HomeMy WebLinkAbout02_Sushi Ii Minor Use Permit_PA2018-27300"'�WPQR . CITY OF NEWPORT BEACH
n ZONING ADMINISTRATOR STAFF REPORT
March 28, 2019
Agenda Item No. 2
SUBJECT: Sushi Ii Minor Use Permit (PA2018-273)
■ Minor Use Permit No. UP2018-026
SITE LOCATION: 100 West Coast Highway, Suite 202
APPLICANT: Sushi li/Ryugi LLC
OWNER: VBAS Properties Inc.
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, Iwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• General Plan: General Commercial (CG)
• Zoning District: Commercial General (CG)
PROJECT SUMMARY
The applicant proposes a minor use permit to allow an eating and drinking establishment
(restaurant) within an existing commercial building. The restaurant would comprise of
approximately 1,611 square feet with approximately 540 square feet of net public area
(NPA). The restaurant would include a Type 47 (On -Sale General — Eating Place)
Alcoholic Beverage Control (ABC) license. No late hours (after 11:00 p.m.) are proposed
as part of this application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. — approving Minor Use Permit No.
UP2018-026 (Attachment No. ZA 1).
I
DISCUSSION
• The proposed eating and drinking establishment is located within the established
commercial area along West Coast Highway which provides goods and services
to visitors and residents alike, consistent with the CG land use designation.
• The subject commercial center, Mariner's Pointe, was constructed with a parking
structure to accommodate a variety of commercial uses, including retail, medical, and
restaurant uses. The parking structure accommodates 143 parking spaces on-site
with approved valet operations pursuant to Mariner's Pointe Parking Operational
Plan Version 8 (Sunset Parking, 2012).
• Required parking for Mariner's Pointe was previously determined based on
documentation and a number of assumptions, including: 1) the Shared Parking
Analysis prepared by LSA Associates, Inc., dated July 22, 2011; 2) a limitation that
the maximum Net Public Area (NPA) for restaurant uses be limited to 5,210 square
feet; and 3) the proposed floor area for restaurant uses will be occupied by fine dining
establishments with very low turnover with a parking demand of one space per 50
square feet of NPA.
• The actual mix of tenant uses of the Mariner's Pointe project is different than the
assumptions included in the 2011 Shared Parking Analysis. The amount of
restaurant use within the building, including the proposed use, is substantially less
than originally anticipated. Updated Shared Parking Analysis — Mariner's Pointe,
dated March 15, 2019 (Attachment No. ZA 4), has been prepared by the
Community Development Department to evaluate the on-site parking supply
versus the demand that will occur for parking throughout the day based on the
current mix of uses and operational characteristics, including the proposed
restaurant. Given the characteristics of the use, a parking demand of one space
per 50 square feet of NPA remains appropriate for the proposed restaurant use
based on the high quality nature of the establishment and very low turnover of
customers expected.
• The Updated Shared Parking Analysis indicates that the total parking required for
all uses is 99 spaces, resulting in a surplus of 44 spaces. The analysis also
indicates that because of the different peak hours of operation of the various mix
of tenants, that the total parking required has two separate peaks: 1) one peak
during the early afternoon with a total demand for 87 parking spaces at 1:00 p.m.;
and 2) a second peak in the early evening with a total demand of 89 parking spaces
at 5:00 p.m. Therefore, the commercial center provides adequate on-site parking
to accommodate the proposed use and is anticipated to provide a surplus of 54
spaces based on the Updated Shared Parking Analysis.
• The project is conditioned to require pollution control units to filter and reduce
potential odor impacts for neighboring residential uses along Kings Road. The
project is also conditioned to require all rooftop mechanical equipment to be
installed with silencer ducts to reduce noise levels to a level in compliance with
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Newport Beach Municipal Code (NBMC) Section 10.26 (Community Noise
Control) and consistent with the original noise assessment for the building.
• Currently there is one establishment that is allowed to sell alcohol (beer and wine)
within the shopping center, Xanadu Cafe. The closest off-site establishment is
Pizzeria Mozza at 800 West Coast Highway, which is a full-service restaurant.
There is no evidence suggesting this use has been detrimental to surrounding
properties or the neighborhood.
