The URL can be used to link to this page

Home My WebLink About3.0 - The Cannery - PA2015-201 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 11 , 2016 Agenda Item No. 3 SUBJECT: The Cannery (PA2015-201) 3010 Lafayette Avenue Conditional Use Permit No. UP2016-032 APPLICANT: Robinson Hill Architecture, Inc. —Alex Arie OWNER: Cannery LLC PLANNER: Jason Van Patten, Assistant Planner (949) 644-3234, jvanpatten@newportbeachca.gov PROJECT SUMMARY The applicant proposes to convert a 249-square-foot portion of dining area at the first floor of an existing restaurant (The Cannery) to a bar area. The establishment operates under previously approved Use Permit No. UPI 521 and Accessory Outdoor Dining Permit No. OD2002-003. Based on the change in operational characteristics, an amendment to the approved use permit is required. No other operational changes are proposed. If approved, this Conditional Use Permit would supersede UPI 521 and OD2002-003. RECOMMENDATION 1 ) Conduct a public hearing; and 2) Adopt Resolution No. approving Conditional Use Permit No. UP2016-032 (Attachment No. PC 1). INTRODUCTION Project Setting The subject property is located in Cannery Village at the intersection of 31st Street and Lafayette Avenue on the Balboa Peninsula. The property consists of a two-story building and 47-space on-site parking lot. A 45-space off-site parking lot for restaurant use is located approximately 40 feet to the west, across Lafayette Avenue. Surrounding properties include residential dwellings to the north and east (across the Rhine Channel), and mixed-use structures to the south and west. 1 V� QP �P The Cannery Planning Commission, July 11, 2016 Page 2 VICINITY MAP 3to5 ,f _ yF 491 39� = A,: "r Off-Site Parking Lot g �; v • a �i — `K Subject roperty P , T f - - I> t•n �-" ^ 390 �w��,�� ;��.�. � pf GENERAL PLAN ZONING ,T 0 40 do M. % P f ` LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W2 (Mixed-Use Water Related) MU-W2 (Mixed-Use Water Related) Food Service NORTH RM (Multiple-Unit Residential) RM (Multi-Unit Residential) Residential Dwellings SOUTH MU-W2 MU-W 2 Mixed-Use EAST RM RM Residential Dwellings WEST MU-H4 (Mixed-Use Horizontal) MU-CV/15TH ST (Mixed-Use Mixed-Use Cannery Village/ 15th St 3 The Cannery Planning Commission, July 11, 2016 Page 3 Project Description The applicant proposes to convert a 249-square-foot portion of dining area at the first floor of an existing restaurant to a bar area. The interior net public area at the first floor would decrease by 95 square feet as a result of the the improvements. A total of 228 seats would remain for patrons within the restaurant and 44 seats on the outdoor patio. No other changes are proposed. The applicant's project description is included as Attachment No. PC 2. Table 1 Existing Vs. Proposed Operation Existing Proposed Net Public Area Seats Net Public Area Seats 1" Floor 2,579 sq.ft. 132 2,484 sq.ft. 118 2" Floor 2,208 sq.ft. 115 2,208 sq.ft. 110 Outdoor Patio 1,346 sq.ft. 26 1,346 sq.ft. 44 Total 6,133 sq.ft. 273 6,038 sq.ft. 272 Background The Cannery is an existing two-story restaurant with 273 (247 inside, 26 outdoor patio) seats in a 9,880-square-foot building. The restaurant currently operates Monday through Thursday, 11:30 a.m. to 9 p.m, Friday and Saturday, 11:30 a.m. to 10 p.m., and Sunday, 11 a.m. to 9 p.m. The restaurant possesses both a Type 47 (On Sale General — Eating Place) and Type 58 (Caterer Permit) ABC licenses. Discretionary Approval History On April 29, 1971, the Planning Commission approved Use Permit No. UP1521 , subject to 12 conditions of approval (Attachment No. PC 3). The approval established a restaurant use in a rebuilt two-story building, on-site tandem parking, and off-site parking. The first floor consisted of dining area and kitchen facilities and the second floor was designated as a bar and lounge area. There were no restrictions on the hours of operation. As a condition of approval a recorded parking agreement was required for restaurant use of the off-site lot across Lafayette Avenue. On February 21, 2003, the Planning Director approved Accessory Outdoor Dining Permit No. OD2002-003. The approval authorized the expansion of the existing outdoor dining area up to a maximum of 1,416 square feet and 57 seats (26 existing seats, 31 additional seats). Since the increased seating area was within 25 percent of the interior public area, no additional parking spaces were required. Outdoor dining hours were limited to 9 a.m. to 10 p.m., Sunday through Thursday, 9 a.m. to 10:30 p.m., Friday, Saturday, and holidays. All applicable conditions of UP1521 remained in force. The approved outdoor dining permit is included as Attachment No. PC 4. 4 The Cannery Planning Commission, July 11, 2016 Page 4 Table 2 Entitlement History Permit Indoor Outdoor Seating Required Parking UP1521 252 seats 26 seats 93 spaces Outdoor Dining Permit 2003 0 31 seats None Total Permitted/Required 252 seats 57 seats 93 spaces Total Proposed 228 seats 44 seats 81 spaces Following use permit approval in 1971, the City Council authorized a series of minor refinements to the parking and seating counts. Today, the restaurant is permitted to operate with a maximum of 309 seats (252 seats indoor and 57 seats on the outdoor patio). Parking is based on the use permit approval of 278 seats which requires 93 parking spaces (1 space per 3 seats). The entitlement timeline is provided at Attachment No. PC 5. The Zoning Code in affect at the time of the previous approvals calculated parking based on the number of seats (1 parking space/3 seats). Utilizing the previous parking demand standard and exempting the outdoor seating expansion approved in 2003, for the current operation requires 81 spaces (272 seats — 31 seats / 3 = 81). DISCUSSION Analysis General Plan, Coastal Land Use Plan, Zoning Code The subject property is designated Mixed-Use Water Related within the Land Use Element of the General Plan (MU-W2), Coastal Land Use Plan (MU-W), and Zoning Code (MU-W2). These designations apply to waterfront properties in which marine- related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The existing eating and drinking establishment serves the neighborhood, surrounding community, and visitors to the City of Newport Beach, consistent with the MU-W2 and MU-W designations. Therefore, the proposed project is consistent with the General Plan, Local Coastal Land Use Plan and Zoning Code. Food service, eating and drinking establishments which include the service of alcoholic beverages and late hours (after 11:00 p.m.) are conditionally permitted in the MU-W2 Zoning District, subject to the approval of a conditional use permit. The existing use permit authorizing the original restaurant will be amended to address the dining room conversion. The Cannery Planning Commission, July 11, 2016 Page 5 Parking, Outdoor Dining, Occupancy The associated off-site parking agreement acknowledges that the restaurant would operate with a capacity of 278 seats, requiring 93 off-street parking spaces (1 space per 3 seats). The applicant's proposal maintains 272 seats and 92 parking spaces (47 on- site and 45 off-site), consistent with parking requirements (272 seats/3 = 90.6 spaces) and the existing operations. The outdoor dining area consists of 1,346 square feet and 44 seats, which is less than allowed by the approved Outdoor Dining Permit No. OD2002-003. The size of the dining area will not change as part of this application. The draft resolution incorporates conditions of approval associated with OD2002-003, which limit the size of the outdoor dining area, number of seats, and hours of outdoor dining. If approved, this Conditional Use Permit would supersede OD2002-003. The applicant indicates there will be no increase in the existing occupant capacity. The current certificate of occupancy establishes an occupant load of 272 people. An occupant analysis verifying no increase in occupancy will be required prior to issuance of a building permit. Findings for Conditional Use Permit In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Cannery Planning Commission, July 11, 2016 Page 6 The conversion of dining area to a bar area does not change the principle use of the establishment, which is consistent with the General Plan, Local Coastal Land Use Plan, and Zoning Code. The use will remain an eating and drinking establishment and, as conditioned, will continue to comply with Zoning Code standards this type of use. The surrounding area contains various, retail, business office and visitor serving commercial uses including eating and drinking establishments that serve alcoholic beverages. The proposed area of alcohol service would be consistent with the existing and permitted nonresidential uses nearby that have bar areas. The eating and drinking establishment will close by 11 p.m., daily, consistent with the hours of other similar establishments and uses in the commercial area. The Police Department reviewed the change in operation and has no objection to the proposal. A memorandum is included as Attachment No. PC 6. The operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a food service, eating and drinking establishment and does not become a bar, club, or tavern. The applicant is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. All owners, managers, and employees selling or serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. Recommendation Staff recommends the Planning Commission approve Conditional Use Permit No. UP2016-032 to convert dining area to a bar area, superseding UP1521 and OD2002- 003. Alternatives If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application. A resolution for denial is included as Attachment No. PC 7 to help facilitate denial of the project. The Planning Commission would be required to make findings they deem necessary or warranted. