HomeMy WebLinkAboutEl Tarasco Restaurant (PA2003-045)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
May 22, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gramirez @city.newport- beach.ca.us
SUBJECT: El Tarasco Restaurant, 2201 West Balboa Boulevard
Use Permit No. 2003 -006 (PA2003 -045)
Request for a Use Permit to allow a Full Service, High Turnover eating
and drinking establishment with on -site beer and wine sales. The request
includes a waiver of off - street parking requirements.
APPLICANT: Rush Hill for the applicant, El Tarasco
RECOMMENDATION:
Staff recommends the Planning Commission approve Use Permit No. 2003 -006 subject
to the findings and conditions of approval included within the attached draft resolution.
DISCUSSION:
Site /Project Overview
El Tarasco is an existing eating and drinking establishment located at 2201 West
Balboa Boulevard at the corner of 22nd Street in the McFadden Square area. The
restaurant occupies 1,390 square feet (635 square feet of net public area) on the first
floor of an existing mixed -use building. The remainder of the building is comprised of
2,086 square feet of office on the first floor and 4,231 square feet of residential on the
second floor that is divided among four studio and two one - bedroom apartments. No on-
site parking exists on the property for either the commercial or residential uses. The
area surrounding the subject property is dominated by retail and restaurant uses with
some residential properties located to the southwest along West Oceanfront.
El Tarasco is currently operating under Specialty Food Permit No. 7 (Exhibit No. 5),
which was issued on June 3, 1994. Conditions of approval for the Specialty Food Permit
limited customer seating/counter space to 20 people, prohibited the service of alcoholic
El Tarasco
May 22, 2003
Page 3
beverages and did not require that the 8 off - street parking spaces be provided. The
decision to not require the off- street parking was based on the conclusion that the
approved use would likely have a parking demand closer to a retail use that could move
into this location by right without obtaining approval of an off - street parking waiver. The
applicant proposes to add 20 seats (for a total of 40) and requests approval to allow the
on -site sale of beer and wine (Type 41 ABC license) pursuant to the Alcoholic Beverage
Outlet Ordinance. This proposed change to the use alters the classification of the
establishment to Full Service, High Turnover which requires the approval of a use
permit for the new use. Additionally, the change in classification is also a conversion of
a Base Floor Area Ratio (FAR) use to an intensified Reduced Floor Area Ratio (FAR)
use on a property that is nonconforming because it exceeds the maximum Floor Area
Ratio permitted by the General Plan. Additionally, since the site has no available
parking, a waiver of the off - street parking requirement of 16 spaces is also requested.
Should this Use Permit be approved, it will supersede the existing Specialty Food
Permit.
It should be noted that Ell Tarasco is currently operating with 40 seats and is in violation
of the Specialty Food Service Permit.
Analysis
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 on -site
consumption of alcoholic beverages are a permitted use within the Retail and Service
Commercial land use designation.
Zoning Code
The subject property is located within the Cannery Village /McFadden Square Specific
Plan District (SP -6) and has a land used designation of Retail and Service Commercial
with the goal of the area being coastal related and visitor serving commercial uses.
Restaurant uses with alcoholic beverage service are permitted within this district upon
approval of a use permit.
Intensification of FAR
Section 20.63.050 of the Zoning Code requires that a use permit be approved when a
conversion of a Base Floor Area Ratio (FAR) use to a Reduced Floor Area Ratio (FAR)
causes the base development allocation for the subject property to be exceeded. The
base development of the site is 0.5 FAR and the existing commercial uses are at 0.94
FAR. In this particular case, the existing restaurant permitted under the Specialty Food
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El Tarasco
May 22, 2003
Page 4
Service permit is a Base FAR use. The intensified use of the proposed project due to
the additional seating causes the establishment to be placed in the Reduced FAR
category by definition. Base FAR uses have a weighting factor of 1.0 and Reduced FAR
uses have a weighting factor of 1.67 pursuant to the Zoning Code. These weighting
factors are applied to the area occupied by the uses and results in a weighted FAR of
1.2 for this project. Since the resulting weighted FAR exceeds 0.5 FAR and the previous
commercial FAR of 0.94, the approval of a use permit to allow the conversion of use
from a Base FAR to use to a higher intensity Reduced FAR use is required.
In order to approve the increase in FAR the Planning Commission must make the
following findings:
It has been demonstrated that the peak hour traffic to be generated by the
proposed uses will not exceed that generated by the existing uses in the
development, as determined in accordance with City Council Policy L -18.
Trip generation rates for restaurants are based on gross floor area, not on the
number of seats or occupancy. In this case, there is no increase in gross floor
area. Therefore, this finding can be made.
2. The projections of traffic to be generated utilize standard traffic generation rates
generally applied to a use of the type proposed, per City Council Policy L -18.
The City Traffic Engineer reviewed the project and did not indicate that the
proposed use would generate traffic beyond what is normally projected for a
restaurant use of this type. Therefore, this finding can be made.
3. The structures on the site were constructed prior to October 25, 1988, consistent
with the policies and ordinances in effect at the time of construction.
A search of City records could not identify an exact construction date; however,
evidence was found that the existing building was constructed well prior to 1988.
Additionally no evidence could be found that the building was constructed in
Violation of the regulations in effect at the time of original construction. Therefore,
staff believes this finding can be made.
4. The building tenants would be restricted to the uses and operational
characteristics upon which the traffic equivalency was based. Relevant
operational characteristics include, but are not limited to, hours of operation of
onsite businesses, provision of valet parking, off -site parking, and net public area
of restaurants.
Lt
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May 22, 2003
Page 5
The proposed project would be limited to the operational characteristics, gross
floor area and net public area approved by this use permit. An amended use
permit would be required to change any major operational characteristics.
Additionally, any change in use by other building tenants would require a use
permit if the change creates an intensification of the use or if the new use is not
permitted by right.
5. The proposed use and physical improvements are such that the approved project
would not readily lend itself to conversion to a higher traffic generating use.
There are no physical improvements or additions proposed with this application
and the proposed use would be limited to the operational characteristics and floor
areas approved by this use or increase in permit. Any changes to major
operational characteristics, intensification of use or increase in gross floor area or
net public area would require an amendment to this use permit or approval of a
new use permit. Therefore, this finding can be made.
6. The proposed uses are compatible with the surrounding area.
The subject property is located in the McFadden Square commercial area which
is dominated by retail, restaurant and other visitor and resident serving
establishments. The changes to the existing operation are within the building and
no exterior changes are proposed. The restaurant use has been operating and
has not proven detrimental to date. Therefore, staff believes this finding can be
made.
