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HomeMy WebLinkAbout2.0 - Avila's El Ranchito Outdoor Dining - PA2016-080 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 9, 2016 Agenda Item No. 2 SUBJECT: Avila's EI Ranchito Outdoor Dining (PA2016-080) 2515 East Coast Highway Use Permit 2016-019 APPLICANT: Sergio Avila OWNER: John Poole Radio PLANNER: Brenda Wisneski, AICP, Deputy Community Development Director 949-644-3297 bwisneski@newportbeachca.gov PROJECT SUMMARY Request to establish outdoor dining at an existing restaurant. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2016-019 (Attachment No. PC 1). 1 V� QP �P Avila's EI Ranchito Outdoor Dining Planning Commission, June 9, 2016 Page 2 VICINITY MAP 02 ^ 2A AAS> s see�'v •.. � ,>> � no 8 > l0 I ! 4 S 96)y � �l. � pJ .25151 • 6, s SSS '11106-166':11 i )A l3 i >i � P Tic r 12 .. PI sp co ,. C26�Qry 6OS O� Pe?P sJp ,2620 r o 4 .lil P.k GENERAL PLAN ZONING b ' ,p ewe 4 r qs � Y 4p • "' e'� E' > Al lop h SW W. XT 4� LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial Commercial Corridor Restaurant NORTH Corridor Commercial Commercial Corridor Take Out SOUTH Corridor Commercial Commercial Corridor Personal Service EAST Corridor Commercial Commercial Corridor Service Station WEST Corridor Commercial Commercial Corridor Personal Service 3 Avila's EI Ranchito Outdoor Dining Planning Commission, June 9, 2016 Page 3 INTRODUCTION Project Setting The property is currently occupied by a two-story, multi-tenant commercial building and eighteen surface parking spaces with access from Carnation Avenue. The subject restaurant is located on the southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. To the north, across East Coast Highway is a Chevron Service Station; to the east retail uses located within a two-story commercial building with a mixture of retail and a full-service beauty salon; to the south is a two-story commercial building; and to the west, across Carnation Avenue, are Golden Spoon Yogurt, the Bungalow Restaurant and other retail uses in a two-story commercial building. Behind the subject property is the off-street parking lot shared with the two-story commercial building located next door to the east. The parking lot is shared on a first- come, first-served basis by all on site uses. Across Fourth Avenue to the south, is Old School Park, and a municipal parking lot to the southeast with 29 metered spaces. The roadway adjacent to the project area recently underwent a beautification effort which included widening the sidewalk, installation of benches and landscaping. The wider sidewalk accommodates the proposed dining area. The City Council is scheduled to consider the subject encroachment on June 14, 2016. Project Description The outdoor dining area is proposed to be approximately 460 square feet in size and include a combination of 2- and 4-top table seating. The area would be enclosed with a bronze wrought iron fence, measuring 42-inches in height. Plants and umbrellas may accent the area. Patrons would walk through the outdoor area to access the restaurant. The site photos and project plans are provided as Attachment PC 3. Pursuant to Section 20.54.070 of the Zoning Code, the proposed outdoor dining area is a considered a change in the operational characteristics of the restaurant requiring an amendment to the Use Permit. In addition, because the existing operation includes late hours (after 11:00 p.m.) an operator's license issued by the Police Chief will be required. Background Public records indicate the restaurant has been established since 1963. Today it offers 2,099 square feet of net public area. Its current operations include the sale of on-site alcohol (Type 47), limited live entertainment (single unamplified piano and one microphone to amplify a single human voice), off-site parking, as well as a parking waiver. Dancing is not permitted. The existing restaurant operates Sunday to Thursday from 10 a.m. to midnight and Friday and Saturday from 10 a.m. to 12:30 a.m. 4 Avila's EI Ranchito Outdoor Dining Planning Commission, June 9, 2016 Page 4 Additional background is provided in the staff report and resolution for Use Permit UP 2010-025, provided as Attachment PC 2. DISCUSSION Analysis Outdoor dining is conditionally permitted within the subject area. Parking is required for outdoor areas which exceed 25 percent of the interior net public area. The subject restaurant offers 2,099 square feet in net public area, which allows for 525 square feet of outdoor dining area without providing additional parking. General Plan, Local Coastal Plan and Zoning Code The General Plan seeks to sustain Corona del Mar as a pedestrian-oriented retail village that serves the surrounding neighborhood. The establishment of outdoor dining areas contributes to the ambiance of the neighborhood by creating activity on the street. The establishment of visitor serving uses is also stated in the Local Coastal Plan. The outdoor dining area is of appropriate scale to not generate the need for additional parking. Therefore, the proposed project is consistent with the General Plan, Local Coastal Plan and Zoning Code. Conditional Use Permit A conditional use permit is required on the basis that establishment of outdoor dining is a change to the operation characteristics of the restaurant. Internal operations are addressed by Use Permit UP2010-025, therefore the scope of the subject use permit is to assess the operational characteristics of the outdoor dining area and its effects on the surrounding neighborhood. The outdoor dining area would be located along the front of the restaurant fronting East Coast Highway. Residential uses are located along Carnation Avenue, approximately 100 feet from the proposed seating area. However, potential noise impacts will be minimal since the subject building separates the residential uses from the seating area. In addition, the noise generated from travel along Coast Highway will likely be greater than dining patrons. Conditions of approval have been included prohibiting outdoor music and limiting hours of the outdoor dining area to 10:00 p.m. The proposed dining area maintains a sidewalk width of up to 8-feet. Areas with obstructions, such as vents or electric boxes, or street lights, are reduced to 6-feet. The proposed sidewalk width has been reviewed by Public Works staff. The encroachment agreement for the dining area will be considered by the City Council on June 14, 2016. Summary Avila's EI Ranchito Outdoor Dining Planning Commission, June 9, 2016 Page 5 Establishment of the outdoor dining area would contribute to the pedestrian environment of Corona del Mar. The location and hours of operation would limit potential impacts to surrounding areas. Staff recommends approval of the use permit per the conditions of approval provided in the attached draft resolution (Attachment PC 1). Alternatives If the Planning Commission concludes that there are not sufficient facts to support findings for approval of the outdoor dining area, the Planning Commission shall state said facts and direct staff to prepare a resolution for denial, with findings and conditions. Environmental Review The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2515 East Coast Highway. Public Notice Notice of this hearing 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 before the scheduled meeting, 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. Prepared/Submitted by: *na i, r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions Avila's EI Ranchito Outdoor Dining Planning Commission, June 9, 2016 Page 6 PC 2 Use Permit UP 2010-025 - staff report and resolution PC 3 Site Photos and Project Plans 05/26/16 V� QP �P g Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-019 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT (AVILA'S EL RANCHITO) AT 2515 EAST COAST HIGHWAY (PA2016-080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sergio Avila, with respect to property located at 2515 East Coast Highway, and legally described as Tract 470 Lot 1 Blk C Portion of Lot, including an abandoned portion of Carnation, and portions of Lots 2/3 Block C requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 461 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. The proposed area would be located within the public right-of-way. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On October 21, 2010, the Planning Commission approved an amendment to Use Permit UP2010-025 to expand the restaurant and its operating hours and require valet service on an as-needed basis. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit UP2010-025, as amended, and related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new 11 Planning Commission Resolution No. #### Page 2 of 7 development or change the current use of the property located at 2515 East Coast Highway. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings 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 subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 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 subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 461 square feet in size which does not require additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. 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 Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 07-22-2014 12 Planning Commission Resolution No. Ott Page 3 of 7 2. The subject dining area is limited to 461 square feet and extends 6-feet from the building edge. The sidewalk would be maintained between six- and eight-feet which is adequate to accommodate pedestrian passage. 3. The existing restaurant opens at 10 a.m. daily and closed at midnight on Sunday thru Thursday and 12:30 a.m. on Friday and Saturday. The internal operations of the restaurant would not be modified and would continue to be conditioned by Use Permit 2010-025. 4. The project has been conditioned the allow the outdoor dining area to open at 10 a.m. and close at 10 p.m. 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. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 461 square foot eating area and do not encroach into the roadway. Finding: E. 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. