p.m. Sunday through Thursday
and from 6:00 a.m. to 11:00 Friday and Saturday, unless an
amended use permit is approved by the Planning
Commission.
5. That exhaust fans shall be designed to control smoke and
odor, unless otherwise approved by the Building
Department.
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COMMISSIONERS
MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
6. That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer
system and not into the Bay or storm drains unless
otherwise approved by the Building Department and the
Public Works Department.
7. That grease interceptors shall be provided on all fixtures in
the restaurant facility where grease may be introduced into
the drainage systems in accordance with the provisions of
the Uniform Plumbing Code, unless otherwise approved by
the Building Department.
8. That a trash compactor shall be installed unless an existing
compactor is maintained.
9. That all trash, including compacted trash bags and
recyclable containers, shall be stored within the building
until the morning of the scheduled trash pick up days. Said
trash accumulated on weekends shall be stored in the
building until the first pick -up day of the week.
10. The empty sealed containers shall be removed from the
parkway as soon as possible after trash has been picked up.
The containers must be stored inside the building, and not
stored outside by the rear of the building.
11. That Coastal Commission approval shall be obtained prior
to the implementation of the change in the operational
characteristics of the take -out restaurant facility.
12. That no temporary "sandwich" signs shall. be permitted,
either on -site or off -site, to advertise the restaurant facility.
13. That no outside paging system shall be utilized in
conjunction with the proposed development.
14. That the Planning Commission may add to or modify
conditions of approval to this use permit, or recommend to
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COMMISSIONERS
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MINUTES
December 10, 1992
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
the City Council the revocation of this use permit upon a
determination that the operation which is the subject of this
amendment causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general .welfare of the
community.
15. That this use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090 A of the Newport Beach Municipal Code.
endment No. 775 Continued Public Hearin
Item No.5
Requ to amend a portion of Districting Map No. 3 so as to
n775
establish 6.3 foot front yard setback on 3 lots from the existing
Clubhouse enue easement adjacent to the bulkhead on the Rivo
Alto Channel ere the Districting Map currently designates a 3
coast d to
1/7/93
foot front yard se ck from the original front property lines, prior
to the abandonmen f a portion of the street right -of -way.
LOCATION: Lot Block 432, Canal Section and an
abando d portion of Clubhouse Avenue,
located at 00, 400 112, and 402 Clubhouse
Avenue, on the northeasterly side of
Clubhouse Ave e, between the Rivo Alto
Channel and Fi ey Avenue, in West
Newport. .
ZONE: R -2
APPLICANT: City of Newport Beach
James D. Hewicker, Planning Director, recommended th this
item be continued to the Planning Commission meeting of Jan
7, 1993.
-21-
�1
EXHIBIT NO. 4
Accessory Outdoor Dining Permit No. 75
4
�E.wapR
CITY OF NEWPORT BEACH
Application:
o n
Application
PLANNING DEPARTMENT
Complete:
3300 NEWPORT BOULEVARD
Date of Notice:
NEWPORT BEACH, CA 92658
Date Approved:
(949) 644 -3200; FAX (949) 644 -3250
Staff Person:
Appeal Period:
Application No:
Applicant:
Owner:
Address of
Property Involved:
Legal Description-
Application Request:
Accessory Outdoor Dining Permit No. 75
La Fogata Restaurant
Edward Smith, Newport Beach
3025 East Coast Highway
Parcel i of Parcel Map 163 -23
Outdoor Dining Permit No. 75
September 1, 2000
September 8, 2000
October 10, 2000
Javier S. Garcia,. 644 -3206
14 days after approval date
Establishment of, an accessory outdoor dining use in conjunction with an existing take -out
restaurant, on property located in the RSC District.
Director's Action: APPROVED, October 10, 2000
The Planning Director determined in this case that the proposal would not be detrimental to
persons, property or improvements in the neighborhood and that the accessory outdoor dining
permit as approved is consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following findings:
FINDINGS
The Land Use Element of the General Plan and the Land Use Plan of the Local Coastal
Program designate the property for "Retail and Service Commercial" land use. The
proposed outdoor dining is accessory to an approved food service use, a permitted use
within that designation.
2. 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. The approval of this application will not, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort, and general welfare of the city
for the following reasons:
• The use is accessory to and an extension of the approved food service use, subject
to all the findings and conditions of approval of Use Permit No. 3235 and any
subsequent amendments or approvals, and not an independent use.
q1
Page - 2
• The proposed outdoor dining area is compatible with the surrounding land uses
and with the limited hours of operation, noise associated with the outdoor use
should not adversely impact the nearby residential uses.
• The approval does not include the introduction of any noise generating activities
(i.e., entertainment).
• The proposed accessory outdoor dining use will not be located in such a way so as
to result in a reduction of existing parking spaces.
• The restrictions on the use of solid roof structures as applied to this approval are
consistent with the intent and purpose of the accessory outdoor dining use.
CONDITIONS:
1. Development shall be in substantial conformance with the approved site plan and floor
plan, except as noted in the following conditions.
2. The accessory outdoor dining area shall be used in conjunction with the related adjacent
food establishment and shall be limited to a maximum of 8 seats and 90 sq. ft. (gross
area, 25 percent of the indoor net public area of 408 sq. ft.), unless an amendment to this
permit is first approved. The final configuration of the outdoor dining area (seating plan)
to accommodate the primary access to the business shall be submitted and approved by
the Building Department and the Planning Department prior to implementation of the
outdoor dining use.