Hours of Operation
The existing Specialty Food Permit allows hours of operation of 7:OOAM to midnight
daily. The proposed hours of operation are 7:00 a.m. to midnight Sunday through
Thursday and 7:00 a.m. to 2:30 a.m. Friday and Saturday. The applicant has stated that
the request beyond 2:OOAM is due to ongoing vandalism being done to the subject
property after local bars and lounges close. The applicant believes that keeping later
hours than the bars may curb some of the vandalism and reduce on -going incidents of
property damage. The Police Department has reviewed the application and
recommends operating hours of 7:00 am to 2:00 am daily. Planning staff concurs with
the Police Department.
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
PAM
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May 22, 2003
Page 6
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 a full service restaurant is typical and is expected by the public.
Approval of the sale of alcohol will serve the public's convenience.
Council Policy K -7, Determination of Public Convenience and Necessity, requires that
certain findings be made for new alcoholic beverage outlets is not applicable in this
case because the proposed establishment is not a bar, cocktail lounge, cabaret or
nightclub. If the proposed use were one of these uses, Policy K -7 would dictate that the
public convenience and necessity would not be served due to the higher than average
crime rate of the area.
2. Crime Rate. Citywide, there were 6,979 crimes reported during calendar year
2002, of which 3,092 were Part One Crimes (serious offenses). The remaining 3,887
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District No. 15, 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.
RD No. 15:
11,885.39
City Average:
4086.6
RD No. 13:
5,637.66
Calffomia:
3902.9
RD No. 16:
5,344.96
National:
4160.5
During 2002, the number of Part One Crimes in RD No. 15 was 336 and the number of
Part Two Crimes was 797. Adjacent Reporting Districts are Nos. 13 and 16. RD No. 13
had 103 Part One and 145 Part Two Crimes; and RD No. 16 had 141 Part One and 321
Part Two Crimes. A map of the reporting districts is attached to the Police Report
(Exhibit No. 4). The number of total crimes reporting within the RD of the subject site is
higher than the two adjacent RD's. The 1,133 total crimes are approximately 516.9%
higher than the citywide average.
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May 22, 2003
Page 7
As indicated above, the crime rate for RD 15 is substantially higher that the surrounding
RD's and City average. RD 15 encompasses the McFadden Square /Newport Pier area
and the Cannery Village. Both are major destination points for residents and visitors
alike with a higher concentration of bars, lounges and restaurants than most other RD's.
3. Over Concentration. There are 70 active alcoholic beverage licenses in police
Reporting District No. 12. This application will result in one additional ABC license.
Although the number of active ABC licenses is quite high for a single RD, the
commercial neighborhood surrounding the project site is dominated by visitor serving
businesses with the existing licenses distributed among restaurants, bars, hotels and
markets.
4. Alcohol - Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were 123 driving under the
influence arrests and 382 plain drunk arrests within RD No. 15 (totaling 505 DUI/Drunk
arrests) during this same period as compared to 1,608 for the entire City. This RD
accounts for to 28.68% of the DUI /Drank arrests made in the City. RD No. 13 had 57
DUI /Drunk arrests and RD No. 16 had 185 DUI/Drunk arrests.
The DUI /Drunk arrest rate within RD 15 is higher than the City average. This can likely
be attributed to the high number of bars, lounges and restaurants with bars located
within this particular RD. The Police Department believes that the proposed project, as
conditioned, will not create an increase in alcohol related crimes.
5. Adjacent Uses. There are no schools, day care centers or places of religious
worship near the subject property. The restaurant is, however, located approximately
400 feet from the public beach. As previously mentioned, the proposed restaurant is
located in a mixed -use building with residential apartments on the second floor.
Additional residential properties that front West Oceanfront are located approximately
100 feet to the south -west. It should be noted that these properties (located between
22nd and 23rd Streets) are located in a Retail and Service Commercial district and are
non - conforming with respect to use.
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
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May 22, 2003
Page 8
the State Department of Alcoholic Beverage Control (ABC) consistent with this Use
Permit.
Parking (Waiver of Required Parking)
The subject property provides no on -site parking. Code required parking for the
proposed use is calculated at one parking space per each 30 -50 square feet of net
public area. Staff believes the appropriate ratio for this particular use is one parking
space per 40 square feet of net public area. Using this calculation, (635 square feet of
net public area/40) 16 parking spaces are required.
In evaluating the request, staff considered the operational characteristics of the
proposed use, potential parking demand, other uses within the vicinity and the
availability of other parking within the vicinity of the subject property. Staff believes the
location and operational characteristics of the restaurant is geared towards serving
locals and visitors who are already in the neighborhood as opposed to being a
destination type restaurant.
It should be noted that the owner of the subject property also owns the adjacent
property at 115 22nd Street and that four parking spaces for El Tarasco are provided on
that site as well as parking for other tenants of the subject property. However, the
property owner has indicated that he is not interested in executing a formal off -site
parking agreement.
Zoning Code Section 20.66.100(A) allows the Planning Commission to modify or waive
the off - street parking requirements if one or more of the following conditions are met:
A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site.
Staff believes this condition can be met based on the following facts:
The McFadden Place /Newport Pier metered municipal parking lot is
located approximately 75 feet from the subject property.
A metered parking lot between Newport Boulevard and West Balboa
Boulevard is approximately 400 feet to the northwest of the site.
■ The pier and beach metered municipal parking lot is located approximately
300 feet from the subject property down 22nd Street.
2. The site is subject to two or more uses and the maximum parking requirements
for such uses do not occur simultaneously.
H
El Tarasco
May 22, 2003
Page 9
The site is presently occupied by the existing restaurant, office and retail uses and
residential uses above. The peak parking demand for restaurants is during meal times
with the lunch and dinner hours more highly impacted than breakfast. Retail and office
uses have their peaks spread more evenly throughout the day with no demand typically
after 6PM. Residential uses typically generate more parking demand in the evening
through the morning and on weekends. The peak parking demand for the various uses
is likely during lunch and dinner hours due to the operation of the restaurant.
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66.100(8).
A parking management plan has not been prepared for the proposed project.
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030;
b. The probable long -term occupancy of the building or structure, based on
its design, will not generate additional parking demand.
Parking demand will likely be less than that required by the Zoning Code due to its
location in a visitor serving area and walk -in trade from the neighborhood. The
restaurant does not appear to act as a destination, which would tend to increase parking
demand but rather serves those visitors and residents who are in the area for other
reasons. The probable long term occupancy of the building is not likely to change based
upon the physical constraints of the building and the proposed use is limited in terms of
gross floor area and net public area by the Use Permit. Also, it does not appear that
additional seating can be accommodated based upon the floor plan. Staff believes that
additional parking demand will not be generated without the approval of an amended
Use Permit or a new Use Permit for a separate use within the building in the future.