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The Cannery is an existing food service establishment. The proposed project involves the conversion of dining area 7 The Cannery Planning Commission, July 11, 2016 Page 7 to a bar area. The interior improvements constitute minor changes and the existing restaurant will maintain the same size and operate in substantially the same capacity as it did prior to the change. 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 by: Submitted by: on �-- *na rn-;,-XW Ja on Van Patten, Assistant Planner i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Applicant's Project Description PC 3 Use Permit No. UPI 521 Approval PC 4 Accessory Outdoor Dining Permit No. OD2002-003 PC 5 Entitlement Timeline PC 6 Police Department Memo PC 7 Draft Resolution for Denial PC 8 Plans 8 Attachment No. PC 1 Draft Resolution of Approval 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2016-032 TO MODIFY THE OPERATIONAL CHARACTERISTICS OF AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3010 LAFAYETTE AVENUE (PA2015-201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alex Arie of Robinson Hill Architecture, Inc., with respect to property located at 3010 Lafayette Avenue, and legally described as Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, requesting approval of a conditional use permit. 2. The applicant proposes to convert a 249-square-foot portion of dining area at the first floor of an existing restaurant to a bar area. A total of 272 seats would remain for patrons of the restaurant. The interior net public area at the first floor would decrease by 95 square feet to accommodate the conversion. No other changes are proposed. This Conditional Use Permit supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003. 3. The subject property is located in the Mixed-Use Water Related (MU-W2) Zoning District and designated Mixed-Use Water Related (MU-W2) in the Land Use Element of the General Plan. 4. The subject property is located in the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 5. A public hearing was held on July 11, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The Cannery is an existing food service, eating and drinking establishment. The proposed project involves the conversion of dining area to 11 Planning Commission Resolution No. Ott Page 2 of 10 a bar area. The interior improvements constitute minor changes and the existing restaurant will maintain the same size and operate in substantially the same capacity as it did prior to the change. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 General Plan Land Use Element designates the site as Mixed-Use Water Related (MU-W2). This designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. 2. The existing eating and drinking establishment serves the neighborhood, surrounding community, and visitors to the City of Newport Beach, consistent with the MU-W2 designation. Therefore, the proposed project is consistent with the General Plan, Local Coastal Land Use Plan and Zoning Code. 3. Eating and drinking establishments are common in the vicinity and are complementary to the surrounding commercial uses along the Newport Boulevard business corridor. 4. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject property is located in the Mixed-Use Water Related (MU-W2) Zoning District. This designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Pursuant to Table 2-9 of Zoning Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements), food service, eating and drinking establishments with alcohol service and late hours (after 11:00 p.m.) are permitted subject to the approval of a conditional use permit. 05-26-2016 12 Planning Commission Resolution No. #### Page 3 of 10 2. The eating and drinking establishment operates under an existing use permit and accessory outdoor dining permit. The conversion of interior dining area to a bar area will not affect compliance with conditions established by the existing use permit and accessory outdoor dining permit. 3. The use will remain an eating and drinking establishment and as conditioned the project will continue to comply with Zoning Code standards for eating and drinking establishments. 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 surrounding area contains various, retail, business office and visitor serving commercial uses including eating and drinking establishments that serve alcoholic beverages. The existing restaurant will remain consistent with the existing and permitted nonresidential uses within the area after the conversion of dining area. 2. The eating and drinking establishment will close by 11 p.m., daily, consistent with the hours of other similar establishments and uses in the commercial area. 3. The operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a food service, eating and drinking establishment and does not become a bar, club, or tavern. 4. The establishment is required to comply with the City's noise ordinance and no outside paging system or outside amplified music is allowed. 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. Facts in Support of Finding: 1. The eating and drinking establishment has operated at the subject location since the early 1970's and has demonstrated that the site is physically suitable to accommodate the restaurant. 2. The Fire Department and Public Works Department reviewed the site to ensure adequate public and emergency vehicle access, and access to public services and utilities. 05-26-2016 13 Planning Commission Resolution No. #### Page 4 of 10 3. Any proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, 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 has been reviewed to ensure that the recommended conditions of approval 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 subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. The additional bar area for the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. The applicant is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. All owners, managers, and employees selling or serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-032, 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. 05-26-2016 1-� Planning Commission Resolution No. #### Page 5 of 10 3. This resolution supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003, which upon vesting of the rights authorized by this Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JULY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 05-26-2016 Z.�J Planning Commission Resolution No. #fit Page 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Applicable conditions of approval required by UP1521 and OD2002-003 are italicized and incorporated into the conditions herein) Planning Division 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. This Use Permit supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003. 5. First floor bar area devoted to the service of alcohol shall not exceed 249 square feet as shown on the approved plan. 6. The hours of operation of indoor dining area are limited to between 9 a.m. and 11 p.m., daily. 7. The applicant shall maintain the recorded parking agreement for the parking lot located on the westerly side of Lafayette Avenue, or a new agreement shall be prepared by the City Attomey and approved by the City Council; said parking agreement to maintain a flexibility in the parking arrangement subject to the approval of the Director of Community Development. 8. All applicable conditions of approval for Modification Permit No. MD2002-111 shall remain in force. 9. The accessory outdoor dining shall be used, in conjunction with the related adjacent food establishment, and shall be limited to 1,416 square feet maximum. 10. The seating within the outdoor dining area shall be limited to a maximum of 57 seats, unless an amendment to this Use Permit is approved. 11. The hours of operation of outdoor dining area are limited to between 9 a.m. and 10 p.m., Sunday through Thursday, and 9 a.m, to 10:30 p.m., on Friday, Saturday, and holidays, unless an amendment to this Use Permit. 05-26-2016 10 Planning Commission Resolution No. #### Page 7 of 10 12. The use of live entertainment and amplified sound or music shall be prohibited in the outdoor dining area. 13. The use of outside loudspeakers, paging system or sound system shall be prohibited in the outdoor dining area. 14. The use of area heaters shall be approved by the Building Division and Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises are prohibited, unless otherwise approved by the Fire Department. 15. 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. 16. 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. 