HomeMy WebLinkAboutMartin Potts & Associates (PA2002-089)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)
CITY OF NEWPORT BEACH
Hearing Date:
July 18, 2002
r
PLANNING DEPARTMENT
Agenda Item:
4
3300 NEWPORT BOULEVARD
Staff Person:
James Campbell
�9ttipa��
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)
Use Permit No. 2002 -020 (PA2002 -089)
1300 Bison Avenue
Current
Development:
Vicinity Map
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:
W E•
Across MacArthur Boulevard are existing commercial uses and apartments
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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 (PA2002 -089)
July 18, 2002
Page 2 of 7
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
RE UHU.MENT
PROPOSED'
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).
SetlMcks:
The City may establish more restrictive setbacks if it is
Complies. The proposed uses will be within a new shopping
determined that it is necessary or desirable for the
center which provides a minimum of 25 -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 staffs opinion
Of- Street 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
provided in accordance with the Bonita Canyon PC Text.
Circulation:
Parking areas and driveways to facilitate traffic and
Complies. The tragic 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
provide adequate 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 Hills 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 re uirement
Landscaping:
10% 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 provided.
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 throughout the parking lot, and a 25 -foot wide
rn a , a stri alon both street fronta es.
MPA (PA2002 -089)
July 18, 2002
Page 4 of 7
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 form, 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 RwLher 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
NIPA (PA2002 -089)
July 18, 2002
Page 5 of 7
REQUIREMENT ..
(PROPOSED:.
Lighting.
Puking 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
upply storage to be contained within a building.
Complies, No outdoor storage of suuDlies is permitted.
Refuse Storage
Refuse storage outside of a building shall be hidden from
Complies. Trash 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 accommodate the ro used 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 form, 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 RwLher 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
NIPA (PA2002 -089)
July 18, 2002
Page 5 of 7
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 corner 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 attests 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. Adiacent 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 6 of 7
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 fixture 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
�
Exhibits
Prepared by:
JAMES W. CAMPBELL
Serin -r Planner
VV
A. Conditions of approval proposed by the applicant
B. Project plans
C. Police Department report
D. Draft Resolution for project approval including proposed conditions of approval
MPA (PA2002 -084)
July 18, 2002
Page 7 of 7
Real Estate Development and
Construction Management Services
May 8, 2002 RECEIVED BY
PLANNING DEPARTMENT BACH
C4TY 0
Mr. Jim Campbell
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
Re: THE BLUFFS R£TA /L
Individual Use Permit Application
Dear Jim:
AM MAY 10 2002 PM
7ts 19 110 111112 1112,3141316
via messenger
We appreciate Staff's consideration of the enclosed application for the processing of a
Master Use Permit on an individual basis for the food tenants which may fall under the
quick—service food category. We believe the City's approval of this use permit application
will aid in streamlining the use permits for the various tenants in the project.
The primary intention of this application is to allow the Planning Director to approval a
specific use permit, normally requiring Planning Commission approval, so long as the
quick-service food use meets the operational criteria approved by the Planning
Commission under this application. Of course, the Planning Director would always have
the option to elevate any use permit application to the Planning Commission, should the
Director deem it appropriate.
We are also enclosing our filing fee in the amount of $2,004 for the processing of this use
permit. If fees are required for each individual space, please notify our office accordingly.
We will be contacting you within the next few days to discuss the processing of this
application.
Martin Potts & Associates, Inc.
a Ca i is corporation
I&'--
Martin T. Potts
President
on behalf of The Irvine Company, Retail Properties
MTP /kg
Enclosures (as stated)
Mrs
C. Mr. Jerry Engen, The Irvine Company (w /encl.)
Mr. Pete Blumer, The Irvine Company (w /encl.) Exhibit A
567 San Nicolas Drive, Suite 208
Newport Beach, CA 92660
te C: \My Documents \002 The Bluffs \MemoCampbeff050802.doc
1 949.719.1900
lax 949.719.1909
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The Bluffs Retail Center
Exhibit A
Proposal
Approval for an Individual Use Permit to allow quick - service food operators to be
located in the Bluffs Retail project
General Requirements
This Individual Use Permit shall be limited to seven (7) operators with a maximum
square footage of 5,000 per use. The total square footage of the Individual Use
Permit shall not exceed the maximum allowed quick- service square footage of 19,694
sf (exclusive of outdoor dining areas) as approved under Site Plan Review No. 2001-
001.
Conditions
The following conditions must be met by the operator to fall within this Individual Use
Permit. If any of these conditions are not met, staff can either administratively accept
the exception, or defer the action to the Planning Commission.
1) Prior to the issuance of a building permit, the applicant will be required to
conform with the City of Newport Beach Municipal Code Security Plan.
2) That the use shall be in substantial conformance with the approved Individual
Use Permit.
3) That the hours of operation of the use shall be limited to between 6:00 am and
midnight daily. Any increase in the hours of operation shall be subject to the
approval of an amendment to this Individual Use Permit.
4) There shall be no live entertainment; only background music is allowed,
without amplified sound.
