HomeMy WebLinkAbout02 - Johnnys New York Pizza MUP_PA2013-019COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 14, 2013
Agenda Item No. 2
SUBJECT: Johnny's Real New York Pizza - (PA2013 -013)
1320 Bison Avenue
Minor Use Permit No. UP2013 -002
APPLICANT: John Younesi, Johnny's Real New York Pizza
PLANNER: Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -50 (Bonita Canyon, Sub -Area 5, Commerical)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
A minor use permit to allow a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage
Control License in conjunction with an allowed eating and drinking establishment
previously approved by Use Permit No. UP2003 -016. If approved, this Minor Use Permit
would supersede Use Permit No. UP2003 -016. Approval of this MUP is not required for
the business to open and operate without alcoholic beverage service and tenant
improvement building permits have been issued.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2013 -002 (Attachment No. ZA 1).
DISCUSSION
• The proposed restaurant is located in the Bluff's shopping center at the corner of
MacArthur Boulevard and Bison Avenue.
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Johnny's Real New York Pizza
March 14, 2013
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• The gross floor area of the establishment is approximately 1,495 square feet, the
interior net public area will be approximately 500 square feet and includes seating
for 36. The requested hours of operation are from 11:00 a.m. to 10:00 p.m. Sunday
to Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday. However, the
recommended hours of operation are 6:00 a.m. to 11:00 p.m., daily to provide this
operator and future tenants flexibility should breakfast hours be requested in the future.
• The Bonita Canyon Planned Community regulations require review and approval of
a use permit by the Planning Commission for eating and drinking establishments.
However, Use Permit No. UP2003 -089 (Attachment No. ZA 3) approved by the
Planning Commission granted the Planning Director authority to approve up to ten
(10) individual use permits within the shopping center with or without beer /wine
sales. Johnny's Real New York Pizza will occupy an existing tenant space most
recently occupied by Freshii and Carl's Jr. before that. Those previous tenants were
allowed through the Planning Director's approval of Use Permit No. UP2003 -016
(Attachment No. ZA 4) in accordance with UP2003 -089. That approval did not allow
the service of alcohol. The Zoning Code update changed the review authority for this
level of use permit from the Planning Director to the Zoning Administrator therefore,
approval of an MUP is required to allow for beer and wine service.
• Conditions of approval for Use Permit No. UP2003 -089 require that subsequent
approvals be in substantial conformance with that approval. The table below
includes notable conditions of approval form UP2003 -089 and indicates how the
proposed project is in compliance.
UP2003 -089 Conditions of Approval
Proposed Project
1. Prior to the issuance of a building permit for an
Substantial Conformance. Security is
individual use permit, the applicant will be required to
provided by the landlord (The Irvine
prepare a security plan to the satisfaction of the Police
Company). The Police Department
Department.
has determined a that a security plan
for the proposed restaurant is not
necessary
2. Individual use permits issued by the Planning
Substantial Conformance. Project site
Director shall be in substantial conformance with this
in designated location as depicted in
Use Permit. The location of the individual use permits
Lease Outline Drawing (See
should generally conform to the locations depicted in
Attachment No. ZA 6)
the Lease Outline Drawing dated August 28, 2002.
3. Hours of operation shall be limited to between 6:00
Substantial Conformance. The
am and midnight daily. Any increase in the hours of
Recommended Hours of operation are
operation shall be subject to the approval by the
6:00 a.m. to 11:00 p.m. daily. (Draft
Planning Commission.
COA No. 10).
6. The principal purpose for the use permit is to permit
Substantial Conformance. Request is
eating and drinking establishments with the sale or
for an eating and dining establishment
service of food and beverage, with sale and service of
with Type 41 on -sale beer and wine
beer and wine incidental to the food use during the
sales. (Draft COA No. 11).
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Johnny's Real New York Pizza
March 14, 2013
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specified restaurant hours of operation. The approval
will also allow the use of outdoor dining areas in
No outdoor dining is proposed.
conjunction with the restaurant for food service. Beer
and wine service within outdoor patio areas is
permitted provided the Department of Alcoholic
Beverage Control authorizes it.
20. Individual eating and drinking establishments shall
Substantial Conformance. Proposed
be no larger than 5,000 square feet. The total number
restaurant is approximately 1,505
of eating and drinking establishments authorized
square feet and is located in a suite
through this use permit shall not exceed ten (10). The
occupied by a restaurant since the
total square footage of all eating and drinking
opening of the shopping center.
establishments shall not exceed 19,809 square feet
(exclusive of outdoor dining areas). Outdoor dining
areas shall not exceed the amount authorized by Site
Plan Review No. 2001 -001.
23. Bar counters for the service of alcoholic beverages
Substantial Conformance. There is a
shall be prohibited.
raised dining counter however, the
layout of the employee workspace
and equipment (pizza warmers,
sneeze guards, cash registers and
other appliances) is conducive of an
eating and drinking establishment and
not of a bar or lounge as defined by
the zoning code. Combined with the
11pm closing hour and limit on
percentage of alcohol sales, staff
believes the intent of not allowing a
late hours bar is achieved.
Other conditions of approval related to alcohol service,
Substantial Conformance. See draft
trash, deliveries, prohibition of live entrainment and
ZA resolution.
dancing, etc.
• The Police Department has reviewed the proposed application and has no
objections to the request. The Police Department memorandum, crime and alcohol
related statistics and RD map are attached (Attachment No. ZA 5).
• Staff believes allowing the service of beer and wine is compatible with existing and
allowed uses within the Bluff's shopping center. Existing uses in the center reflect
the type of restaurants, retail and service uses allowed by the PC regulations and
typically expected by the public at shopping centers like the Bluffs.
• Parking is provided in the shared parking lot. The original shopping center approval
site plan indicates that 469 spaces are required for the shopping center, including
the subject tenant space, and 481 spaces are provided on -site.
• If approved, Minor Use Permit No. UP2013 -002 (PA2013 -013) will supersede Use
Permit No. UP2003 -016 (PA2003 -102).