17. 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. 18. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of TOOAM Between the hours of and 10:OOPM 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. Should problems arise with regard to noise associated with the use of the outdoor dining areas, the Planning Division shall require the removal of all or a portion of the outdoor dining area seating in those sections that contribute to the noise problems or complaints. 20. 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 05-26-2016 27 Planning Commission Resolution No. #### Page 8 of 10 current business owner, property owner or the leasing agent. 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 24. 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. 25. 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. The public sidewalks may also require periodic steam cleaning, as required by the Public Works Department. 26. 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 Division. 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). 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 28. 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. 29. 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. 05-26-2016 12 Planning Commission Resolution No. #### Page 9 of 10 30. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 31. 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 Cannery including, but not limited to, UP2016-032 (PA2015-201). 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. Fire Department 32. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more pursuant to California Fire Code Section 907.2.1 33. Fire sprinklers are required for Group A-2 occupancies with an occupant load of 100 or more pursuant to California Fire Code Section 902.2.1.2. Any occupant load increase will require fire sprinklers. Building Division 34. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 35. Plans must illustrate compliance with Chapter 11B of the California Building Code for accessible seating arrangement. 36. Restroom, path of travel to restrooms, elevator and entry ramp are documented as non-compliant for accessibility and may need to be updated to comply with current code as deemed necessary by the Building Division. 05-26-2016 29 Planning Commission Resolution No. #### Page 10 of 10 Police Department 37. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days after the appeal period. 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. 38. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 40. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 41. 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. 42. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 43. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 44. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 45. There shall be no exterior advertising or signs of any kind or type, including advertising director to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 46. Strict adherence to maximum occupancy limit is required. 05-26-2016 20 Attachment No. PC 2 Applicant's Project Description 21 V� QP �P The Cannery Newport Scope of work; Existing two story restaurant condition use to remain. Request is to amend existing use permit UP1521 and modify the operation.On the first floor we are proposing a new bar area less than 249 square feet and less than 25%of the areas upstairs devoted to alcohol. Actual area proposed 249 square feet. We are adding a low partition wall to separate the dining area from bar area. No other changes are proposed, no increase in occupancy and compliance with certificate of occupancy. Hours of Operation; Monday-Thursday: 11:30-9pm Friday and Saturday: 11:30-10pm Sunday: I1am-9pm ABC license type: Type Number DUP-58 383064 1 ABC lists active Type 47, no changes on ABC license type. Number of seats; Seating is compliant with no increase in occupancy. Existing seating 273, Proposing 272. Number of parking spaces; Parking is compliant based on use permit. Existing parking provided 92 20.54.070 Changes to an Approved Project Response Minor Changes approved by the director without a public hearing a. Project is consistent with all applicable provisions of this zoning code. b. Project does not involve or have findings or exemptions in a negative declaration or environmental impact report for the project. c. Project does not involve subject of condition of approval or specific consideration by applicable review. d. Project does not result in an expansion or change in operational characteristics. 23 V� QP �P Attachment No. PC 3 Use Permit No. UP1521 25 V� QP �P 3l't"F6. . ............. Adjourned' Planning Commission Meeti ng 0) Place: Council Chambers fmuns_ LA Ln -i t I U) Time: 8:100 P.M. ROLL CALL Date: April 29, 1971 INDEX Present K K x K K 4 Absent EX-OFFICIO MEMBERS Laurence Wilson , Asst. Community Development Direct or Dennis O ' Neil , Asst. City Attorney Benj am i n. L. Nolan, City :Engineer:-, STAFF MEMBERS E ' D., HeWicker., 'Zoning Administrator � James �He' feh' lie&ihann t;: :prior to consideration of� the -following ittm; Cha rma n y I d 'b; h 6k k stepodd, own , ecause � e "own5�;'Water.frbht,,:,prop'e.'rty:,�,�,� os- Y.; ommi.ssioner Ad *�ihson',.,.Stdpoe .� dbWh for the , same- reason�,and.- ,,: k d eca e.,� el.also represe nter6sts i ,the 'develop ' us nts s6r�6til -�,-;,,, ment A he �haarfng-,'was :Ondudted% by, Vice Charman Watson. Ya Ito i str i C t :t R,equiett ; to� permi t a�': restaurant:,�i n an M=1 D cl Ude' �'U tandem, parking �oh-si'i'6 and an off-'s i te parking PERMIT , 75' .......... No. Location : Lots I ;thru 7 Block 429;. Lancaster ' s' Add i ti on t located at 3010 Lafayette Street, on the east side APPROVED." of Lafa ette street between 30th Street and 31st ' y Stree M-1 Zone: ( Owner: ADDlicant : Unger Pacific Inci , Newport Beach Same as applicant Zoning Administrator Hewicker presented the application to the Commission and Mr. Craig Combs , architect representing Unger Pacific , Inc . , as well as Mr. Robert Unger addressed the Commission. There was, a lengthy discussion regarding the advisability of allowing tandem parking , the widening of Lafayette Avenue and is the construction of a walkway along the bay front. Mr'.Unger . ... i.ndicated 'his.. concern regarding public access, to the walkway. becau se..of,,,the f i s'h i ng. f 1 eet. and the clutter of ropes and gea -1 add the- �desire:tt6 maintain a maritimp. atmosphere. Instead of 910; Gil COMM155IONEkS CITY OFNEW Q h ;'H v O. G, MINUTES ROLL CALL '` > a April 29 , 1971 INDEX a walkway, a public pier was proposed which would extend six feet bayward from the 30th Street end. He explained that if the fishing fleet should abandon the area , he would agree to opening . up the waterfront walk to the public . Mr. Unger noted further that the restaurant complex would contain 7750 sq. ft, accommodating 250 persons while an additional 2150 sq. ft. would house specialty shops. Mr. Jim Cleft, on behalf of Mr. Robert C.. Kausen , President; of Cannery Tillage Merchants Association read into . the record a letter,. outlining, the goals of their organization ; mainly a., master pian for the area bounded by 26th. Street, 32nd. , Street. Newport Boulevard to the Rhine,., including Lido Peninsula: Mo}iorr X After further discussion , the application was approved , <<?;; Second X sub3ect to the following conditions Ayesr X X X Ab din X X 1 . The applicant shall obtain: a demol-ition permit: from Absent X the ,Community Devel opment' Department prior :to the r y, commencement; of demolition of any. structure on the',.. : sub c a, property:' ;ran t J fa f } At':no time shall tfie `offrstreet par king required result of the numerical combination of:.:appu.rtenant ' . ) ` commercial facilities 'and the occupancy Ioad.,of:�'tlie restaurant, as determined . by' the. Director of. Community it.. r Development and the Fire Marshal , exceed the available::r off=street parking indicated on the. plot plan. .: 3 1111 parking spaces shall- conform to city standards. and . ,all ' parking spaces abutting a property line or struc- ture shall be provided with wheel stops. The drive ways and off-street parking areas shall be paved and parking spaces lined thereon. 4 .. ' Landscape plans , including a watering facilities plari, prepared by a landscape architect, licensed landscape contractor or architect shall be submitted 'to and approved by the Director of Community Development. Landscaping shall be separated from paved areas by a raised curb six (611 ) inches in height. 5 , . All loading and unloading operations shall be perform- ed on the site , and loading platforms and areas shall be screened by a landscape or architectural feature, 6 . Standard improvements on Lido Park Drive , Lafayette Avenue, 31st Street and 30th Street shall be construct ed ;, including curbs , gutters , drive approaches , side- walks , street lighting and paving, 7 . Plans showing the. location , size -and copy of,,all signs shall be submitted to .and approved ,by the Director of i4«2t G ° ta.Wz;l •,i „� _ .page,. COMMISSIONERS ' ;' OMMISSIONERS W.. CITY C)F .NEW MINUTES April ,, 29 1971 ROLL CALL INDEX Community Development. 