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Carnation Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 07-22-2014 13 Planning Commission Resolution No. #### Page 4 of 7 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Use Permit UP2016-019, 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 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 91h DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 Planning Commission Resolution No. Ott Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-019 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Should the property 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 agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 15 Planning Commission Resolution No. Ott Page 6 of 7 11. 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. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. 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, 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 the Avila's Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-019. 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. 14. The hours of the outdoor dining area shall be from 10 a.m. to 10 p.m., daily. Police Department 15. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. Building Division 16. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 17. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 07-22-2014 10 Planning Commission Resolution No. #fft Page 7 of 7 18. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 19. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 20. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 2� V� QP �P sg Attachment No. PC 2 Use Permit UP 2010-025 — Staff Report and Resolution 19 V� QP �P �o PA2010-121 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 21, 2010 Hearing Agenda Item 3 SUBJECT: EI Ranchito Restaurant Expansion - (PA2010-121) 2515 East Coast Highway ■ Use Permit No. UP2010-025 APPLICANT: EI Ranchito Restaurant PLANNER: Javier S. Garcia, Senior Planner (949) 644-3206 jgarcia@newportbeachca.gov PROJECT SUMMARY An amendment to Use Permit 3072 (formerly Use Permit 1417), which established the existing full service restaurant with alcoholic beverage service. The following changes to the operational characteristics are proposed: 1) to expand the restaurant into the neighboring vacant tenant space to accommodate new restroom facilities (404 sq ft); an employee service hallway (70 sq ft) and a take-out counter with customer waiting and retail area (566 sq ft); 2) to increase the opening hours on Saturdays and Sundays to 9 a.m. (two, and one and one half hours earlier, respectively); and Monday through Friday to 10 a.m. (one hour earlier). The closing hours will not be altered and are currently Midnight Sunday to Thursday nights; and 2 a.m. on Friday and Saturday nights; and 3) to change conditions of approval that require valet parking during evening hours, to allow the use of valet parking services on an as-needed basis (to accommodate special events and holiday peak use); and 4) restatement of conditions of approval regarding the existing waiver of a portion of the parking requirement. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2010-025 (Attachment No. PC 1), subject to the attached Findings and Conditions. - �1 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 2 VICINITY MAP f�lJ a� r,. •�' `P e2� c +Q qout ',). �`', � 00 1 ZUA 5X GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CC-Commercial Corridor RSC (Retail and Service Restaurant, retail and office uses Commercial NORTH CC-Commercial Corridor RSC (Retail and Service Restaurant, retail and office uses Commercial SOUTH CC- Commercial Corridor RSC (Retail and Service IFRetail and office uses; Sherman Commercial) Gardens across Dahlia Ave EAST CC- Commercial Corridor RSC (Retail and Service Service Station and other Retail Commercial) and office uses RSC (Retail and Service Retail and office uses; and City WEST CC-Commercial Corridor Commercial) Park and Municipal Parking Lot across Fourth Avenue 22 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 3 INTRODUCTION Project Setting The subject property is comprised of multiple lots and a portion of an abandoned public right-of-way (Carnation Avenue). The property is currently occupied by a two-story, multi-tenant commercial building and eighteen surface parking spaces with access from Carnation Avenue. A portion of the ground floor is vacant and other portions are occupied by a full service salon and other retail service providers. The subject restaurant is located on the southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. To the north, across East Coast Highway is a Chevron Service Station; to the east retail uses located within a two-story commercial building with a mixture of retail and a full-service beauty salon; to the south is a two- story commercial building; and to the west, across Carnation Avenue, are Golden Spoon yogurt, the Bungalow Restaurant and other retail uses in a two-story commercial building. Behind the subject restaurant is the off-street parking lot shared with the two-story commercial building located next door to the east. The parking lot is shared on a first- come, first-served basis by all on site uses. Across Fourth Avenue to the south, is Old School Park and a municipal parkinglot to the southeast with 29 metered spaces. p p Background Although the actual date of construction of the subject building is unknown, the Building Department records indicate that a restaurant facility has been established on the subject property since 1963. At that time, a restaurant was permitted on the property without a use permit and there were no specific parking requirements associated with such use. On March 21 , 1968, the Planning Commission approved Use Permit No. 1346 authorizing the sale of beer and wine in conjunction with the existing restaurant. On December 5, 1968, the Planning Commission approved Use Permit No. 1417 authorizing a change in operational characteristics to allow on-sale liquor and dancing entertainment (Patron dancing was not authorized). On November 10, 1983, the Planning Commission approved Use Permit No. 3072 (Assigned a new use permit number to the former Use Permit No. 1417), which included a request to change the hours of operation to accommodate the service of breakfast . lunch and dinner. Also included in that approval was the addition of a full-service bar, an open patio for dining, limited live entertainment (single unamplified piano and one PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 4 j microphone to amplify a single human voice), and the approval of an informal off-site parking agreement to provide additional restaurant parking spaces, and a waiver of a ! portion of the parking requirement. A copy of the minutes of that meeting is attached for the Commission's information as Attachment PC 5. On January 19, 1984, the Planning Commission reconsidered its previous action of November 10, 1983, at the request of the applicant. The Planning Commission modified and approved conditions of approval related to the hours of operation as reflected in Table 1 below, and which currently remain applicable. A copy of the minutes of that meeting is attached for the Commission's information as Attachment PC 6. Table 1 As Approved on January 19, 1984 j Sunda 10:30 am to Midnight Monday thru Thursday 11 am to Midnight { Friday 11 am to 2 am j Saturday 11 am to 2 am I Proiect Description r — s i The applicant is requesting an amendment to Use Permit No. 3072 to allow the following changes in the operational characteristics of the existing restaurant: i 1) Restaurant Remodel The total net public area' of the restaurant authorized by the previous use permit is 1,925 square feet. Changes in the floor plan (addition of the bar counter area at the front of the facility) by previous restaurant operators have reduced the net public area to 1,774 square feet, as currently exists. The applicant proposes to remodel the restaurant to expand into the neighboring vacant tenant space to accommodate new separate gender restrooms (404 sq ft); an employee service hallway (70 sq ft) and a take-out counter with customer waiting and retail area (566 sq ft), for an expansion of approximately 1,046 square feet to the restaurant. i The total net public area will increase to 2,099 square feet, 174 square feet more than currently authorized by use permit. 'Net Public Area (NPA): The Zoning Code defines net public area as the total area used to-serve customers, including, but not limited to, customer sales and display areas, 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. 24 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 5 I j 2) Change in Hours of Operation The applicant requests to change the current permitted hours of operation as reflected below. TABLE 2 Current Hours as Proposed Hours of Net Change approved on January Operation 19, 1984 Sunday 10:30 am to Midnight 9 am to Midnight Open an hour and a half earlier Monday thru 11 am to Midnight 10 am to Midnight Open an hour earlier Thursday M11 am to 2 am 10 am to 2 am Oen an hour earlier 11 am to 2 am 9 am to 2 am Oen two hours earlier 3) Parking Requirement and Valet Parking i The applicant is requesting to amend the current requirements to provide off-site j parking spaces and the full-time evening use of valet parking services; to eliminate the requirement for off-site parking spaces and provide valet parking only on a limited as-needed basis. The applicant also wishes to reword/restate i the conditions of approval that waived a portion of the required parking (as approved on November 10, 1983). I DISCUSSION i Analysis Restaurant Remodel The proposed remodel to add the take-out deli counter, waiting area and restrooms. The authorized net public area is proposed to-increase by 174 square feet to 2,099 square feet, 325 square feet of which is located within the area of expansion and dedicated to customer waiting and take-out deli service, no patron dining/seating is proposed; however, this remodel will not increase the area devoted to dining or the service of alcohol. To insure this, staff has included conditions of approval to limit the use of the take-out deli area and to prohibit dining or the consumption of alcoholic beverages in that area. A copy of the Project Plans (Site Plan, Floor Plan and Elevation) is attached for the Commission's information as