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HomeMy WebLinkAboutQuick Food Restaurants at the Bluffs (PA2003-089)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 1 May 22, 2003 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210 jampbell @ city. newport- beach.ca. us SUBJECT: Quick Food Restaurants at the Bluffs Commercial Center (PA2003 -089) 1300 Bison Avenue Request an amendment to Use Permit No. 2001 -020 to increase the number of Use Permits for eating and drinking establishments that the Planning Director can authorize from 7 to 10. Additionally, the application seeks to increase the total area occupied by the establishments by 115 sq. ft. and the potential sale of alcoholic beverages (beer and wine) for the 3 additional establishments. APPLICANT: Martin Potts & Associates for the property owner, The Irvine Company RECOMMENDATION: Hold a public hearing and approve an amendment to Use Permit No. 2002 -020 by adopting the revised and new conditions contained within Exhibit No. 6. DISCUSSION: Background: On July 18, 2002, the Planning Commission approved Use Permit No. 2002 -020 (Exhibit No. 1, 2, & 3). This permit authorized the Planning Director to issue up to seven individual Use Permits for eating and drinking establishments with beer and wine service. The individual permits are subject to 25 conditions of approval that in part: • Limit the total number of establishments to seven (7). • Each must be less than 5,000 square feet. • The total floor area of the 7 permitted quick food restaurants must not exceed 19,694 square feet (exclusive of outdoor dining areas). • Hours of operation are limited to 6:00 AM and midnight daily. • No live entertainment or dancing. • No bar areas. Quick Food Restaurants at the Bluffs May 22, 2003 Page 2 Larger restaurants or those that would choose to include operational characteristics inconsistent with the Use Permit would be required to process a separate Use Permit under the jurisdiction of the Planning Commission. Islands Restaurant that was on the Planning Commission's previous agenda is an example. The Planning Director has issued 6 of the 7 total Use Permits with two additional applications pending. Approved: 1. Daphne's Greek Cuisine 2. Baja Fresh 3. Pasta Bravo 4. Pei Wei Asian Diner 5. Quizno's 6. Panera Pending: I. Wasa Sushi 2. Carl's Jr. Amendment: The applicant requests that the total number of establishments be increased from 7 to 10. Additionally, the applicant would like the total area that can be occupied by the establishments to be increased by 115 square feet. This increase is not an increase in the total gross floor area of the site. Analysis: The limit of 7 establishments was established at the applicant's request. The applicant indicates that their leasing plans have changed since last summer, which led them to request 10 total establishments. A tenant previously thought to take 3 suites is no longer moving forward and the area will be divided up into 3 spaces. This results in a need for 2 additional permits. The applicant is requesting 3 additional permits in the event that another space is divided into two spaces in the future. The limit of 19,694 square feet was established in accordance with the final plans issued for construction, which was based upon the availability of parking. Site Plan Review No. 2001 -001 authorized a total of 20,925 square feet for the site and the current state of leasing has established a 12 space surplus based upon the parking requirements of the Bonita Canyon Planned Community. One space for every 100 square feet of gross floor area is required for the establishments. The increase of 115 square feet is consistent with SR 2001 -001 and the 12 space surplus would allow for the increase in area. The existing Use Permit authorizes the sale of beer and wine and there would be a possibility to increase the total number of alcoholic beverage outlets. Therefore, the Quick Food Restaurants at the Bluffs May 22, 2003 Page 3 Commission must consider the following factors pursuant to the Alcoholic Beverage Outlet ordinance: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. A discussion of these factors is contained within the staff report for the initial 7 restaurants, which is attached. It should be noted that only 3 of the 6 establishments permitted will serve beer and wine. Additionally, the City recently approved Island's Restaurant within the commercial center. The Police Department has prepared a report of relevant statistics for consideration, which is attached as Exhibit No. 4. The Police Department has identified several additional standard conditions of approval that are routinely required of restaurants that they would like to include. Their concerns rest in keeping alcohol an accessory aspect of the restaurants and prohibit bars or nightclubs without further review. Based upon this information, staff concludes that the suggested amendment to Use Permit No. 2002 -020 would not prove detrimental to the community with the additional conditions of approval suggested by the Police Department. Environmental Review: The City relied upon Environmental Impact Report No. 156 that was prepared and certified for the Bonita Canyon Planned Community as providing adequate environmental review for the construction of the shopping center. This determination was made after an Initial Study was prepared for the proposed shopping center project and a finding made that the analysis contained in EIR No. 156 fully addressed the construction of the center. The shopping center project described over 32,000 square feet of restaurant uses, and therefore, staff believes that EIR No. 156 would serve as the CEQA documentation for the proposed project. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001 -001. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property 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. Quick Food Restaurants at the Bluffs May 22, 2003 Page 4 Altematives. The Commission has the option to modify or deny the application in addition to recommendation of approval. Prepared by: Submitted by: James W. Campbell Sh ron Z. Wood Senior Planner Assistant City MOVAger Exhibits: 1. PC resolution No. 1566 approving Use Permit No. 2002 -020 2. Excerpt of minutes from July 18, 2002 3. Staff Report for Use Permit No. 2002 -020 (without exhibits) 4. Police Reports 5. Site Plan showing locations of quick food uses 6. Revised conditions of approval Exhibit No. 1 PC resolution No. 1566 approving Use Permit No. 2002 -020 S This Page Intentionally Left Blank E RESOLUTION NO. 1566 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002.020 FOR PROPERTY LOCATED AT 1300 BISON AVENUE. (PA2002 -089) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Martin Potts and Associates, on behalf of the Irvine Company with respect to property located at 1300 Bison Avenue and legally described as Lot B of Tract Map 2001 -140, requesting approval of Use Permit No. 2002 -0020 to allow the Planning Director to issue up to seven (7) individual Use Permits for eating and drinking establishments within the proposed Bluffs Shopping Center located at the corner of MacArthur Boulevard and Bison Avenue. The request includes the potential sale alcoholic beverages limited to beer and wine. Section 2. A public hearing was held on July 18, 2002 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 in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed location of the eating and drinking establishments with beer and wine sales operated under the conditions of approval attached is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: a. The restaurant uses will be located within a shopping center designated for such development. The Retail Service and Commercial designation of the General Plan allows eating and drinking establishments. b. The shopping center does not abut sensitive land uses and is separated from other uses by roadways. c. Provided parking (481 spaces) exceeds required parking (469 spaces). d. The authorized uses are not bars, taverns, cocktail lounges, nightclubs or establishments where live entertainment, recreational entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues and police issues with these types of uses in the past. Avoidance of these uses will minimize potential land use conflicts, nuisances and policing issues. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 7 City of Newport Beach Planning Commission Resolution No.._. Pape 2 of 6 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by beer and wine service in a restaurant setting. There are limited alcoholic beverage outlets in the vicinity. b. The crime rate in the police reporting district and adjacent reporting districts are comparable (1940.93, 1,760.4 and 1,382.26) and below the Citywide average (3,770.24). The Police Department believes it is not likely that the new alcoholic beverage outlets will increase the crime rate significantly as regulated by this permit. C. The potential concentration of alcohol licenses within the Census Tract will be 1.52 per 1,000 people, which is below the countywide average of 1.69 licensed per 1,000 people. d. The percentage of alcohol- related arrests in the police - reporting district in which the project is proposed is 0.68% of the citywide total. The Police Department believes it is not likely that the new alcoholic beverage outlets, as regulated by this permit, will increase alcoholic related incidents in the area. e. The site is located within a newly developing and primarily residential area of the city. The shopping center does not abut any sensitive land uses, and nearby residential uses and Arroyo Park are separated from the project site by MacArthur Boulevard and Bison Avenue. There are no day care centers, schools or churches in the vicinity of the project site. 4. Environmental Impact Report No. 156 previously certified for the Bonita Canyon Planned Community has been determined to adequately address the construction of the shopping center approved on July 19, 2001 through Site Plan Review No. 2001 -001. The shopping center project included over 32,000 square feet of eating and drinking establishments, and therefore, EIR No. 156 adequately addresses the scope of this Use Permit. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001 -001. Section 4. 1 Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002 -020, subject to the Conditions set forth in Exhibit "A." Each Use Permit issued by the Planning Director shall include those Conditions of Approval set forth in Exhibit "A" which are applicable to the Use Permit being issued. Any changes to this Use Permit or the Conditions of Approval may only be made by the Planning Commission or the City Council." N _ City of Newport Beach Planning Commission Resolution No. _ Page 3 of 6 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY 2002. AYES: Tucker, Ag_ajanian, McDaniel, Kiser Gifford. Kranzley and Selich NOES: None 0 City of Newport Beach Planning Commission Resolution No. _ Paae 4 of 6 Exhibit A Conditions of Approval Use Permit No. 2002 -020 1} Prior to the issuance of a building permit for an individual use permit, the applicant will be required to prepare a security plan to the satisfaction of the Police Department. 2) Individual use permits issued by the Planning Director shall be in substantial conformance with this Use Permit. The location of the individual use permits should generally conform to the locations depicted in the Overall Lease Plan dated February 19, 2002. 3) Hours of operation shall be limited to between 6:00 am and midnight daily. Any increase in the hours of operation shall be subject to the approval by the Planning Commission. 4) There shall be no live entertainment. 5) No outside loudspeakers, or paging system shall be allowed. Tenants with exclusive outdoor dining areas may have speakers outside for background music. Music may be provided between 7:OOAM and 10:OOPM. All outdoor music shall terminate at 10:00 pm. Sound levels shall not exceed the decibel levels as outlined in the following table: Between the hours of Between the hours of 7:00 am and 10:00 om 10:00 om and 7:00 am Measured at the property line of commercially zoned N/A 65 dBA N/A 60 dBA property: Measured at the property line of residentially zoned N/A 60 dBA N/A 50 dBA property: � - ETA, 0 0 11411 .: 6) The principal purpose for the use permit is to permit eating and drinking establishments with the sale or service of food and beverage, with sale and service of beer and wine incidental to the food use during the specified restaurant hours of operation. The approval will also allow the use of outdoor dining areas in conjunction with the restaurant for food service. Beer and wine service within outdoor patio areas is permitted provided the Department of Alcoholic &verage Control authorizes it. 7) Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a modification to this use permit is first approved by the Planning Commission. /0 City of Newport Beach Planning Commission Resolution No. _-__ Page 5 of 6 8) No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishments, unless specifically permitted. 9) All employees shall park on -site. 10) All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 11) Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 12) Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 13) Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but shall not be located on or within any public property or right -of -way. 14) Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 15) The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self- contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (Water Quality). 16) The operators of the food service uses shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by each use. 17) 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. 18) Dancing shall be prohibited, unless an amendment to this use permit is first approved by the Planning Commission. 19) 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 user permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 20) Individual eating and drinking establishments shall be no larger than 5,000 square feet. The total number of eating and drinking establishments authorized through this use permit shall not _ City of Newport Beach Planning Commission Resolution No. _ Paae 6 of 6 exceed seven (7). The total square footage of all eating and drinking establishments shall not exceed 19,694 square feet (exclusive of outdoor dining areas). Outdoor dining areas shall not exceed the amount authorized by Site Plan Review No. 2001 -001. 21) Use Pemiit No. 2002 -020 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. Exercising this Use Permit is considered the issuance of any individual Use Permits by the Planning Director. 22) 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 Uniform Building Code including any local amendments. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 23) Bar counters for the service of alcoholic beverages shall be prohibited. 