8. All storage of cartons , containers and trash shall be shielded hi. Ided from view within a building or within an area enclosed by a wall not less than six (6) feet in height. 9. The ap pli'cant shall acquire a. harbor permit. . 10. The parking lot located on the westerly side of >Uf ayette. Avenue shall be' §ubjedt :.t:o an. .off-site p.ark greement prepared by the City Attorney!and . n I600,roved by the City.: Council ; . said par Ity ai king agreemeh* ,' ', .......... to maintain :,a %f I 6&i 1 ity '!in tide:.parkingarrangement*.-� gbbject to . the. approval of the 'Djedor of Community : Development jl That oo S ; corner,: :ci t X, a radlu at the Lido"P iv ar r e intersection . � T 12 That pHVisiohof A. walkW'ay;.aIong. th"eT waterfront :be Ira fle, ipes � :an the' staff;::f, �report � tib' ack' to: W 1 Yng. o with: further recommendations pr16K� t0. AIssuana:building l 'Cha, rmdn.:Jakosky .and Commissioner Ad kinson returne Ctothe IT. d ai s Request: to subdivide 0. 955 acres into 5 single familyre' si = TENTATIVE dential lots and one lot to be utilized asA ' Orivate :drive-' MAP _C� located 7416: 'LO '-ok: Portion of Lot 17 , Newport Heights , at --2,4,26 E. 15th Street , on the northerly side of East CONTINUED 15t reet between Powell Place and Gary Place . U WE MA 20 Zone : R-1 Engineer: Ray Mercado, Garden Gr John Wielenga Constructi"'�G en Grove Applicant; on , krda brO t.reet between 7 � Motion" ol, ' A Owner : Donald . D. Andrews , Newport Beach S ec.' 'd c Second X Al 1`*,'Ay6s' Continued .untiI May 20 1.197.1 . ' the ap 1 ca. . .the requestof p�, i pant- ;2.: IT T'. ",P ., . :" 'J�,,z I V� QP �P 30 Attachment No. PC 4 Accessory Outdoor DiningPermit No. OD2002-003 �� 1 V� QP �P EW PQ CITI'OF NEWPORT BEACH Accessory Outdoor Permit No.OD2002-003 (PA2002-240) F �I rD, PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD c r NEWPORT BEACH,CA 92658 Staff Person: Javier S.Garcia,644-3206 cp aN (949)644,32200;FAX(949)644-3229 Appeal Period: 14 days after approval date February 21,2003 Cannery Restaurant 3010 Lafayette Ave. Newport Beach,CA 92663 Application No: Accessory Outdoor Dining Permit OD2002-003 (PA2002-240) Applicant: Jim Miller for the Cannery Restaurant Owner: Jack Kroul,Corona del Mar Address of Property Involved: 3010 Lafayette Avenue Legal Description: Lots 1-7,Block 429,Lancaster's Addition Application Request: Request to expand the outdoor dining area of an existing full-service restaurant. The property is located in the RSC District. Director's Action: APPROVED In this case, the Planning Director determined that the proposal would not be detrimental to persons, property or improvements in the neighborhood. The approved permit, to expand the existing outdoor dining area, is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: FINDINGS 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the property for "Retail and Service Commercial" land use. The proposed outdoor dining is an expansion of an existing dining area that is accessory to the subject restaurant, a permitted use within that designation. r 33 February 21,2003 • Page- 2 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class I (Existing Facilities). 3. The approval of this application will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The outdoor dining addition is subject to all the findings and conditions of approval of Use Permit No. 1521, which approved the original outdoor dining area and is not an independent use. The addition or expansion of accessory outdoor dining is allowed in accordance with the provisions of 20.82 of the Municipal Code. • The proposal entails the expansion of an existing outdoor dining area, with limited hours of use, which has been proven compatible with the surrounding land uses by its previous use. • The proposed limited hours of use should prevent noise from adversely impacting the nearby residential uses since the proposal does not include any noise- generating activities (i.e., entertainment)in the patio area. 4. The proposal is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: • The proposal entails the expansion of the existing outdoor dining area that is accessory to, and an extension of,the existing restaurant use. • The outdoor dining area will not create a reduction of existing parking spaces. • The restrictions on the use of solid roof structures, as applied to this approval, are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. The retractable patio cover and portions of fixed fabric patio cover are consistent with the legislative intent of the ordinance. CONDITIONS: 1. Development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted in the following conditions. 2. All applicable conditions of approval for Modification Permit No. MD2002-111 shall remain in force. 3. The accessory outdoor dining shall be used, in conjunction with the related adjacent food establishment, and shall be limited to 1,416 sq. ft. maximum (gross area, 776 square foot expansion of the original 640 square foot deck area), unless a use permit is obtained from the Planning Commission. In accordance with the provisions of Chapter 20.82, the proposed expansion is less than 25 percent of the authorized indoor net public area,which measures more than 4,000 sq. ft. 34 February 21,2003 • • Page- 3 4. Prior to implementation of the outdoor dining use, a revised, detailed seating plan shall be submitted to the Planning Department for inclusion in this file. The seating, within the outdoor dining area, shall be limited to a maximum of 57 seats, unless the Planning Commission approves an amendment to the use permit. 5. The hours of operation of the outdoor dining area are limited to between 9:00 a.m. and 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to 10:30 p.m. on Friday, Saturday and Holidays, unless an amendment to Use Permit No. 1521 and this outdoor dining permit are approved. Any increase in the hours of operation shall be subject to an amendment to Use Permit No. 1521 and this application. 6. Alcoholic beverage service shall be prohibited in the increased outdoor dining areas without prior approval of the Police Department and the Alcoholic Beverage Control Board. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 7. The seating, adjacent to the food use facility, shall be limited to the area as delineated on the approved site plan only. The approved outdoor dining area shall be located on a solid surface in accordance with the approved floor plan or seating plan. 8. The use of live entertainment and amplified sound or music shall be prohibited in the outdoor dining area. 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited in the outdoor dining area. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 35 February 21,2003 • • Page- 4 10. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment, if authorized inside the restaurant facility, to insure compliance with these conditions, if required by the Planning Director. 11. All doors and windows on the side of the building leading to the outdoor dining area shall remain closed while any approved, live entertainment is being performed within the building (if authorized by the use permit), except when persons enter and leave by the main entrance of the facility or out to the patio dining area. 12. All applicable conditions of approval of Use Permit No. 1521 and any subsequent amendments shall apply to this use and remain in force (copy available in the Planning Department). 13. The area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner. The public sidewalks may also require periodic steam cleaning, as required by the Public Works Department. 14. Trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 15. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises are prohibited, unless otherwise approved by the Fire Department. 16. The project shall comply with State Disabled Access requirements. 17. The facility shall be designed to meet exiting and fire protection requirements, as specified by the Uniform Building Code, and shall be subject to review and approval by the Building Department 18. The use of solid, permanent roof coverings or patio covers that act as all-weather enclosures shall be prohibited. 19. Should problems arise with regard to noise associated with the use of the outdoor dining areas, the Planning Department shall require the removal of all or a portion of the outdoor dining area seating in those sections that contribute to the noise problems or complaints. 20. Should this business be sold or otherwise come under different ownership, either the current owner or the leasing company shall notify future owners or assignees of the conditions of this approval. 