Attachment PC 2. Parking Requirement At the time the subject property was developed with a restaurant, there were no requirements for off-street parking for such uses. Therefore, the restaurant operation, as 2� PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 6 I originally established and later amended in 1968 allowed the introduction of alcoholic beverage service, and was considered nonconforming as to the parking requirements. The subsequent use permit approval in 1983 required 49 parking spaces for the restaurant facility, based at a rate of one space for each 40 square feet of NPA; 20 parking spaces were provided on site, 24 parking spaces were to be provided in the neighboring Sherman Gardens Parking Lot with valet parking service (by off-site parking agreement); and the remainder that were not provided (5 spaces) were waived. Since that time, handicap parking requirements has resulted in a loss of two on-site parking spaces, for a reduced total of eighteen parking spaces. The Planning Department does not penalized commercial uses that are required to provide handicap accessible parking spaces and.suffer a reduction in the number of on-site parking spaces. Therefore, staff in this case, would attribute the lost spaces to the current waiver of parking requirement, for a total of 7 spaces waived. j If the subject restaurant were to be established today, pursuant to Section 20.66.070 of the Zoning Code, off-street parking requirements for restaurants may range between j ratios of 1 space per 30 to 1 space per 50 square feet of net public area (NPA) i depending on the physical design, operational characteristics, and location of the I restaurant. Staff is of the opinion that the base parking ratio of 1 space per 40 square feet of NPA is appropriate in this case. The proposed increase in the total net public area to 2,099 square feet, will require 53 parking spaces (2,099/40 = 52.5 spaces), an increase of four (4) spaces. However, it should also be noted that the parking requirement for the existing commercial tenant space proposed to be occupied by the restaurant expansion, and based on the retail parking rate of one space for each 250 square feet of gross floor area, is 5 spaces (1,046/250 = 4.2 or 5 spaces). Therefore, based on the proposed conversion of the retail floor area to restaurant floor area, results in a parking requirement of 48 spaces i (53 spaces required - 5 space credit for the retail space converted = 48 spaces). Waiver of Off-Street Parking Requirement and Valet Parking The applicant is requesting a total waiver of 30 off-street parking spaces (48 required spaces — 18 spaces onsite = 30 spaces, of that number 7 spaces were previously waived). The current use permit (Use Permit No. 3072) requires that 24 parking spaces be provided at an off-site location (at that time, the spaces were to be provided at the Sherman Gardens parking lot that was next door to the subject property and its parking lot). The use permit approval included a waiver of the parking requirement (7 spaces) conditioned upon the applicant's diligent pursuit to obtain off-site parking spaces through an off-site parking agreement at a specified location. However, the off-site parking agreements were not finalized and therefore, no off-site parking spaces were ever provided on either a formal or informal basis to satisfy the conditions of approval. Therefore, the applicant requests the waiver of that portion of the parking that cannot be provided on site, due to the inability to provide the previously required off-site parking spaces and a formal agreement. 2� PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 7 In accordance with the provisions of Section 20.66.100 A, a use permit may be approved by the Planning Commission to modify or waive the number of off-street parking spaces required by the terms of the Municipal Code if one or more of the following conditions are met: i j1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking j requirements for such uses do not occur simultaneously. i 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100 (B). 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. Conditions 1 and 2 stated above are applicable to the subject property: Staff therefore recommends that application of a parking ratio of 1 space per 40 square feet of NPA remains appropriate in this case and that the waiver of that portion of the parking requirement that .is not provided on site or by formal or informal off-site parking agreement be granted and maintained for the following reasons: o Since the approval of Use Permit No. 3072, a municipal parking lot located at the corner of Fourth Avenue and Dahlia Avenue has been constructed that provides 29.metered parking spaces for use by the general public, and persons that reside and/or work in the vicinity (see Detailed Vicinity Map -Attachment PC 7); and • The subject property provides 18 parking spaces on site; and is occupied by multiple commercial office and retail service uses, some of which close in the early evening, and therefore it is not anticipated that the `maximum parking requirements for such uses would occur simultaneously to create an inordinate parking demand in the neighborhood; and • The proposed restaurant expansion will replace retail floor area of the building, that will result in a reduction of the parking requirement from 49 spaces to 48 spaces; and the take-out service area will not be used to increase the restaurant 2�. PA2010-121 I EI Ranchito Restaurant Expansion October 21, 2010 Page 8 i i capacity to accommodate additional diners or increase the area devoted to the service of alcoholic beverages; and • The table and seating configuration of the restaurant will not be increased and will remain unchanged, with the exception of the elimination of a dining booth to j accommodate the new hallway behind the new restrooms leading to the front deli/take-out area, which will reduce the overall available seating count (4 seats j eliminated); and • The type of live entertainment (limited by current use permit) provided will not change and will not have any significant effect on parking demand; and • The location of the restaurant within the Corona del Mar Village affords the opportunity for significant walk-in trade; and I • A parking study (December 18, 2008) of the area performed for the City by Walker Parking Consultants indicated that on-street parking within the vicinity of the restaurant is not significantly impacted throughout the day. Field surveys were performed on May 15, 2008 and May 17, 2008, three times each day in order to observe the typical morning, afternoon and evening hours for peak parking demand. The study showed that parking along Carnation Avenue ranged from <50 to 69-percent occupied during the weekday peak hour of 7:00 p.m., and i from <50 to 89-percent occupied during the weekend peak hour of 10:00 a.m. The current use permit also requires valet parking service in the evening hours. The applicant requests to modify that condition to allow for the use of valet parking service on an as-needed basis to accommodate special events and holidays. As stated later in ! this report and reflected in the Police Department's Memorandum, there have been no notable calls for service associated with the former restaurant operation or the new operator at this location related to traffic or parking. Should the Planning Commission wish to approve the applicant's request, staff recommends that Condition No. 3 of Use Permit No. 3072 be deleted and Conditions No. 4 and 8 (renumbered in Attachment PC1, Resolution, as Conditions 6 and 7, respectively) be modified to read as follows: «(Qenrlition Ale Z That the a n6oant shall n vi& to the hent Of his ..hi/ity a9d OR aR int rm-+I basis .+ min im..w. of heier.ty f„r (24) eff street naFkine n on prepeq Ionated at the erthweste4yGemer- of Cast Geast H@hway and ilahfi f9r a iening . /n the event that the anolieant is o lenger able to . or- all of the off site lot the a n6eant shell o6fy the D/anning Direote- .within 30 .-lays and the ..atter r PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 9 1 mill he ref coed to the Dlanni g gommissien The planninese .+ I'`nmmina.inn .� may i mon the nlioanteentinuing obligation to seek and ebtain adequate off s a I Condition No. 4 Valet parking service may be provided on as-needed basis during the evening hours of operation and on weekends to accommodate special events and holiday peak use. times du Fin„ the evening hour of nne.a+inn Condition No. 8 That the off-street parking requirement (24 spaces) to provide additional parking is waived on the basis that additional parking is available in the vicinity, on street and in the nearby municipal parking lot located at the corner of Fourth Avenue and Dahlia Avenue (29 metered parking spaces) on the mquiFed geed faith effod and continuing obligation of the nlinant to peek and obtain off street paFkin�. Hours of Operation and Noise It is not anticipated that the change to increase the opening hours will result in any significant noise impacts to the neighboring residential or commercial occupants or tenants. Additionally, the applicant proposes no change to the limited use of live entertainment as specified by the current use permit, and that limitation is further conditioned by this approval with the attached Exhibit A of the attached Resolution. The type of live entertainment is limited to a single unamplified piano with a single microphone for amplification of a single human voice. The increase in the opening hour will accommodate earlier lunch and brunch service at the facility and will not affect the existing closing hours on any day. It is not anticipated that the new opening hours will have any significant effect on the parking demand or increase traffic impacts that may affect the neighboring residential or commercial uses. To provide noise attenuation for the protection of neighboring residential properties in the vicinity, staff has included standard conditions of approval that include a requirement for closure of doors and windows during live entertainment use; and that the location of the source of live entertainment be confined to the interior of the building only and not within the enclosed atrium area/dining room at the rear of the restaurant. 