24) 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 condition within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 25) Approval does not permit any individual Use Permit to operate as a bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. J TAs - 2W- VA20D2- 0MP2002- Mmludon.dce ... . lZI Exhibit No. 2 Excerpt of minutes from July 18, 2002 /3 This Page Intentionally Left Blank /I Ci wport Beach Planning fission Minutes July 18, 2002 deleted sentence, A three- at grass curb. The maker of the motion as Ayes: Tucker, Agajanian, McDaniel, Noes: None adjacent to the Kranziey, Selich Ms. Wood noted that the surrounding neighbors have legitimate erns about having their access blocked during construction. Staff will arrange a m with the Planning, Building and Fire Departments to see if some ground rules can be to keep that interference to a minimum. SUBJECT: Martin Potts & Associates 1300 Bison Avenue Use Permit No. 2002 -020 (PA2002 -a89) A Use Permit to allow up to seven (7) eating and drinking establishments within the proposed Bluffs Shopping Center currently under construction at the corner of MacArthur Boulevard and Bison Avenue. The request includes the potential sale of alcoholic beverages limited to beer and wine subject to specified limitations. Senior Planner Jim Campbell noted the following changes to the conditions: Condition 2 - Site plan to be replaced by the term Overall Lease Plan Condition 6 - delete the term alcoholic beverages and replace with beer and wine. Condition 25 - delete the word restaurant. Discussion proceeded on the table used in condition 5 as it relates to any sound. The third sentence of this condition shall be changed to read, All music shall terminate at 10:00 p.m. Sound levels shall not exceed the decibel levels as outlined in the following table. Commissioner Tucker noted he had suggested that there be something in condition 5 regarding outdoor music being provided between 7:00 a.m. and 10:00 p.m. Following a brief discussion it was decided that in condition 5 to start the third sentence, Music may be provided between 7:00 a.m. and 10:00 p.m. and add, All outdoor music shall terminate at 10:00 p.m. Commissioner Gifford noted she would like to have the outdoor music start at least by 8 a.m. or 9 a.m, Public comment was opened. Mr. Jerry Engen, Senior Vice President of Development for the Irvine Company, Retail Properties Division, 550 Newport Center Drive noted: • Would like to hear all the changes proposed to the conditions. INDEX Item 4 PA2002.089 Approved 1'5� City of Newport Beach Planning Commission Minutes July 18, 2002 Chairperson Kiser stated: • Condition 2 - Site plan to be replaced by the term Overall Lease Plan. • Condition 5 - Change third sentence, Music may be provided between 7 :00 a.m. and 10:00 p.m. and add, All outdoor music shall terminate at 10:00 p.m. The last sentence starts with the word, Sound etc. • Condition 6 - delete the term alcoholic beverages and replace with beer and wine. • Condition 25 - delete the word restaurant Continuing, Mr. Engen listed some of the restaurants that have leased, Baja Fresh, Pasta Bravo, Wausau Sushi and Daphne's. He stated he has no objections to the proposed condifions as outlined. At Commission inquiry he added that most eating establishments serve beer and wine during normal operating hours and he does not want to restrict any merchants against any of the other restaurants in the local jurisdiction that don't have any restriction on beer and wine service. Commissioner McDaniel noted that after 10:00 p.m. that seems to be the time when there is problem with consumption of beer and wine. He is concerned about not having oversight with what happens after 10:00 p.m. with the beer and wine service. What percentage of people are you looking at that will need beer and wine after 10:00 p.m. because most of the people do not eat after that time? The cart blanche is what I am having trouble with. It is our job to look at the alcohol service after 10:00 p.m. Mr. Engen answered that they are not requesting a change in the laws as they relate to the service of alcohol. He is asking that the CUP's be under this master permit use permit so that a quick service restaurant that happens to have beer and wine as an ancillary part of their business does not have to go in front of the Planning Commission. That is the intent of the application, not to restrict or determine the hours that they can serve alcohol. Chairperson Kiser asked what happens with this Master Use Permit if there is a breach of conditions by one of the users, will this be an enforcement problem? Are we delegating to the Planning Director authority to issue use permits for this particular center as long as they conform? Mr. Campbell answered that staff has structured this Use Permit to authorize the Planning Director to issue separate Use Permits to the individual tenants pursuant to these conditions. Enforcement is not really an issue if one tenant breaches it and we would bring that use permit to bear or other sections of the Municipal Code and it would not affect other use permits. Ms. Temple added that the City has over many years used the concept of a Master Use Permit or a Master Planned Use Permit. It is not specifically defined in the Code, but we have used this kind of tool to allow staff to allow a continued progression of development in areas under the auspices of a generalized or master use permit and only require amendments to that master permit when the operation changed 10 INDEX J6 City of Newport Beach Planning Commission Minutes July 18, 2002 outside the specific limitations of that approval. For example, churches and schools have been authorized under that concept so that their operations could change over time within certain parameters. The applicant came to us to seek a strategy to attempt something like this. If the Commission were uncomfortable with this, then the position would be simply to require each individual restaurant to come before the Commission with separate applications. Ms. Clauson added that you could approve authorization for the Planning Director to issue individual use permits within the parameters that you have in here and you make it clear that whatever parameters that the use falls out of, that the Planning Director doesn't have the ability to issue a use permit. For instance, if a parameter is made that the alcohol may only be served until 10:00 p.m. and if the use wants to serve after 10:00 p.m., then the Planning Director has to bring that application to the Planning Commission for evaluation. Chairperson Kiser noted another suggested change to the resolution: add to Section 3, paragraph 4 - Each Use Permit issued by the Planning Director shall include those Conditions of Approval set forth in Exhibit A which are applicable to the Use Permit being issued. Any changes to this Use Permit or the Conditions of Approval may only be made by the Planning Commission or the City Council. Staff agreed that this would be a good addition to the resolution. Ms. Temple added that in this particular case, we do not have floor plans of each individual tenant space. We felt that follow -up Planning Director's issuance of a suite specific use permit would then allow us to identify a floor plan, which could not be changed without a subsequent amendment. Commissioner Gifford asked if it is not necessary that the outdoor music would start later than 7:00 a.m. Mr. Engen stated that a coffee use would be coming into the area and they generally have outdoor seating area and would like to have soft music. Looking at the location of the property, the distance to any