3G February 21,2003 • • Page- 5 21. The Planning Department may add to, or modify, conditions of approval to this outdoor dining permit, or revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Director or the Planning Commission may also revoke this permit upon a determination that the operation that is the subject of this approval causes injury, or is detrimental to the health, safety,peace, morals, comfort, or general welfare of the community. The decision of the Planning Department is final;however,the approval is subject to call up by the Planning Commission or by the City Council for referral to the Planning Commission within 14 days of the date of the decision. Additionally, in accordance with the provisions of Section 20.82.080 of the Municipal Code,the applicant or any interested party may appeal the decision of the Planning Director to the Planning Commission within 14 days of the date of the decision. A filing fee of$875.00 shall accompany any appeal filed. PATRICIA L. TEMPLE,Planning Director By u `� Javi S. Garcia, ICP Senior Planner F:\USERS\PLN\Sh=d\PNs\PAs-2002\PA2002-240\OD2002-003appr.dm Attachments: Appendix cc: Cannery Restaurant 3010 Lafayette Rd. NewportBeach,CA 92663 Property owner Jack Kroul 1901 Bayadere Corona del Mar,CA 92625 Code Enforcement Officer 3� February 21,2003 Page- 6 APPENDIX Parking Requirement In accordance with the provisions of Chapter 20.82 of the Newport Beach Municipal Code, the addition or expansion of outdoor dining requires no additional parking if it is less than 25% of the interior net public area. The original outdoor dining area of 640 square feet was limited to a maximum seating capacity of 26 seats. That equates to one seat per 24.6 square feet of deck area. The expanded deck area of 776 square feet would allow for 31 additional seats in the outdoor dining area(rounding down to the nearest whole number).Therefore,the subject facility,based on the recommended restrictions (57 seats maximum), complies with the parking requirements specified by Chapter 20.82 with regard to parking and the parking characteristics of the use, adequate parking is provided on-site to serve the proposed use. Restroom Facilities The Building Department requires that the restroom facilities remain accessible to patrons during the regular business hours of the restaurant facility. Adequate facilities are provided within the restaurant building to meet the minimum Code requirement. 3g Attachment No. PC 5 Entitlement Timeline 39 V� QP �P �o THE CANNERY ENTITLEMENT HISTORY Application Hearing Date Description OD2002-003 2/21/03 Expand outdoor dining Limited to 1,416 gross (776 expansion +640 original) Max 57 seats 9-10p SU-TH, 9-10:30p FR, SAT, Holidays MD2002-111 12/4/02 Patio cover encroachment into bulkhead setback. (PA2015-240) UP1521 (A) & 12/8/97 Denied by CC MD1684 (A) 11/6/97 Approved by PC. Request change in operation to allow dance floor and amplified sound in conjunction with live entertainment. Resolution 8140 11/26/73 Amend off-site parking agreement in connection with UP1521 Use of valet; Use of tandem parking 45 spaces in the off-site lot Restaurant 278 seats* Parking Required 93 spaces Parcel A (on-site) 48 Parcel B (off-site) 45 *seat count substantiated in staff report that went to Council UP1684 8/2/73 Permit live entertainment,two year approval. Extended in 1975, 1977, 1982, 1984, 1987, and 1992 (due to expire in 1997). Resolution 7990 5/29/73 Amend off-site parking agreement in connection with UP1521 Revise off-site layout to contain one less space Restaurant 138 seats Bar 106 seats Total 244 seats Parking Required 82 spaces Parcel A (on-site) 49 Parcel B (off-site) 37 Resolution 7863 10/24/72 Off-site parking agreement; 38 spaces in the off-site lot UP1521 4/29/71 Construct phase one building and establish restaurant 9,912 sq. ft. building/7,750 sq.ft.for restaurant 1 space per 3 patrons @ 250 patrons max=83 Remaining 2,162 commercial @ 250=9 Total for all =92/ 102 available 41 V� QP �P Attachment No. PC 6 Police Department Memo 4s V� QP �P MNEWPORT BEACH POLICE DEPARTMENT BE� DETECTIVE DIVISION MEMORANDUM TO: Jason Van Patten, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: June 30, 2016 SUBJECT: The Cannery 3010 Lafayette Road Use Permit No. 1521 SA2015-014 (PA2015-167) At your request, the Police Department has reviewed the project application for The Cannery located at 3010 Lafayette Road, Newport Beach. Per the project description, the applicant is seeking Staff approval for substantial conformance with Use Permit 1521 which established the restaurant. The proposal is to convert 249 square feet of existing first floor dining area to a bar area for the service of alcohol. The applicant currently holds a Type 47 (On-Sale General - Eating Place) Alcoholic Beverage Control license, and a Type 58 Caterer's license. Although the Cannery closes at 11:00 p.m. on the weekends, there are no conditional restrictions prior to 2:00 a.m. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, and an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Crime Statistics Attached is a report compiled by Newport Beach Police Department (NBPD) 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 3010 Lafayette Road. 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) 15 which stretches from 37th Street to 20th Street. RD 15 is our highest crime area in Newport 45 The Cannery UP2015-014 Beach with significant quality-of-life concerns for the residents, as well as the Police Department. This location meets the legal criteria for undue concentration (B&P§23958.4). • In 2015, RD 15 had a total of 764 reported crimes • In 2015, RD 15 was 369% over the city-wide average of reported crime • In 2015, RD 15 had 625 arrests • In 2015, 56% of arrests in RD 15 are directly related to alcohol Alcohol License Statistics The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 6,342 residents with 74 on-sale licenses. That is a per capita ratio of 1 license for every 627 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on-sale per capita ratio of 1 license for every 737 residents. This location meets the legal criteria for undue concentration (B&P§23958.4). To put alcohol license data in more relatable terms speaking about RD 15 only: • RD 15 has 70 on-sale ABC licenses • RD 15's total per capita ratio of on-sale licenses is 1 license for every 40 residents • RD 15's total per capita ratio of all retail licenses is 1 license for every 38 residents • Orange County's per capita ratio of retail licenses is 1 license for every 381 residents • RD 15 is significantly over saturated Discussion and Recommendations The above statistical information is provided for reference. The applicant is requesting to exchange area devoted to food sales for area devoted to alcohol sales. Therefore, it is important to understand the scope of the public safety concerns related to alcohol in the applicant's immediate area. The Police Department understands the demographics and crime problems within RD 15 vary greatly by neighborhood, and that Cannery Village may be poorly represented by the whole. We note the crime statistics of the entire reporting district because our resources are responsible for policing the entire area. Each neighborhood is affected by the calls for service of another within an RD. The attached statistics sheet provided indicates 27 police calls for service were made to the applicant address during the 2015 calendar year. Of those calls; 3 involved over-service of alcohol to the extent police assistance was needed. In 2016 year to date, police have responded to the applicant address 3 additional times regarding over-service. The Police Department has no objection to the addition of the downstairs bar area if the closing hour does not surpass 12:00 midnight. The applicant is currently conditioned to close at 2:00 a.m. every day. Per the applicant's website, food service at the Cannery currently ends at 10:00 p.m. on the weekends. The Police Department would like the CUP to reflect their current business practice more accurately so we can ensure consistency moving forward. In addition, we would like the following conditions be added to bring the location's Use Permit up-to-date with current standards. 2 40 The Cannery UP2015-014 Per the municipal code, should the conditional use permit be amended, an Operator License will be required if the applicant has live entertainment, or is open after 11:00 p.m. A security plan provided by the applicant will be required as an addendum to the License. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The hours of operation shall be limited to 6:00 a.m. to 12:00 midnight daily. 2. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this 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. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 5. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 6. 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. 7. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 8. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 3 47 The Cannery UP2015-014 11. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 12. Strict adherence to maximum occupancy limit is required. 13. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. 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. 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. Wendy oe Police C' ilian Investigator, Special Investigations 0 UL4 Brad Miller Sergeant, Special Investigations Jay Short Lieutenant, Detective Division David W. McGill Deputy Chief 4 42 NEWPORT BEACH POLICE DEPARTMENT "eWPa`r a a r- aa C r6m,e,A mcaysik Unit � m Chief lay R.Johnson 870 Santa Barbara Drive - Newport Beach -CA 92660- 949.644.3791 c'�/rat�`! 