Restaurant Design and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, as outlined below, to ensure that any proposed development will be
compatible with adjoining properties and streets. The development standards include
specific requirements for site requirements, building setbacks, parking and traffic
circulation, walls surrounding the restaurant site, landscaping, exterior illumination,
underground utilities, and supply and refuse storage. Section 20.82.040 D of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if strict compliance is not necessary to achieve
the purpose or intent of the standard.
I
El Tarasco
May 22, 2003
Page 9
The site is presently occupied by the existing restaurant, office and retail uses and
residential uses above. The peak parking demand for restaurants is during meal times
with the lunch and dinner hours more highly impacted than breakfast. Retail and office
uses have their peaks spread more evenly throughout the day with no demand typically
after 6PM. Residential uses typically generate more parking demand in the evening
through the morning and on weekends. The peak parking demand for the various uses
is likely during lunch and dinner hours due to the operation of the restaurant.
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66.100(B).
A parking management plan has not been prepared for the proposed project.
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030;
b. The probable long -term occupancy of the building or structure, based on
its design, will not generate additional parking demand.
Parking demand will likely be less than that required by the Zoning Code due to its
location in a visitor serving area and walk -in trade from the neighborhood. The
restaurant does not appear to act as a destination, which would tend to increase parking
demand but rather serves those visitors and residents who are in the area for other
reasons. The probable long term occupancy of the building is not likely to change based
upon the physical constraints of the building and the proposed use is limited in terms of
gross floor area and net public area by the Use Permit. Also, it does not appear that
additional seating can be accommodated based upon the floor plan. Staff believes that
additional parking demand will not be generated without the approval of an amended
Use Permit or a new Use Permit for a separate use within the building in the future.
Restaurant Design and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, as outlined below, to ensure that any proposed development will be
compatible with adjoining properties and streets. The development standards include
specific requirements for site requirements, building setbacks, parking and traffic
circulation, walls surrounding the restaurant site, landscaping, exterior illumination,
underground utilities, and supply and refuse storage. Section 20.82.040 D. of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if strict compliance is not necessary to achieve
the purpose or intent of the standard.
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El Tarasco
May 22, 2003
Page 10
Development Standards
Staff believes that considering the location and the design of the existing structure, that
a restaurant use is suitable for this location and that the proposed project meets the
intent of the restaurant development standards. Therefore, staff supports a modification
or waiver of the development standards as indicated in the chart above.
Building Department Regulations:
The increase in seating will consequently trigger an increase in the number of meals
served thereby changing the commercial grease disposal requirements specified by
Chapter 14.30 of the Municipal Code. A condition of approval has been included
requiring that prior to adding any seats beyond the 20 approved by Specialty Food
Permit No. 7, the applicant must demonstrate, to the satisfaction of the Building
Department, that the existing grease interceptor is adequate to accommodate the
increase in seating/meals. If the existing interceptor does not comply with Building
Department requirements, a new or upgraded system will be required to be installed
prior to the expansion of seating or the commencement of alcoholic beverage service.
Site:
She shall be of sufficient size and configuration to
Partially Complies. The proposed restaurant will be
satisfy all requirements for off- street parking, setbacks,
located in an existing non conforming mixed -use
curb cuts, walls, landscaping and refuse storage as
structure. Staff believes the site meets the intent of the
provided by Section 20.82.040 of the Municipal Code.
restaurant development standards.
Setbacks:
The City may establish more restrictive setbacks If it is
Complies. The proposed uses are to be located in an
determined that it is necessary or desirable for the
eidsting structure that meets the required setbacks.
protection of the public health, safety or welfare or to
insure the compatibility of uses on contiguous
rtes.
OHStry
Off- street parking in accordance with the provisions of
Waiver Sought The site provides no off - street parking
Parking:
Chapter 20.66 of the Municipal Code
spaces. The applicant requests a walver of the 16 parking
spaces required for the proposed eating and drinking
establishment.
Grcufatlon•
Parking areas and driveways to facilitate traffic and
Not Applicable.
circulation of vehicles on and around the facility and to
'de adequate sight clearances.
Walls:
A solid masonry wall 6 feet high shell be erected on all
Not Applicable. The ebsting structure and location of
Interior property fines of the subject property. Walls 3
the project site are not conducive to applying this
feet in height "I be erected between the kursite
condition.
parking areas and the public d ht-of-
Landscaping:
I ff. of entire she, 3 -foot wide landscape area shall be
Does not Comply. The wilsting structure on the subject
provided to screen the parking area from the public
property does not provide landscaping.
right- of-way. A 3-W wide landscape area adjacent to
the interior property lines shall be provided.
Lighting;
Parking lot and site
illumination height and intensity; to
Complies. The eAsting lighting on the subject property
minimize the reflection
of tights to the streets and
does not appear to pose a problem to adjacent
neighboring erties,
properties.
Utilities
All utilities required to be under grounded.
Complies. The project site is served by underground
unities.
Supply Storage
Supply storage to be contained within a budding.
Compiles. No outdoor storage of supplies presently
occurs or is permitted.
Refuse Storage
Refuse storage outside of a building shall be hidden
Partially Complies. A condition of approval has been
from view by a solid masonry wall 6 feet in height with
included to require the epsting trash storage area, which
self - looking gates.
is located at 115 22nd Street, be maintained and made
available for the proposed use.
Staff believes that considering the location and the design of the existing structure, that
a restaurant use is suitable for this location and that the proposed project meets the
intent of the restaurant development standards. Therefore, staff supports a modification
or waiver of the development standards as indicated in the chart above.
Building Department Regulations:
The increase in seating will consequently trigger an increase in the number of meals
served thereby changing the commercial grease disposal requirements specified by
Chapter 14.30 of the Municipal Code. A condition of approval has been included
requiring that prior to adding any seats beyond the 20 approved by Specialty Food
Permit No. 7, the applicant must demonstrate, to the satisfaction of the Building
Department, that the existing grease interceptor is adequate to accommodate the
increase in seating/meals. If the existing interceptor does not comply with Building
Department requirements, a new or upgraded system will be required to be installed
prior to the expansion of seating or the commencement of alcoholic beverage service.
El Tarasco
May 22, 2003
Page 11
Environmental Review:
This project has been reviewed and it has been determined that since the construction
associated with the proposed use is limited to minor interior alterations only, it is
categorically exempt from the requirements of the California Environmental Quality Act
under Class 1 (Existing Facilities).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code.
Additionally, the item appeared upon the agenda for this meeting, which was posted at
City Hall and on the city website.