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Johnny's Real New York Pizza
March 14, 2013
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ENVIRONMENTAL REVIEW
The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act. The
Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves allowing beer and wine
service at a bona fide eating and drinking establishment.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD
An appeal may be filed with the Director of Community Development within fourteen (14)
days following the date the action or decision was rendered pursuant to Chapter 20.64 of
the Zoning Code. For additional information on filing an appeal, contact the Planning
Division at 949 644 -3200.
Prepared by:
i 1
Gregg R Irez
Senior Planner
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
ZA 7
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Draft Resolution
Vicinity Map
Use Permit No. UP2003 -089
Use Permit No. UP2003 -016
Police Department Recommendation, statistics, RD Map
Lease Outline Drawing - Restaurant Locations
Applicant's Project Description and Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2013 -DRAFT
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -002 TO ALLOW AN EATING AND DRINKING
ESTABLISHMENT, NO LATE HOURS WITH A TYPE 41 (ON-
SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL
LICENSE LOCATED AT 1320 BISON AVENUE (PA2013 -013)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Younesi, with respect to property located at 1320 Bison
Avenue, and legally described as Parcel 1 of Parcel Map 326 -48 requesting approval of a
minor use permit.
2. The applicant requests approval of a minor use permit to allow a Type 41 (On -Sale Beer
and Wine) Alcoholic Beverage Control License (ABC) in conjunction with an eating and
drinking establishment previously approved by Use Permit No. UP2003 -016. The gross
floor area of the establishment is 1,495 square feet with an interior net public area of
approximately 500 square feet and 36 seats. The recommended hours of operation
are 6:00 a.m. to 11:00 p.m., daily. If approved, this Minor Use Permit would supersede
Use Permit No UP2003 -016.
3. The subject property is located within the PC -50 (Bonita Canyon Planned Community)
zoning district within Commercial Area 5 and has a General Plan land use designation of
CG (General Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 14, 2013 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
improve an existing commercial space to an eating and drinking establishment.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The crime rate in RD 54 is 49% lower than the City average. The crime rate in
the adjacent RD's is also lower than the City average.
ii. The numbers of alcohol- related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. 2012 alcohol crime related statistics indicate a lower number of alcohol related
calls, crimes and arrests in RD 54 and surrounding RD's when compared to
other areas in the City. In particular, RD 54 had 10 alcohol related arrests and
one alcohol citation in 2012.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. The subject tenant space is located within the Bluff's Shopping Center which
was developed as a retail and service center. The nearest residential uses are
located across Bison Avenue to the south and MacArthur Boulevard to the
west. Other sensitive land uses listed above are located a quarter mile or more
away.
iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
1. Six (6) of the ten (10) eating and drinking establishments in the Bluff's shopping
center currently have an active ABC license, all of which are bona fide eating
and drinking establishments and non are defined as bar's, lounges or nightclubs
by the zoning code. These establishments include Daphne's, Wasu Sushi,
Mozambique, Pei Wei, Island's and Wildfish.
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v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The subject tenant space has historically been occupied by restaurants with
similar number of seats and business hours. There is no evidence that suggests
these uses have created objectionable conditions.
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a minor use
permit are set forth:
Finding
A. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1. The General Plan designates this site CG (General Commercial) which is intended to
provide for a wide variety of retail, service and other commercial uses. The proposed
eating and drinking establishment with beer and wine service is consistent with this
land use category.
2. The subject property is not part of a specific plan area.
Finding
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
1. The site is located in the PC -50 (Bonita Canyon Planned Community) zoning district
within Commercial Area 5. The Commercial Area 5 land use regulations identify eating
and drinking establishments as allowed uses contingent upon approval of a use permit.
2. The shopping center site design was originally approved in 2001 (PA2001 -085). The
approval included building placement, landscaping, walls, vehicle and pedestrian
circulation and parking.
3. The shopping center and mix of uses, including the subject tenant space, requires 469
parking spaces. According to City records, 481 parking spaces are provided on site.
4. The location, size, hours of operation and other physical and operational characteristics
of the restaurant are in substantial conformance with Use Permit No. 2003 -089.
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Finding
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Findinq
1. The shopping center was designed to be occupied by a mix of restaurants, retail
service uses. Johnny's New York Pizza will complement the existing uses and is a
typical and expected type of use in shopping centers similar to the Bluffs.
2. The operation of the restaurant will be restricted to the hours between 6:00 a.m. and
11:00 p.m., daily. These hours are consistent with the business hours of other
restaurants and uses in the shopping center.
3. The operational conditions of approval relative to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol related
impacts. The project has been conditioned to ensure that the business remains a
restaurant and does not become a bar or tavern. Additionally, dancing or live
entertainment is not permitted.
Finding
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Facts in Support of Finding
1. The restaurant will occupy a tenant space historically occupied by similar restaurant
uses and only interior improvements are associated with Johnny's New York Pizza.
3. Original site plan approvals for the development of the shopping center included a
review to ensure adequate public and emergency vehicle access, public services, and
utilities are provided to the entire shopping center. The tenant improvement plans have
been reviewed for compliance with applicable building and fire codes.
Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
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possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the establishment.
2. The eating and drinking establishment will serve the surrounding community in a
shopping center designed for such uses. The service of beer and wine is provided as a
public convenience and is not uncommon in establishments of this type. Additionally,
the service of alcohol will provide an economic opportunity for the property owner to
maintain a successful business that is compatible with the surrounding community.
3. All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service certification program.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -002, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Use Permit No. UP2003 -016 (PA2003 -102), which upon
vesting of the rights authorized by Minor Use Permit No. UP2013 -002 (PA2013 -013),
shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF MARCH, 2013.
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division Conditions
1. This approval supersedes Use Permit No. UP2003 -016 (PA2003 -102).
2. The development shall be in substantial conformance with the approved site plan, floor
plan(s) and building elevations dated with this date of approval. (Except as modified by
applicable conditions of approval.)
3. This minor use permit may be modified or revoked by the Zoning Administrator should
they determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so
as to constitute a public nuisance.
4. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, may require an amendment to this minor use
permit or the processing of a new use permit.
5. Minor Use Permit No. UP2013 -002 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Zoning Code, unless an extension is otherwise granted.
6. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
9. All employees shall park on -site.
10. The hours of operation for the restaurant shall be limited to the hours of 6:00 a.m. and
11:00 p.m., daily.