• The project is conditioned to prohibit the restaurant from operating as a bar, tavern,
or nightclub, thereby reducing potential impacts to the neighborhood. The
proposed hours of operation are seven days a week from 11:00 a.m. to 10:00 p.m.
and no late hours (after 11:00 p.m.) are requested. Additionally, conditions are
included to prohibit amplified sound other than background music and no live
entertainment or dancing is allowed on the premises. Lastly, food service from the
regular menu shall be made available to patrons until closing.
• A memorandum was prepared by the Police Department for the project
(Attachment No. ZA 5). According to the latest data set from 2017, eight calls for
service were reported for the subject site representing less than 4 percent of all
calls for service in the Reporting District. The highest volume crimes are not related
to alcohol.
• The Police Department has reviewed the proposal, provided operating conditions
of approval, and has no objection to the addition of the ABC license for a new
restaurant. The operation of the establishment includes the approved floor plan
with the closing hour of 10:00 p.m.
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 proposed project involves the construction of a
restaurant within an existing commercial tenant space planned for such use.
A Mitigated Negative Declaration (SCH No. 2011041038) was prepared for the
development of the shopping center in accordance with the implementing guidelines of
CEQA and approved by the City Council on August 9, 2011.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
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waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
Liz Westmoreland, Assistant Planner
JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Updated Shared Parking Analysis — March 15, 2019
ZA 5 Police Department Memorandum
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Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-026 FOR A NEW EATING AND DRINKING
ESTABLISHMENT WITH A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL (ABC) LICENSE LOCATED AT 100 WEST COAST
HIGHWAY, SUITE 202 (PA2018-273)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sushi Ii/ Ryugi LLC with respect to property located at 100 West
Coast Highway, Suite 202 and legally described as PCL 1, Parcel Map 2010-133
requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to allow an eating and drinking establishment
(restaurant) within an existing commercial building. The restaurant would comprise of
approximately 1,611 square feet with approximately 540 square feet of net public area
(NPA). The restaurant would include a Type 47 (On -Sale General — Eating Place) Alcoholic
Beverage Control (ABC) license. No late hours (after 11:00 p.m.) are proposed.
3. The subject property is designated General Commercial (CG) by the General Plan Land
Use Element and is located within the Commercial General (CG) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 28, 2019 in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
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 proposed project involves the construction of a
restaurant within an existing commercial tenant space planned for such use.
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3. A Mitigated Negative Declaration (SCH No. 2011041038) was prepared for the
development of the shopping center in accordance with the implementing guidelines of
CEQA and approved by the City Council on August 9, 2011.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code
(NBMC), the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales)
of the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the
following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The subject property is located in Reporting District (RD) 26. The Police Department is
required to report offenses of Part One Crimes combined with all arrests for other crimes,
both felonies and misdemeanors (except traffic citations) to ABC. Part One Crimes are
the eight most serious crimes defined by the FBI Uniform Crime Report — criminal
homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and
arson. The crime rate in RD 26 is higher than adjacent RD 25 and the City overall. The
area is found to have undue concentration, as it has 54 percent over the citywide
average crime count. The highest volume crime is "burglary/theft from auto" and the
highest volume arrest is "drug related offenses."
2. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has no objection to the addition of the ABC license for a new restaurant.
The operation of the establishment includes the approved floor plan with the closing
hour of 10:00 p.m.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 26 is
higher than Reporting District (RD) 28, but lower than adjacent RDs 25 and 41. RD 28
is expected to be lower which a greater number of residential properties compared to
commercial properties. The Police Department has reviewed the proposal and has no
objection.