5) No outside loudspeakers, or paging system shall be allowed. Tenants with
exclusive outdoor dining areas may have speakers outside for background
music. Any music shall terminate at 10:00 pm and shall not exceed the
decibel levels as outlined in the following table:
ExhibitA- 032702.doc
Page 1 of 3 �D
Between the hours of
7:00 am and 10:00 pm
Between the hours of
10:00 pm and 7:00 am
inteno r exterior
rio exterio r
Measured at the property line of
commercially zoned property:
N/A 65 dBA
N/A 60 dBA
Measured at the property line of
residentially zoned property:
N/A 60 dBA
N/A 50 dBA
Residential property:
45 dBA 55 dBA
40 dBA 50 dBA
ExhibitA- 032702.doc
Page 1 of 3 �D
The Bluffs Retail Center
Exhibit A
6) The principal purpose for the use permit is for the sale or service of food and
beverage, with sale and service of alcoholic beverages incidental to the food
use during the specified restaurant hours of operation. The approval will also
allow the use of outdoor dining area in conjunction with the restaurant.
7) That 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) That no temporary "sandwich signs," balloons or similar temporary signs shall
be permitted, either on -site or off -site, to advertise the food establishment,
unless specifically permitted.
9) All employees shall park on -site.
10) That all mechanical equipment shall be screened from view of adjacent
properties and adjacent public streets, and shall be sound attenuated in
accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
11) That 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) That kitchen exhaust fans shall be designed to control smoke and odor to the
satisfaction of the Building Department.
13) That 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) That 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.
16) The operator of the food service use shall be responsible for the clean -up of all
on -site and off -site trash, garbage and litter generated by the use.
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) That no dancing shall be permitted in conjunction with the permitted use,
unless an amendment to this use permit is first approved by the City of
Newport Beach.
fxhiWA-032702.doc
Page 2 of 3 ''
The Bluffs Retail Center
Exhibit A
19) That the Planning Commission may add to or modify conditions of approval to
this use permit, or recommend to the City Council the revocation of this use
permit, upon a determination that the operation which is the subject of this
user permit causes injury, or is detrimental to the health, safety, peace,
morals, comfort or general welfare of the community.
ExhibitA- 032702.doc
Page 3 of 3 `oi
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NEWPORT BEACH
POLICE DEPARTMENT
July 8, 2002
TO: Jim Campbell, Senior Planner
FROM: Inv. Tom Voth
SUBJECT: The Bluffs Retail
At your request, our office has examined the project review plan for The Bluffs Retail
Project located at 1300 Bison Avenue, Newport Beach. These seven businesses will
occupy an approximate total of 19,694 square feet of the projected 50,508 square feet of
building space. I spoke with Martin Potts, the representative of the project for The Irvine
Company, and he reassured me that this master use permit would cover only tenants that
fell under a quick food service category. As an example, three tenants currently under
consideration are Baja Fresh, Quizno's Sub's, and Daphne's Cafe. This master permit is
to allow ancillary alcohol service and to avoid restaurants with a wine list or full service
bar. Mr. Potts said that if any of the tenants did not fit the City definition of a quick
service establishment, they could be required to apply for an individual Use Permit. As
outlined in "Exhibit A" of the document submitted by the applicant, there will be no live
entertainment or dancing at these locations (a copy is attached to this report).
Upon the approval of the Planning Commission, the applicants will individually apply for
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:
Mr. Potts said that their signs would be configured to comply with the City sign
requirements.
Hours of Operation:
Mr. Potts told me that the intended hours of operation are 6 a.m. to midnight, daily.
Preventive Design:
The Police Department has no recommendations.
Exhibit C
11
The Police Department has no objection to the operation as described by Mr. Potts in The
three page document "Exhibit A- 032702" and will condition the ABC license upon
approval by the City as necessary to maintain the health, safety and welfare of the
community.
Inv. Tom Voth
Vice and Intelligence Unit
4�
City of Newport Beach
Police Department
Memorandum
July 3, 2002
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 Martin Potts &
Associates project at 1300 Bison Avenue. 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 2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 471 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 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 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
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 54
Newport Beach
California*
National*
Part 1
23
2,852
1,266,714
11,605,751
Part 2
16
4,103
N/A
N/A
Part 1Crime Rate
1,940.93
3,770.24
3,739.7
4,124.0
Number of active ABC licenses in this RD 0 **
Arrest Information
There were 9 DUI arrests and 3 Plain Drunk arrests in this area during this same period as
compared to 1,769 for the entire city. This RD amounts to .07 % of the DUI /Drunk arrests
I
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 54
Newport Beach
California*
National*
(DUI /Drunk)
12
1,769
N/A
N/A
All Arrests
19
3,629
1,408,904
9,123,428
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 36 and RD 51. As you know, RD 54 is newly developing, primarily
residential part of the City. Therefore there are very few crimes in the area.
Crimes
RD 36
RD 51
Part 1
77
55
Part 2
124
31
Crime Rate
1,760.4
1,382.26
Arrests (DUI /Drunk)
14
6
All Arrests
29
14
Calls For Service
2,270
1,020
Number of active ABC licenses
6 **
0 **
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 2000 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
July 3, 2002
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aI
Exhibit D
RESOLUTION NO.
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 -020)
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 comer 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
�5
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 6
change in the hours of operation, would require an amendment to the Use Permit, reviewed by the
Planning Commission.
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. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -020, 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.
aq
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 6
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY, 2002.
AYES:
NOES:
EXCUSED:
BY:
Chairman
BY:
Secretary
AS
City of Newport Beach
Planning Commission Resolution No.
Paee 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 site 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. All music shall terminate at
10:00 pm and 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 for the sale or service of food and beverage, with
sale and service of alcoholic beverages 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. Alcoholic beverage service within outdoor patio areas is
permitted provided the Department of Alcoholic Beverage 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.
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
exceed seven (7). The total square footage of all eating and drinking establishments shall not
A�
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 6
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 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 restaurant, bar, tavern, cocktail
lounge or night club as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
i