29 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 10 Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a memorandum stating that with the inclusion of the proposed conditions of approval in the attached Exhibit A, they have no significant concerns with the applicant's request (Attachment No. PC7). Additionally, since the restaurant recently moved from their original location at 2744 East Coast Highway to the present/subject location, formerly occupied by "Oysters Restaurant" at 2515 East Coast Highway, there have been no notable calls for service. The Police Department memorandum also states that there were no notable calls for service at the former EI Ranchito location (2744 East Coast Highway). The Police Department memorandum is attached for the Commission's information (Attachment No. PC8). j General Use Permit Findings Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion of the floor area of the restaurant adding the take-out deli counter and restrooms is a considered a 3 major change in the operational characteristics requiring an amendment to the Use Permit. Pursuant to Section 20.91.035 of the Zoning Code, the Planning Commission shall approve an application for an amendment to a use permit if the three required € findings below can be made. Staff believes the facts exist in support of the findings as x stated below: i 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The site is located in the Retail and Service Commercial (RSC) District. This district is intended to provide areas which are predominantly retail in character, but also allows service and office uses. The existing restaurant, which has been in operation since 1963, is consistent with the RSC District. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the sitee 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. Facts in Support of Finding: The restaurant with limited live entertainment as currently authorized is consistent with the Corridor Commercial (CC) land use designation of the General Plan; and although the location of the restaurant is in closeproximity to numerous residential units and Two-Unit Residential (RT) land 30 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 11 use district, the operation of the restaurant as proposed and expanded, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • The operational characteristics of the restaurant is not being intensified by the I proposed expansion, and the conversion of the retail tenant space to restaurant floor area results in a negligible reduction in the parking demand of the property as a whole. • The elimination of the evening valet parking services is not a significant change since such valet parking services have not been provided on site by the previous restaurant operators for the past several years. • The type of live entertainment that is authorized is limited to an unamplified piano and one microphone for amplification of a single human voice has been in place since 1983 and when in operation did not result in any noise disturbances that the Police Department is aware of. Additionally, live entertainment specific conditions have been added to further protect the neighboring residential occupants; including closure of doors and windows during performance of live entertainment, limited hours of use to cease at 11 pm daily, and prohibiting live entertainment within the enclosed patio at the rear of the property overlooking the parking lot. It is anticipated that these additional conditions will further limit adverse noise impacts on the residential neighbors. • As indicated in the memorandum provided from the Police.Department, no calls for service have been received and associated with the subject restaurant, and it is not anticipated that the increased opening hours will cause any increase in the calls for service. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: • The existing restaurant is consistent with the legislative intent of Chapter 20.15 (Commercial Districts) of the Zoning Code. Section 20.15.020 requires approval of a use permit for restaurants in the RSC District. The current restaurant operates pursuant to Use Permit No. 3072 and the expansion into the neighboring tenant space and change in the opening hours are subject to amendment to the use permit. 31 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 12 • The proposed expansion to add the take-out deli counter and restrooms will not result in increased dining area or seating; and is considered an ancillary use to the existing restaurant. • The elimination of the requirement to provide additional parking off site is appropriate in this case, since conditions exist with regard to the subject property as specified by Section 20.66.100 A, to justify the waiver of the parking requirement. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), since the proposed project is a minor expansion of the existing restaurant into a neighboring tenant space with no increase in the parking requirement of the restaurant; and minor j changes to the operational characteristics of the existing restaurant use. i i Public Notice i Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. 3 Summary I Sufficient evidence has been provided illustrating that the existing on-site parking arrangement and the proximity of the parking spaces in the nearby municipal parking lot are available for use on a.first-come, first served basis to adequately serve patrons and visitors to the commercial and residential properties; and the general public and users of the adjacent public park. Staff recommends approval of the amendment to the use permit per the conditions of approval provided in the attached draft resolution (Attachment PC 1) for the proposed changes to the operational characteristics of the restaurant for the expanded opening hours; the expansion/addition of the take-out service counter and waiting area; and the waiver of a portion of the off-street parking requirement. Alternatives If the Planning Commission concludes that there are not sufficient facts to support findings for approval for the proposed off-site parking agreement, the Planning Commission shall state said facts, continue the public hearing to the next scheduled meeting, and direct staff to prepare a resolution for denial, with findings and conditions. .32 PA2010-121 EI Ranchito Restaurant Expansion October 21, 2010 Page 13 f Prepared by: Submitted by: Javier S. Garcia, Senior Planner Ja es W. Campb I, Acting PFsw ing Director r ATTACHMENTS . PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant Use Permit Request PC 3 Project Plans- Site Plan, Floor Plan & Elevation PC 4 Excerpt of Planning Commission Minutes, dated December 5, 1968 w Plan PC 5 Excerpt of Planning Commission Minutes, dated November 10, 1983 i PC 6 Excerpt of Planning Commission Minutes, dated January 19, 1984 PC 7 Detailed Vicinity Map PC 8 Police Department Recommendation and Alcohol Related Statistics F:\USERS\PLN\Shared\PA's\PAs -2010\PA2010-121\UP2010-025 perpt.doc Tmplt: 11/23/09 RESOLUTION NO. 1824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3072 (FORMERLY USE PERMIT 1417 AND ITS AMENDMENTS, OPERATING MOST RECENTLY AS OYSTERS RESTAURANT) FOR THE EL RANCHITO RESTAURANT LOCATED AT 2515 EAST COAST HIGHWAY (UP2010-025, PA2010-121) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sergio Avila, with respect to property located at 2515 East Coast Highway, and legally described as Lots 1, 2, and a portion of Lot 3, Block C, Tract 470 and an abandoned portion of Carnation Ave; requesting approval of an amendment to Use Permit No. 3072 (formerly Use Permit 1417 and its amendments, reestablished by this approval as UP2010-025). 2. The applicant proposes the following changes in the operational characteristics of the existing restaurant: 1) To expand the restaurant into the neighboring vacant tenant space (1,040 sq ft) to accommodate new restrooms facilities (404 sq ft); an employee service hallway (70 sq ft) and a take-out deli counter with customer waiting and retail area (566 sq ft); 2) to expand the existing hours of operation to extend the opening hours on Saturdays and Sundays to 9 am; and Monday through Friday to 10 am; and 3.) to change conditions of approval that currently require the provision of valet parking service during evening hours, to allow the use of valet parking services on an as-needed basis (to accommodate special events and holiday peak use). 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 5. A public hearing was held on October 21, 2010, 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 Planning Commission at this meeting. 34 Planning Commission Resolution No. 1824 Page 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. The project involves minor interior alterations involving expansion into a neighboring retail tenant space for a take-out deli counter and retail display, with no increase in the number seats or area devoted to dining. Additionally, the change in the provision of valet parking services on an as-needed basis is consistent with the previous restaurant operations prior to acquisition by the current applicant. