HomeMy WebLinkAbout2009-66 - Chronic TacosRESOLUTION NO. 2009 -66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING
AND AFFIRMS THE DECISION OF THE PLANNING
COMMISSION TO DISSAPROVE USE PERMIT NO. UP2009 -012
FOR AN EATING AND DRINKING ESTABLISHMENT WITH A
TYPE 41 (ON -SALE BEER AND WINE) ALCOHOL BEVERAGE
CONTROL (ABC) LICENSE AND DISAPPROVING USE PERMIT
NO. 2009 -020 FOR A PARKING WAIVER (PA 2009 -050) FOR A
PROPERTY LOCATED AT 4525 WEST COAST HIGHWAY.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
An application was filed by Dan Biello, with respect to property located at 4525 West
Coast Highway, and legally described as a portion of a Banning Ranch Tract No. 6385 of
a record of survey map book 27, page 47 and a portion of Parcel Map 207 -1 as recorded
within the County of Orange, at the County Recorders office within the State of California
requesting approval of a use permit.
2. The applicant proposed a change in land use from a take -out service, limited eating
and drinking establishment to a full - service, high turnover eating and drinking
establishment. The proposed changes in operational characteristics include:
An increase in net public area' from 100 to 1,065 square feet (660 to 2,160 gross
square feet);
The introduction of alcoholic beverage service with a Type 41 (On -Sale Beer and
Wine) Alcoholic Beverage Control (ABC) license;
Proposed hours of operation of 7:00 a.m. to 12:00 a.m. (take -out section) and 7:00
a.m. to 10:00 p.m. (dining section).
The application also includes a request for a parking waiver as the proposed use
requires 18 parking spaces more than the previous retail shop tenant.
3. The subject property is located within the Retail Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Neighborhood Commercial
(CN).
4. A public hearing was held on September 22, 2009 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
' Net Public Area — The total area used to serve customers, including, but not limited to, customer sales and
display area, customer seating areas, service counters, and service queue and waiting areas, but excluding
restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the
establishment.
Code. Evidence, both written and oral, was presented to, and considered by, the City
Council at this meeting.
5. On June 18, 2009, the Planning Commission disapproved the use permit applications
with the following findings pursuant to Chapter 20.89 (Alcoholic Beverage Outlets) and
Chapter 20.66 (Off - Street Parking and Loading Regulations) of Newport Beach
Municipal Code (NBMC):
Public convenience or necessity would not be served as five of the 12 tenants
spaces in the neighborhood commercial center are already alcoholic beverage
outlets. (NBMC Section 20.89.030.B.1)
During the 2008 calendar year, there were 6,637 crimes reported citywide.
Reporting District No. 16, which includes the project site, had a total of 329
reported crimes as compared to the citywide average for reporting districts of 178
reported crimes. This equates to 151 crimes more, or 84.83 percent above the
citywide reporting district average. (NBMC Section 20.89.030.B.2).
The parking study conducted in April 2009 provided parking counts in 30- minute
intervals that showed there was sufficient available parking on site for the
expansion; however, the Planning Commission determined that the parking study
did not include sufficient information regarding the site characteristics to make the
findings required by Section 20.66.100 of the NBMC.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport
Beach hereby denies the appeal and upholds and affirms the decision of the Planning
Commission to disapprove Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020.
This resolution shall take effect immediately upon
Council of Newport Beach at a regular meeting heJF
ATTEST:
kkm 0 �"WIlk—
CITY CLERK
and adopted by the City
22, 2009.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -66 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of
September, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of September, 2009.
C W � Q �� -
City Clerk
Newport Beach, California
(Seal)