11. Alcohol service shall be limited to a Type 41 (On -Sale Beer and Wine) Alcoholic
Beverage Control License.
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12. The off -site delivery of alcoholic beverages is prohibited.
13. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
14. Bar counters for the service of alcoholic beverages shall be prohibited.
15. There shall be no dancing and /or live entertainment allowed on the premises.
16. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code regulations or any sign program applicable to the
property.
17. No outside loudspeaker or paging system shall be permitted in conjunction with the
proposed operation.
18. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
19. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Use Permit.
20. 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.
21. Trash generated by the establishment shall be adequately contained in sealed plastic
bags to control odors prior to placement in the trash dumpster.
22. 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.
23. 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
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (Water Quality).
24. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of beer and wine, include any form of on -site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
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and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of Johnny's Real New York Pizza MUP including, but not
limited to Minor Use Permit No. UP2013 -002 (PA2013 -013) and the determination that
the project is exempt under the requirements of the California Environmental Quality Act.
This indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with
such claim, action, causes of action, suit or proceeding whether incurred by applicant,
City, and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs
in enforcing the indemnification provisions set forth in this condition. The applicant shall
pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Building Division and Fire Department Conditions
26. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Division.
27. The construction plans must meet all applicable State Disabilities Access requirements.
28. Approval from the Orange County Health Department is required.
29. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Revenue Department Conditions
30. A valid business license from the City of Newport Beach with sellers permit shall be
required prior to start of business. Any contractors /subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
Police Department Conditions
31. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
32. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
33. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except
when served in conjunction with food ordered from the full service menu.
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34. The sale and consumption of alcoholic beverages shall be restricted to and within the
confines of the licensed premises and sales or delivery of alcoholic beverages through
any exterior pass -out window is prohibited
35. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
36. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
37. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
38. All owners, managers, and employees selling wine shall undergo and successfully
complete a certified training program in responsible methods and skills for selling beer
and wine. 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 retail store shall comply with the
requirements of this section 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.
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Attachment No. ZA 2
Vicinity Map
19
20
VICINITY MAP
Minor Use Permit No. UP2013 -002
IWEAMWO9 Ell 91
Johnny's Real New York Pizza
Bluff's Shopping Center
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Attachment No. ZA 3
Use Permit No. UP2003 -089
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a
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
Patricia L. Temple, Director
NOTICE OF FINAL APPROVAL
DATE: June 6, 2003
TO: MPA, Inc.
FROM: Planning Director
SUBJECT: Use Permit No. 2002 -020 (PA2003 -089)
Please be advised that Use Permit No. 2002 -020 (PA2003 -089) was approved by the Planning
Commission at its meeting of May 22, 2003, and became effective June 5, 2003. A copy of the
amended findings and conditions is enclosed, Any deviation from the applications and plans on
file in the Planning Department may require an amendment to the application(s) mentioned
above for the project.
Applicant: MPA, Inc.
Location: 1300 Bison Avenue
Description: Request for an amendment to Use Permit No. 2002 -020 to increase the number of
Use Permits for eating and drinking establishments that the Planning Director can
authorize from 7 to 10. Additionally, the applicant seeks to increase the total
area occupied by the establishments by 115 sq. ft. The request also includes the
potential sale of alcoholic beverages (beer and wine) for the 3 additional
establishments.
Should you have any questions, please contact our office at (949) 644 -3210.
Very truly yours,
PLANNING,DEPARTMENT
Patricia L. Temple, /D ector
By �lxru l/i
Executive Secretary Planning Commission
Enclosure: ❑ Approved Resolution with Findings and Conditions of Approval
❑ Approved Planning Commission minutes with Final Findings and Conditions of
Approval
cc: Property Owner (if not applicant)
G varin\PIanCommintceffipc.doc
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644-3200, Fax: (949) 644 -3229 - www.city newport-beach ca us
0 0
Conditions of Approval
Use Permit No. 2002 -020
Planning Commission Approval 05/22/2003
1) Prior to the issuance of a building permit for an individual use permit, the applicant will be
required to prepare a security plan to the satisfaction of the Police Department.
2) Individual use permits issued by the Planning Director shall be in substantial conformance
with this Use Permit. The location of the individual use permits should generally conform
to the locations depicted in the Lease Outline Drawing dated August 28 2002. Sae v#L'ese
XWO dated Febtuftr-y 19, 2002. t
3) Hours of operation shall be limited to between 6:00 am and midnight daily. Any increase
in the hours of operation shall be subject to the approval by the Planning Commission.
4) There shall be no live entertainment.
5) No outside loudspeakers, or paging system shall be allowed. Tenants with exclusive
outdoor dining areas may have speakers outside for background music. Music may be
provided between TOOAM and 10:OOPM. All outdoor music shall terminate at 10:00 pm.
Sound levels shall not exceed the decibel levels as outlined in the following table:
6) The principal purpose for the use permit is to permit eating and drinking establishments
with the sale or service of food and beverage, with sale and service of beer and wine
incidental to the food use during the specified restaurant hours of operation. The approval
will also allow the use of outdoor dining areas in conjunction with the restaurant for food
service. Beer and wine service within outdoor patio areas is permitted provided the
Department of Alcoholic Beverage Control authorizes it.
Amended by the Planning Commission on May 22, 2003
20
Between the hours of
7:00 am and 10:00 pm.
Between the hours of
10:00 pm and 7:00 am
in eriox exterior
interior exterior
Measured at the property
line of commercially zoned
N/A 65 dBA
N/A 60 dBA
property:
Measured at the property
line of residentially zoned
N/A 60 dBA
N/A 50 dBA
property:
Residential property:
45 dBA 55 dBA
40 dBA 50 dBA
6) The principal purpose for the use permit is to permit eating and drinking establishments
with the sale or service of food and beverage, with sale and service of beer and wine
incidental to the food use during the specified restaurant hours of operation. The approval
will also allow the use of outdoor dining areas in conjunction with the restaurant for food
service. Beer and wine service within outdoor patio areas is permitted provided the
Department of Alcoholic Beverage Control authorizes it.
Amended by the Planning Commission on May 22, 2003
20
0 0
7) Roof coverings over the outdoor dining areas shall not have the effect of creating a
permanent enclosure, unless a modification to this use permit is first approved by the
Planning Commission.