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Sections 20.82.060 A and 20.66.100 A of the Zoning Code, expansion into the neighboring retail tenant space (increase in excess of 250 square feet of gross floor area), change in the hours of operation (opening hour change), and change to the existing conditions of approval (related to the valet parking service and the waiver of off-street parking requirement) are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91.035 of the Zoning Code, the Planning Commission finds it can make the findings required to approve the requested amendment to Use Permit No. 3072. The operation of the restaurant, as proposed, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • The change to extend the opening hours on Saturdays and Sundays to 10 am; and Monday through Friday to 10 am will not cause an appreciable increase in parking demand that will adversely affect the residential neighborhood. The following changes will help alleviate late hour noise and parking impacts on the residential neighborhood 1.) closing hours are revised to Midnight Sunday to Thursday nights; and 12:30 am on Friday and Saturday nights; 2) to expand the restaurant into the neighboring vacant tenant space (1,040 sq ft) to accommodate new restrooms facilities (404 sq ft); an employee service hallway (70 sq ft) and a take-out deli counter with customer waiting and retail area (566 sq ft); and 3.) to change conditions of approval that currently require the provision of valet parking service during evening hours, to allow the use of valet parking services on an as-needed basis (to accommodate special events and holiday peak use); and 4.) purchase of municipal annual parking permits for employees. • The change in operational characteristics to eliminate the requirement for evening provision of valet parking and waiver of a portion of the off-street parking requirement (30 spaces waived) is appropriate, since the restaurant is located in close proximity to a municipal parking lot (established in 1985) that was not in existence when the use permit requiring full-time evening valet parking services was approved; and it is not anticipated that the maximum parking requirements for the multiple commercial and retail uses on site would occur simultaneously. S5 Planning Commission Resolution No. 1824 Page 3 of 12 • Memorandum provided by the Police Department, state that no notable calls for service have been received from residents in the past regarding the noise generated from the former Oysters Restaurant, or associated with the former EI Ranchito location at 2744 East Coast Highway; and the continued use of limited live entertainment (in accordance with the Use Permit No. 3072 and its amendments) or extending the opening hours of operation is not expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The applicant states that the previous restaurant operations did not provide the use of any off-site parking spaces, conversely sufficient evidence has been provided to confirm that adequate parking is available during the existing lunch service based on the shared use of the subject property parking lot and the proximity of the municipal parking lot. 2. Use Permit Findings Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A-1. The expanded restaurant will provide a take-out deli service area as a part of the existing restaurant facility, which serves the surrounding residential and commercial community. A-2. The project is located in the RSC (Retail and Service Commercial) Zoning District, which is intended to provide for retail sales, personal and professional uses that offer direct services to the public. This designation allows a wide range of uses and services accommodating both residents and visitors. The proposed restaurant expansion is consistent with land uses permitted by the RSC Zoning District. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be 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. so Planning Commission Resolution No. 1824 Page 4 of 12 Facts in Support of Finding: B-1 . The General Plan land use designation for this site is CC (Commercial Corridor). The CC designation is intended to provide for a wide range of retail and service uses to serve the needs of and maintain compatibility with residential uses in the immediate area. The existing eating and drinking establishment with alcohol sales is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B-2. A restaurant has been operated in this location since 1963 pursuant to Use Permits No. 1346, 1417 and its amendments; and Use Permit No. 3072 and has not proven detrimental to the area in the last several years (according to the Police Department Memorandum Attachment PC 7). B-3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is generally oriented toward East Coast Highway (main restaurant and new take-out deli entrances) and the parking lot at the rear as situated are shielded from the residential uses south of the property by a two story commercial building located at the southeasterly corner of Carnation Avenue and Fourth Avenue. 13-4. The use of live entertainment is limited to an unamplified piano and one microphone to amplify a single human voice; and dancing is prohibited on the premises. B-5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. B-6. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or tavern. B-7 If not currently provided on site, the applicant is required to install a grease interceptor; obtain Health Department approval prior to opening the expanded area for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. B-8. The proposed project and requested discretionary application is consistent with relevant General Plan policies. Finding: C. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. 37 Planning Commission Resolution No. 1824 Page 5 of 12 Facts in Support of Finding: C-1. Full service restaurant restaurants are a permitted use in the RSC (Retail and Service Commercial) Zoning District, subject to approval of a use permit. The project expansion of the existing restaurant conforms to the development standards of the Zoning Code. C-2. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent 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 restaurant and adjacent properties during business hours if directly related to the patrons of the restaurant use and has accepted additional conditions of approval on the use of live entertainment. C-3. The project has been reviewed and conditioned to ensure that the purpose and intent of Chapter 20.89 (Alcoholic Beverage Outlet) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is limited to the existing licensed premises and not extended into the take- out deli expansion area. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3072 (approved as PA2010-121, UP2010-025). 2. This action shall become final and effective fo urteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF OCTOBER, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge, and Hillgren NOES: None. n `� BY: ( ,y �l✓� J ( t,tt� Earl McDaniel, Chairman f BY: � Mic el rge, S cretary 38 Planning Commission Resolution No. 1824 Page 6 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Project Specific Conditions 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. This approval as an amendment to Use Permit No. 3072 (PA2010-121, as UP2010-025) shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. This approval is for the establishment of the expanded restaurant facility previously authorized by Use Permit No. 3072 (Renumbered as PA2010-121, as UP2010-025), with the principal purpose being the sale or serving of food and beverages with sale and serving of alcoholic beverages as an amenity to the food use. The expanded deli/take-out area shall be limited to retail/take-out sales only, any conversion of that area to provide additional restaurant patron dining/seating shall require the prior approval of an amendment to this use permit by the Planning Commission, except that bench seating and alcoholic beverage services for patrons waiting to be seated in the restaurant is authorized with that area. 3A.The restaurant operator shall purchase municipal "annual parking permits"for all employees of the restaurant; and the employees are required and shall be directed by the restaurant operator to park in the municipal parking lot located at the corner of Dahlia Avenue and Fourth Avenue during all times they are working in the restaurant. 3B.This use permit shall be subject to review by the Planning Commission one year after implementation of the changes in the operation and issuance and completion of construction for the expansion authorized by this approval (unless otherwise determined by the Planning Director), at a regularly scheduled hearing and subject to use permit public notice requirements. 4. All previous use permit approvals, including Use Permits 1346, 1417 and its amendments, and use permit 3072 are rendered null and void by adoption and acceptance of this approval; and exercise of the conditions of approval or issuance of building permits and completion of the construction authorized by this approval for the physical changes to the building. 39 Planning Commission Resolution No. 1824 Page 7 of 12 5. Hours of operation of the restaurant shall be limited to between the hours reflected below. Approved Hours of Operation Sunday thru 10 am to Midnight Thursda Friday and 10 am to 12:30 am Saturday 6. That the off-street parking requirement (total waiver of 30 spaces) to provide additional parking off-site is waived on the basis that additional parking is available in the vicinity, on street and in the nearby municipal parking lot (Dahlia Avenue Parking Lot) located at the corner of Fourth Avenue and Dahlia Avenue (31 metered parking spaces and one unmetered handicap parking space), and the requirement to purchase municipal annual parking permits for the employees of the restaurant and direction to park in the nearby municipal parking lot. 7. A total of 18 parking spaces shall be maintained on the on-site parking lot located at 2515 East Coast Highway and shall remain available on a first-come, first-served basis by all tenants of the subject property, including the restaurant use. 8. Valet parking service may be provided on as-needed basis during the evening hours of operation and on weekends to accommodate special events and holiday peak use. 9. Prior to implementation or use of valet parking services, the applicant shall submit the properly prepared valet parking plans to the Public Works Department for review and approval by the City Traffic Engineer or his assignee/designee. 10. The parking lot shall be maintained free of litter. The operator shall provide for daily removal of trash, litter, and debris from the off-site parking lot and all abutting sidewalks within 20 feet. 11.A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant, if required and deemed necessary by the Revenue Division. 12.Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. Providing a dance floor or reconfiguring the tables and chairs to provide a dance/assembly area is prohibited. 13. The live entertainment use shall be permitted within the interior dining rooms only. Such activities shall be prohibited within the enclosed atrium dining room at the rear of the restaurant. 40 Planning Commission Resolution No. 1824 Page 8 of 12 14.Live entertainment shall be permitted within the restaurant up to 10:00 p.m., daily, unless an amendment to this use permit is approved in accordance with the Zoning Code requirements. 