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2. According to the latest data set from 2017, eight calls for service were reported for the
subject site representing less than 4 percent of all calls for service in RD 26. The highest
volume crimes are not related to alcohol.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The restaurant is proposed within the Mariner's Pointe shopping center along West
Coast Highway which is consistent with the General Plan designation, General
Commercial. The shopping center consists of retail, service, medical, and eating and
drinking establishment uses. The property is not located in close proximity to any day
care centers, hospitals, park and recreation facilities, places of worship, schools, or
similar uses that attract minors. The nature of the commercial area along Coast Highway
is to provide goods and services, including eating and drinking establishments, designed
to foster visitor and resident activity from travelers down Coast Highway and residents
nearby. The nearest residential uses are behind the shopping center along Kings Road
and across Coast Highway in the gated community of Bay Shores. Eating and drinking
establishments with incidental alcohol service are common in the General Commercial
area on Coast Highway and the proposed Alcoholic Beverage Control license type is
not anticipated to alter the operational characteristics of the commercial center such that
it becomes detrimental to the area. The project does not include any late hours that
could potentially impact residential areas.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Currently there is one establishment that is allowed to sell alcohol (beer and wine) within
the shopping center, Xanadu Cafe. The closest off-site establishment is Pizzeria Mozza
at 800 West Coast Highway which is a full-service restaurant. There is no evidence
suggesting this use has been detrimental to surrounding properties or the neighborhood.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale of
alcoholic beverages will ensure compatibility with the surrounding uses and minimize
alcohol-related impacts.
2. The proposed hours of operation of the establishment will minimize the potential effects
on land use. The establishment closes by 10:00 p.m., daily, which will ensure the use
does not become a late night bar, tavern, or nightclub.
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3. The establishment is located within an existing shopping center which is developed with
other commercial uses. The addition of a new ABC license in conjunction with a new
restaurant will not alter the existing or anticipated operations, but will complement the
proposed food service and provide a convenience to customers.
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:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Suaaort of Findina:
1. The General Plan designates the site as General Commercial (CG) which is intended to
provide a variety of commercial uses including restaurants.
2. The proposed restaurant is located within the established commercial area along West
Coast Highway, which provides goods and services to visitors and residents alike,
consistent with the CG land use designation.
3. The subject property is not a part of a specific plan area.
Finding:
C. 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 Suaaort of Findina:
1. The site is located in Commercial General (CG) Zoning District which is intended to
provide commercial uses. Eating and drinking establishments are allowed uses, subject
to the approval of a use permit.
2. The subject commercial center, Mariner's Pointe, was constructed with a parking structure
to accommodate a variety of commercial uses, including retail, medical, and restaurant
uses. The parking structure accommodates 143 parking spaces on-site with approved
valet operations pursuant to Mariner's Pointe Parking Operational Plan Version 8 (Sunset
Parking, 2012).
3. Required parking for Mariner's Pointe was previously determined based on
documentation and a number of assumptions, including: 1) the Shared Parking Analysis
prepared by LSA Associates, Inc., dated July 22, 2011; 2) a limitation that the maximum
Net Public Area (NPA) for restaurant uses be limited to 5,210 square feet; and 3) the
proposed floor area for restaurant uses will be occupied by fine dining establishments
with very low turnover with a parking demand of one space per 50 square feet of NPA.
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Pursuant to Condition No. 7 of City Council Resolution No. 2011-86, any changes to the
assumed tenant mix or changes in the type of restaurant use that would increase parking
demands may require the preparation of a new shared parking analysis approved by the
Community Development Department to ensure adequate parking is provided on-site to
support the peak parking demands.
4. The actual mix of tenant uses of the Mariner's Pointe project is different than the
assumptions included in the 2011 Shared Parking Analysis. The amount of restaurant
use within the building, including the proposed use, is substantially less than originally
anticipated. Updated Shared Parking Analysis — Mariner's Pointe, dated March 15,
2019, has been prepared by the Community Development Department to evaluate the
on-site parking supply versus the demand that will occur for parking throughout the day
based on the current mix of uses and operational characteristics, including the proposed
restaurant. Given the characteristics of the use, a parking demand of one space per 50
square feet of NPA remains appropriate for the proposed restaurant use based on the
high quality nature of the establishment and very low turnover of customers expected.
5. The Updated Shared Parking Analysis indicates that the total parking required for all
uses is 99 spaces, resulting in a surplus of 44 spaces. The analysis also indicates that
because of the different peak hours of operation of the various mix of tenants, that the
total parking required has two separate peaks: 1) one peak during the early afternoon
with a total demand for 87 parking spaces at 1:00 p.m.; and 2) a second peak in the
early evening with a total demand of 89 parking spaces at 5:00 p.m. Therefore, the
commercial center provides adequate on-site parking to accommodate the proposed
use and is anticipated to provide a surplus of 54 spaces based on the Updated Shared
Parking Analysis.