8) No temporary "sandwich signs," balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the food establishments, unless specifically permitted.
9) All employees shall park on -site.
10) All mechanical equipment shall be screened from view of adjacent properties and adjacent
public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the
Newport Beach Municipal Code, Community Noise Control.
11) Grease interceptors shall be installed on all fixtures in the restaurant where grease may be
introduced into the drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
12) Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
13) Trash receptacles for patrons shall be conveniently located both inside and outside of the
proposed facility, but shall not be located on or within any public property or right -of -way.
14) Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
15) The applicant shall maintain the trash dumpsters or receptacles so as to control odors,
which may include the provision of fully self - contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Department.
Cleaning and maintenance of trash dumpsters shall be done in compliance with the
provisions of Title 14, including all future amendments (Water Quality).
16) The operators of the food service uses shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by each use.
17) Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing company.
18) ' Dancing shall be prohibited, unless an amendment to this use permit is first approved by
the Planning Commission.
19) The Planning Commission may add to or modify conditions of approval to this use permit,
or recommend to the City Council the revocation of this use permit, upon a determination
27
0 0
that the operation which is the subject of this user permit causes injury, or is detrimental to
the health, safety, peace, morals, comfort or general welfare of the community.
20) Individual eating and drinking establishments shall be no larger than 5,000 square feet. The
total number of eating and drinking establishments authorized through this use permit shall
not exceed ten 10 seven —(7). The total square footage of all eating and drinking
establishments shall not exceed 19.809 4#,4M square feet (exclusive of outdoor dining
areas). Outdoor dining areas shall not exceed the amount authorized by Site Plan Review
No. 2001 -001. 2
21) Use Permit No. 2002 -020 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted. Exercising this Use Permit is considered the issuance of any
individual Use Permits by the Planning Director.
22) The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the Uniform Building Code including any local amendments. The construction
plans must meet all applicable State Disabilities Access requirements. Adequate access and
exiting must be approved by the Building Department, and approval from the Orange County
Health Department is required prior to permit issuance.
23) Bar counters for the service of alcoholic beverages shall be prohibited.
24) All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for selling
alcoholic beverages. The certified program must meet the standards of the California
Coordinating Council on Responsible Beverage Service or other certifying /licensing body
which the State may designate. The establishment shall comply with the requirements of this
condition within 180 days of the issuance of the certificate of occupancy. Records of each
owner's, manager's and employee's successful completion of the required certified training
program shall be maintained on the premises and shall be presented upon request by a
representative of the City of Newport Beach.
25) Approval does not permit any individual Use Permit to operate as a bar, tavern, cocktail
lounge or night club as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
26) No "happy hour" type of reduced price alcoholic beverage promotion is permitted extent
when served in conjunction with food ordered from the full service menu.3
Z Amended by the Planning Commission on May 22, 2003.
' Added by the Planning Commission on May 22, 2003.
22
•
27) There shall be no exterior advertising or signs of any kind or tie including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages Interior displays of alcoholic beverages or signs that ire clearly visible to the
exterior shall constitute a violation of this condition. 4
28) Any event or activity staged by an outside promoter or entity, where the applicant
operator owner or his employees or representatives share in any profits or pay any
percentage or commission to promoter or any othet person based upon money collected
as a _door charge cover charge or any other foma of admission charge.. including minunum
drink orders or sale of drinks is prohibited 4
29) The quarterly gross sales of alcoholic beverages in the approved restaurants shall not exceed
business Said records shall be kept no less frequently than on a quarterly basis and shall be
made available to the Department on demand 4
30) A Special Events Permit is required for any event or promotional activii:y outside the
normal operational characteristics of the approved use as conditioned or that would
attract large crowds. involve the sale of alcoholic beverages include any forni of on -site
media broadcast or any other activities as specified in the Newport Beach Municipal Code
to require such permits 4
31) The sale and consumption of alcoholic beverages shall be restricted to and within the
confines of the licensed prenuses and sales or delivery of alcoholic beverages through any
exterior pass -out window is prohibited 4
32) Delivery of alcoholic beverages shall be prohibited 4
4 Added by the Planning Commission on May 22, 2003.
29
so
Attachment No. ZA 4
Use Permit No. UP2003 -016
31
�2
June 20, 2003
0
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Carl's Jr. (John Tarlos, Tarlos 1 Associates)
17802 Mitchell N
Irvine, CA 92614
0
USE PERMIT NO. UP2003 -016
(PA2003 -102)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application: Use Permit No. UP2003 -016 (PA2003 -102)
Applicant: Carl's Jr. (John Tarlos, Tarlos 1 Associates)
Address of
Property Involved: 1320 Bison Avenue
Legal Description: Parcel B of Parcel Map No. 2001 -140
Request as Modified and Approved.
To establish an eating and drinking facility within the Bluffs Commercial Shopping Center. The new
shopping center is currently under construction at the corner of MacArthur Boulevard and Bison
Avenue. Adequate parking for the restaurant is planned. The establishment will occupy 1,505 square
feet of the 20,000 square feet authorized by UP2002 -020 (Amended). The operation of the facility does
not include the sale or service of alcoholic beverages. The facility will not provide any area for
exclusive outdoor dining. The property is located in the PC (Sub -area #5 of the Bonita Canyon Planned
Community) District.
Director's Action: Approved June 20, 2003
In approving the application, the Planning Director analyzed issues regarding compliance with the
approved use permit that established the limitation on the number or square footage of food use
facilities on the subject property and the Bonita Canyon Planned Community District regulations.
The detailed discussion can be found in the attached appendix. In consideration of those aspects, the
Planning Director determined in this case that the proposal would not be detrimental to persons,
property or improvements in the neighborhood. Additionally, the approved use permit would be
consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the
following findings:
33
June 20, 2003 • •
Page - 2
FINDINGS:
The proposed location of the eating and drinking establishments with beer and wine
sales, operated under the conditions of the attached approval, is consistent with the
General Plan and the purpose of the district in which the site is located. In addition,
the proposed location 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. It will not be detrimental to the properties, improvements
in the vicinity or to the general welfare o f the city for the following reasons:
• 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.
• The shopping center does not abut sensitive land uses and is separated from
other uses by roadways.