15.Live entertainment shall be limited to no more than two performers at any time, with an unamplified piano and/or including a single vocalist with one microphone for amplification of the human voice only. Disc jockeys or similar forms of entertainment shall not be allowed, unless an amendment to this use permit is first approved by the Planning Commission. 16.Dancing shall not be permitted on site at any time. 17.No outdoor speakers shall be permitted in conjunction with the existing or proposed expanded restaurant operation. 18.All exterior doors and windows of the facility shall be opened only as necessary to allow ingress and egress. The doors and windows of the enclosed atrium dining room shall remain closed during all time of the restaurant operation, except in the case of an emergency when it may be utilized for emergency egress. 19.Sound levels within the interior restaurant shall be no greater than that specified in Chapter 10.26 of the Newport Beach Municipal Code. To determine the maximum permissible interior sound levels and to develop a set of measures/improvements necessary to ensure compliance, the City, if deemed necessary by the Planning Director or his designee, shall retain (at the applicant's expense) the services of a qualified engineer specializing in noise/acoustics to monitor the sound generated by the restaurant facility when live entertainment is provided. The monitoring shall occur within 2 weeks of initially providing live entertainment. Any measures or improvements recommended by the engineer to ensure compliance shall be completed within 30 days of monitoring, unless an extension is granted by the Planning Director. 20. The applicant shall provide periodic employee/personnel supervision of the on-site eighteen space parking lot in the evenings between 10:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by restaurant patrons and employees after the close of business. 21. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 22. 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, 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 this project including, but not limited to, the approval of the amendment to Use Permit No. UP2010-025 (PA2010-121); and/or the City's related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, 41 Planning Commission Resolution No. 1824 Page 9 of 12 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. Standard City Conditions 23.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 24.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. 25.Prior to issuance of building permits, the applicant shall provide a covenant for review and approval by the Building Department and the Office of the City Attorney as to form and content, that will address the construction and opening proposed between the existing restaurant and the neighboring tenant space and that will cross an interior property line. Once approved and properly executed, that document shall be forwarded to the city officials for recordation against the property with the county recorder. 26.All exits shall remain free of obstructions and available for ingress and egress at all times. 27.This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 28.This Use Permit may be modified or revoked by the City Council or Planning Commission 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. 29.Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 30.Should the property 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 agent. 31.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 that are clearly visible to the exterior shall constitute a violation of this condition. 42 Planning Commission Resolution No. 1824 Page 10 of 12 32.This use permit approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 33.Food service from the regular menu must be available to patrons up to thirty (30) minutes before closing time. 34.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35.No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 36.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 37.VIP passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. 38.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. 39.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 40.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. 41.No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted on site. 42.Strict adherence to maximum occupancy limits is required. 43.Current occupancy loads shall be posted at all times and the applicant shall have an effective system to keep count of the number of occupants present at any given time, and provide that information to public safety personnel upon request. 44.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding, or in response and confirmation to a complaint, that the site is excessively illuminated. 43 Planning Commission Resolution No. 1824 Page 11 of 12 45.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 46.The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 47.No outside paging system shall be utilized in conjunction with this establishment. 48.All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 49.Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 50.The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or 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). 51.Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 52.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 Planning Director, and may require an amendment to this Use Permit. 53.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. 54.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. 55.Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 44 Planning Commission Resolution No. 1824 Page 12 of 12 56.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 Department. 57.The construction plans must meet all applicable State Disabilities Access requirements. 58.Approval from the Orange County Health Department is required prior to the issuance of a building permit. 59.Grease interceptors shall be installed, if not already provided, on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. Contact John Kinley or his successor, City Contractor, at (949) 888-6536 for the correct sizing and type required for the grease interceptor. In accordance with the requirements of the Building Department. 60.Kitchen exhaust fans shall be installed/maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 45 V� QP �P Attachment No. PC 3 Site Photos and Project Plans 47 V� QP �P �g PA2016-080 I 8� L � � s e- f,_e. HVM C2Y. L �p V11,4 S /�v r elR i fi a '2-5-f /flDf �d S�4�G 49 IVk PA2016-1080 71 r 16 kot, V 4LI Al 1 Ole W V(f, low 0 im4- W d W AV , Lj 0 00 , i0or lu o A-4 Lj--J �l lA10- s.T4rr ee PA2016-080 � � I SZ PA2016-080 Planning Commision Avila's El Ranchito is proposing a roughly 460 square feet of outdoor dining located directly in front of Avila's El Ranchito restaurant. The area would accommodate a mixture of two and four top tables seating. A bronze wrought iron fence, measuring 42 inches tall, would enclose the patio (picture included). The patio will be consistent with the interior decor; which includes various plants and umbrellas. The outdoor dining will improve the look and feel of CdM pedestrian sidewalks and increase the amount of"dog friendly" patios. The outdoor seating is consistent with the upscale, neighborhood feel in Corona del Mar. It is consistent with the general plan of Corona del Mar city council. All plans are within the zoning and municipal code requirements. The plans are within code requirements for all handicap accessible entrances and walkways. Operation of this outdoor area would enhance the business growth, in an responsible and orderly fashion. Sergio Avila Owner 52 L +fir�_ � >•. . � � _. r i , •r I . `}- i �wc w ,m - �, w sE .. .► ` ir .— t F � ti Planning Commission - June 9, 2016 �WPItem No. 2a Additional Materials Received Avila's EI Ranchito Outddd tAhIWg,Use Permit (PA2016-080) } �n UNITY DEVELOPMENT DEPARTMENT F f n 100 Civic Center Drive Newport Beach,California 92660 949 644-3200 C,�/FOP-NSP newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Brenda Wisneski, Deputy Community Development Director Date: June 6, 2016 Re: PC Item # 2 —Additional Material Attached is a revised draft resolution which reflects comments from the Police Department and City Attorney's office. The draft resolution has also been amended to include the applicant's request to open the restaurant at 9:00 a.m., daily. The Newport Beach Police Department memo is also attached which includes statistical data and recommendations for conditions of approval. Many of the suggestions are already included in the existing Use Permit UP2010-025, are in the recommended resolution or are more appropriate for the Operators License, as handwritten notes on the memo indicate. Attachments: 1. Revised Draft Resolution 2. NBPD Memo, dated May 31, 2016 Community Development Department Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-019 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT (AVILA'S EL RANCHITO) AT 2515 EAST COAST HIGHWAY (PA2016-080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sergio Avila, with respect to property located at 2515 East Coast Highway, and legally described as Tract 470 Lot 1 Blk C Portion of Lot, including an abandoned portion of Carnation, and portions of Lots 2/3 Block C requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 461 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. The proposed area would be located within the public right-of-way. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On October 21, 2010, the Planning Commission approved an amendment to Use Permit UP2010-025 to expand the restaurant and its operating hours and require valet service on an as-needed basis. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit UP2010-025, as amended, and related conditions of approval shall remain in effect unless a condition of approval is amended by Use Permit UP2016-019. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPFean-dttc.DuMtiwi(MrftbJudcReeNnitt 016-080) Page 2 of 7 Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2515 East Coast Highway. SECTION 3. REQUIRED FINDINGS. The outdoor dining area is a change to the operational characteristics of the restaurant, therefore, a conditional use permit is required. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings 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 subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 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 subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 461 square feet in size which does not require additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. 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 Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPPean cOCul tbwi(MrftbJudcReeNnit 016-080) Page 3 of 7 they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 2. The subject dining area is limited to 461 square feet and extends 6-feet from the building edge. The sidewalk would be maintained between six- and eight-feet which is adequate to accommodate pedestrian passage. 3. The existing restaurant currently opens at 10 a.m. daily and closed at midnight on Sunday thru Thursday and 12:30 a.m. on Friday and Saturday. The revised hours would allow the restaurant to open at 9 a.m. All other T-he-internal operations of the restaurant would not be modified and would continue to be conditioned by Use Permit 2010-025. 4. The project has been conditioned the allow the outdoor dining area to open at 44-9 a.m. and close at 10 p.m. 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. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 461 square foot eating area and do not encroach into the roadway. Finding: E. 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. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Carnation Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. SECTION 4. DECISION. 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPPean cOCul tbwi(MrftbJudcReeNnit 016-080) Page 4of7 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby Feeammends the G'R- Se,indl approves Use Permit UP2016-019, 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 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 91h DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPPean cOCul tbwi(MrftbJudcReeNnit 016-080) Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-019 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Should the property 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 agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPFean-dttc.DuMtiwi(MrftbJudc teeNnitt 016-080) Page 6 of 7 11. 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. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. 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, 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 the Avila's Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-019. 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. 14. The hours of the restaurant eutdoer GVnipga.rp--;g -shall he kpm 10 a.m. t„ 10 . dadyshall be limited to the hours stated below.-_ Interior Outdoor Dinin Sunday thru Thursda 9 am to Midnight gam to 10 pm Friday and Saturday 9 am to 12:30 Police Department 15. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. 4-416. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for the selling of 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 complV 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 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EPPean cOCul tbwi(MrftbJudcReeNnitt 016-080) Page 7 of 7 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. Building Division 45-.17. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 46-.18. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 47–.19. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 48-.20. The applicant shall obtain an Annual Sidewalk Outside Dh*g—Cafe License Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 4-9721. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION z6E MEMORANDUM TO: Brenda Wisneski, Deputy Community Development Director FROM: Wendy Joe, Police Civilian Investigator DATE: May 31, 2016 SUBJECT: Avila's EI Ranchito Outdoor Dining 2515 East Coast Highway Use Permit No. UP2016-019 (PA2016-080) Operator License No. OL2016-004 At your request, the Police Department has reviewed the project application for Avila's EI Ranchito, located at 2515 East Coast Highway, Corona del Mar. Per the project description, the applicant is applying for an amendment to allow a 460-square foot outdoor dining area on Coast Highway. The restaurant's hours are Sunday through Thursday, 10:00 a.m. to 12:00 midnight, and Friday through Saturday, 10:00 a.m. through 12:30 a.m. The applicant is requesting the outdoor patio hours be the same. Should the conditional use permit be amended, an Operator License will be required per the municipal code. The applicant maintains a Type 47 (On-Sale General - Eating Place) Alcohol Beverage Control license. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 2515 East Coast Highway. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 44 which encompasses the Village of Corona Del Mar. Of the City's 38 Reporting Districts, RD 44 ranks 51h for reported crimes with a total number of 298 reported crimes. This location meets the legal criteria for undue concentration, • In 2015, RD 44 had a total of 298 reported crimes, 83% over the city-wide average • In 2015, officers made 166 arrests in RD 44 • In 2015, 37% of arrests in RD 44 are directly related to alcohol Over-Saturation Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EI Ranchito Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) UP2016-019 The applicant premise is located within census tract 0627.01. This census tract is extends from East Coast Highway to the Pacific Ocean, and from Jamboree to Goldenrod Avenue, roughly half of the Corona del Mar Village. It has an approximate population of 2,817 with 18 active ABC licenses. That is a per capita ratio of 1 license for every 157 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 505 residents. This location meets the legal criteria for undue concentration. When comparing the entire Village (RD 44), we find undue concentration still exists. • RD 44 has 33 on-sale and 8 off-sale active retail ABC licenses • RD 44 is over saturated with a total per capita ratio of 1 license for every 132 residents Comments and Recommendations The attached statistics sheet provided indicates 14 police calls for service were made to the applicant address during the 2015 calendar year. After reviewing each call, it is important to note that no calls were a result of over-service of alcohol or neglect in responsibility by the applicant. Should the conditional use permit be amended, an Operator License will be required per the municipal code. A security plan will be required as an addendum to the License. As part of the security plan, the Police Department will request the applicant install security cameras with a one-month recording retention. The Police Department requests City Staff and the Planning Commission evaluate the following recommendations: • If this project is approved, the Police Department suggests no exterior amplified music or loudspeaker of any kind be used on the patio. Given the proximity to homes in the Y� 1 neighborhood, we recommend the outdoor patio be closed by 10:00 p.m. daily. Proper signs indicating, "No Alcohol Beyond this Point" should be displayed, and a 42" barrier should be constructed around the patio perimeter. • The Police Department requests a condition be added that requires all employees serving alcoholic beverages complete a certified training program in responsible Odd methods and skills for serving and selling alcoholic beverages. Records of such training shall be maintained and made available to the police department upon request. • In Newport Beach, 70% of all Driving Under the Influence arrests occur between the late O� night hours of 10:00 p.m. and 5:00 a.m. The Police Department requests a condition be added prohibiting reduced alcoholic beverage prices after 9:00 p.m. Although Avila's EI Ranchito does not currently advertise a late night happy hour, we highly recommend this condition be added given the use permit will run with the land. CONDITIONS OF APPROVAL The Police Department requests all existing conditions of approval remain, and the following conditions be added. 2 Planning Commission - June 9, 2016 Item No. 2a Additional Materials Received Avila's EI Ranchito Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) UP2016-019 ©� 1. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 2. All owners, managers, and employees selling alcoholic beverages shall undergo and ' J 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 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. 3. The hours of operation for the outdoor dining patio shall be limited between 10:00 a.m. to 10:00 p.m. daily. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. L+WendJoe PolicCivil Polic Investigator, Special Investigations Brad filler W L Sergeant, Special Investigations Lieutenant, Detective Division David W. 