Conclusion:
Staff believes the proposed restaurant use with the on -site sale of beer and wine is
acceptable for this location and will not be detrimental to the community. Aside from the
residential uses within the building, surrounding uses are commercial and should not be
negatively impacted by the intensification of the restaurant. The findings to approve the
Use Permit for the restaurant use, the change from a Base FAR use to a Reduced FAR
use and approval pursuant to the ABO can be made, in staff's opinion. Additionally, staff
believes that the waiver of the additional required off - street parking is acceptable due to
the availability of public parking in the vicinity, the neighborhood serving character of the
restaurant and the likely walk -in trade from the surrounding residents and visitors.
Alternatives:
Additional facts may be uncovered during the public hearing or the Commission might
reach a different conclusion based upon the facts and circumstances of the case that
may lead to a finding that the intensification of the use might create an impact to the
neighborhood. The Commission could modify or deny any combination or all of the
applicant's request (additional operating hours, increased seating or beer and wine
service). A modified approval can be accommodated through changes to the findings
and conditions of approval; however, should the Commission choose to deny the
application, staff recommends that the item be continued to allow for the preparation of
findings for denial.
Prepared by: Submitted by:
regg B. Ramirez, Associate Planner
Sharon Z. Wood, Assistant City Manager
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El Tarasco
May 22, 2003
Page 12
Exhibits:
1. Resolution No. 2003- findings and conditions of approval
2. Letter and project description from the applicant
3. Police Department report
4. Police Reporting District Map
5. Specialty Food Permit No. 7
6. Project plans
1L
EXHIBIT NO. 1
RESOLUTION NO. 2003- ; FINDINGS
AND CONDITIONS OF APPROVAL
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N
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -006 FOR PROPERTY LOCATED AT 2201 WEST BALBOA
BOULEVARD (PA2003 -045).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by El Tarasco, with respect to property located at
2201 West Balboa Boulevard, requesting approval of Use Permit No. 2003 -006 to allow a Full
Service, High Turnover Eating and Drinking Establishment, a conversion of use from a Base
FAR use to a Reduced FAR use, 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 a waiver of the required off- street parking requirements. The site is designated Retail &
Service Commercial by the General Plan Land Use Element and designated Specific Plan No. 6
(Retail and Service Commercial) by the Zoning Code.
Section 2. A public hearing was held on May 22, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The City's General Plan designates the site as Retail & Service Commercial. The Zoning
Code designates the site as Specific Plan No. 6, Retail and Service Commercial, which
allows the site to be used for commercial uses. Eating and Drinking Establishments are
permitted uses within the General Plan and the Zoning Code designations.
2. The location for the proposed Eating and Drinking Establishment requiring this requiring
this Use Permit, and the proposed conditions under which it would be operated or
maintained, is consistent with the General Plan and the purpose of the Specific Plan #6
(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 referred to as McFadden
Square. Surrounding land uses are dominated by retail commercial, professional office
and visitor serving uses. Restaurant uses are expected to be found in this and similar
locations and are complimentary to the surrounding visitor serving and commercial
uses. The existing establishment operated under Specialty Food Service Pemit No. 7
has not proved detrimental to the area.
%S
Planning Commission Resolution No. _
Paae 2 of 6
b. The project site is not located in close proximity to, day care centers, schools, facilities
or places of religious assembly.
c. The project design and operational characteristics including the modification and
waiver of the Restaurant Development Standards, as conditioned, meets the intent of
the Zoning Code.
I The required findings for the Conversion of Use from a Base FAR use to a Reduced FAR
use can be made for the following reasons:
a. Peak hour traffic trip generation rates for restaurants are based of floor area, not on
the number of seats or occupancy therefore the trip generation rate does exceed that
of the existing use.
b. Traffic generated by this use is consistent with normal traffic projections for restaurants
of this type.
c. The subject property qualifies for the conversion of use because the existing building
was constructed prior to 1988 and in accordance with regulations in- effect at the time
of construction.
d. The proposed project is limited to the operational characteristics, gross floor area and
net public area approved by this use permit. An amended use permit would be
required to change any major operational characteristics or increase in gross floor or
net public area. Additionally, any change in use by other building tenants would require
a use permit if the change creates an intensification of the use or if the new use is not
permitted by right.
e. There are no physical improvements or additions associated with this application that
readily lend itself to conversion to a higher traffic generating use.
f. The subject property is located in the McFadden Square commercial area which is
dominated by retail, restaurant and other visitor and resident serving establishments.
The proposed restaurant is consistent with the surrounding uses.
4. The on -site alcoholic beverage service requiring this requiring this Use Permit, and the
proposed conditions under which it would be operated or maintained, will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not be
detrimental to the properties or improvements in the vicinity or to the general welfare of
the City for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full - service, sit -down restaurant. Alcoholic beverage service is typical
and expected by the public in full - service restaurants;
b. The number of alcohol licenses within the reporting district and adjacent reporting
districts is not significantly high given the visitor serving nature of the land uses in the
district.
!16
Planning Commission Resolution No. _
Paoe 3 of 6
c. The project site is not located in close proximity to day care centers, schools or places
of religious assembly.
d. The sale of alcoholic beverages for on -site consumption to be operated in a building
that is designated and zoned for commercial activity. The use has been conditioned in
such a manner to minimize the impacts associated with the on -site sale of alcoholic
beverages. The plans, as conditioned, meet the design and development standards for
alcoholic sales.
e. Although the number of crimes in the area is higher than average, this new beer and
wine license will not likely increase crime as the alcohol sales are in conjunction with a
full service restaurant without a bar.
5. The required findings for granting a waiver of a portion of the required off - street parking
can be made for the following reasons:
The site is located in close proximity to useable public parking lots and there are on-
street metered parking spaces in the vicinity.
b. Substantial walk -in trade is expected during the permitted hours of operation due the
sites' location near the beach, pier and other visitor serving facilities and businesses.
6. 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.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -006, subject to the Conditions set forth in Exhibit "A."
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 22nd DAY OF MAY 2003
AYES:
NOES:
f 3'�
Steve Kiser, Chairman
BY:
Shant Agajanian, Secretary
11
Planning Commission Resolution No. _
Paqe 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003 -006
1. Use Permit No. 2003 -006 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. 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.
3. The Planning Commission may add to or modify conditions of approval to this Use Permit
or recommend to the City Council the revocation of this Use Permit upon a determination
that the operation, which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the community.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this Permit.
5. The project shall be in substantial conformance with the approved plot plan, floor plan
and elevations. The total seating shall not exceed 40.
6. Prior to the expansion of seating beyond the 20 seats permitted by Specialty Food
Service Permit No. 7 and prior to the commencement of alcoholic beverage service,
the applicant shall demonstrate to the satisfaction of the Building Department that the
facility complies with the provisions of Chapter 14.30 of the Municipal Code for
commercial grease disposal. Additionally, the establishment shall comply with all
applicable provisions of Chapter 14.30 for the life of this Use Permit.
7. 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.