residential use is quite far. The closest residential use is the Bluffs Apartment building high up on the bluff. The limits as outlined in the staff report table the ambient noise is three times that sound level. Whether it is 7 am. or B a.m. is not going to be a deal breaker for us, but I just would not want to restrict a tenant from providing a nice ambient environment for its patrons. I don't think it will be an issue. Commissioner Tucker stated: • He has no desire to see use permits on every one of these applications or on any of them. • The Planning Director with the additional conditions on the resolution we are imposing tonight knows what the conditions have to be on the use permits. • Each beer and wine service request actually has to go through a use permit with the Planning Director that is appealable to the Planning II INDEX 0 City of Newport Beach Planning Commission Minutes July 18, 2002 Commission. • It ends up being something that we will be seeing in our weekly distribution of staff approvals, so if there is something that looks odd, it can be called up. i urge the Commission to cut down on our workload. • Leave the operating hours up to the merchant. • Distilled liquor uses will come before the Planning Commission in all events, Commissioner Agajanian noted: • No problem with the use of a master use permit process. • Is the applicant going to come back with another master use permit for the other spaces? Staff answered that the plan on page 13 shows the general location of the quick food uses. The condition that is written is general; there may be .larger sit down restaurants in the comer pad. If we did have a large sit down restaurant larger than 5,000 square feet it would come to the Commission as a separate use permit. Commissioner McDaniel noted that his concerns had been satisfied. Mr. Engen added that there is a maximum amount of square footage of restaurant food type uses allowed on the property given the parking demand and supply. I would like to not necessarily limit it to seven or to a specific number but more than the maximum allowable square footage on site. For instance. if we make some of these food uses smaller, there . could be more than seven, but still not exceed the total maximum allowable. One of the differences where It would come up before the Planning Commission would be if it is greater than 5,000 feet; or goes beyond beer and wine, which is what a typical sit down restaurant would more than likely have. We put the number seven in the application, but now that I am looking at the site plan I realize one space that was going to be combined into three is now going to have one use there. Chairperson Kiser clarified with staff that we would have to renotice this item for another hearing for this change. Tonight all we can work with is the seven number and the square footage. Mr. Engen noted that given the time constraints of re noticing and that there are tenants already to go in, he will not ask for a continuance. Public comment was closed. Commissioner Gifford questioned the term 'quick term service' is not in our Code. How is this determined? Mr. Campbell answered that this site is governed under the Bonita Canyon Planned Community. Parking, which generally is dependent upon a use classification, is not relevant here because it is all based upon a gross square footage of the individual tenant. The term 'quick food' is being used by the applicant in their marketing and 12 INDEX City of Newport Beach Planning Commission Minutes July 18, 2002 has no bearing upon the application of the regulations of the Bonita Canyon Planned Community. This master use permit will authorize any existing and drinking establishment from a low turnover restaurant, a high turnover restaurant to a limited category. Commissioner Gifford stated she understood that this master use permit was for quick service type of restaurants and would like something in the conditions of approval that limit this to that type of restaurant that was discussed in the staff report and the applicant's exhibit. Ms. Temple noted that of the tenants listed, two at least provide tables and chairs, and some that operate similarly where people flake food out. Staff was describing operational parameters and size limits that would generally characterize these not traditional fast food, but the typical quick service kinds of restaurants that provide and typically have seating for dine in. Ms. Clauson noted that it could be drafted so that this use permit is for seven eating and drinking establishments and you can identify which ones could be an option using the Code Sections. The resolution says that they are not going to be bars and taverns, but there is no restriction in here. Commissioner Gifford stated that she did not want to authorize Just any of the categories as not defined in the Code. Ms. Clauson read from the Municipal Code Section 20.05.050 K (Commercial Use Classifications). At Commission inquiry, staff explained that the 19,694 square feet restriction applies to a portion of the restaurant entifiement for the 52,000 square foot center. There is still an additional amount that would be allocated for what we would traditionally call full service, low turnover restaurants phase. Chairperson Kiser noted that this allocation is for some portion of the restaurant space; do we need to specifically define what that portion is that we are allowing seven restaurants to go In under? It all relates to the parking requirements where restaurants of some type cannot be put in more than 19,694 square feet of this shopping center. We need to know what this restaurant is so we know what we are approving tonight. The maximum seven is what the applicant asked for and everyone basically agrees; but is not relevant, you cannot put in more under current entitlement more than 19,694 feet of whatever this is that we are about to approve. Ms. Clauson answered that goes into the applicant's request and that there different uses will be different square footages and they may end up with more than eight. Mr. Campbell noted: • Parking requirement in Bonita Canyon is the same, whether it is a full scale, small scale or a low turnover restaurant or a take out establishment. 13 INDEX /Of City of Newport Beach Planning Commission Minutes July 18, 2002 All based on gross square footage. No difference between the parking requirements that we would authortze today within the 19,694 square feet versus what would come in the remaining allocation, which is approximately another 11,000 square feet. We wanted to reserve the right and ability for larger sit down restaurants that could potentially have live entertainment and /or bar areas with full serve alcohol to come back to the Planning Commission. Ms. Clauson suggested that where this uses the term restaurant, use the term eating and drinking establishment as that is consistent with the definition of the Code and you do not have to continue to say the service of food and beverage because that is the definition of an eating and drinking establishment. Following a brief discussion it was determined to remove the term restaurant from condition 6 and the first sentence will read, 'The principal purpose for the use permit is to permit eating and drinking establishments with the sale and service of beer and wine incidental to the food use during the specified hours of operation. The approval will also allow the use of outdoor dining areas in conjunction with food service. Commissioner Tucker noted that the Issue is beer and wine service, less than 5,000 square feet and the Planning Commission can call any matter up. Mr. Engen asked that in condition 25 the term restaurant be replaced with eating and drinking establishment. Motion was made by Commissioner Kranziey to approve Use Permit No. 2002 -020 (PA2002 -089) by adopting resolution entitled: "A Resolution of the Planning Commission of the City of Newport Beach Approving Use Permit No. 2002 -020 (PA2002 -089) for Property Located at 1300 Bison Avenue as amended. Ayes: Tucker, Agajanian, McDaniel, Kiser, Gifford, Kranziey, Selich Noes: None Transportation Demand Management (TDM) Ordinance Code Amendment No. 2002 -003 (PA2002 -126) The City is proposin nges to Chapter 20.64 of the Municipal Code consistent with the changes in nation made for the Transportation Demand Management regulati ons admini by the South Coast Air Quality Management District (SCAQMD). The changes also de the addition of a section outlining enforcement of the TDM regulations. Public hearing was opened. Public comment was closed. 