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The attached table summarizes each application to facilitate your review. Attachments: 1. Application Summary Community Development Department Planning Commission - June 9, 2016 Item No. 2b Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) Previous Approvals Existing Sq. Existing Hours Outdoor Dining Sidewalk Other Footage Width Avilla's UP2010-025 2,099 sq.ft. net public 10am to 12am 460 sq.ft. 6-to 8- Request to PA2016-080 Type 47 area Fri/Sat to 12:30 am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver 9am to 10 m, daily Bungalow UP1778 (Issued 1984) 1,596 sq.ft. net public 9am to 12am 266 sq.ft. 7-feet Six PA2016-083 Outdoor Dining Permit area weekends Black wrought iron additional (Issued 1996) 399 sq.ft. outdoor fence 42-inches in off-site Type 47 dining in rear Lunch and Spm to height parking Valet Service 12am weekdays Ilam to 10pm, daily spaces Off-site parking (9am on weekends or 2 in-lieu parking spaces Outdoor Dining — holidays) Mon to Thu 10pm Fri/Sat 11 pm Rothschild's UP1851A (Issued 2000) 839 sq.ft. of net 10am to 12:30am; 210 sq.ft. 7-feet PA2016-088 Type 47 public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing 10am to 10 m, daily Tmplt:-02/05/15 Planning Commission - June 9, 2016 Item No. 2c Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) Subject: FW:Wrought Iron Fence Attachments: IMG_7298.JPG;IMG 7297.JPG; EI Ranchito-Corona Del Mar-Overall Plan-2016-0608.pdf, EI Ranchito-Corona Del Mar-Partial Plan-2016-0608.pdf; EI Ranchito-Elevation on PCH-2016-0608.pdf From: Sergio Avila [mailto:avilaer5(olamail.com] Sent: Wednesday, June 08, 2016 3:54 PM To: Wisneski, Brenda Cc: maribel Avila Subject: Fwd: Wrought Iron Fence Hi Brenda, Here are the new images and sketches to replace the old ones. Thank you for everything you have done. Sergio Avila t Planning Commission - June 9, 2016 Item No. 2c Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) UMPST FE EXISTING KITCHEN 0 Y7 bd EXISTING RESTAURANT NC TABLE Le�I Area E'nsnNG j�m RMP p R EE OMEN O WOMEN NC BAR TABLE h RES OM O RESTROOM LBvel V LBwI Arse Ana F.E. NEWOELI LEVELACCESS TAKE-OUTSPACE NOGINING FLR. SIN Outdoor Dining Area o o, SIDEWALK 1 PACIFIC COAST HWY. VENT ELECTRIC STREET BOX LIGHT Avila's EI Ranchito 0 2- 6' 2515 E. Coast Hwy. 1mnil Floor Plan Scale:3132^=r-o^ Planning Commission - June 9, 2016 Item No. 2c Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) Level Area D(ISTING e e RAMP F.E. s y DMEN v WOMEN H.C.BAR TABLE (. REST OM (D RESTROOM Level Level A ea Area F.E. NEW DELI LEVEL ACCESS TAKE-OUT SPACE NO DINING FLR. ( �� SINK Outdoor Dining o Area i m I `a r SIDEWALK PACIFIC COAS I I NV`r. VENT ELECTRIC STREET BOX LIGHT Avila's EI Ranchito 0 2• 61 2515 E. Coast Hwy. r� Partial Floor Plan Scale: 1/8"=1'-oe Planning Commission - June • 2016 Item • 2c Additional -• Avila's El Ranchito Outdoor Dining Use Permit (P 16-080) ` �i►t ,,,'1/,x..,5 .l' � n'. AL I N - - �� :�I��������=i��������1�� �'�ii�#I ��Il� iii�'i'��iiiiii •�1. ' � �����1 =~h :� - • .;. . lt�ullllllll lliilllll lliiillil ilil�i11i11f111111 ii1i11 '��� � �,� RRff J `�1 •�• r R� ih IIS t I f ! r 6 4 Vw � t " U bl Planning Commission - June 9, 2016 Item No. 2d Additional Materials Received Avila's EI Ranchito Outdoor Dining Use Permit (PA2016-080) Subject: FW: PA2016-080, PA2016-083, and PA2016-088 Attachments: Planning Commission 060916.pdf From: Edith Christensen [mailto:echristensenebestlife.com] Sent: Thursday, June 09, 2016 11:50 AM To: Kramer, Kory; Brown, Tim; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: Wisneski, Brenda Subject: PA2016-080, PA2016-083, and PA2016-088 Please see attached letter regarding the above Notice of Public Hearing. Edith M. Christensen Assistant to Donald R. Lawrenz BEST►'!i Life' 8MuM&MdW*hC 17701 Mitchell North I Irvine, CA. 92614-6028 Phone: 949.222.2102 Fax: 949.724.1950 echristensenCa)bestlife.com I www.bestlife.com 9113 In G L•J7 3r;' 1 Planning Commission - June 9, 2016 Item No. 2d Additional Materials Received PENSION ADM INISTRATOPASI,RUMMOutdoor Dining Use Permit (PA2016-080) June 9, 2016 The City of Newport Beach Community Development Department Members of the Planning Commission 100 Civic Center Drive Newport Beach, CA 92625 Re: PA2016-080, PA2016-083, and PA2016-088 Dear Planning Commissioners: I am the owner of the properties located at 2435 East Coast Highway and 705 Carnation Avenue in Corona Del Mar. The location and impact to these properties would certainly demand a response from me. I am in receipt of the above referenced Notice of Public Hearing and have a few points to bring to your attention. First, let me state that I am not opposed to outdoor dining at any of these restaurant locations. However, as a longtime owner of the properties in this location I am disturbed that, other than this notification that was mailed on May 28`h,there was no outreach to me or any other of the property owners that will be impacted. Second, I have concerns that the three amendments to the restaurants' Conditional Use Permits have been bundled together and don't believe this has been done in the past. Third, the "approval of off-site parking" is of great concern to me and my property. Like most coastal towns parking is at a premium. With the added customers there will be the need for added parking. The tenants of 2435 East Coast Highway park their cars and their occasional guest in the parking lot set up at 705 Carnation Avenue. Without a detailed plan for "off-site" parking this will severely impact the tenants use and quiet enjoyment of the property. What provisions will the Planning Commission make to protect access to parking for my tenants? Will they pay for a security system that would include electronic fobs for the tenants? Will they pay for a security guard to police the parking lot from the time the restaurants open for business to the time they close? At this time I am opposed to the amendments to the Conditional Use Permits in its' current form. I request that this be continued at a later date. Sincerely, �JjDonald R. Lawrer. 17701 Mitchell North • Irvine, CA 92614-6028 • 949.253.4080 , so we WrIMUMMELTAFORIMIN ion Is Dini : � 14-1 - i4� . . Al i Planning Commission • : Use Permits Avila's EI Ranchito, Bungalow, Rothschild's ` June 9, zo16 , r Planning Commission - June 9, 2016 ting 080) Introduction uci ■ Use Permits to Allow Outdoor Dining y/ 1 4 t AM1 , 1d Rothschild's � �''" ;. � hs q a Bungalow WK Avilla's EI Ranchito o 11 9r \V� a 06/09/2016 Community Development Department - Planning Division 2 Planning Commission - June 9, 2016 ting 080) Background Sidewalk expansion, benches and landscaping Application Similarities : Existing Use Permits Seating area to front Coastal Highway Operator License Required from PD Encroachment Subject to Council Approval Use Permit "amendment" required Encroach Agreement to Council June 14 06/09/2os6 Community Development Department- Planning Division 3 Planning Commission - June 9, 2016 ting 080) Conditional Use Permit Neighborhood Compatibility Proximity to Residential Hours of Operation Parking No Additional Parking is <25% of interior net public area . Bungalow - 6 additional parking spaces required . No additional parking required forAvila's and Rothschild's o6/o9/20s6 Community Development Department- Planning Division 4 Planning Commission - June 9, 2016 ting 080) Avilla -'s Ranchito UP2010.025 46o sq.ft. PA2o:i6-o8o Type47 Bronze iron fence z,ogg sq.ft. loam to izam 6-to 8- Request to Live Entertainment net public area Fri/Sat to zz:3o am 4z-inches in height Off-site Parking feet Open gam Parking Waiver gam to zopm,daily gam to 12am UP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six ft 6 sq. . (Issued 1996) 1,59Lunch and Spm to 42-inches in height additional Type 47 net public area 12am weekdays 7-feet off-site Valet Service 399 sq.ft.outdoor llamtolopm,daily parking Off-site parking dining in rear Outdoor Dining—Mon (gam on weekends or spaces 2 in-lieu parking spaces to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised Type 47 839 sq.ft. loam to 12:3oam; terrace 7-feet Tandem On-site Parking net public area daily Black wrought iron to Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 5 , so we 'MeRnUMMELTAFORIMIN Avilla -'s EI Ranchito it 8 61 06/oq/2o16 Community Development Department - Planning Division 6 1 SS 1 I' �. Mh Avilla -'s EI Ranchito 'I -1 Sol e FOR MEN!WOMEN' Ap - -- - - - -.111131 Ililii IrrI11111111111iPlf��l j111'iml�� I��IIli�1� :' •. .. . . . �- - . • � - .. Planning Commission - June 9, 2016 ting 080) SEW Poa r Bungalow z a cqC/FORN�P UP2010-025 2,ogg sq.ft. loam to 12am 46o sq.ft. 6-to 8- Requestto Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gam to iopm,daily Sam to 12am Bungalow UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six PA2o16-083 Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or 2 in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm UP1851A(Issued a000) 839 sq.ft. loam to 12:3oam; 210 sq.ft. 7-feet Type 47 net public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily Lo6/09/20:L6 Community Development Department - Planning Division 8 Planning Commission - June 9, 2016 ting 080) Bungalow 06/09/2016 Community Development Department - Planning Division 9 i 1 • THE aLi Planning Commission - June 9, 2016 ting 080) Bungalow Offmsite zioi E. Coast Hwy 35 leased spaces g 4� u��vt, +lr m Existing Demand 32 spaces ti I `� 8on-site spaces Outdoor Dining + 6 Spaces � � ,�• 38 Spaces Required aces oR��a _ '� /� . ' spaces " s 52 Spaces Provided '' z in-lieu spaces 2 F 1 P ®®® O P o6/o9/20z6 Com ,. N _ �. _...�� 11 Planning Commission - June 9, 2016 ting 080) SEW Poa r Rothschild 's U S a cqC/FORN�P UP2010-025 2,099 sq.ft. loam to 12am 46o sq.ft. 6-to 8- Request to Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gamto iopm,daily gam to 12am UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm Rothschil UP1851A(Issued 2000) 839 sq.ft.of net public loam to 12:3oam; 210 sq.ft. 7-feet PA2o16-o88 Type 47 area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily o6/o9/20i6 Community Development Department - Planning Division 12 Planning Commission - June • 2016 � 1: 1 Rothschild 's KA Ado ZZ _ ROTHSCHII i. /09/2016 •mmunity Development •- p. • 1 Planning Commission - June 9, 2016 ting 080) SEW Poa Recommendation 0 S a CgC,FORN�P UP2010-025 46o sq.ft. PA2ol6-o8o Type47 Bronze iron fence Live Entertainment z,ogg sq.ft. loam to lzam 42-inches in height 6-to 8- Requestto Off-site Parking net public area Fri/Sat to 12:3o am feet Open garrr Parking Waiver gam to iopm,daily gam to 12am BungalowUP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six (Issued 1996) 1,596 sq.ft. Lunch and 5Pm to 42-inches in height additional Type net public area 12am weekdays Y47 399 sq.ft.outdoor y 7-feet off-site Valet Service 11am to 1opm,daily parking Off-site parking dining in rear Outdoor Dining— (gam on weekends or spaces z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised .:: Type 47 839 sq.ft. loam to 12:3oam; terrace Tandem On-site Parking net public area daily Black wrought iron to 7-feet Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 14 Planning Commission - June 9, 2016 ting 080) Recommendation Oi a .C'4t/F00.N�P . Adopt Resolution approving Use Permit UP2016 -o1g (Avila 's Outdoor Dining ) Adopt Resolution approving Use Permit UP2o16 - 020 ( Bungalow's Outdoor Dining & Off- site Parking ) ■ Adopt Resolution approving Use Permit UP2016 -023 ( Rothschild 's Outdoor Dining ) o6/og/20i6 Community Development Department - Planning Division 15 � • • • • 1 • � 1 : 1 �# `�, ' "�� _ ,�. r ti', F a _ ti t ti ��� 4 � y . •