2014 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law l Active License Per Subject: Intoxication •, Licenses Capita 3010 La Fayette Rd 31 0 4 na[applicable 2 not applicable Subject RD: 9,225 182 620 6,518.62 668 102 302 6 360 75 37 RD15 Adjacent RD: 4,043 68 163 4,123.71 162 1 62 _ 106 6 275 RD13 Adjacent RD: 4,274 75 203 3,169.91 207 27 75 4 217 6 394 RD16 Adjacent RD: 4,000 78 121 2,776.79 105 14 6 36 78 RD25 Newport Beach 97,838 2,067 3,579 2,421.06 3,151 496 691 16 1,090 450 189 California not available 1,210,409 not available 3,249.08 1,183,470 10"�3. -.904 not available 82,597 451 National not available 10,189,900 not available 3,300.42 12,408,899 1,215,077 534,218 500,648 not available not applicable not applicable Summary for The Cannery at 3010 La Fayette Rd (RD15) In 2014, RD15 had a total of 802 reported crimes,compared to a city-wide reporting district average of 149 reported crimes. This reporting district is 653 crimes,or 438%,OVER the city-wide average. The number of active ABC licenses in this RD is 75,which equals a per capita ratio of one license for every 37 residents. Orange County averages one license for every 494 residents and California averages one license for every 451 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Part 1 Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide, Rape, Robbery,Aggravated Assault, Burglary,Larceny-Theft Auto Theft,and Arson. This report reflects City of Newport Beach raw crime data for 2014,through December 31,before unfounded crimes are removed. California and National crime figures are based on the 2012 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part 1 Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of the date of this document. All Population figures taken from the 2010 Us Census. 49 11/16/2015 Additional Information Highest Volume Crime in Calls for Service RD15 at 3010 LaFayette Rd Vandalism ATTEMPT TO LOCATE 1 MEDICAL AID-PD C3 RESP 1 Simple Assault AUDIBLE ALARM UNKTYPE 1 MEDICALAID NO PD RESPONSE 3 BURGLAR ALARM AUDIBLE 3 OUT FOR FOLLOWUP 1 i Highest Volume Crime in BURGLARY ALARM AUDIBLE 3 PERSON DOWN 1 . CITIZEN ASSIST 1 SUSPICIOUS CIRCUMSTANCES 1 . Simple Assault DISTURBANCE 3 SUSPICIOUS PERSON 1 i DRUNK DRIVER 2 SUSPICIOUS SUBJECT 1 . Highest Volume Crime in DRUNK IN PUBLIC 5 VEHICLE STOP 1 , RD16 FIRE MISC NO PD RESPONSE 1 WELFARE CHECK 1_� Residential Burglary Grand Total 31 Highest Volume Crime in Burg/Theft From Auto 50 Attachment No. PC 7 Draft Resolution of Denial 51 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2016-032 TO MODIFY THE OPERATIONAL CHARACTERISTICS OF AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3010 LAFAYETTE AVENUE (PA2015-201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alex Arie of Robinson Hill Architecture, Inc., with respect to property located at 3010 Lafayette Avenue, and legally described as Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, requesting approval of a conditional use permit. 2. The applicant proposes to convert a 249-square-foot portion of dining area at the first floor of an existing restaurant to a bar area. A total of 272 seats would remain for patrons of the restaurant. The interior net public area at the first floor would decrease by 95 square feet to accommodate the improvements. No other changes are proposed. This Conditional Use Permit supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003. 3. The subject property is located in the Mixed-Use Water Related (MU-W2) Zoning District and designated Mixed-Use Water Related (MU-W2) in the Land Use Element of the General Plan. 4. The subject property is located in the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 5. A public hearing was held on July 11, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 153 Planning Commission Resolution No. Ott Page 2 of 3 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: Findings for Conditional Use Permit A. The use is consistent with the General Plan and any applicable specific plan; 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; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity, 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 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 Not in Support of Findings 1. The Planning Commission determined, in this case, that the conversion of dining area to a bar area at an existing food service, eating and drinking establishment is not consistent with the purpose and intent of Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The applicant's request may increase alcohol-related crimes and calls for service and negatively impact police-related response. 3. An increase in floor area devoted to alcohol sales may impact surrounding residential uses, some as close as 75 feet from the subject property. 4. The existing restaurant currently devotes portions of the second floor to alcohol sales. An increase in the floor area devoted to alcohol sales at this particular location does not serve public convenience and necessity as other outlets are easily accessible to the consumer. The establishment is in close proximity to many other eating and drinking establishments that sell and serve alcoholic beverages. 05-26-2016 54 Planning Commission Resolution No. #### Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2016-032. 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 11TH DAY OF JULY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 05-26-2016 55 V� QP �P Attachment No. PC 8 Plans V� QP �P �g PA2015-201 Attachment PC 8 - Project Plans 000 robinson hill architecture, Inc. ry N rt o A California Corporation The Canne ewpo3195—B Airport Loop Dr. ° Costa Mesa, CA 92626 ° tel. 714-825-8888 fax 714-825-8889 ° web www.rhainc.net 0 estauran em rovemen Michael David Robinson: G20731 ° John Steven Hill: C-23553 0 0 This document, and the ideas and designs incorporated here—in, as on instrument of professional service, is the property of Robinson Hill Architecture, Inc. (rho), and is ° not to be used in whole or in part, for any other project 3 0 I 0 Lafaye-fte Road withoal the written oafhorization of rho. This docamant is ° not to be reproduced and/or modified in any way, nor shall any reproduction of this document be modified o without the prior written consent of rho. 0 This document has been prepared to describe proposed new work and does not necessarily represent os-built or 0 existing conditions. The Architect does not warrant, in any way, the accuracy of this Information and shall not be New ort Beach CA 92663 responsible for any discrepancy between th s document ° pand the existing conditions. 0 Owner 0 The Cannery Seafood of the Pacific 0 Mr. Ron Salisbury 816 E. Whittier Blvd. 0 La Habra, CA 90631 0 0 DRAWING DIRECTORY PROJECT TEAM PROJECT INFORMATION 0 Consultant PROJECT ADDRESS RESTAURANT OWNER 0 3010 LAFAYETTE RD.. THE CANNERY SEAFOOD OF THE PROJECT SCOPE EXISTING RESTAURANT TENANT IMPROVEMENT; TO INCLUDE A NEW <250 SQ FT, ACTUAL PROPOSED AREA 249 SQ. FT ° • T0. I TITLE SHEET - PROJECT INFO NEWPORT BEACH, 92663 PACIFIC BAR DEVOTED FORALCOHOL SALES ON THE FIRST FLOOR WITH NEW SEAT ARRANGEMENT PER NEW LAYOUT. EXISTING ° PARKING TO REMAIN. 0 • A0. I SITE PLAN 816 E. WHIT-FIER BLVD. • A1 .0 FIRST AND SECOND FLOOR PLAN LA HABRA, CA 90631 PROPOSED USE RESTAURANT (NO CHANGE) 0 Stamp • A1 . 1 FIRST FLOOR BAR AND ELEVATION CONTACT: MR. RON SALISBURY OCCUPANCY A-2 0 CONSTRUCTION TYPE 11-B 0 NO OF STORIES 2, (PROPOSED WORK LIMITED TO GROUND LEVEL ONLY) 0 J K2. IST FLOOR PLAN SCOPE OF (N) INTERIOR BAR <250 SF. ACTUAL PROPOSED 0 Z O K2.2 2ND FLOOR PLAN WORK AREA AREA 249 SF. Lu ° Submittal Dates U ° z I st City Submittal 05.19.15 Lu ARCHITECT ° Planning Dept. Review 07.15.15 ROBINSON HILL ARCHITECTURE, INC. ° Planning Resubmittal 10.30.15 3195-B AIRPORT LOOP DRIVE 0 COSTA MESA, CALIFORNIA 92626 0 PHONE: 714.825.8888 CONTACT: MR. ALEX ARIE 0 0 Rev. Description Date 0 0 0 0 0 0 0 VICINITY MAP 0 0 ° 0 0 Project Type 0 ° 0 ° 0 f 11 tell °` cruise `� u:c ` r f y� � S THE CANNERY NEWPORT �'f a ° T t ! � } Bank c a „r 1, 0 j;I��''�� "'"�:"'� �er 3010 LAFAYETTE RD. zpma NEWPORT BEACH, CA 92663 ° O 0 , ° C) N ° m w Q O\ W U Finley Ave 0 w w = ° 0 LLu Via Malaga fi,� 01-1 ' ahatin6s (j LJJ Q w m CY 2n St Via Lido � °�0 � U z E _ z Jm z o o T Rudy's Pub&Grill 63 Y! 89=VFlacl Fish o = o- Q oM w 31st St ~� 0 U ' � U w Marna D's Maly KiL1ue j yC 6udd9ta s z LJJ Fayll I �v fill 4�4� I— Newprmt Beach Blue Walla Grill Nowport Beath Brttwkng Co W —I 2 g e $ 4 p °'� 0 O BUIT'Wll.a. o Realty0J Q 0 V si C7 ° v F,rmrzAeiato&Coffee ° Sheet Title If Dino Mehaffle Finc Art Studio fp Rarri Mexiran Restaurant =1 iRtlk Inn By The Bay t'r tP 116 l d 0 O 0 ILL_ G t A American t �f��a,r w z LU - Junkle �j t U w w w Wordy'swharf-NEwpon ° ° 0 ° Job Number: 15RHA560.CI 0 Date: 07. 