Finding-
D.
indin :
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity,-
Facts
icinity,
Facts in Support of Finding:
1. The addition of the ABC license in conjunction with a new eating and drinking place does
not change the operating characteristics of the existing commercial center which was
designed with the intention to include restaurant uses.
2. The project is conditioned to prohibit the restaurant from operating as a bar, tavern, or
nightclub, thereby reducing potential impacts to the neighborhood. The proposed hours
of operation are seven days a week from 11:00 a.m. to 10:00 p.m. and no late hours are
requested. Additionally, conditions are included to prohibit amplified sound other than
background music and no live entertainment or dancing is allowed on the premises.
Lastly, food service from the regular menu shall be made available to patrons until
closing.
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3. The project is conditioned to require pollution control units to filter and reduce potential
odor impacts for neighboring residential uses along Kings Road. The project is also
conditioned to require all rooftop equipment to be installed with silencer ducts to reduce
noise levels to a level in compliance with NBMC Section 10.26 and be consistent with
the original approvals for the building.
4. The restaurant will be complimentary to the other uses in the Mariner's Pointe shopping
center, which includes retail stores, salons, a yoga studio, food services, and other
commercial uses. It will contribute to making the shopping center a viable commercial
node for the neighborhood and visitors.
5. The restaurant will provide a convenience for residents of the neighborhood and visitors
to the area with adequate parking within the parking structure on-site.
Finding:
E. 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 existing restaurant (Xanadu Cafe) within the shopping center has proven to be
physically suitable in terms of design, location, shape, and size to support the use. The
physical characteristics of the site are not changing with the addition of a new restaurant
use with alcohol service.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
Finding:
F. 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 Subaort of Findina:
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
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.
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2. The restaurant will service the neighborhood by providing dining services as a public
convenience to the surrounding residential neighborhood as well as visitors, which is
the intent of the CG land use designation. The service of alcohol will complement the
principal use of the facility and provide an economic opportunity for the property owner
to maintain a successful business in a way which best serves the community.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves UP2018-026
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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF MARCH, 2019.
Patrick J. Alford, Zoning Administrator
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*:1:11319IM-1m
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division Conditions
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. Hours of operation shall be limited to the following: 11:00 a.m. to 10:00 p.m., seven days
a week. No late hours (after 11:00 p.m.) are permitted.
3. Kitchen exhaust fans shall be installed and maintained in accordance with the Uniform
Mechanical Code.
4. The exhaust systems for the food use shall be installed with pollution control units to
filter and control odors and shall be located entirely within the structure, except for a
required vent that may be located on the roof in a location approved by the Planning
Division.
5. The operator shall provide a washout area within the tenant space.
6. No amplified sound, other than background music, is allowed. Any background music
shall not be audible from outside of the building.
7. All new or replacement rooftop equipment associated with the restaurant use shall be
installed with silencer ducts to reduce noise levels to a level in compliance with NBMC
Section 10.26 (Community Noise Control).
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
11. Use Permit No. UP2018-026 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
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12. This Use Permit may be modified or revoked by the Zoning Administrator if determined
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.
13. 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.
14. 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.
15. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
16. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
17. Construction activities associated with the tenant improvements 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.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. 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.
20. 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.
21. 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).
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22. All deliveries for the restaurant shall occur on-site. Delivery vehicles idling or parking on
public property is prohibited.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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 Sushi li Minor Use Permit including, but not limited to, Minor Use Permit No.
UP2018-026 (PA2018-273). 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.
Police Department Conditions
28. The approval is for an existing eating and drinking establishment with on -sale alcoholic
beverage service. The type of alcoholic beverage license issued by the California Board
of Alcoholic Beverage Control shall be a Type 47 (On -Sale General — Eating Place) license
in conjunction with the restaurant as the principal use of the facility.
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29. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage Control License. Material violation of those laws or conditions in
connection with the use may be cause for revocation of the use permit.