• Provided parking (481 spaces) exceeds required parking (469 spaces).
• The authorized uses are not bars, taverns, cocktail lounges, nightclubs or
establishments where live entertainment, recreational entertainment or dancing
is provided. The City has experienced land use conflicts, nuisance issues and
police issues with these types of uses in the past. Avoidance of these uses will
minimize potential land use conflicts, nuisances and policing issues.
2. The operational characteristics of the proposed use, including the hours of operation, are
consistent with Municipal Code requirements. Any change in the operational
characteristics, including a change in the hours of operation, would require an
amendment to the Use Permit reviewed by the Planning Commission.
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 includes over 32,000 square feet of eating and
drinking establishments. Therefore, EIR No. 156 adequately addresses the scope of
this Use Permit. Also, applicable mitigation measures from the Bonita Canyon EIR
were incorporated as project conditions of Site Plan Review No. 2001 -001.
CONDITIONS:
As approved by the Planning Director, the project shall be in substantial conformance with
the approved plot plan, floor plan, and elevations dated February 20, 2003.
2. Daily hours of operation shall be limited to between 6:00 a.m. and midnight. Any
increase in the hours of operation shall be subject to the approval by the Planning
Director. Any request for operating hours between midnight and 6:00 a.m. shall require
approval by the Planning Commission.
3. There shall be no live entertainment.
4. No outside loudspeakers or paging system shall be allowed. Tenants with exclusive
outdoor dining areas may have speakers outside for background music. Music may be
provided between 7:00 a.m. and 10:00 p.m. All outdoor music shall terminate at 10:00
p.m. Sound levels shall not exceed the decibel levels as outlined in the following table:
well
June 20, 2003
Page - 3
Between the hours of Between the hours of
7:00 am and 10:00 pni 10:00 pin and 7:00 am
interior exterior inferior exterior
Measured at the property line of
commercially zoned property: N/A 65 dBA N/A 60 dBA
Measured at the roperty line of
residentially zoned property: N/A 60 dBA NIA 50 dBA
45 dBA 55 dBA 40 dBA
5. The principal purpose for the use permit is to allow for a fast -food eating and drinking
establishment.
6. Unless specifically pennitted, no temporary "sandwich signs," balloons or similar
temporary signs shall be permitted, either on -site or off -site, to advertise the food
establishments.
7. All employees shall park on -site.
8. 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).
9. Unless approved by the Building and Public Works Departments, grease interceptors
shall be installed on all fixtures in the restaurant where grease may be introduced into the
drainage systems. If determined adequate by the Building and Utilities Departments, this
condition does not preclude the shared use of a common area grease interceptor device.
10. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
11. 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.
12. With the exception of the required trash container enclosure, storage outside of the
building in the front or at the rear of the property shall be prohibited.
13. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to
control odors. This 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 (including Water Quality
related requirements).
14. 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.
15. Should this business be sold or otherwise come under different ownership, the leasing
company, business owner or property owner shall notify any future owners or assignees
of the conditions of this approval.
35
June 20, 2003 • •
Page - 4
16. Dancing shall be prohibited, unless an amendment to this use permit is approved by the
Planning Commission.
17. The Planning Director or Planning Commission may add to or modify the conditions of
approval for this use permit. In addition, they may 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.
18. The proposed eating and drinking establishment will contain approximately 1,505 square
feet. Prior to issuance of building permits, a copy of the approved construction floor plan
shall be submitted and made a part of this use permit file to establish the approved gross
square footage of the tenant space. Any increase in the size of the restaurant after
construction shall require an amendment to this use permit.
19. Use Permit No. 2003 -016 shall expire if not 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.
20. 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.
Standard City Requirements:
A covered wash -out area for refuse containers and kitchen equipment with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be
provided. The area shall drain directly into the sewer system, unless otherwise approved
by the Building Director and Public Works Director in conjunction with the approval of
an alternative drainage plan.
2. The reciprocal arrangement for ingress, egress and parking that applies to the subject
property shall remain in effect for the duration of this food use.
3. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
4. Unless approved otherwise by the Planning Director, deliveries and refuse collection for
the facility shall be prohibited daily between the hours of 10:00 p.m. and 8:00 a.m., and
may require an amendment to this use permit.
5. All trash shall be stored within either the building, in dumpsters kept in a trash enclosure
(three walls and a gate), or otherwise screened from the view of neighboring properties.
The exception being when placed for pick -up by refuse collection agencies. The trash
dumpsters shall have a top which shall remain closed at all tirnes, except when being
loaded or while being collected by the refuse collection agency.
3C
June 20, 2003 • •
Page - 5
6. All signs shall conform to the provisions of the Bonita Canyon Planned Community
District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where
applicable.
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.
The decision of the Planning Director may be appealed by the applicant or any interested party to
the Planning Commission within 14 days of the date of the decision. A filing fee of $875.00 shall
accompany any appeal filed.
PATRICIA L. TEMPLE, Planning Director
By
Ja er S. Garcia, AICP
Senior Planner
Attachments: Appendix
Vicinity Map
Detail Seating Plan
Site Plan and Floor Plan
Existing Parking Plan
FAUSERS \PLN \Shared \PA's \PAS - 2003 \PA2003 - 102 \UP2003- 016.APPRdoc
cc:
property owner
The Irvine Company
567 San Nicolas Drive, Suite 208
Newport Beach, CA 92660
Code Enforcement Officer
June 20, 2003 •
Page - 6
APPENDIX
Compliance with Use Permit 2002 -020
n
U
The proposed facility is one of a number of fast food restaurant facilities that has been approved
for the subject shopping center. Use Permit 2002 -020 allows up to 20,000 square feet of
restaurant use within the shopping center property. The proposed 1,505 square foot area is
located in Suite 300 H of the project site. Staff has reviewed the use permit application and has
determined that the facility, as proposed, complies with the limitations and general requirements
of Use Permit 2002 -020.
Restroom Facilities
The proposed facility provides adequate public sanitation facilities. Any increase in the interior
seating may require increase in the number of fixtures as required by the Newport Beach Municipal
Code and in compliance with the provisions of the Health Code (Orange County). The applicant or
restaurant manager /owner should verify the requirements with the Building Department prior to the
increase of patron seating.