14 INDEX Item 5 PA2002 -126 Recommended for approval M Exhibit No. 3 Staff Report for Use Permit No. 2002 -020 (without exhibits) 2C This Page Intentionally Left Blank 2, CITY OF NEWPORT BEACH Hearing Date: July 18, 2002 r PLANNING DEPARTMENT Agenda Item: 4 5 3300 NEWPORT BOULEVARD Staff Person: James Campbell `�gna`P NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT- Martin Potts & Associates (PA2002 -089) 1300 Bison Avenue SUMMARY: A Use Permit to allow up to seven (7) eating and drinking establishments within the proposed Bluffs Shopping Center currently under construction at the corner of MacArthur Boulevard and Bison Avenue. The request includes the potential sale of alcoholic beverages limited to beer and wine subject to specified limitations. RECOMMENDED ACTION: Approve Use Permit No. 2002 -020 (PA2002 -089) by adopting resolution entitled: "A Resolution of the Planning Commission of the City of Newport Beach Approving Use Permit No. 2002 -020 (PA2002 -089) for Property Located at 1300 Bison Avenue." APPLICANT: Martin Potts & Associates 567 San Nicolas Drive, Suite 208 Newport Beach, CA 92660 PROPERTY OWNER: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 LOCATION: 1300 Bison Avenue LEGAL DESCRIPTION: Parcel B of Parcel Map No. 2001 -140 GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: PC — 50 (Bonita Canyon Planned Community, Commercial Sub Area 5) Z3 Use Permit No. 2002 -020 (PA2002 -089 1300 Bison Avenue Current Development: Shopping Center currently under development To the northeast Bonita Creek Channel and the San Joaquin Hills Transportation Corridor. Across Bison Avenue are Open Space and Multiple Family Residential. To the south: To the west: Across MacArthur Boulevard are existing commercial uses and apartments MPA OA2002 -089) July 18, 2002 Page 2 of 7 2'1 Site/Project Overview The project site is located at the northeast corner of the intersection of MacArthur Blvd. and Bison Avenue. The Irvine Company is currently constructing a 52,000 square foot shopping center called the Bluffs Shopping Center. The shopping center was approved by the City in July of 2001 (Site Plan Review No. 2001 -001). The subject application is a Use Permit request to authorize the Planning Director to issue up to 7 eating and drinking establishments with alcohol service limited to on -site consumption of beer and wine. The applicant characterizes the individual operators as providing quick - service food as opposed to low turnover restaurants. Any of the 7 potential uses will not exceed 5,000 square feet and the sum total of the area will not exceed 19,694 square feet exclusive of outdoor patios. The applicant proposes 19 conditions of approval attached as Exhibit A. The general locations of the proposed uses are depicted on the attached plans. Due to the fact that the individual tenants are not finalized, no floor plans are available at this time. Analysis Use Permits are required for eating and drinking establishments pursuant to Section 6.2 of the Bonita Canyon Planned Community Text. This procedural requirement is identical to the requirement of Zoning Code applicable to other areas of Newport Beach. This application is unorthodox as it does not include the floor plans, which are routinely reviewed in conjunction with Use Permit applications for restaurants. The application is also unique as it requests authorization of up to 7 separate, but similar uses with one authorization. The application can be viewed as a "template" for multiple staff level approvals. The applicant's intent is to simplify the approval process to facilitate the smooth leasing of the shopping center under construction and relieve the Planning Commission of having to individually consider multiple Use Permit applications for the smaller restaurants. Operational Characteristics Each of the tenants will be no larger than 5,000 gross square feet and the sum total will not exceed 19,694 square feet exclusive of outdoor patio areas. The total area is the limit based upon the available parking for the overall shopping center anticipated through Site Plan Review No. 2001 001. Outdoor patio areas are separate and will total approximately 5,000 square feet. The amount of outdoor dining was also authorized by previous approval. With the limit on total area, required parking for the center will not exceed the available supply based upon the parking requirements of the Bonita Canyon PC Text. The number of seats and the net public area of the restaurants are not used in the calculation of required parking as the Bonita Canyon Planned Community bases the parking for restaurants on gross floor area as opposed to net public area or seating. The uses will be restaurants as opposed to bars, taverns or cocktail lounges. Bars, taverns and cocktail lounges are separate uses from eating and drinking establishments within the Bonita Canyon PC regulations. The uses, if approved, will have the ability to serve beer and wine only. Due to the fact that no floor plans are available, staff recommends that the Commission consider prohibiting bar counters. This MPA (PA2002 -089) July 18, 2002 Page 3 of 7 prohibition should ensure that any of the 7 potential uses will not become a bar without authorization. The hours of operation are proposed to be from 6:00 am to 12:00 midnight daily. Staff and the Police Department have no objections to the proposed hours for restaurants, since they are in a shopping center, which does not abut residential uses. Dancing and live entertainment are not requested by the applicant. This prohibition should assist in avoiding potential nuisance issues. Staff recommends that the Planning Commission apply this prohibition as suggested by the applicant due to the "generic" nature of this application. Restaurant Development Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development, will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards MPA (PA2002 -089) July 18, 2002 Page 4 of 7 2--6 ._ 777UUUfnEMENT ,: Site: Site shall be of sufficient size and configuration to satisfy Complies. The site is 8.87 acres and has been found adequate all requirements for off - street parking, setbacks, curb cuts, for the construction of a 52,000 square foot shopping center walls, landscaping and refuse storage as provided by with up to 32,150 square feet of restaurant uses (Site Plan Section 20.82.040 of the Municipal Code. Review No. 2001 -001 approved 711912001). Setbacks: The City may establish more restrictive setbacks if it is Complies. The proposed uses will be within a new shopping