30. 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 within 60 days of hire. This training must be updated every
three years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of approval.
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.
31. Food service from the regular menu shall be made available to patrons until closing.
32. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink requirement or
the sale of drinks is prohibited (excluding charges for prix fixe meals).
33. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
34. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
35. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
36. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
37. The sale of alcoholic beverages for consumption off the premises is prohibited.
38. 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.
39. There shall be 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.
40. There shall be no live entertainment or dancing allowed on the premises.
01-25-19
Zoning Administrator Resolution No. ZA2019-###
Paae 12 of 13
41. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
42. Any event or activity staged by an outside promoter or entity, where the applicant, operator,
owner or his/her employees or representatives share in any profits, or pay any percentage
or commission to a promoter or any other person is prohibited.
43. There shall be no on-site radio, television, video, film, or other electronic media broadcasts,
including recordings to be broadcasted at a later time, which include the service of alcoholic
beverages, without first obtaining an approved Special Event Permit issued by the City of
Newport Beach.
44. 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 form 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.
45. Strict adherence to maximum occupancy limits is required.
46. The applicant shall maintain a security recording system with a 30 -day retention and make
those recordings available to police upon request.
47. 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.
Fire Department Conditions
48. Where carbon dioxide storage tanks, cylinders, piping and equipment are located
indoors, rooms or areas containing carbon dioxide storage tanks, cylinders, piping and
fitting, and other areas where a leak of carbon dioxide can collect shall be provided with
either ventilation in accordance with California Fire Code (CFC) Section 5307.5 or an
emergency alarm system in accordance with CFC Section 5307.5.2.
49. A Type I hood shall be installed at or above all commercial cooking appliances used for
commercial purposes that produce grease vapors (CFC Section 609.2).
50. Each required commercial kitchen exhaust hood and duct system required by CFC
Section 609 that has a Type I hood shall be protected with an approved automatic fire -
extinguishing system installed in accordance with CFC Section 904.2.2.
Building Division Conditions
51. Prior to the issuance of building permits, Health Department Approval shall be obtained.
01-25-19
27
Zoning Administrator Resolution No. ZA2019-###
Paae 13 of 13
52. The applicant shall provide a grease interceptor if deemed necessary by the Building
Division.
01-25-19
12
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Minor Use Permit No. UP2018-026
PA2018-273
100 West Coast Highway, Suite 202
20
Attachment No. ZA 3
Project Plans
21-
I
CONTACTS:
PROPERTY OWNER:
VBAS PROPERTIES INC.
100 W. COAST HIGHWAY
SUITE R-101
NEWPORT BEACH, CA 92663
TEL (949)
APN: 049-280-85
TI OWNER:
SUSHI II / RYUGI LLC
ATTN: NATSUKO TRAVIOLI
267 HANOVER DR.
COSTA MESA, CA, 92626
nsonoguchi@gmail.com
TEL (949) 566-3070
Tr"1 A ('I I mm r\flr mT\/
DESIGNED & PREPARED BY:
HIROKI MIYAUCHI, AIA
305 LEXINGTON CIR.
NEWPORT BEACH, CA 92660
hmiyauchi@gmail.com
TEL (714) 721-7727
0
SHEET INDEX
Al .1 TITLE SHEET, GENERAL NOTES & SITE PLAN
A2.1 SECOND FLOOR PLAN &
ENLARGED SUITE PLAN - 202
- TOTAL 2 PAGES
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ZONE/CODE SUMMARY
A. SUMMARY OF THE WORK
TENANT IMPROVEMENT FOR A NEW JAPANESE SUSHI
RESTAURANT AT 2ND FLOOR OF EXISTING
COMMERCIAL BUILDING. EXISTING SITE BUILT OUT FOR
NEW TENANT BUT NEVER OCCUPIED.
NO STRUCTURAL ELEMENTS WILL BE DISTURB.
NO DEMOLITION INVOLVED WITH THIS APPLICATION.