8. The hours of operation shall be limited to 7:OOAM to 2:OOAM daily.
9. The delivery of alcoholic beverages for consumption off - premises is prohibited.
10. There shall be no live entertainment and /or dancing at any time.
11. 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
E
Planning Commission Resolution No. _
Pacie 5 of 6
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owners, 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.
12. 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.
13. 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.
14. 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.
15. No "happy hour" type reduces price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
16. Full meal service shall be provided during all hours of operation.
17: Sales 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.
18. There shall be no exterior advertising or signs of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
19. 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.
20. 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.
11
Planning Commission Resolution No. _
Page 6 of 6
21. 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.
22. 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.
23. 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 specked time periods unless the ambient noise level is
higher:
24. Storage outside of the building is prohibited.
25. The trash facilities located on the adjacent property at 115 22nd Street shall be made
available for the use authorized by this use permit unless other appropriate trash
storage and disposal facilities are provided.
26. 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.
Between the hours of
Between the hours of-
7:00AM and
10:OOPM 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
6OdBA
45dBA
50dBA
property
Mixed LJse Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
24. Storage outside of the building is prohibited.
25. The trash facilities located on the adjacent property at 115 22nd Street shall be made
available for the use authorized by this use permit unless other appropriate trash
storage and disposal facilities are provided.
26. 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.
EXHIBIT NO. 2
LETTER AND PROJECT DESCRIPTION
FROM APPLICANT
a1
This Page
Intentionally
Left Blank
2Z
CUP Application
2201 West Balboa Boulevard
El Tarasco Restaurant
January 29, 2003
Project Description
History & Current Conditions
2201 West Balboa Boulevard has operated under a "Specialty Food Service"
zone classification since April 1, 1995. On May 1, 2002, El Tarasco, a
Mexican food restaurant, signed a 7 -year lease with two 7 -year options for
the space. This is El Tarasco number 11 in a long established chain of family
owned and operated Mexican Restaurants, Newport Beach is their sixth
coastal area location with two in Manhattan Beach, one in Redondo Beach
and two in El Segundo. The current zoning limits them to 20 dining seats
and does not allow for the application of a beer and wine license. The
subject Net Public Area is 635 square feet in an 8,787 square foot mixed
used building containing office space on the ground floor and 6 apartments
on the second floor. Like many structures in the "Old Town" McFadden
Square area, it is built property line to property line without any provisions
for on site parking. The property, circa 1928 -1933, is a registered historic
Newport Beach structure.
Purpose of Application
The purpose of this application is to seek a "Restaurant` occupancy
classification that will allow 1.) An increase from 20 to 40 dining seats; 2.)
The ability to receive approval of a beer and wine license; and 3.) To amend
their hours of operation from 7 am to midnight daily to 7 am to midnight
Monday through Thursday and 7 am to 2:30 am on Fridays and Saturdays.
This application does not include any new construction or physical
changes to the property. It does however request the waver of code
required parking associated with the requested change in the maximum
dining seating allowed. The applicant does not believe the requested
changes increase the intensity of use of the site or area beyond the current
existing conditions.
Applicant Comments
Intensity of use
As a visitor serving area of Newport Beach, public parking is provided for the
McFadden Square area with street -side parking meters and in three
municipal lots, which surround the subject property. While the exact number
of parking stalls located in the public lots is not known by the applicant,
memory recalls over 1200 metered stalls identified years ago during "mix -
master" and parking reconfiguration discussions.
During the summer months, and warm weekends and evenings year round,
the area fills with both local and out of town visitors. The parking lots fill and
many visitors arrive on foot from the local residential buildings while several
arrive on bike. During the other nine months of the year, the area's
occupancy greatly drops. An oversupply of parking is readily available in any
of the public lots and along the metered streets. Because of the draw of the
Z3
CUP Application
El Tarasco 2201 West Balboa Boulevard
Page 2
beach and the Newport Pier, parking is not related to the seating capacity of
a single local eatery. El Tarasco is not a destination restaurant. The crowds
are present (or not present) because of the weather and the amenities to be
offered by the beach. It is our natural assets that are the destination draw,
not the businesses.
Once the visitors arrive, visitor - serving functions become important. During
the non - summer months, there is no demand for expanded services. During
the summer months and on weekends more capacity means more service
available. The local customer base does not enjoy long waits for seating.
Those who arrive by car are already there. Those that come on foot are
already there. Those that come on bike are already there. They just need a
place to go. When told there will be a wait, the customer often leaves and
goes to a different eatery in the area. Rarely do they return to their car and
drive to a different location.
Said simply, those enjoying the affordable meals at El Tarasco are already in
the area and the number of seats being utilized does not create an intensity
of use. The visitors are already standing in the waiting area or milling
around the exterior of the building using provided benches. It is not
uncommon to have a waiting period during peak visitor times. Loss of
customer base because of the wait is very discouraging. Since they are not a
destination eatery, the lost customer is lost revenue forever. They are not
inclined to wait for longer periods of time like is often the case for destination
restaurants. Being able to serve more individuals on crowded days and
nights will not draw more people to McFadden Square, but it will do more to
provide services to those who are already present. Obviously, this also
greatly impacts the profitability of the business. (On a side note, placing 40
seats inside El Tarasco in no way creates a crowded environment. There is
ample space for both dining and circulation.)
Beer & Wine
Simultaneously with this application, Ei Tarasco is applying through the
Department of Alcoholic Beverage Control for a beer and wine (only) License.
El Tarasco serves beer and wine in three of their existing establishments.
Their visitors in Westchester on Sepulveda Blvd., El Segundo on Main Street
and Redondo Beach on PCH all enjoy the opportunity of this beverage, The
average beer and wine sale is less than 20% of the average total sale per
person. Considering the low, affordable pricing (please see included menu
for all locations) this is a small but important sales volume. Here in Newport,
where they do not currently serve beer or wine, they often have potential
customers walk in the door and then leave when they discover beer or wine
is not offered. The importance of being able to offer this beverage relates to
both the loss of customer base and the profitability of the product.
2q
t
CUP Application
El Tarasco 2201 West Balboa Boulevard
Page 3
El Tarasco has a good reputation with the local police departments in the
areas they service and do not have a record of causing or adding to
neighborhood problems. They are often located in mixed -use environments,
similar to the McFadden Square area. They in fact benefit some areas by
remaining open for extended hours, after the local bars close (please see
comments below).
Hours of Operation
The reason EL Tarasco seeks permission to remain open until after the local
bars close, is that their experience in other beach towns shows that many
that come out of the bars at closing time enjoy, if not need, a place to eat
before they depart the area. They provide a "service" to those who exit the
bars at closing by providing a late night, affordable place to eat. While their
own beer and wine sales stop nightly in accordance to local zoning codes and
varies from location to location, just as their operational hours do, in some
locations they serve food as long as individuals continue to come in to eat,
up to the late closing time. This has worked well for them and the local area.