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
development, 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
�g
REQUIREMENT
Site:
Site shall be of sufficient sin and configuration to satisfy
Complies. The site is 8.87 acres and has been found adequate
all requirements far oft - street parking, setbacks, curb cuts,
for the construction of a 52,000 square fool 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 7/19Y2001
Setbacks:
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 the minimum of a 25 -foot setback
protection of the public health, safety or welfare or to
from all property lines. The site is also separated from nearby
insure the compatibility of uses on contiguous properties.
uses by MacArthur Blvd. and Bison Avenue. More restrictive
setbacks are not necessary in staffs opinion.
Off-- 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 exceeds 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 accords= with the Bonita
Canyon PC Text.
�g
June 20, 2003 • •
Page - 7
Fast Food Parking Requirement
In accordance with the provisions of the Bonita Canyon Planned Community District Regulations,
parking for a restaurant use in the subject shopping center is based on one parking space for each
100 square feet of gross floor area. The subject facility with 1,505 square feet interior space
requires 15.0 parking spaces.
The applicant has not included any exclusive outdoor dining area. Therefore, no additional parking
is necessary for the project.
Staff has determined that the proposed use and the peak parking demand of the shopping center has
been adequately addressed by the Environmental Document that was approved for the subject
shopping center. Therefore, based on the district regulations and the parking characteristics of the
use, adequate parking is provided on -site to serve all uses in the center.
39
.R& UIREMENT
.. ...'SRO ,;i.:cs�ri,•x�i.in,.. .
Circuiadon:
Parking areas and driveways to facilitate traffic and
Compiles. The traffic circulation has been reviewed by the
circulation of vehicles on and around the facility and to
City Traffic Engineer in conjunction with the approval of the
Provide adequate sight clearances.
original construction of the site.
Walls:
A solid rnasonry wall 6 feet high shall be erected on all
Waiver. The site has no interior lot lines as MacArthur Blvd.,
interior property lines of the subject property. Walls three
Bison Ave. and the San Joaquin Hills Transportation Corridor
feet in height shall be erected between the on -site parking
bound the site. It is proposed that by using landscape and
areas and the public right -o& -way.
earth betas, as opposed to walls, screening of parking areas
will be accomplished. Staff recommends waiving the three -
foot high wall regurnrinent.
Landscaping
100/6 of entire site, three -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 three -foot wide landscape area adjacent to the
landscaped with the trojority of the landscaping in a wildlife
interiorproperty lines shall be provided.
mitigation area to the northeast of We center abutting the San
Joaquin Transportation Corridor. landscaping within the
developed area exceeds Ili% although (be 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
landscape strip along both street frontages.
Lighting:
Parking lot and site illumination height and intensity to
Complies The proposed lighting plan was reviewed and
minimize the reflection of lights to the streets" and
approved with Site Plan Review No. 2001-001. No additional
neighboring properties.
lighting is proposed to 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
Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of supplies is permitted.
Refuse Stomge
Refuse storage outside of a building shall be hidden from
Complies. Trash storage areas are located within three
view by a solid masonry wall six feel in height with self-
enclosed service areas located at the rear of the proposed
locking gates.
shopping center. Additional storage is acconenodated within
the proposed buildings to accommodate the proposed
restaurants
Fast Food Parking Requirement
In accordance with the provisions of the Bonita Canyon Planned Community District Regulations,
parking for a restaurant use in the subject shopping center is based on one parking space for each
100 square feet of gross floor area. The subject facility with 1,505 square feet interior space
requires 15.0 parking spaces.
The applicant has not included any exclusive outdoor dining area. Therefore, no additional parking
is necessary for the project.
Staff has determined that the proposed use and the peak parking demand of the shopping center has
been adequately addressed by the Environmental Document that was approved for the subject
shopping center. Therefore, based on the district regulations and the parking characteristics of the
use, adequate parking is provided on -site to serve all uses in the center.
39
VICINITY MA
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Use Permit UP2003 -016
(PA2003 -102)
1320 Bison Avenue
40
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42
Attachment No. ZA 5
Police Department Recommendation,
statistics, RD Map
4�
44
City of Newport Beach
Police Department
Memorandum
February 6, 2013
TO: Gregg Ramirez, Senior Planner
FROM: Detective Randy Parker
SUBJECT: Johnny's Real New York Pizza Restaurant, 1320 Bison Avenue,
Use Permit No. UP2013 -002 (PA2013 -013).
At your request, the Police Department has reviewed the project application for
Johnny's Real New York Pizza, located at 1320 Bison Avenue, Newport Beach.
Per the project description, the applicant is requesting a minor use permit for the
on -site sale and consumption of alcoholic beverages (ABC License Type 41 -On-
Sale Beer and Wine) to a restaurant use previously approved by Use Permit No.
2003 -016. A•tenant improvement permit has been issued (Plan Check No. 2340-
2012). The tenant space is 1489 square feet and seating for 36, is proposed.
Proposed hours of operation are 11:00 a.m. to 10:00.p.m. Sunday thru Thursday
and 11:00 a.m. to 11:00 p.m. Friday and Saturday. Planning staff is considering
recommending an earlier opening hour and possibly an 11:00 p.m. closing hour
seven days a week to provide flexibility for this tenant and potential future
tenants. The tenant space was previously occupied by Freshi and Carl's Jr.
The applicant will apply for a Type 41 (On -Sale Beer and Wine) license with the
Department of Alcoholic Beverage Control. The license will be conditioned
appropriately to protect the health, safety and welfare of the community.
I have included a report by Crime Analyst Caroline Staub that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this new location is within an area
where the number of crimes is at least 49% lower than the average of all
reporting districts in the City. Additionally, this location is also within an RD that is
over the Orange County per capita of ABC licenses.
Applicant History
Johnny's Real New York Pizza was established in 2011 in Corona Del Mar. The
concept of owner John Younesi, a former New York resident who now resides in
Newport Beach, is to bring true New York style pizza to Orange County. The
owner, John Younesi currently owns and operates one other Johnny's Real New
York Pizza located at 3756 E. Coast Highway in Corona Del Mar.
45
Johnny's Real New York Pizza
UP2013 -002
Recommendations
The Police Department has no objection to the operation as described by the
applicant.