BUILDING IS COOLED BY REFRIGERATED AIR
CONDITIONING
B. APPLICABLE CODES:
2016 CALIFORNIA BUILDING CODE (CBC)
2016 CALIFORNIA ELECTRICAL CODE (CEC)
2016 CALIFORNIA MECHANICAL CODE (CMC)
2016 CALIFORNIA PLUMBING CODE (CPC)
2016 CALIFORNIA GREEN BLD. STD. CODE (CGBSC)
2016 CALIFORNIA ENERGY CODE (CEES)
NEWPORT BEACH ADMINISTRATIVE CODE
(CH15.02)
C. ZONING
CG - COMMERCIAL GENERAL
D. CONSTRUCTION TYPE:
TYPE V-A, FULLY SPRINKLERED
E. OCCUPANCY GROUP:
USE GROUP B - BUSINESS
F. NUMBER OF FLOORS:
EXISTING: 2 (COMMERCIAL BUILDING), 3 (PARKING)
G.
EXISTING BUILDING AREA: 76,923 SF
56,530 (PARKING GARAGE)
+ 11,986 (1 ST FLOOR) + 9,407 (2ND FLOOR)
- NO INCREASE OF AREA
PROPOSED RESTAURANT AREA: 1,611 SF
PARKING STALL PROVIDED: 143 (5 ACCESSIBLE)
H. OCCUPANCY TYPE: BUSINESS
OCCUPANT LOAD:
NET PUBLIC AREA(15SF): 643 SF = 43
KITCHEN & WORK AREA(200SF): 732 SF = 4
RESTROOM: 112 SF = 2
TOTAL OCCUPANTS: 49 PERSONS
VICINITY MAP PROJECT ADDRESS:
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GRATING SECTION - SIGHT LINE - MAXIMUM 60.5 DEGREES
3" = 1'-0"
T.O. RIDGE
37'-6"
T.O.R.
VARIES, SEE
ROOF PLAN
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gA F.F. FIRST LEVEL
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SEE DETAILS THIS SHEET
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WINSTON'S JEWELERS
C/O VBAS PROPERTIES, INC.
18582 BEACH BOULEVARD, SUITE 226
HUNTINGTON BEACH, CA 92648
S T 0 U T E N B 0 R 0 U G H-
A r c h it e c t s a n d P l a n n e r s
420 Alta Vista Way, Suite 100
Laguna Beach, Ca 92651
T 949 715 3257 1 F 949 715 3256
www. stoutenboroughinc.com
MARINER'S POINTE
WEST COAST HIGHWAY AT DOVER
NEWPORT BEACH, CA
03-09-12INITIAL AGENCY SUBMITTAL
06-04-12 AjAGENCY REVISION 1
07-20-12 BID SET
0
0
0
0
TITLE
SIGHT LINES
O DATE
07-20-12
SCALE AS NOTED
PROJECT N0.
10112-005
APPROVED
0 SHEET
Arv"%~
ASK -01
Attachment No. ZA 4
Updated Shared Parking Analysis —
March 15, 2019
Tmplt: 02/08/19
215
Table A: Parking Requirements
Land Use
Gross Square Feet'
Net Public Area
Parking Rate Z
Required Parking 3
Restaurant
1,772
540
1 per 50 sf 4
11
Caf6
1,593
484
1 per 40 sf 4
13
Retail
8,720
1 per 250 sf
35
Yoga Studio
3,916
1 per 200 sf
20
Medical/Dental Office
3,904
1 per 200 sf
20
Total
19,905
99
1 Gross floor area includes a proportionate share of building service area
Z From Newport Beach Municipal Code Section 20.40.040
3 Newport Beach Municipal Code Section 20.40.030.E requires fractional spaces to be rounded up.
4 Newport Beach Municipal Code Section 20.40.060 allows the City to adopt
a parking rate between 1/30sf to 1/50sf for restaurants.
20
Table B: Shared Parking Analysis
Notes:
Time -of -Day Factors referenced from Shared Parking, Second Edition, Urban Land Institute, 2005.
27
Shared Parking Time -of -Day Factors
Time of Day Factors'
6:00 a.m.
7:00 a.m.
8:00 a.m.
9:00 a.m.
10:00 a.m. 11:00 a.m.
12:00 p.m. 1:00 p.m.
2:00 p.m.
3:00 p.m.
4:00 p.m.
5:00 p.m.
6:00 p.m.
