HomeMy WebLinkAbout1789 - DENY UP2009-012 AND UP2009-020_4525 WEST COAST HWYRESOLUTION NO. 1789
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DISAPPROVING USE PERMIT NO.
UP2009 -012 FOR AN EATING AND DRINKING
ESTABLISHMENT WITH A TYPE 41 (ON -SALE BEER AND
WINE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE AND
DISAPPORVING USE PERMIT NO. 2009 -020 FOR A PARKING
WAIVER (PA 2009 -050) FOR A PROPERTY LOCATED AT 4525
WEST COAST HIGHWAY.
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
1. An application was filed by Dan Biello with respect to property located at 4525 West
Coast Highway, and legally described as a portion of Banning Ranch Tract No. 6385 of a
record of survey map book 27, page 47 and a portion of Parcel Map 207 -1 as recorded
within the County of Orange, at the County Recorders office within the State of California
requesting approval of a use permit.
2. The applicant proposed a change in land use from a take -out service, limited eating
and drinking establishment to a full - service, high turnover eating and drinking
establishment. The proposed changes in operational characteristics include:
• An increase in net public area' from 100 to 1,065 square feet (660 to 2,160 gross
square feet);
• The introduction of alcoholic beverage service with a Type 41 (On -Sale Beer and
Wine) Alcoholic Beverage Control (ABC) license;
• Proposed hours of operation of 7:00 a.m. to 12:00 a.m. (take -out section) and 7:00
a.m. to 10:00 p.m. (dining section).
The application also includes a request for a parking waiver as the proposed use
requires 18 parking spaces more than the previous retail shop tenant.
3. The subject property is located within the Retail Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Neighborhood Commercial
(CN).
4. A public hearing was held on June 18, 2009 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
1 Net Public Area — The total area used to serve customers, including, but not limited to, customer sales and
display area, customer seating areas, service counters, and service queue and waiting areas, but excluding
restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the
establishment.
Planning Commission Resolution No. PC2009 -_
Page 2 of 3
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
5. In accordance On June 18, 2009, the Planning Commission voted (5 ayes and 2 noes)
to disapprove the use permit application with the following findings pursuant to
Chapter 20.89 (Alcoholic Beverage Outlets) and Chapter 20.66 (Off- Street Parking
and Loading Regulations) of Newport Beach Municipal Code (NBMC).
• Public convenience or necessity would not be served as five of the 12 tenants
spaces in the neighborhood commercial center are already alcoholic beverage
outlets.
• During the 2008 calendar year, there were 6,637 crimes reported citywide.
Reporting District No. 16, which includes the project site, had a total of 329
reported crimes as compared to the citywide average for reporting districts of 178
reported crimes. This equates to 151 crimes more, or 84.83 percent above the
citywide reporting district average.
• The parking study conducted in April 2009 provided parking counts in 30- minute
intervals that showed there was sufficient available parking on site for the
expansion; however, the Planning Commission determined that the findings to
approve the required parking waiver could not be made, because the study did not
include a discussion of the significance of the following characteristics of the
project site:
o 20 minute parking spaces
o Trucks off - loading in the drive aisles
o Small compact size spaces
o Towing of vehicles
o Cabs waiting for fares
o Vehicles parked lengthwise with a trailers using multiple spaces
o Customers walking, bicycling, and skateboarding to the site
Planning Commission Resolution No. PC2009 -_
Paae 3 of 3
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby disapproved Use Permit No.
UP2009 -012 and UP2009 -020.
DISAPPROVED AND ADOPTED THIS 18 DAY OF JUNE, 2009.
AYES: TEORGE, MCDANIEL, HILLGREN, EATON, UNSWORTH
NOES: PEOTTER,
M
, Chairman
BY: ,3
Barry Eatc , r Secretary