The applicant (and building owner) is particularly interested in this as it is felt
that damage to the building can be reduced on Friday and Saturday evenings
with a tenant remaining open until AFTER the local bars close as some of the
vandals might stop to eat instead of just walking by intent on destroying
sidewalk planter vegetation, palm tree lighting and "keying" the large panes
of glass in the subject building. The damage from the "bar closing crowd" on
Fridays and Saturdays remains the single largest source of damage inflicted
on the subject property year round.
Zr
r
a
** *Monday***
Jr. Super Deluxe Burrito w/ Medium Drink
$5.50 + tax
3 Tacos w1 Choices of Chicken: Ground Beef,
Chunky Beef, Beans Taco w/ Medium Drink.
$5.25 + tax
*.*. *Wednesday* **
Any Tostada w/ Choices of Chicken, Ground Beef,
Carnitas, Asada; Beans and Chunky Beef
w/ Medium Drink
$5.50 + tax
***Thursday* **
#14 Cane Asada, Rice and Beans
w/, Medium Drink and Tortillas
56.75
** *Friday **.*
#5 (2) Chicken Enchiladas, Rice and Beans
w/ Medium Drink
$6.50 + tax
.***Saturday***
Super Deluxe Burrito w/ Medium Drink
$6.25 + tax
***8unday* *fir .
Chicken Burrito; Rice. and Beans w/ Medium Drink
$6.25 + tax
0'
-I
NEW LOCATIONS
2931 E. NUTWOOD AVE. 2201 W. BALBOA BLVD.
FULLERTON NEWPORT BEACH
714 524 -2633 949 673 -7311 :
Far 714 524 -2787 .
1:
316 ROSECRANS
350 N. SEPULVEDA BLVD .
MANHATTAN REACH .•
MANHATTAN BEACH
Sun -Wed 10 am -. I am
316 406.8399: .
Thurs, 10 am - 2 am'
Fax 310 322.0011 `
Fri -Sat 10 am - 2:30 am
310 545 -4241
17419 CRENSHAW BLVD.,
Fax 310 322 -0013
TORRANCE
310 532.7922 .,
Fu 310 532.8099
210 MAIN $T.
26344. S. WESTERN AVE.
EL SEGUNDO .
L1 1 1
Sun -Thurs 10 am - 10 pm
Mon -Thurs 11 am = 9 pm .
Fri-Sac 10 am - 11 pm.
310 414 -9612
Fri 11 am; 10 pm
Fax 310 322 -00! 3
Sat 9 am - ID pm
Sun 9. am,- 9 pm
310 517;0457
411 E. GRAND AVE.
Fax 310.322-0013:
EL SEGUNDO
1402 S. PCH..
Mon -Sun 10 am - 9 pm.
REDONDO BEACH
310 322 -1074
Sun- Thurs 9 am -10 pm
Fax 310 322 -0013
Fri-Sst 9 arri - 11 pm
310 792.8088.
8620 S. SEPULVEDA BLVD:'
Fax 310 322 -0013, ..
WESTCHESTER
4675 IMPERIAL HWY..
Man - Sun -Wed 9 am , 10 pm
HAWTHORNE
Thurs- Fri-Sat 9 am - 11 Pro,
Mon -Sun 9 am . 2 an*
310 338 -0399
310.330 -0435
Fax 310 338 -0331
Fug 10 322 -0013
Zq
EL TABASCO
All plates are served very hot.
"WE CATER"
***DINNERS
$1.35
(1) Gicesc EncliiLida, Ground Beef Taw, Beans ..... ..............
$6.00
(1) Cheat ]Enchilada, Rice, Beans ........ ..................... ............
6.00
(2) Cheese Enchiladas, Ground Btel"Faco, Beans eam .... ..............
6.80
#4 ..Chile Relleno, Chcese.Erichilada, Beam ...... ; ............................
6.80
#5 '(2) Chicken Enchiladas, Rice, Beam ......... ...W . .......... ...............
6.80
#6 (2) Ground Beef Enchilada. Rice. Beans .................. ; ..........
: ... 6.80
#7 .(2) Growid BeLf Taws. Ricc, Beans ........ ......................... -I....
6.80
#8 Red Chile, Rice. Beans, wMaMas & Giliac . ................. ; ..........
6.90
#9 (2) Ground Beef Thquiros'. Ric, Beam & Guac . ......................
6.80
#10 (2) Large Eggs, Woe, Beans, wMirrillas & Gnat ......................
6.90
#11 (2) Large Eggs. w/Chorizo Rice, Bmis.Torrillas & Cluac . .....
... 6.80
#12 Carnias, lUcc, Bons, iti/Tortigm &GLutc.; Pico de Gallo........
7.813
#13 Ground BccfTact, MceBeam ............. ...... : ......................
6.00
#14' Cana Asada, , Rice, Beans, w/TordHas & Guac., Pica do Gallo 7.80
#15 Steak, Grew Chic, Ricci Beans, w/Tbrriflas...: .........................
7.80
#16 Chunky BeeMmale, Rim, Beau ....... d .... ... : ...... I ....... I .........
2.75
#17, Ground Becf Taw, Cheat Enchilada, Rice, Beam ..... .......
; .... :7.25
#18 Chile Mien% Rice, Beans .....:.................. .......I..........:............
6.80
#19 Stak Fajicas, Rice, Beans, w/Torrillas & Guaic .. .............
; ..... 7.80
#20 Chicken Fajiw, Rice, Beans, wrrorcillas & Guac ............ : ........
MID
#21 Machicha, Rice, Biiam, uflurtillas & Gust. ............ : ..............
7.80
#22 Shrimp Pajims, Rice. Beam, w/Torrilln &
8.80
#23 (2) Steak Taws, Ric-P, Bcam.k ................:..... ......................:....8.80
5,95
#24 (2,) Fish Taws, M Be
cci ans .., ..... ...... I I ... ; ..................
8.80
1. .
#25 (2) I'Licame Enchilada, Rice, Beans..,..., ... - ................. I ... I ....
..... 6.80
#26 (2) Chicken, Enchilada Rartchens,Style, Rice, Beam .................
6.80
#27 (2) Chicken Enchilada w/Chic Verde Sauce, Rice, Beans.:.......
6.80
#28 (2) Shrimp Enchilada, Rice, Beam-1-- I
5.75.
(2) Fish Enchiladd,Rice. Beans ....... 6 ........................ ................
9.00
M Chiie MWIOMM, Rice, Beans ............... .............. W.,
.... ; 7.80
1*1 Chile ILdl=/Tamale, Rice, Beany ........... I ....... ...........