7:00 p.m.
8:00 p.m.
9:00 p.m.
10:00 p.m.11:00
p.m.
Fine/Casual Dining
15%
40%
75%
75%
65%
40%
50%
75%
95%
100%
100%
100%
95%
75%
Family Restaurant
25%
50%
60%
75%
85%
90%
100%
90%
50%
45%
45%
75%
80%
80%
80%
60%
55%
50%
Medical Office
90%
90%
100%
100%
30%
90%
100%
100%
100%
100%
67%
30%
15%
Health Club
70%
40%
40%
70%
70%
80%
60%
70%
70%
70%
80%
90%
100%
90%
80%
70%
35%
10%
Retail
1%
5%
15%
35%
65%
85%
95%
100%
95%
90%
90%
95%
95%
95%
80%
50%
30%
10%
Time of Day Parking
Restaurant
11
0
0
0
0
2
4.4
8.3
8.3
7
4.4
5.5
8.3
10.5
11
11
11
10.5
8.3
Cafe
13
3.25
6.5
7.8
9.75
11
11.7
13
11.7
7
5.9
5.9
9.8
10.4
10
10
8
7.2
7
Office
20
0
0
18
18
20
20
6
18
20
20
20
20
13
6
3.0
0
0
0
Yoga Studio
20
14
8
8
14
14
16
12
14
14
14
16
18
20
18
16
14
7
2
Retail
351
0.4 1
1.8
1 5.3
12.3
1 22.8 1
30
33.3
1 35
1 33.3
31.5
1 31.5
1 33.3
33.3
1 33.3 1
28.0
17.5
1 10.5
1 3.5
Total
991
18
16
1 39
54
1 69 1
82
73
1 87
1 81
76
1 79
88
1 79 1
68
50
1 35
1 20
Notes:
Time -of -Day Factors referenced from Shared Parking, Second Edition, Urban Land Institute, 2005.
27
MA
-M
Attachment No. ZA 5
Police Department Memorandum
Tmplt: 02/08/19
�9
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
4'.1
MEMORANDUM
TO: Liz Westmoreland, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: February 14, 2019
SUBJECT: Sushi Li
100 West Coast Highway Suite 202
PA2018-273
At your request, the Police Department has reviewed the project application for Sushi Li
restaurant located at 100 West Coast Highway Suite 202, Newport Beach. Per the project
description, the applicant is seeking a minor use permit for a new establishment within the
Mariner's Point building. This restaurant will apply for a Type 47 (On Sale General) Alcoholic
Beverage Control License.
This restaurant is approximately 1,650 square feet with a net public area of 500 square feet.
The proposed hours of operation are 11:00 a.m. to 10:00 p.m., daily. No late hours are
requested.
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, or 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.
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst Kristi Kondo, which provides detailed statistical information related to alcohol
establishments and crime in and around the applicant's proposed place of business, 100 West
Coast Highway Suite 202.
Crime Statistics:
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) 26,
which is located within the Mariner's Mile area.
SD
Sushi Li
PA2018-273
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny,
theft, and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both
felonies and misdemeanors (except traffic citations) to ABC. These figures make up the "Crime
Count" which is indicated on the attached statistical data form.
This reporting district is reported to ABC as a high crime area as compared to other reporting
districts in the City. The RD's Crime Count is 206, which ranks 8th in the City at 54% over the
City-wide crime count average of 134. Since this area has a 20% greater number of reported
crimes than the average number of reported crimes as determined from all crime reporting
districts within the City, the area is found to have undue concentration. In comparison,
neighboring RD 25 is 73% above the City-wide average, RD 28 is 117% higher, and RD 22 is
22% higher.
The highest volume crime is "burglary/theft from auto" and the highest volume arrest is "drug
related offenses".
DUI, Public Intoxication, and liquor law violations make up 22% of arrests in this reporting
district. In comparison, the figure for neighboring RD 25 is 29%, RD 28 is 8%, and RD 41 is
29%.
This location meets the legal criteria for undue concentration as it relates to crime. (B&P
§23958.4).