15.2015 0 Sheet No.: 0 0 ° TO , I �9 PA2015-201 Attachment PC 8 - Project Plans Site Plan Key Notes 000 (E) WATERFRONT CANAL robinson hill architecture, inc. 18 17 19 18 O1 (E) AC PAVING o A California Corporation 02 (E) 36" SQUARE INTERNATIONAL SYMBOL OF ACCESSIBILITY PAINTED IN WHITE ON 3195-B Airport Loop Dr. A BLUE BACKGROUND ° Costa Mesa, CA 92626 o tel. 714-825-8888 03 (E) VAN ACCESSIBLE PASSENGER LOADING AISLE PAINTED IN 4" BLUE DIAGONAL fax 714-825-8889 STRIPING AT 36" O.C. ° web www.rhainc.net 04 (E) POLE MOUNTED VAN ACCESSIBLE PARKING SIGN, SEE DETAILS. ° Michael David Robinson: C-20731 OS (E) PROPERTY LINE ° John Steven Hill: C-23553 O Ob (E) DRIVEWAY o o This document, and the ideas and designs incorporated 29 07 (E) CONCRETE WHEEL STOPS here—in, as on instrument of professional service, is the property of Robinson Hill Architecture, Inc. (rho), and is Q7 ° not to be used in whole or in part, for any other project 08 (E) GAS METER 04 04 27 ❑ without the written authorization of rho. This document is TYP 15 DPATIO INING ` 09 (E) ELECTRICAL TRANSFORMER ° not to be reproduced and/or modified in any way, nor q d shall any reproduction of this document be modified m o without the prior written consent of rho. 1 STALLS®6'-6'=93' E3 26 10 (E) MONUMENT SIGN T -LJ-�_ ZT o This document has been prepared to describe proposed II O 11 (E) CONCRETE FILLED STEEL PIPE BOLLARDS new work and does not necessarily represent os-built or �'2 0'2 0°❑ ° existing conditions. The Architect does not warrant, in any a 12 (E) PLANTER way, the accuracy of this information and shall not be 16 1L_ 13 VAN VAN — ---------- o responsible for any discrepancy between this document ` 13 (E) RAISED PLANTER and the existing conditions. 16 (E) PUBLIC o PEDESTRIAN 14 (E) WHEELCHAIR RAMP 03 14— DINING ^sa COURT 15 (E) WOOD DECK ° Owner AREA ° The Cannery Seafood of the Pacific m 16 (E) EXIT STAIR ° Mr. Ron Salisbury 11 STALLS @ff-6'=93 ® ® ° 17❑ (E) FLOAT ° 816 E. Whittier Blvd. 0 0 0 0 0 18 (E) RAMP DOWN TO FLOAT La Habra, CA 90631 02 02 O \r ° 19 (E) PUBLIC SIDEWALK 13 6� VAN VAN Ij ` 20 ° (E) TELEPHONE POLE o Consultant 21 (E) FIRE DEPARTMENT CONNECTION Y u❑�.= o 22 (E) ELECTRICAL DISTRIBUTION BOARD o 24� TYP 25 i;, II t J ill a O ------' 23 (E) MAIN ENTRY STAIR ° _ o OS < O1 13 i 3'`,RAREAO 1 24 ACCESSIBLE PATH OF TRAVEL o EXISTING VALET 2a'-o v2[ � j O #4 o 0 o STAIR 25 (E) 8" SQUARE SIGN WITH INTERNATIONAL SYMBOL OF ACCESSIBILITY AND o it — -- DIRECTIONAL ARROW INDICATING ACCESSIBLE PATH OF TRAVEL. MOUNTED ON Ob PARKING LOT A] 25 HALLWAY WALL AT 30"AFF o Stamp 16 (E) 8" SQUARE SIGN WITH INTERNATIONAL SYMBOL OF ACCESSIBILITY, MOUNTED ° ON WALL ADJACENT TO DOOR AT 48"AFF ` NP' HOSTESS STAIR ELEVATOR ___ 27 (E) 8" SQUARE SIGN WITH INTERNATIONAL SYMBOL OF ACCESSIBILITY, MOUNTED o 11 ❑ #z - d p _ __�I ON STEEL COLUMN AT 48"AFF ° sTAL s@e's^=ss' ® - 28 (E) SERVICE YARD &TRASH AREA o 11 Hw�i y ® � HALLWAY , rAIR jLNU, (E) HOSTESS STAND TO REMAIN ° TAIEOYER SR Submittal Dates sm KITCH -----� o 21 13 #3 ii1 L V o 1 st City Submittal 05.19.15 n _J ___ COOK PREP Planning t. Review 07.15.15 LINE cooK PAIN PAIN ° g De P _--- MEN'S - -- 1 1 23 RESTROOM SE6RAVIRCE o Planning Resubm ttal 10.30.15 TYP 10 ® DISH STORAGE 0HA ` o 10 STALLS Cc 8'-6"=85'-0" LOUNGE o 08 adi" 0 DRY > POT aeuv Tres 28 0 4 STORAGE _— WASHING 10 m PANTRY 07 FF-T, I ° Rev. Description Date 09 (�tYP LA Guou____ PREP WOMEN'S n,°i=" KITCHEN 13 ReSnOOM COOLER COOLER KEYNOTES EXISTING VALET PARKING LOT'A (E) 47 PARKING SPACES ° 0 12 19 20 21 22 ° EXISTING VALET PARKING LOT'B' (E) 45 PARKING SPACES o 06 ON ADJACENT LOT 0 0 TOTAL (E) PARKING SPACES : 92 ° LAFAYETTE ROAD o Project Type ° 0 1. GC TO VERIFY ALL (E) DIMENSIONS IN FIELD AND ADVISE ARCHITECT OF ANYCAH o DISCREPANCIES. 0 0 SITE PLAN SCALE: 1/4" = 1 -0 10 1 ° ° 0 LAFAYETTE ROAD ° O ° 0— M o o I— 011 o z X w ° LL_ LL1 > � U LLJQ W z z120 J zo0 / < < � / = � LU STALL COUNT U w zz W Y L EXISTING VALET PARKING LOT'B' o / ON ADJACENT LOT 0 0 o 0 / Sheet Title ° ° 0 12 13 0 z ° W ° ° ° N J 0 0 5/ o 0 0 0 0 Job Number: 15RHA560.CI ° Date: C=H 07. 15.2015 ° Sheet No.: 0 SITE PLAN - OFF-SITE PARKING LOT SCALE: 1/1611 = 1'-0" 02 NOTES A01 I PA2015-201 Attachment PC 8 - Project Plans robinson hill architecture, inc. IE)EXISTING HOSTESS o A California Corporation PUBLIC SPACE CALCULATION 3195-B Airport Loop Dr. ° Costa Mesa, CA 92626 2016 PROPOSED BAR EXISTING RESTAURANT ° tel. 714-825-8888 fax 714-825-8889 O O O O O O FIRST FLOOR SQ. FT. FIRST FLOOR $Q, FT. web www.rhainc.net DINING 1,709 DINING 2.053 ° Michael David Robinson: C-20731 BAR AREA 249 FOYER 293 ° John Steven Hill: C-23553 FOYER 293 LOUNGE 233 0 LOUNGE233 0 This document, and the Ideas and designs incorporated PATIO PATIO here-in, as on instrument of professional service, is the DINING DININGproperty of Robinson Hill Architecture, Inc. (rho), and is o H H H H 1,346 SO.FT. SECOND FLOOR SECOND FLOOR not to be used in whole or in o part, for any other it without the written authorization of rho. This documentent is r T rT4 __ r T TZ1TrTF LOUNGE 1880 LOUNGE 1,880 0 not to be reproduced andror modified in any way, nor 1 1 T F --- T1 11 I I I TT_T TT- I I shall any repmduc8an of this document be modified I I I 1 1 1 1 1 '1 I � I I I I I I I-I 'I I O O LANAI 328 LANAI 328 ° without the prior written consent of rho. II III II II III II Isi o This document has been prepared to describe proposed new work and does not necessarily represent os-built or ----------------------- ----------------------- -------------- O TOTAL INDOOR NPA 4,692 SF TOTAL INDOOR NPA 4,787 SF 0 existing conditions. The Architect does not warrant, in any ----------------------- ----------------------- -------------- �` �, way, the accuracy of this information and shall not be r ' PATIO PATIO 0 and theexistingconditions.ncy between this document EXISTING PATIO TO REMAIN 1,346 SF EXISTING PATIO TO REMAIN 1,346 SF ° ° `, 0 Owner DINING DINING AREA AREA 0 The Cannery Seafood of the Pacific O O r ° ° 0 Mr. Ron Salisbury ® ° ° ® ° ° � ° � 816 E. Whittier Blvd. ® a 0 0 o o o 0 La Habra, CA 90631 0 O `�, °. ° O '\` 0 o In, 0 0 Consultant "x 0 o Q;m w ` PARKING CALCULATION 0 \ ° 2016 PROPOSED BAR 1973 EXISTING RESTAURANT ° LEE-r� z fo - o -' NEWPORTBEACHMUNICIPAL CODECH 2040 U5EPERMITNO. 1521-1971&1973 AMENDMENT5 ° °� O ° o —� N G JI 111 G I o m w ° o 0 ° IC� RIC REQUIRED PARKING; Stamp Z BA AREA �;n I m 111111 O o a �o xD 0 < I� o TOTAL ALLOWED SEATING CAPACITY:278 0 ~ pl til a #41R ° iii STAIR o HALLWAY '!' -- -- HALLWAY PROPOSED SEATING CAPACITY 272/3 3 SEATS/ REQUIRED PARKING SPACE (278/3) 0 (E)DINING AREA AND -Z M2_ LOCATION OF PROPOSED ELEVATOR """ 01 ELEVATOR "" - HosrEss STAIR - A,1.1 HosrEss srA1R - TOTAL STALLS REQUIRED, 91 S REQUIRED: 93 CHANGES TOTAL STALL _ Submittal Dates #2 - + I ------ 1 o O ---� � - _� � O -� � TOTAL STALLS PROVIDED: 92 TOTAL STALLS PROVIDED; 93 0 1 st City Submittal 05.19.15 ' ® STAIR _ HALLWAY i ` STAIR 1 1 �� HALLWAY i ° Planning Resubmittal 10.30.15 FOYER # ' IN)PROPOSED BAR AREA FOYER STAIR KITCHEN 9 --J PROPOSED AREA DEVOTED STAIR 1 1 KITCHEN _---__—_J o #3 j 1 1 j o --- ALCOHOL SALES #3 I I L LL1i 249 SF L LL11 o COOK PREP COOK o PREP ° LINE COOK LINE COOK .., ° L if MEN'S o MEN'S Y � ,...,,r RESTROOM ° ® SEAR — E J RESTROOM I ° ® SERVICE -----_--- DRY -- — -- Ba_, mDRY ° Rev. Description Date N iI- DISH STORAGE 0 N DISH STORAGE ❑ WASHING ; DEVOTED ALCOHOL AREA CALCULATION ° WASHING ° mill D 11119 „ LOUNGE „ LOUNGE snr "'" 2016 PROPOSED BAR o :, o 0 - H MI F DRY ' POT , DRY ° POT EXISTING 2ND FLOOR DEVOTED ALCOHOL SALES AREA: 1,003 SF ° S - STORAGE AWASHING r STORAGE RIF WASHING PANTRY PANTRY A J 7 ° all I w-I I IPROPOSED I ST FLOOR DEVOTED ALCOHOL SALES AREA: 249 SF 0 YI ryry o^o WOMEN'S COOLER COOLER RESTROOM ^o o. ° COOLER 51 COOL TOTAL NET 2,002 SF ° RESTROOM � ` ti PREP wunul111 I RESTROOM PREP E IHH HIIIIII IIIIIRHHHHYY O KITCHEN WOMEN'S KITCHEN __ R 25%OF EXISTING ALCOHOL SALES AREA:(1,003 x 0.25) = 249 SF OR LESS MAX ALLOWED ° sill ° 249 SF PROPOSED 0 0 Project Type EXISTING FIRST FLOOR PLAN PROPOSED FIRST FLOOR PLAN ° SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" ° 0 0 0 0 0 0 L.L SEATING COUNT CALCULATIONS 0Q 2016 PROPOSED BAR EXISTING RESTAURANT ° F10 -- O a C CD C O CD 0 � ---- ® 0 C ® C FIRST FLOOR SEATS FIRST FLOOR SEATS 0 011 DINING AREA 132 DINING AREA 98 ° LJJ m= W U a PATIO DINING 44 PATIO DINING 26 0 X w z LANAI ® O LANAI FIRST FLOOR PROPOSED BAR ° w I �� t BAR 284"/(I 8"/OCC) 15 � � � � � DRY BAR HC SEAT 1 u] Lli STORAGE \., �sroRACE BAR 4 �\ \ /Th ��\ \\ o ° 0 � zg � J SUBTOTAL 162 SUBTOTAL 158 ° Zm 00 CSECOND FLOOR SEATS(INCLUDES BAR SEATING) SECOND FLOOR SEATS(INCLUDES BAR SEATING) 0 Q O LOUNGE 97 LOUNGE 100 ° = U LL I '' t LANAI 15 0 (� w z BAR BAR I LANAI 13 OCKTAIL °I BELOW III ' L OUNGE TO of L----- 0 Z L-L� OUNGE OPEN I � OUNGE OPEN ILI BELOW El D SUBTOTAL 110 SUBTOTAL 115 T EXISTING AREA DEVOTED ALCOHOL SALES 1092 5F % I C TOTAL ALLOWED SEATS: 278 SEATS PER UP[ TOTAL ALLOWED SEATS: 278 SEATS PER UP I �' -- - --------- C I C3 --------- ': TOTAL 273 SEATS TOTAL 272 SEATS 0 ° o C) O o ° ° ® 0 0 ® -- ° ELEVATOR ° ELEVATOR 0 0 U 0 — — — ° 40 ------------------------------- ------------------------------- Sheet Title OPEN ELEVATOR OPEN ELEVATOR 0 TO RAW LOBBY TO RAW BELOW BAR BELOW BAR LOBBY 0 IFo *11rz 8 ® ° WOMEN'S "� WOMEN'S o DRY RESTROOM DRY RESTROOM o J STORAGE I F--7 STORAGE ; F----i IJ o \ I o o ®�� ifs z o U MECH. HALLWAY °' 01 MECH. HALLWAY U E01 QUIP. EQUIP. ROOM %_J L ` ROOM LLJ _ L.--� L— \ � DUCTSHAFT MEN'S L-'i DUCTSHAFT MEN'S $ .RESTROOM RESTROOM 0 z EMPLOYEE �F EMPLOYEE OFFICE h'' OFFICE LOCKER l LOCKER l o LIQUOR ROOM LIQUOR C MECH. J C MECH. �' J _ �' ROOM ROOM STORAGE= JANITOR ROOM STORAGE ' JANITOR ° CLOSET a CLOSET LL Fri irLEGEND ° Job Number: ° 15RHA560.C1 PUBLIC INTERIOR SPACE 0 EXISTING SECOND FLOOR PLAN PROPOSED SECOND FLOOR PLAN Date: _ '-0' „ PUBLIC PATIO SPACE ° 07. 