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Hours of Operation
The proposed hours of operation are from 11:00 a.m. to 10:00 p.m. Sunday thru
Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday.
Security
The Police Department has no recommendations.
Employee Training
Require all owners, managers, and employees 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
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit 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, events for which an admission
fee is charged, events that include any form of contract promoters, or any other
activities as specified in the Newport Beach Municipal Code to require such
permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Johnny's Real New York Pizza 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. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
2
WE
Jolumy's Real New York Pizza
UP2013 -002
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. No "happy hour" type of reduced price alcoholic beverage promotion
shall be allowed except when offered in conjunction with food ordered
from the full service menu. There shall be no reduced price alcoholic
beverage promotions after 9:00 p.m.
5. Petitioner shall not share any profits or pay any percentage or
commission to a promoter or any other person based upon monies
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
times maintain records, which reflect separately the gross sales of food
and the gross sales of alcoholic beverages of the licensed business.
These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on
demand.
7. There shall be no on -site radio, television, video, film or other
electronic media broadcasts, including recordings to be broadcasted at
a later time, which include the service of alcoholic beverages, without
first obtaining an approved special event permit issued by the City of
Newport Beach.
8. There shall be no live entertainment allowed on the premises.
9. There shall be no dancing allowed on the premises.
10. Strict adherence to maximum occupancy limits is required.
11. No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact Detective Randy Parker at (949) 644 -
3706.
4
Randy Parker, ABC /Vice /Intelligence
Detective Division
Dale Johnson, Captain
Detective Division Commander
3
47
Owl NEWPORT BEACH POLICE DEPARTMENT
� Of sA
Chief ay R. Johnson 870 Santa Barbara Drive - Newport Beach - CA 92660 949 644 -3791 °'uea• +�'
CRIME AND ALCOHOL-RELATED STATISTICS - 2012
Bison
Summary for Johnny's Real New York Pizza at 1320 Bison Avenue (RD54)
In 2012, RD54 had a total of 78 reported crimes, compared to a city -wide reporting district average of 152 reported crimes.
This reporting district is -74 crimes, or -49 %, UNDER the city -wide average.
The number of active ABC licenses in this RD is 8, which equals a per capita ratio of one license for every 643 residents.
Orange County averages one license for every 504 residents and California averages one license for every 836 residents.
This location is within an RD that is UNDER the Orange County and OVER the California per capita averages of ABC licenses
Notes:
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault Burglary, Larceny - Theft, Auto Theft, and Arson.
This report reflects City of Newport Beach data far calendar year 2012, which is the most current data available.
California and National figures are based on the 2011 Uniform Crime Report which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 2/7/2013
42
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568
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20
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82
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1,289.31
61
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3,585
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1,1837
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not available
10,266,737
notavailable
3,294.93
12,408,899
1,215,077
534,218
500,648
not available
not applicable
not applicable
Summary for Johnny's Real New York Pizza at 1320 Bison Avenue (RD54)
In 2012, RD54 had a total of 78 reported crimes, compared to a city -wide reporting district average of 152 reported crimes.
This reporting district is -74 crimes, or -49 %, UNDER the city -wide average.
The number of active ABC licenses in this RD is 8, which equals a per capita ratio of one license for every 643 residents.
Orange County averages one license for every 504 residents and California averages one license for every 836 residents.
This location is within an RD that is UNDER the Orange County and OVER the California per capita averages of ABC licenses
Notes:
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault Burglary, Larceny - Theft, Auto Theft, and Arson.
This report reflects City of Newport Beach data far calendar year 2012, which is the most current data available.
California and National figures are based on the 2011 Uniform Crime Report which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 2/7/2013
42
Burglary/Theft From Motor Vehicle
Burglary /Theft From Motor Vehicle
Additional Information
Burglary /Theft From Motor Vehicle
Burglary /Theft From Motor Vehicle
415
488R
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Attachment No. ZA 6
Lease Outline Drawing - Restaurant
Locations
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54
Attachment No. ZA 7
Applicant's Project Description and
Project Plans
155
150
APPLICANT:
Johnny' Real New York Pizza - The Bluffs, LLC. dba "Johnny's
South:
Real New York Pizza"
REQUEST:
Approval of Minor Use Permit Permitting a Type 41 On -Sale Beer
West:
& Wine Eating Place alcoholic beverage license (beer & wine) in
Conjunction With The Operation of a Restaurant.
PROPOSED USE:
Restaurant With On -Sale Service of Beer and Wine
ADDRESS:
1320 Bison Avenue, Newport Beach (The Bluffs Center), CA
92660
PROJECT NARRATIVE
The proposed project is for the approval of a Type 41 On -Sale Beer & Wine Eating Place
alcoholic beverage license (beer and wine) privileges for a new restaurant to be located
within the existing Bluffs shopping center. Johnny's Real New York Pizza, ( "Johnny's ")
is opening a second location. The first being located on Coast Highway in Corona del
Mar. The proposed use is for a bona fide restaurant with the sale of beer and wine.
Johnny's is a quick casual family restaurant serving authentic New York style pizza and
pasta along with other Italian inspired entrees, fresh salads and sides. The project site
was previously used as "Freshii" a restaurant that did not serve alcoholic beverages.
This request is to permit the sale of beer and wine for on -sale consumption in conjunction
with the operations of the restaurant. Service of beer and wine is made for the
convenience of patrons dining at the restaurant. Any exterior improvements or changes,
such as signage., will be consistent with City and Bluff Center requirements.
The subject property is located within The Bluffs Shopping Center, a large master
plamied shopping center. The site is bounded by other commercial, residential and office
uses. The proposed restaurant will serve the local residents of the surrounding
community and patrons of the shopping center.
The proposed restaurant will have a total area of approximately 1,498 square feet. There
are 36 seats. No exclusive patio is attached to the subject premise. The proposed
restaurant will be open seven (7) days a week. The proposed hours of operation are
Sunday through Thursday 11:00 AM to 10:00 PM and Friday and Saturday 11:00 AM to
11:00 PM.
The project will employ approximately 5 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
73 Freeway.
South:
Residential,
East:
Office across the 73 Freeway.
West:
Commercial.