Alcohol License Statistics:
The applicant premise is located within census tract 0634.00. This census tract has an
approximate population of 4,795 residents with 54 active alcohol licenses and 45 licensed
establishments. That is a per capita ratio of 1 license for every 89 residents. Per the Business
and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1
license for every 467 residents. Since the area's ratio exceeds the ratio of on -sale retail
licenses to population in the county, the area is deemed to have an undue concentration of
alcohol licenses.
Other nearby alcohol licensed locations are the Balboa Bay Club, 3 -Thirty -3 Waterfront, Sol
Mexican Cocina, Pizzeria Moza.
This location meets the legal criteria for undue concentration as it relates to over saturation of
alcohol licenses (B&P §23958.4).
Discussion and Recommendations
Undue Concentration exists in this location in regards to both crime and alcohol license
saturation. A finding that this restaurant is a public convenience or necessity must be made
This is demonstrated when the business operation provides some kind of benefit to the
surrounding community. Approval of a use permit will indicate to ABC in their application
process the City of Newport Beach has made the finding of public convenience or necessity.
The Police Department is routinely concerned when new alcohol licenses are added within the
City's over concentrated areas. However, given the area's highest volume crimes are not
31
Sushi Li
PA2018-273
alcohol related and this restaurant has no late hours, the Police Department has no objection
to the application if the following or similar conditions are imposed.
RECOMMENDED CONDITIONS OF APPROVAL
The approval is for an eating and drinking establishment with on -sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 47 (On -Sale General — Eating Place) license
in conjunction with the restaurant as the principal use of the facility.
The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use may be cause for revocation of the use permit.
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 within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
4 Food service from the regular menu shall be made available to patrons until closing.
"VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink requirement or
the sale of drinks is prohibited (excluding charges for prix fixe meals).
6. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee
No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
'10 The sale of alcoholic beverages for consumption off the premises is prohibited.
11 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.
12 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
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PA2018-273
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
13 There shall be no live entertainment or dancing allowed on the premises.
14 The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
-15 Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person is prohibited.
'16 There shall be no on-site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event Permit
issued by the City of Newport Beach.
7 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.
18. Strict adherence to maximum occupancy limits is required.
19. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
20. 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
Jat (949)644-3705 or wjoe@nbpd.org.
n Investigator, Special Investigations Unit
Randy Parker
Sergeant, Special Investigations Unit
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Su
1C
H1
Subject RD:
RD26
Adjacent RD:
RD25
Adjacent RD:
RD28
Adjacent RD:
RD41
aFP' NEWPORT BEACH POLICE DEPARTMENT
CHIEF JON T. LEWIS 2017 CRIME AND ALCOHOL-RELATED STATISTICS
**** SUMMARY FOR SUSHI LI AT 100 W. COAST HWY, SUITE 202 (RD26)
Newport Beach
Subject:
100 W. Coast
HWY, Suite 202
Subject Census
Tract: 634
Adjacent Census
Tract: 634
Adjacent Census
73 +14 +23% 11
+5 +71%
0 8
+2 +25%
117 +58 +97% 8
+2 +25%
76 4M13
+7 +102%
2,255 RD Average = 59 244
RD Average = 6
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime
Report - Homicide, Rape, Robbery, Aggravated Assault Burglary, Larceny, Auto
Theft and Arson. This report reflects City of Newport Beach data for 2017.
ABC Info
Population Active License
Licensed
Licenses Per Capita
0 N/A
1W.
Establishments
aw
4,795 54 89
45
4,795 54 89
W5
Tract: 630.1 7,047 9 783 8
Adjacent Census 5,917
Tract: 630.04
Newport Beach 85,186 451 189 389
Orange County 3,010,232
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 01/18/2018.
All Population figures taken from the 2010 US Census.
144 +55 +62% 133 +59 +79% 206 +72 +54%
149 +60 +68% 146 +72 +96% 232 +98 +73%
197 +108 +122% 173
104 +15 +17% 87
3,369 RD Average = 89 2,829
+99 +132%
290 +156 +117%
+13 +17%
163 +29 +22%1
RD Average = 74
5,084 RD Average = 134
Per BP 23958.4, crime count is the sum of
Part I Crime plus Part 11 Arrests.
s A
L = Subject Location
2/1/2019
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