deteruned that it is necessary or desirable for the center which'provides a minimum of 23 -foot setback from all protection of the public health, safety or welfare or to property lines. The site is also separated from nearby uses by insure the compatibility of uses on contiguous properties. MacArthur Blvd. and Bison Avenue. More restrictive setbacks are not necessary in stab's opinion. Off -Sheer Parking.' Off - street parking in accordance with the provisions of Complies. The site provides 481 parking spaces for all uses Chapter 20.66 of the Municipal Code which exceed the 469 spaces required. The 19,694 square foot limit for eating and drinking establishments will not impact the required parking total, therefore adequate parking will be rravided in accordance with the Bonita Canyon PC Text Circulation: Parking areas and driveways to facilitate traffic and Complies. The traffic circulation has been reviewed by the circulation of vehicles on and around the facility and to City Traffic Engineer in conjunction with the approval of the rovide adecpiate sight clearances. original construction of the site. Walls. A solid masonry wall 6 feet high shall be erected on all Waiver. The site has no interior lot lines as the site is interior property lines of the subject property. Walls 3 feet bounded by MacArthur Blvd., Bison Ave. and the San in height shall be erected between the on -site parking areas Joaquin Rills Transportation Corridor. Screening of parking and the public right-of-way. areas is proposed to be accomplished by use of landscaping and earth berms as opposed to walls. Staff recommends waiving the 3 foot high wall requirement Landscaping: 100/. of entire site, 3 foot wide landscape area shall be Complies. A conceptual landscaping plan was approved with provided to screen the parking area from the public right - the Site Plan Review application. The plan has 67% of the site of -way. A 3 foot wide landscape area adjacent to the landscaped with the majority of the landscaping in a wildlife interior property lines shall be provide& mitigation area to the northeast of the center abutting the San Joaquin Transportation Corridor. Landscaping within the developed area exceeds 10% although the exact percentage is not known. The landscape plan includes the use of 24 -inch box trees 1hrougbout the parking lot, and a 25 -foot wide landscape strip along both street froulages. MPA (PA2002 -089) July 18, 2002 Page 4 of 7 2--6 Alcoholic Beverage Outlet Ordinance (ABO) The ABO requires the Planning Commission to consider the following factors in conjunction with a proposed use in making a finding that the alcoholic beverage outlet is not detrimental to the public health, safety, peace, morals, comfort, or general welfare: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and information to make the required findings, each of the foregoing is discussed as follows: 1. Public Convenience or Necessity. The proposed sale of alcoholic beverages is typical and accessory to most restaurant uses. The only nearby businesses with some fonn of alcohol sales are located in the shopping center across MacArthur Blvd. from the project site. There are presently 6 active licenses within this shopping center. Due to the relatively few number of licenses in the immediate vicinity and the expectation that alcohol sales are allowed with restaurants, it can be argued that the requested licenses can further the public convenience or necessity. 2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that include alcohol - related arrests. The project site is located within Police Reporting District No. 54. During 2001, the number of Part One Crimes in RD 54 was 23 and the number of Part Two Crimes was 16. The Part One crime rate was 1,940.93 crimes per 100,000 people. Adjacent Reporting Districts are Nos. 36 and 51. RD 36 had 77 Part One and 124 Part Two Crimes with a Part One crime rate of 1,760.4; and RD 51 had 55 Part One and 31 Part Two WA (PA2002 -089) July 18, 2002 Page 5 of 7 Z REQUIREMENT . PAOPOcFn Lighting.. Parking lot and site illumination height and intensity; to Complies. The proposed lighting plan was reviewed and minimize the reflection of lights to the streets and approved with Site Plan Review No. 2001 -001. No additional neighboring properties. lighting is proposed in conjunction with the proposed food uses. Utilities All utilities required to be undergrounded. Complies. Utilities are required to be underground pursuant to Site Plan Review No. 2001 -001. No above ground utility connections are proposed. Supply Storage Supply storage to be contained within a building . Complies. No outdoor storage of supplies is pennitted. Refi.�se Storage Refuse storage outside of a building shall be hidden from Complies. 'crash storage areas are located within 3 enclosed view by a solid masonry wall 6 feet in height with self- service areas located at the rear of the proposed shopping locking gates. center. Additional storage is accommodated with in the proposed buildings to acoormnodate theproposed restaurants. Alcoholic Beverage Outlet Ordinance (ABO) The ABO requires the Planning Commission to consider the following factors in conjunction with a proposed use in making a finding that the alcoholic beverage outlet is not detrimental to the public health, safety, peace, morals, comfort, or general welfare: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and information to make the required findings, each of the foregoing is discussed as follows: 1. Public Convenience or Necessity. The proposed sale of alcoholic beverages is typical and accessory to most restaurant uses. The only nearby businesses with some fonn of alcohol sales are located in the shopping center across MacArthur Blvd. from the project site. There are presently 6 active licenses within this shopping center. Due to the relatively few number of licenses in the immediate vicinity and the expectation that alcohol sales are allowed with restaurants, it can be argued that the requested licenses can further the public convenience or necessity. 2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that include alcohol - related arrests. The project site is located within Police Reporting District No. 54. During 2001, the number of Part One Crimes in RD 54 was 23 and the number of Part Two Crimes was 16. The Part One crime rate was 1,940.93 crimes per 100,000 people. Adjacent Reporting Districts are Nos. 36 and 51. RD 36 had 77 Part One and 124 Part Two Crimes with a Part One crime rate of 1,760.4; and RD 51 had 55 Part One and 31 Part Two WA (PA2002 -089) July 18, 2002 Page 5 of 7 Z Crimes with a Part One crime rate of 1,382.26. The Citywide Part One crime rate was 3,770.24. A map of the reporting districts is included in Exhibit C. 3. Over Concentration. Presently, there are 3 active alcohol licenses in Census Tract 626.44. These three businesses are located in the shopping Center at the comer of San Miguel Blvd. and San Joaquin Hills Road. The 2000 population of census tract 626.44 is 6,558 people which equates to 0.45 licenses per thousand people. As of June 30, 2002, there are 4805 active alcohol licenses in Orange County which has an estimated. population of 2,846,289 people. This equates to 1.69 licenses per 1000 people. The increase of up to 7 new licenses will create a concentration of 1.52 licenses per 1000 people which remains below the countywide average. 