PA2013 -013 for UP2013 -002
1320 Bison Avenue
Johnny's Real New York Pizza —The Bluffs, LLC
57
APPLICANT:
Johnny' Real New York Pizza - The Bluffs, LLC. dba "Johnny's
Real New York Pizza"
REQUEST:
Approval of Minor Use Permit Permitting a Type 41 On -Sale Beer
& Wine Eating Place alcoholic beverage license (beer & wine) in
Conjunction With The Operation of a Restaurant.
PROPOSED USE:
Restaurant With On -Sale Service of Beer and Wine
ADDRESS:
1320 Bison Avenue, Newport Beach (The Bluffs Center), CA
92660
USE PERMIT APPLICATION JUSTIFICATION
The proposed project is for the approval of a Type 41 On -Sale Beer & Wine Eating Place
alcoholic beverage license (beer and wine) privileges for a new restaurant to be located
within the existing Bluff shopping center. The propose use is for a "Johnny's" restaurant.
Johnny's is a quick casual family restaurant serving authentic New York style pizza and
pasta along with other Italian inspired entrees, fresh salads and sides. The project site
was previously used as a retail shop. The applicant proposes obtaining from the
California Department of Alcoholic Beverage Control with a Type 41 On -Sale Beer &
Wine Eating Place alcoholic beverage license. The proposed request meets the
requirements set forth in the City of Newport Beach Municipal Code.
BURDEN OF PROOF:
1. The use is consistent with the General Plan and any applicable specific
plan;
Response: The proposed use as a restaurant with beer and wine is consistent
with the Newport Beach General Plan and provisions of the Municipal Code
for the location.
2. The use is allowed within the applicable zoning district and complies with
all other applicable provisions of this Zoning Code and the Municipal
Code;
Response: The proposed use as a restaurant with beer and wine is permitted
in the zoning district and is subject to the all the regulations, conditions,
policies or other requirements of the Municipal Code.
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
Response: The proposed use is not inconsistent with the adjacent uses and
will not materially affect the surrounding community or environment. The
proposed project is ideally suited for the Bluff Shopping Center and is not
located near any residences. The approval of the request that serves the local
community and tourism, will not adversely affect the public's health, safety,
welfare nor will it jeopardize or endanger the public. It will not be
detrimental to the use, valuation or enjoyment of surrounding property
owners or residents.
PA2013 -013 forIJP2013 -002
1320 Bison Avenue g
Johnny's Real New York Pizza — The Bluffs. LLC�
4. The site is physically suitable in terms of design, location, shape, size,
operating characteristics, and the provision of public and emergency
vehicle (e.g., fire and medical) access and public services and utilities;
and
Response: The proposed site, an existing shopping center, is not inconsistent
with the adjacent uses and will not materially affect the surrounding
community or environment. The proposed site is ideally suited for the
Fashion Island Shopping Center and is not located near any residences. The
approval of the request that serves the local community and tourism, will not
adversely affect the public's health, safety, welfare nor will it jeopardize or
endanger the public. It will not be detrimental to the use, valuation or
enjoyment of surrounding property owners or residents.
5. Operation of the use at the location proposed would not be detrimental to
the harmonious and orderly growth of the City, nor endanger,
jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working
in the neighborhood of the proposed use.
Response: The proposed use will contribute to the economic growth of the
City as it will serve the local community and tourism. The proposed project
will not adversely affect the public's health, safety, welfare nor will it
jeopardize or endanger the public. It will not be detrimental to the use,
valuation or enjoyment of surrounding property owners or residents.
159
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12 -31 -2012
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PLAN CHECK CORR.
01 -08 -2013
Sheet
A1.1
01
ADDITIONAL
MATERIALS
RECEIVED
Items B, 1, 2, 3 and 4: Additional Materials
Zoning Administrator March 14, 2013
Comments on March 14, 2013 Zoning Administrator agenda - Jim Mosher Page 2 of 3
Item C.2. Johnny's Real New York Pizza (PA2013 -013)
Handwritten page 9: It is unclear to me from the materials presented if the reference to "1320 Bison
Avenue" in the title and Section 1.1 of the draft resolution adequate to identify the intended tenant
space. Does each have a separate address? I suspect "Parcel 1 of Parcel Map 326 -46' comprises a
larger area.
Handwritten page 11, Finding A.v: The Zoning Code suggests this finding applies only to requests for
an amendment of an existing alcohol - related permit, which would not seem to be the case here.
Handwritten page 12:
• Fact C.1: "...a mix of restaurants, and retail service uses. Johnny's Real New York Pizza..."
• Fact C.2: I'm not sure approving more generous operating hours than those requested to
provide flexibility to future tenants is desirable, since we don't know what the characteristics of
those future tenants might be.
Handwritten page 15:
Condition 16: Is there a wish to prohibit signs visible from outside advertising alcohol sales? Is
this condition sufficient to accomplish that (i.e., is that already part of the Sign Standards)?
Handwritten page 16:
• Condition 31: "...under the control of the fir -any licensee." ( ?)
• Condition 33: Was this intended to include the Police Department's recommendation of no
reduced -price alcohol sales after 9 pm? It is also unclear to me how this condition is supposed
to operate in connection with Condition 24 on handwritten page 15. Is a Special Event permit
needed for promotions involving alcohol, even if they are within the normal operational
characteristics and allowed by conditions?
Regarding the Police Recommendation (Attachment ZA 5):
On handwritten page 45, the Police acknowledge the Planning Division may recommend longer
operating hours than those requested by the applicant, but it would not appear from handwritten
page 46 that it is the applicant's hours they have evaluated and are commenting on. It is not
clear to me they concur with or endorse the Planning Division's recommendation..
C.3. Westcliff Court Tea Room (PA2013 -004)
Handwritten pa ection 2.1: The phrasing of the reference to "Section 15301 of the California
Environmental Quality Ac bled. It is a section of the Implementing Guidelines in the California
Code of Regulations, not of the CEQ .
Handwritten page 7, Section CA: "... it is located less tf�r � feet s€ a from residential district
districts directly to the north and south ..."
Handwritten page 13, Condition 13: 1 don't believe all the dumpsters in Westcliff
gated enclosures. I don't know if the ones for this property are or aren't.