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HomeMy WebLinkAboutZA2016-066 -SUITE 104 - (AMENDMENT) MINOR USE PERMIT TO ADD BEER AND WINE SERVICE TO EXITSING RESTAURANT - 100 W Coast Hwy RESOLUTION NO. ZA2016-066 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-042 FOR AN AMENDMENT TO AN EXISTING MINOR USE PERMIT TO ADD A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE TO AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 100 W COAST HIGHWAY, UNIT 104 (PA2016-174). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Xanadu Bakery Newport Beach LLC., with respect to property located at 100 W. Coast Highway, and legally described as PCL 1, Parcel Map 2010-133 requesting approval of an amendment to a Minor Use Permit. 2. The applicant proposes to amend previously approved Use Permit No. UP2015-007 to add a Type 41 Alcohol Beverage Control (ABC) license at an existing eating and drinking establishment (Xanadu Cafe). No other changes to the existing operation are proposed. 3. The subject property located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 21, 2016, 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 meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 under Class 1 (Existing Facilities) of the Guidelines of the California Environmental Quality Act. 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 addition of the Type 41 ABC License to the existing eating and drinking establishment with no other alterations or changes. 3. A Mitigated Negative Declaration (SCH No. No. 2011041038) was prepared for the development of the shopping center in accordance with the implementing guidelines of Zoning Administrator Resolution No. ZA2016-066 Page 2 of 9 the California Environmental Quality Act (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, 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 26 (RD 26). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson) crime rate in RD 26 is higher than adjacent Reporting District 25 and the City overall. 2. The Part 1 Crime related to the property was for burglary in an adjacent suite. The Part II Crime was related to one arrest in the parking structure of a transient. None of the crimes or calls for service were due to the business practice of the applicant or related to alcohol. 3. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the addition of the alcoholic beverage license. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a 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 RD 41 but lower than adjacent Reporting Districts 25, 28 and the City overall. RD 41 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 3 of 9 2. Year to date, ten calls for service representing less than one percent of all calls for service in the Reporting District have been reported at the subject property. All of the calls for service are not specifically related to the existing cafe or 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 eating and drinking establishment is developed within Mariners Pointe Shopping Center along West Coast Highway which is consistent with the General Plan designation, Commercial General. The shopping center consists of retail, service, and eating and drinking establishment uses. The property is not located within 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 site 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 change in Alcoholic Beverage Control license type is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. Currently there are no other establishments that sell alcohol within the shopping center. The closest 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. An eating and drinking establishment has operated at the subject property since 2015 with no operating issues or complaints. 2. 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 4 of 9 3. The existing 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. 4. The establishment is located within an existing shopping center which is developed with other commercial uses. Adding the alcohol beverage control license will not alter the existing operation, but will complement the 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 Support of Finding: 1. The General Plan designates the site as General Commercial (GC) which is intended to provide a variety of commercial uses. 2. The existing eating and drinking establishment is located within the 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. indin :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 ode,Facts in Support of Finding: 1. The site is located in Commercial General (CG) Zoning District which was intended to provide commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 2. The existing eating and drinking establishment operates pursuant to Use Permit No. UP2015-007 which allowed the existing cafe with interior and exterior seating, and hours of operation from 6:00 a.m. to 10:00 p.m. daily. 3. The use will remain an eating and drinking establishment and the addition of the alcohol beverage control license will not alter or intensify the existing use. Further, there will be no change to the floor area including the existing net public area and seats or the hours of operation. 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 5 of 9 Finding: D. 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 addition of the alcohol license does not change the operating characteristics of the existing eating and drinking establishment. 2. The eating and drinking establishment will remain complimentary to the other uses in the Mariner's Pointe shopping center, which will include retail stores, food services, and other commercial uses. It continues to contribute to making the shopping center a viable commercial node for the neighborhood and visitors. 3. The eating and drinking establishment will continue to 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 eating and drinking establishment 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 the alcohol license. 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 6 of 9 Facts in Support of Finding: 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. 2. The eating and drinking establishment will continue to 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 Commercial Corridor area. The service of alcohol will continue to 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 Minor Use Permit No. UP2016-042, 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. 3. Minor Use Permit No. UP2015-007 remains in effect for the operation of the cafe. PASSED, APPROVED, AND ADOPTED THIS 21St DAY OF NOVEMBER, 2016. Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans including seating plan, and building elevations stamped and dated with the date of this approval. 2. This Resolution approves Minor Use Permit No.UP2016-042, amending the existing Use Permit by changing one condition to allow alcohol sales and adopts the conditions below for the alcohol service. The Zoning Administrator Resolution No. ZA2015-015 and remaining Conditions of Approval from the existing Minor Use Permit No. UP2015-007 shall remain in effect for the operation of the cafe. 3. Use Permit No. UP2016-042 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. This minor 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. 7. 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 Xanadu Cafe Minor Use Permit including, but not limited to, Minor Use Permit No. UP2016-042 (PA2016-174). 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 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 8 of 9 pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 8. 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. 9. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 10. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 12. 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. 13. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 14. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 15. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The license 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. 16. 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. 17. Strict adherence to maximum occupancy limit is required. 05-26-2016 Zoning Administrator Resolution No. ZA2016-066 Page 9 of 9 18. 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. 19. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 20. The outdoor dining patio shall be separated from the commercial corridor with a solid decorative barrier (subject to ADA compliance) at least 26 inches high placed around the perimeter of the consumption area. 21. The applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No alcoholic Beverages Beyond This Point" at all premise exits. 05-26-2016