4. Alcohol Related Crimes. The Police Department only tracks driving under the influence and plain drunk arrests as alcohol - related. There were 9 driving under the influence arrests and 3 plain drunk arrests within RD 54 in 2001 out of 19 total arrests in the RD. The percentage of alcohol related arrests within RD 54 is 63% and represents 0.68% of the 1,767 alcohol- related arrests citywide. The alcohol- related arrest rate in the two adjacent reporting districts is 48.2% for RD No. 36 and 42.8% for RD No. 51 representing 0.79% and 0.34% of citywide alcohol - related arrests. The rate within RD No. 39, within which the project is located, is lower than the city-wide average and lower than the two adjacent RD's. The Police Department does not believe that the proposed increase in licenses in conjunction with the proposed uses will generate a significant number of alcohol - related incidents. 5. Adjacent Uses. The site is located within a newly developing and primarily residential area of the city. The shopping center does not abut any sensitive land uses and nearby residential uses and Arroyo Park are separated from the project site by MacArthur Boulevard and Bison Avenue. There are no day care centers, schools or churches in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and feels that no additional conditions related to design and security are necessary at this time. However, the PD will review future floor plans in conjunction with the Planning Department as part of the plan check process to incorporate any necessary security or design features to mitigate any potential safety issues. Environmental Review The City relied upon Environmental Impact Report No. 156 that was prepared and certified for the Bonita Canyon Planned Community as providing adequate environmental review for the construction of the shopping center..This determination was made after an Initial Study was prepared for the proposed shopping center project and a finding made that the analysis contained in EIR No. 156 fully addressed the construction of the center. The shopping center project described over 32,000 square feet of restaurant uses, and therefore, staff believes that EIR No. 156 would serve as the CEQA documentation for the proposed project. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001 -001. Conclusion MPA (PA2002 -089) July 18, 2002 Page 6of7 �C, If this application is approved, the Planning Director would be authorized to issue individual Use Permits for up to 7 eating and drinking establishments that are consistent with the conditions approved through this application. A complete floor plan for each tenant will be required and will be reviewed by both the Planning and the Police Department. The final approved floor plan will become the baseline for future compliance with the Zoning Code and ABO. Any request by future operators for deviations from the established conditions of approval will be proactively sent to the Planning Commission for review. The Planning Commission will have the opportunity to monitor the approvals issued by the Planning Director through the staff approval notification process. Staff believes that the findings for approval of the Use Permit can be made. The site is conducive to restaurant uses with on -site consumption of alcoholic beverages, and can be viewed as complementary to surrounding uses. The site is served by ample parking and the proposed restaurant uses do not increase parking demand. The conditions of approval should ensure that the 7 potential restaurants will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the project; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. In addition, staff believes that the required findings of the ABO can be met. The area does not experience high crime rates and is not over concentrated with alcoholic beverage licenses and the site is not adjacent to any sensitive uses. Finally, the Police Department does not anticipate any problems with the request as the sale of alcohol will be in a restaurant setting. Should the Commission wish to approve this project, Resolution No. 2002 -_ has been prepared for adoption and is included as Exhibit D. Submitted by: PATRICIA L. TEMPLE Planning Director AhYiL Exhibits Prepared by:. JAMES W. CAMPBELL Semis rPlanner VV MPA (PA2002 -084) July 18, 2002 Page 7 of 7 r n This Page Intentionally Left Blank �U J Exhibit No. 4 Police Reports 31 This Page Intentionally Left Blank 32 City of Newport Beach Police Department Memorandum April 24, 2003 TO: James Campbell, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Bluffs Commercial Center at 1300 Bison Ave. This area encompasses our reporting district (RD) number 54 as well as part of Census Tract 626.18. This report reflects City of Newport Beach data for calendar year 2002, which is the most current data available. Calls for Service Information City wide there were 59,182 calls for police services during this time, of which 564 were in RD 54. 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 7,057 crimes reported to the Newport Beach Police Department during this . period. Of this total, 2,609 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 4,448 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,448.23 per 100,000 people. The national Part One crime rate was 4,160.5* per 100,000 people. Crimes RD 54 Newport Beach California* National* Part 1 42 2,609 1,346,557 11,849,006 Part 2 54 4,448 N/A N/A Part 1Crime Rate 3,544.30 3,448.23 3,902.9 4,160.5 The number of active ABC licenses in this RD is 1 ** This reporting district had a total of 96 reported crimes as compared to a City wide reporting district average of 186 reported crimes. This reporting district is 90 crimes or 48.31% below 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. 33 Arrest Information There were 9 DUI arrests and 3 Plain Drunk arrests in this area during this same period as compared to 1,608 for the entire city. This RD amounts to .68 % of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI/Drunk) All Arrests RD 54 12 RE Newport Beach 1,608 4,005 California* National* N/A N/A 1,415,129 9,322,324 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 51 and RD 36. Crimes RD 51 RD 36 Part 1 32 89 Part 2 41 125 Crime Rate 804.22 2,034.75 Arrests (DUI/Drunk) 10 27 All Arrests 11 81 Calls For Service 1,052 2,240 Number of active ABC licenses 0 ** 5 ** 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 2001 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. If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit M City of Newport Beach Police Department Memorandum May 7, 2003 TO: James Campbell, Staff Planner FROM: CSO Susan Seviane SUBJECT: Bluffs Commercial Center - Amendment to Use Permit No. 2002 -020 At your request our office has reviewed the project request for an amendment to Use Permit No. 2002 -020 the Bluffs Commercial Center, located at 1300 Bison Ave., Newport Beach. The request seeks to increase the number of Use Permits for eating and drinking establishments that can be authorized by the Planning Director from seven to ten establishments. Upon approval of the Planning Commission, the establishment seeking to serve alcoholic beverages will be required to individually apply for a Type 41 (On -Sale Beer and Wine Eating Place) licenses with the Department of Alcoholic Beverage Control. For police services information refer to the attached report by Crime Analyst Paul Salenko. Signs and Displays Advised that any signs and displays would need to conform to city requirements. Hours of Operation: Hours of operation shall be limited to 6:00 am and midnight daily. Preventive Design: The Police Department has no recommendations. Security-. The Police Department has no recommendations. EmEloyee Training: Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 3s Bluffs Commercial Center Amendment UP2002 -020 May 7, 2003 Additional Comments: The Police Department has no objection to the increased number of units as described by the applicant and, upon approval of the CUP, will condition any ABC licenses as necessary 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 or 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 recommends the following conditions for the Use Permit: 1. 