7.80
#32 Tamde/1100, Rice, Beam ......... ........................................
; ... 7.80
#33 TamaleflInchiWa; Rice, Beam .... ...... ......
7•90
* **BURRITOS
7.00
Super Dcbzcc-X Lg., Ground Beef, Lett, Rice, Beans
(Wet wid).mtked Chem U Guacamole) .....................................
$6.1)o
Sup" X Lg., Ground, Bee& Lcri:, Rice, Beam. wa .................. ........
5.50
Jr. Super Deluxe-Lg., Ground B=C Lem, Rice, Beam
5.50'..
(Wa with melted Cheese, Guac. & Sour Cream) ... I ........ ;..T; .......
5.50
Deluxe -Med., Chunky, Bid, Beans (wet w/ meliod Cheese) ..:: ........
5.25
Taw=Sm., Ground Beef, Late., Cheat & To"11110 Sauce ............
5.00
Beef & Bent- Chunky Beef .......... .............. ..................... L.I.M. ........
5.00
Chile Rdleno-Cheese, Beans &
Sauce u............:. .......:.._..........I.........
5.0Chunky
Beef.: .......... I .......... A....... 1. ..... - ....... 1: ....... :-:..................
5.25
Beans& Cheese . .......... 11 ..................... .........................................
3.50
Camitas-Beam, Guacamok BC Pico de Gallo ....................................
5.75
Choli,,o & Egp..: ................. M-7! ................ M ................ ............
4.50
iChorizo & Beam .................... I ........... ;--a ............................... ...........
I
Chicken-Letruce, Cheese & T6mato Sauce- ........ ...... ...........
14-50
Cunt Amda•Bcans, Guacamole & ]Ricu de Gallo ....... .......
15.00
5.75,
Steak, Green Chile ;... ...... a ................ : ............... ; .............................
- 5:75
Machacha, Egg, Tomatoes, Cilantro ac Onions ........... : ....................
5.75
ElTa=6Burricos-ChoiaofCuniiu, Asada, orChicken
w/onicns, Cilantim, Green Chile : .............. ... ........... .................
5.75
Shrimp Faiicas Burrito ......... ....................... 11: ......... ........... :
..... 750
***DESERTS.***
Ran - .............
............ I ........................ V. .................................. : ...... $2.50
*-k*A LA CARTE
$1.35
................... .......... h .......................
1.75
Order Chunk-/ BmFTAquiws I w/Lectuce and Cuacari ..... .........
. $3.50
Order, Asada Tatlaitos w/Uttace, Guacamole & Pico de Gallo .....
... 3.50
Order Camicas laquiros; w/Lemaw, Guacamole & Pico de GAO .....
3-$0
I Order Chicken Thquirm w/Lctituce & Chisiamole - ........ M .................
3.50
Order Ground BeefTaquimm/Lecouct & Guacamole .....................
5.50
Order Hour Taquhm w/Letruce, GU2C. & Pico de Gallo, (any lGnd): 3.50.
rndtilada-your choice, Chickri, Gni or Cheat ...... ! ........... v ...........
1.90
Guacamole & Chips ........... ............ ................................
5.00
Clicest: & Chips...........: .. ................................ ; .................... ;.; .......
.4.00,
Quecdifla w /Cheese, Ortega Chile & To m ato Sauce ............ ........
4 .00,
Tamale w /Chuiriky Beef or Chicken .. . .......... ....... I ...........................
2.25
Ground Beef Taco w/Latuot, Cheese & Tomato Sauce:.......::.......:..
1.90
Cilickenfaco w/Levrum Cheat & Tbiatilo Sauce ... ; ........ 1 .... .........
1.90
Soh Camicas Taw w/Gusamoh: & Fico deGallo ........... M.P.-f .... I
.... 175
Soft Cirric Asada Taco w/Guscarnole & Pico dc Gallo ! ....................
2.75
Soft F1 Tarsisco Tkv � -oice of Ca. nivas, Asada, or Chicken
vs/Onions, Cilanuo, Green Chile ....... 7 .................... : .................
2,75
Bcan . ::;
s or ........ o ............... ; .............. t ........ ........
2�.00,
Pomm Taw w/Lermoc, Cheese & Mitnam Sauce ...:.:.......:..............
...1.90
Soft Fish Taw qu,(Eucc, Mayonnaise, & Pico de Gaffe .., ....... ........
2.75,
Cllilc Refleno-et w/inchred Cheat .......... ; ........... ..........................
3.00
�Super Nachos, linnava, Ground Beef Star Cream M Guacamole....
5,95
small Guacamole ...................... ......... . ............ ............ ........
3.25
**,*TOSTADAS
finclultm Beas, Letuce, Cheese; Sauct Sc Cusicarnole
........... .... ........
Camara wlPj'co de Gallo.:........: •.......
$5.75
...........
Ground Baf ... ......... -1- ...... ...... ....... ...... ......
5.75.
.
Cliickcn....: ........... .................... ........ ............................... .........
................ - ......... ........ ...........................................
5.5.0
Came Asada w/Pico de Gallo ...........................................................
5.75
Chunky Beef..: .................. ............
................... .............. .......
5,75
Fish......... ........
... 6.50
Shrimp .... ........... - ...... . .. ..........
7.00
***T0RTAS***.,
Imid........ .............................................. ............................
$5.50
Camitas.......... ................ 1.v .................. ....... I .... ......................
5.50
Lengua ............. .......... ..... o ..................... . ................................
5.50'..
Chicken ....... ....... ........................... ; ....... ........ .. ........ .....
5.50
Him... .......... i. ........ .................................... ............................
5.50 I
***DRINKS
Milli - 12 oz ................. ...... ....... I ...... I ................. 11.1: ......
$1.35
Pepsi, Me Pepsi, Sprite, Ftoot 134a 16 oz 132 ........
1.75
Lemonade 16 oL 132 Oa ......................... .....I.......................:.
1.35-1.75
Orchata VArcr 16 oL 132 oz . .... ............. ........ ....................
1.35 1.75
Orange Bang 16 oz, l32 oL ...................... .......... ...... ;:.;.
1.35 1;75
Cciflec . ................. I ........ . .... I ............. I ..................... .............
. 1.35
feed Tea 16 oz. 132 oL ... ........ ...... 1--l-1-.1-
1.35 - 1.75
jarii2ica 16 oz. 31 oL .................. . . ........... ...........
1.35 -1.75.
Pina Coladi 16 ciL 1 32 oL ........... ; .................... ...................