15.2015 SCALE: 1/8” — SCALE: 1/8" = 1'-0" ° _ AREA OF DEVOTED ALCOHOL SALES Sheet No.: 0 0 NOTES ° Al , O /� 01 PA2015-201 Attachment PC 8 - Project Plans O1 WOOD FINISH, STAIN TO MATCH EXITING. o 0 000 2 WOOD CAP FINISH, STAIN TO MATCH EXITING. ° robinson hill architecture, Inc. 03 WOOD BASE FINISH, STAIN TO MATCH EXITING. ° A California Corporation 04 (E)TO REMAIN. 3195-B Airport Loop Dr. ° Costa Mesa, CA 92626 0 tel. 714-825-8888 fax 714-825-8889 ° web www.rhainc.net ° Michael David Robinson: C-20731 ° John Steven Hill: C-23553 ° 0 This document, and the ideas and designs incorporated here—in, as on instrument of professional service, is the 0 property of Robinson Hill Architecture, Inc. (rho), and is not to be used in whole or in part, for any other project without the written authorization of rho. This document is ° not to be reproduced and/or modified in any way, nor shall any reproduction of this document be modified 0 without the prior written consent of rho. 0 This document has been prepared to describe proposed new work and does not necessarily represent os-built or ° existing conditions. The Architect does not warrant, in any way, the accuracy of this Information and shall not be responsible for any discrepancy between this document 0 and the existing conditions. 0 0 Owner The Cannery Seafood of the Pacific X X Mr. Ron Salisbury 816 E. Whittier Blvd. ° La Habra, CA 90631 0 ° 0 Consultant 0 0 0 ° ° P I) ° Stamp e P) II CD ` G ° f NOTES 0 I I, p 0 p G IIII Submittal Dates oz , I ° p I st City Submittal 05.19.15 p �) o Planning Dept. Review 07.15.15 Planning Resubmittal 10.30.15 01 PI , M o ° ° Rev. Description Date 9'-5 5/8" 6'-3" ° ° ° 0 ° ° ° 0 ° ELEVATION SCALE: 12" = 1'-0' 02 ° Project Type 0 0 V� V� ° 0 ° �16'-2 3/4" BAR AREA 3/4" BAR AREA �1 ° O -i % ° M - f ° N,0 01 I II I i' � N I O ~ 1 I I 0 = w O U - X Z w - "' ° LLw � U 00 >7 Q co O LL co - W Q W Q m I � 72.7523 02 21-31/211 \\' Zg � ZCQ z o0 \ 2'-3" Q Q � � \\ 0iii� 66.0002 BAR AREA U w U z \ Z Li I 1 I I I `Q m Z Q = � Q - �— -- , -- - -- - -- --_ __ -� — W Cn QiI ii ii I._ 11 m N d 6. N\ Q ii ill La ° it 11 it � \\ m LLJ'' -4---- { - Q Of o I' 1 1 --- -------- E0 I I it Q I i ��li, i li i II ji m ° Z Q mi ii Q o �W/ _ 0 Sheet Title z N j Q j Q Ml li li ° O < � III Q �i LIQ—II --- -- -------- 1W C41 —'Lo Q d, I ..� 1 M 00 �I ° I> z it �1 W A \REA -- o I III z CN I I II I 1 Q N 1 Co AS 0 O 'a O`O 1 I O O 1, � 1 ,, � � I; 4'-8" B R AREA ° Job Number: V PUBLIC INTERIOR SPACE 0 5RHA560.0 I ----- ------ ------- -------------- — Date: — — — — — _S__-- __-- ---- -------------- — AREA OF DEVOTED ALCOHOL SALES ° 07. 15.2015 6'-10 7/8" BAR AREA 1 -- — --- — -- Sheet No.: ° ENLARGE BAR AREA PLAN SCALE: 12" = 1'-0' Oil LEGEND A 0.2 015-201 Attachment PC 8 - Project PI I FOR REFERENCE ONLY I ar REFERENCE SYMBOLS: ��" • � � FIXTIRLE1.EVATIGN QFfROFeIPC1146M6iR •,i ` ` / ` ' ` ` ' ` / ' �� .^ `� /• `� j '-. I B INTERIOR ELEVATION RIFERfiNICENUMSM .•::rY. T I _� .1 I L� I -' I I � I '. I �� I / .` I �� I �� '• I .. I I I '�: 'I 1 '"/ i I 1 j ' ° ' s �, a INTER10R F1FVATM FINWi RW'ERENCE �;� i � I i - G SEE SHEETID•1 1 8ET'L8SI8l6N =UP =POQf Ii19� I I 1 1 ki Whil ONO -O a U L .el Q lie II! III, t2 \ �\ v DI 'ING ROOM I I � � I o ii - r W ,� AL� O Oj4i - � - 1 ` �y `�I 1 4 0 1 STAIRWAY{ 0,1 ] ; 70 U GOTW �^ .r- -- = I A -- =or 1. 0 W nil i bto 14 ww HALLWAY{ Gu ° i D7 o-sf �• s I in^w�•�.�bwonOFF" pM./np7ln�xMrENTRY � 1 o.., �s r ] s 1TCHEN 'ii •r Yyl" F L __ .. _l._ r --- - - owoe"1 YF .. 4B] 1 11 Y I ; - - �'11 r rrrd rr ""'!.3'r`.w• 0 D5 � e p.0 ---_--- MEN'$ I I 01. �.wj�pCCr�ply�4��I1 I f I � \' - ' i �i' ••�'.�isri.�'.�J" NG WEV t- Ir 4 Q. ] 'Yr Il• 4 Io•u ] ^STORAGE 0.47 .lam' WAITING I 4 V tri.i..... 4 Q,U ] 0. .f ^. QU ] I ' ® � 0AR EP 1 MYJPOI 9 _ I • WOMEN' I veil /k�=�'T'' r L PC•10b6-2007 4 ] RESTROOM I 4 11 "y (,Z Of 126 44. ' _ r - D•u -I --- ,} __� ,=�i • d AML D.7001 to, ela . F --- - - -I- - - - - - - - L -- - - - -0 l�eue 1 I I REFERENCE FLOOR PLAN } ;I FIRST FLOOR REFERENCE FLOOR PLAN V4b, 1 K•2. 15-201 Attachment PC 8 - Project FOR REFERENCE ONLY ' % a_ �j,� ,'i =, y`;. �. y V. REFERENCE SYMBOLS: a I cLEvwlwN RseRmaCe Nuveen INTERIOR ELEVATION REFERENCE NUMBER ' %.•� I 1 I I ' 1 I S". INTERIORESHKOLEVATION FINW{REFERENCe ,' •' 1 I 1 1 ' I • 1 Jum DEW C I I I I I I PHONd (7L{) Yli-�i{6 I1>St 1{ fY>f-8N9 H O R :'t, STO E '1�•'•'''.t -_� '•\ \ F ) \) G �r tu „V I >- ` PYt II 1� - .f� � . I I LL �--❑ a -Il I i ,A , �� • _ = —�— 1 II : STAIRWAYSIL II 1 /�} c� imm . FI 1 E i I C7 I I I ' -\ t I �.w■ - ' i I i � � u ' � 1 ��-� tiwv.��a,� I �� I'•\�� ELEVA-ro i_i - I , I � w/T� ' _ ■ M —. I ELEVATOR . LOBBY — D7 1pnw. dw nNiw�I,N an 1M f i l l A I `o-u E. ' �� - :.: . ----- - --- - -_ '_�- ��' - _ �� • •. :,1x1:;.:3;- �� Ceq{ Z r X00 .. �.•.. ar HEN a '�� .. �...... u � a .L - _�_-_ - - - - 1 1 - -� y - �� Y� - --✓ R.., �'2:154.."` -�-- r •wr,rrr- � M UIP E HALLWAY s o-u 2ROOM �,_Ji _ _� E 1 ,rw..."rr'..:,7.1• f MEN'S ' M _ ________ I EMPLOYEE - -_ , � 0HICE Ry LOS R CHANGERM ,'��1[,,,� �y�p PC 11056-2001 ' JCS' �-t" - ._ i1 .1 Q, `au ' 11.1 �3 Or 128 &ICs. ---- -- - -A APRIL D,'0001 c1 r: F I I - - - - - -o _ — _ _I _ _ — _ — 1 I 1 61D IS5{R' REFERENCE t l Kw2.2 SECOND FLOOR REFERENCE FLOOR PLAN v4x';ice, Planning Commission - July 11, 2016 Item No. 3a Additional Materials Presented at Meeting The Cannery (PA2015-201) July 11 , 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosherCcDvahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3. THE CANNERY(PA2015-201) It seems curious the staff report does not mention that the Cannery's basic request for the 249 square feet of new bar area on the first floor was administratively approved by City staff on June 23rd (see June 24, 2016, Administrative Approvals report), but that approval was rescinded four days later, with the matter being referred to the Planning Commission. The June 23rd approval was based on the idea that pursuant to NBMC Section 20.48.030 (Alcohol Sales), adding 249 sf(and less than 25% of the existing second floor bar area)was not a substantial change to the operating conditions, and hence pursuant to NBMC Section 20.54.070 (Changes to an Approved Project) the Community Development Director could approve the change to the CUP without presenting the request to the Planning Commission. It would seem helpful if the Planning Commission (and public) knew why the matter is being referred to it. Does staff now feel the change is substantial? Or is it because staff wants to consolidate previous conditional approvals into a single document? Or some other reason? For example, although it is not clearly disclosed in the public notice (which says "A total of 272 seats would remain"), Table 1 suggests about 18 of those seats are shifting from inside to outside (although it's unclear if maintaining that exact mix would be required by the new CUP). Also, the proposed permit appears to be adding a required interior closing hour (11:00 p.m.) which did not previously exist, and which is later than the hours requested by the applicant in Attachment No. PC 2. Yet it still does not specify an allowable opening hour. Finally, proposed Condition 12 on handwritten page 17 prohibits live entertainment and amplified sound only in the outdoor dining area. Is this meant to suggest it is allowed indoors? If so, the Entitlement Timeline of Attachment No. PC 5 suggests live entertainment inside was tried experimentally between 1975 and 1997, but halted by the City Council in 1997. The current status of that may need clarification. The Cannery Conditional Use Permit S*, (yNES �v Via• !'MME& M6 Planning Commission Public Hearing July 11, 2o16 Planning Commission - July 11 , 2016 ing 1 ) Vicinity Map _ Subect Off-site Parkin F IL AIL Mb=W r LP AIRLOP 19 7I r o7/u/ao16 Planning Commission - July 11 , 2016 ing 1 ) Background i Changea ■ Existing Approvals UP1521 — authorized restaurant use, off-site parking (1971) OD2002-003 — outdoor dining expansion, max 57 seats (2003) Proposal Convert first floor interior dining to bar (249 square feet) Reduce net public area (95 square feet) Reduce overall seat count (273 to 272 seats) 44 seats outdoor patio No late hours 0]/11/2016 Existing & Proposed First Floor Ann MME ii;G IMF o �4 i o o 0 .¢ •0• o � � o? o o �o � .�. o a Il��a:.��al� '� �� -- .[I�J��= •� "��; ;iir�il� �-�� .: •�ja��I� h I i Planning Commission - July 11 , 2016 ing c 1 ) Net Public Area and Seats C,G/FORNP' Murmw I Net Public Area Seats Net Public Area Seats 1st Floor 2,579 132 2,484 1.18 2nd Floor 2,208 115 2,208 110 Patio 1,346 26 1,346 44 Total 61133 6,038 2/2 07/11/2016 Planning Commission - July 11 , 2016 ing 1 ) Summary Scope limited to 249 square feet at first floor. ■ No change to ABC licenses, parking, occupancy. Restaurant will close by 11 p . m . daily. Draft resolution incorporates previous conditions of approval ( UP'521/OD2002-003) . o,is1izoi6 Planning Commission - July 11 , 2016 ing 1 ) Recommendation a a.C'dt/FORNP Approve Conditional Use Permit No . UP2o16-032, superseding UP1521 and OD2002-003 . 0]/11/2016 4b *i w a ti 4 M I _ For more information contact: - Jason Van Patten 949-644-3234 jvanpatten@newportbeachca.gov www.newportbeachca.gov