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. 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. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 0- Bluffs Commercial Center Amendment UP2002 -020 May 7, 2003 6. 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. 7. 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. S. There shall be no dancing allowed on the premises. 9. There shall be no live entertainment of any type on the premises at any time. 10. 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. Susan Seviane, Community Service Officer Vice and Intelligence Unit 3�7 This Page Intentionally Left Blank m Exhibit No. 5 Site Plan showing locations of quick food uses 39 This Page Intentionally Left Blank 0 N J '2 �v Q� r s V = �o N ° of ll. u1 z v SlW Q (� &�� F 3 Ng_��a � „off. �s � � �a 1� � �1��r��� €o �i 9944 ° €� ��RIP"M lei 0 Qbb��7ff� 08 b/114jbboeW Z O CO m ciyU ag; d0 'H 0 4 3 8 Z 9 0 d M '3 N 01. r- '3 HZ _ 00 o J N J '2 �v Q� r s V = �o N ° of ll. u1 z v SlW Q (� &�� F 3 Ng_��a � „off. �s � � �a 1� � �1��r��� €o �i 9944 ° €� ��RIP"M lei 0 Qbb��7ff� 08 b/114jbboeW Z O CO m This Page Intentionally Left Blank LIZ Exhibit No. 6 Revised conditions of approval 113 This Page Intentionally Left Blank Nti Exhibit A Conditions of Approval Use Permit No. 2002 -020 1) Prior to the issuance of a building permit for an individual use permit, the applicant will be required to prepare a security plan to the satisfaction of the Police Department. 2) Individual use permits issued by the Planning Director shall be in substantial conformance with this Use Permit. The location of the individual use permits should generally conform to the locations depicted in the Lease Outline Drawing dated August 28 2002 8seire , t 3) Hours of operation shall be limited to between 6:00 am and midnight daily. Any increase in the hours of operation shall be subject to the approval by the Planning Commission. 4) There shall be no live entertainment. 5) No outside loudspeakers, or paging system shall be allowed. Tenants with exclusive outdoor dining areas may have speakers outside for background music. Music may be provided between 7:OOAM and 10:00PM. All outdoor music shall terniinate at 10:00 pm. Sound levels shall not exceed the decibel levels as outlined in the following table: Between the hours of Between the hours of 7:00 am and 10:00 pm 10:00 pm and 7:00 am interior exterior interior exterior Measured at the property line of commercially zoned N/A 65 dBA N/A 60 dBA property: Measured at the property line of residentially zoned N/A 60 dBA N/A 50 dBA property: Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 6) The principal purpose for the use permit is to permit eating and drinking establishments with the sale or service of food and beverage, with sale and service of beer and wine incidental to the food use during the specified restaurant hours of operation. The approval will also allow the use of outdoor dining areas in conjunction with the restaurant for food service. Beer and wine service within outdoor patio areas is permitted provided the Department of Alcoholic Beverage Control authorizes it. t Amended by the Planning Commission on May 22, 2003. qs- 7) Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a modification to this use permit is first approved by the Planning Commission. 8) No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishments, unless specifically permitted. 9) All employees shall park on -site. 10) All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 11) Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 12) Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 13) Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but shall not be located on or within any public property or right -of -way. 14) Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 15) The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (Water Quality). 16) The operators of the food service uses shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by each use. 17) 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. 18) Dancing shall be prohibited, unless an amendment to this use permit is first approved by the Planning Commission. 19) 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 q4 that the operation which is the subject of this user permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 20) Individual eating and drinking establishments shall be no larger than 5,000 square feet. The total number of eating and drinking establishments authorized through this use permit shall not exceed ten (101 seveit e The total square footage of all eating and drinking establishments shall not exceed 19 809 49,$94 square feet (exclusive of outdoor dining areas). Outdoor dining areas shall not exceed the amount authorized by Site Plan Review No. 2001 -001.2 21) Use Permit No. 2002 -020 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. Exercising this Use Permit is considered the issuance of any individual Use Permits by the Planning Director. 22) 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 Uniform Building Code including any local amendments. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 23) Bar counters for the service of alcoholic beverages shall be prohibited. 24) 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 condition within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 25) Approval does not permit any individual Use Permit to operate as a bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 26) No "halmpv hour type of reduced price alcoholic beverage tiromotion is peertnitted except when served in conjunction with food ordered from the full service menu. 3 z Amended by the Planning Commission on May 22, 2003. 3 Added by the Planning Commission on May 22, 2003. qJ 27) 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 avail kiU of alcoholic beve=s Interior displays of alcoholic beveraas or signs that are dearly_visible to the exterior shall constitute a violation of this condition. 4 28) Any event or activity staged by an outside promotes or entity where the applicant operator owner or his employees or representatives share in and* profits_ Or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge. cover chargg_or any other form of adrnission chargg. includ ugg minimum drink orders or sale of drinks is prohibited. 4 29) business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 4 30) A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use as conditioned or that would attract large crowds involve the sale of alcoholic bevera=s include am form of on -site media broadcast or any other activities as specified in the Newport Beach Municipal Code Lreguire such permits.4 31) The sale and consumption of alcoholic beverages shall be restricted to and within the confines of the licensed premises and sales or delivery of alcoholic beverages through an4 exterior pass -out window is prohibited. 4 32) Delivery of alcoholic beverages shall be prohibited. 4 4 Added by the Planning Commission on May 22, 2001 i