1.35 -1.75
(Free Mills of Iced Tea)
EXHIBIT 3
POLICE DEPARTMENT REPORT
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32
City of Newport Beach
Police Department
Memorandum
March 31, 2003
TO: Gregg Ramirez - Staff Planner
FROM: CSO Susan Seviane
SUBJECT: El Tarasco UP2003 -006
Per your request our office has reviewed the project request for El Tarasco, located at 2201 W.
Balboa Blvd., Newport Beach. This restaurant is currently operating under a "Specialty Food
Service" the applicant is requesting to seek a "Restaurant" occupancy classification that will
allow 1) an increase from 20 to 40 dining seats; 2) to amend their hours of operation from 7:00
am to midnight daily to 7:00 am to midnight Sunday through Thursday and 7:00 am to 2:30
am on Fridays and Saturdays; and 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.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
AupIicant History:
Family owned business, eleven total through out the South Bay area of Los Angeles County
and in Orange County.
Signs and Displays
Advised that any signs and displays would need to conform to city requirements.
Hours of Operation
Recommended hours of operations 7:00 am to 2:00 am daily.
33
El Tarasco — UP2003 -006
March 25, 2003
Page 2 of 3
Preventive Desien
The Police Department has no recommendations.
Securiw.
The Police Department has no recommendations.
EmRI flee 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.
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.
In addition the Police Department believes the following condition would be appropriate for
the Conditional Use Permit for the business:
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 Iicense.
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.
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
71
El Tarasco — UP2003 -006
March 25, 2003
Page 3 of 3
business. Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the City 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.
11. 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
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Urdt
City of Newport Beach
Police Department
Memorandum
March 6, 2003
TO: Gregg Ramirez, Staff Planner
FROM: Paul Salenko., CrimeAnalyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the El Tarasco restaurant at
2201 West Balboa Blvd. This area encompasses our reporting district (RD) number 15 as well
as part of Census Tract 635. This report reflects City of Newport Beach data for calendar
year 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 5,331 were in
RD 15. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,979 crimes reported to the Newport Beach Police Department during this
period. Of this total, 3,092 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
3,887 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 4,086.60 per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes
RD 15
Newport Beach
California*
National*
Part 1
336
3,092
1,346,557
11,849,006
Part 2
797
3,887
N/A
N/A
Part 1Crime Rate
11,885.39
4,086.60
3,902.9
4,160.5
The number of active ABC licenses in this RD is 70 **
This reporting district had a total of 1,133 reported crimes as compared to a City wide
reporting district average of 184 reported crimes. This reporting district is 949 crimes or
516.91% above the City wide reporting district average. This location is within an area where
the number of crimes is at least 75% higher than the average of all reporting districts in the
City as outlined in the City Council "K -7" policy.
3�
Arrest Informati on
There were 123 DUI arrests and 382 Plain Drunk arrests in this area during this same period
as compared to 1,608 for the entire city. This RD amounts to 28.68 % of the DUI /Drunk
arrests made in the entire City. According to a recent national study by the Department of
Justice, more than 369/6 of adult offenders convicted of crimes in 1996 had been drinking at
the time of their arrest.
Arrests
(DUUDrunk)
All Arrests
RD 15
Newport Beach
505
1,608
988
4,158
California* National*
N/A NIA
1,415,129 9,322,324
Additional Informati on
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 13 and RD 16.
Crimes
RD 13
RD 16
Part 1
103
141
Part 2
145
321
Crime Rate
5,637.66
5,344.96
Arrests (DUUDrunk)
57
185
All Arrests
156
321
Calls For Service
2,019
3,157
Number of active ABC licenses
5 **
6 **
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
'36
EXHIBIT 4
POLICE REPORTING DISTRICT MAP
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7
EXHIBIT 5
SPECIALTY FOOD PERMIT NO. 7
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Application No: 7
SPECIALTY FOOD SERVICE PERMIT
June 3, 1994
Applicant: Rush N. Hill 11
Address of Property Involved: 2201 West Balboa Boulevard
Legal Description: Lots 16 and 17, Block 22, Newport Beach
Request to permit the establishment of a specialty food service use on property located in
the SP -6 District.
The Planning Department on June 1, 1994 approved the application subject to the following
conditions: 1. That development shall be in substantial conformance with the approved site
plan, and floor plan, except as noted in the following conditions. 2. That maximum seating
and /or stand -up counter space for no more than 20 customers shall be maintained inside
the subject specialty food use. Any further increase in the number of seating and /or stand-
up counter space for customers shall be subject to the approval of a use permit. 3. That
trash receptacles for patrons shall be conveniently located both inside and outside of the
proposed facility. 4. That trash generated by the business shall be screened from view from
adjoining properties except when placed for pick -up by refuse collection agencies. S. That
the hours of operation shall be limited between the hours of 7:00 a.m. and 12:00 midnight.
6. That no outside paging system shall be utilized in conjunction with this specialty food
establishment. 7. That 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 owner or the leasing company. 8. That no on -sale alcoholic beverages
shall be permitted on the premises. 9. That no live entertainment or dancing shall be
permitted in conjunction with the permitted use. 10. That no temporary "sandwich" signs
or similar temporary signs shall be permitted, either on -site or off -site, to advertise the
specialty food establishment. 11. That kitchen exhaust fans shall be designed to control
smoke and odor to the satisfaction of the Building Department. 12. That where grease may
be introduced into the drainage systems, grease interceptors shall be installed on all fixtures
as required by the Uniform Plumbing Code, unless otherwise approved by the Building
Department and the Utilities Department. 13. That the Planning Department may add to
or modify conditions of approval to this specialty food service permit, or recommend to the
Planning Commission or City Council the revocation of 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.
3300 Newport Boulevard, Newport Beach 10
The Planning Department determined in this case that the proposal would not be
detrimental to persons, property or improvements in the neighborhood and that the specialty
food services permit as approved would be consistent with the legislative intent of Title 20
of the Newport Beach Municipal Code, and made the following findings: 1. That the
proposed specialty food service is retail in nature, serving mainly persons residing or working
in the neighborhood, maintains a gross floor area of 2,000 sq.ft. or less, and is not
necessarily a destination point. It is anticipated that the proposed use will have parking
demand characteristics similar to a retail use. 2. That the proposed development is
consistent with the Land Use Element of the General Plan and the Local Coastal Program,
and is compatible with the surrounding land uses. 3. That the approval of Specialty Food
Service Permit No. 7 will not, under the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort, and general welfare of the city.
NOTE: This approval shall extend for a period of 24 months from the end of the appeal
period, and cannot be extended.
The decision of the Planning Department may be appealed by the applicant to the Planning
Commission within 14 days of the date of the decision. Any appeal filed shall be
accompanied by a filing fee of $375.00 .
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By V,(A.a., 9e . Etta r
William R. Laycock,4
Current Planning Manager
WRL:dk
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EXHIBIT NO. 6
PROJECT PLANS
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