3. The seating adjacent to the food use facility shall be limited to the area as delineated on the
approved site plan only. The approved outdoor dining area shall be located on a solid
surface in accordance with the approved floor plan or seating plan. The use of pavement
marking to delineate the area shall be specifically defined and labeled to establish the
comers of the dining area. Prior to installation, the applicant shall call the Code
Enforcement Division (at 949 -644 -3215) to schedule an inspection of the pavement
marking that define the comers of the outdoor dining area.
4. The tables shall be anchored to the ground to prevent movement of the tables and chairs
outside of the approved outdoor dining area and to maintain the pedestrian access into the
subject facility and across the front of the tenant space by patrons of other businesses in the
shopping center.
5. The separate sex restroom facilities shall remain accessible to patrons during the regular
business hours of the restaurant facility. A sign be posted at the order counter of the
restaurant notifying patrons of the restroom location, access procedures and requirements.
The sign shall be installed within 30 days of the effective date of this approval. The
applicant shall contact the Code Enforcement Division to schedule an appointment to verify
installation of the required sign specified by this condition of approval. .
6. The hours of operation of the outdoor dining area are limited to between 8:00 a.m. and
10:00 p.m., daily. The patio shall be closed and not utilized during the non - specified
operational hours after 10:00 p.m. The hours of operation of the outdoor dining area shall be
conspicuously posted and actively enforced by the management of the food service facility.
Any increase in the hours of operation shall be subject to the approval of an amendment
I
Page - 3
to this application and approval of a use permit. The interior restaurant operation shall be
governed by the hours specified in conjunction with the approval of Use Permit No. 3235
and its amendments.
7. All applicable conditions of approval of Use Permit No. 3235 and its amendments shall
remain in force (copy attached). This includes the limitation on the interior seating to 18
seats, unless the use permit is amended to increase the maximum.
S. The operator of the food service use shall be responsible for the clean-up of all on -site
and off -site trash, garbage and litter generated by the use. Additionally, the area outside.
of the food establishment, including the public sidewalks, shall be maintained in a clean
and orderly manner and may be subject to providing periodic steam cleaning of the public
sidewalks as required by the Public Works Department.
9. Trash receptacles for patrons shall be conveniently located outside of the related food
service facility to serve the accessory outdoor dining area.
10. No outside paging system shall be utilized in conjunction with this outdoor dining
11. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless a use
permit is first approved in accordance with the provisions of the Newport Beach
Municipal Code.
12. The operator of the restaurant facility shall be responsible for the control of noise
generated by the outdoor dining use. The use of outside loudspeakers, paging system or
sound system shall be prohibited in the outdoor dining area. The noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. That is, the sound shall be limited to no more than depicted below for
the specified time periods:
13. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor
the sound generated by the outdoor dining activity to insure compliance with these
conditions, if required by the Planning Director in response to noise complaints.
14. The use of area heaters shall be approved by the Building Department and the Fire
Department prior to installation or use. The use of propane heaters and the storage of
5�
Between the hours of
7:00 a.m. and 10:00 p.m.
- Between the hours of
10:00 p.m. and 7:00 a.m
interior exterior
tan erior
xte eri or
Measured at the property line of
commercially zoned property:
N/A 65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A 60 dBA
N/A
50 dBA
Residential property:
45 dBA 55 dBA
40 dBA
50 dBA
13. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor
the sound generated by the outdoor dining activity to insure compliance with these
conditions, if required by the Planning Director in response to noise complaints.
14. The use of area heaters shall be approved by the Building Department and the Fire
Department prior to installation or use. The use of propane heaters and the storage of
5�
Page - 4
propane containers on the premises is prohibited, unless otherwise approved by the Fire
Department.'
15. If problems arise with regard to noise associated with the outdoor dining areas, the
Planning Department shall require the removal of all or a portion of the outdoor dining
area seating in the areas which contribute to the noise problems or complaints.
16. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing company.
17. The Planning Department may add to or modify conditions of approval to this outdoor
dining permit, or revoke this approval upon a finding of failure to comply with the
conditions set forth in Chapter 20.82 of the Municipal Code or other applicable
conditions and regulations governing the food establishment. The Planning Director or
the Planning Commission may also revoke this permit upon a determination that the
operation which is the subject of this approval causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
The decision of the Planning Department is final, however, the approval is subject to call up by the
Planning Commission or the City Council for referral to the Planning Commission within 14 days
of the date of the decision. Additionally, in accordance with the provisions of Section 20.82.080 of
the Municipal Code, the applicant or any interested party may appeal the decision of the Planning
Director to the Planning Commission within 14 days of the date of the decision. A filing fee of
$714.00 shall accompany any appeal filed.
PATRICIA L. TEMPLE, Planning Director
By (Qe 4
Xvier S. Garcia, AICP
Senior Planner
Attachments: Appendix
Detail Seating Plan
Letters of Virginia Cole, Corona del Mar
Opposition: Keith and Susan Dean, CDM
F USERSTLMSHAREDV OUT- DNG\ACT10NS %0D75
cc: /
La Fogata Restaurant
3025 East Coast Highway
Corona Del Mar, CA 92625
property owner ✓
Edward Smith
501 Via Lido Soud,
Newport Beach, CA 92660
Code Enforcement Officer
p
EXHIBIT NO. 5
Proposed Project Plan
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