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HomeMy WebLinkAbout3.0_Urban Cup Minor Use Permit_PA2017-096coPCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT OR��P SUBJECT: Urban Cup Minor Use Permit (PA2017-096) SITE LOCATION: 2200 West Ocean Front =►LIIiiiX1M -3jaii, {i►C.x1J&XIIwall 191 APPLICANT: Urban Cup OWNER: Surfer Building LLC PLANNER: Chelsea Crager, Assistant Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY January 18, 2018 Agenda Item No. 3 A minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to an existing food service, eating and drinking establishment use (restaurant). The existing small restaurant is 1,625 square feet and includes 450 square feet of net public area and 32 seats. Hours of operation are 7 a.m. to 11 p.m. daily. There are no late hours (after 11 p.m.) proposed. If approved this minor use permit would supersede UP3535 that authorizes and limits the current use. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2018-002 denying Minor Use Permit No. UP2017-013 (Attachment No. PC 1). 1 9 Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Paqe 2 LOCATION VICINITY MAP ZONING CURRENT USE ON-SITE Mixed -Use Water Related MU -W2 Mixed -Use Water Related MU -W2 Restaurant NORTH Mixed -Use Water Related MU -W2 Mixed -Use Water Related MU -W2 Multi -unit residential dwellings SOUTH Mixed -Use Water Related MU-W2(MU-W2)Retail Mixed -Use Water Related EAST Mixed -Use Water Related MU-W2(MU-W2)Office Mixed -Use Water Related WEST Parks and Recreation PR u . Public beach � � 5 s * - E GENERAL PLAN ZONING .M1♦•tiM1 � y ♦M1 ��-:.. _ ,yM1OS II��x. �� L9M1 M1M1Oh � M1�lM1�M1�1�,y ♦n M1M1♦M1 .M1 u � 1^y til ,� L � 110"' �M1 tiyo tt`V �9 �� M1M1�� e� M1yOs �M1 M1�o M1 J�M1' M11p� 1y M1 W� ..Og p i 4 M1yC o•APo J;M1 'j1� -� t�N '•' y .Y. 1M1�� pAP � .'.0 M1M1e1 �1 �" ;�� LI •; ti' yG $ ♦M1M1 yG 'y �'Lt M1 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed -Use Water Related MU -W2 Mixed -Use Water Related MU -W2 Restaurant NORTH Mixed -Use Water Related MU -W2 Mixed -Use Water Related MU -W2 Multi -unit residential dwellings SOUTH Mixed -Use Water Related MU-W2(MU-W2)Retail Mixed -Use Water Related EAST Mixed -Use Water Related MU-W2(MU-W2)Office Mixed -Use Water Related WEST Parks and Recreation PR Parks and RecreationPR Public beach 3 Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Page 3 INTRODUCTION Project Setting The existing food service, eating and drinking establishment, Urban Cup, is located on the north corner of the West Oceanfront boardwalk and 22nd Street near McFadden Place. The area is characterized by a mix of residential uses and primarily visitor -serving commercial uses, including restaurants, bars, and retail stores. There is no parking on- site; however, the restaurant is adjacent to the West Oceanfront public parking lot. Background On June 23, 1994, The Planning Commission approved Use Permit No. UP3535 (Attachment No. PC 3) to allow alterations to an existing nonconforming building at the project site. At the time, the building was occupied by a legal, nonconforming take-out restaurant use. At that hearing, the use of the existing take-out restaurant was discussed and the Planning Commission concluded that the take-out restaurant use that would occupy the renovated building would not need a new use permit and could retain its nonconforming status so long as they did not expand or change the operational characteristics. A condition of approval of this use permit memorialized the restaurant use with up to 1,895 square feet of gross floor area and 634 square feet of net public area. Subsequently, several restaurants (Burger King, Famima!! Cafe, California Chicken Kitchen) have occupied the subject space and maintained hours of operation between 6 a.m. and 2 a.m. daily. On April 18, 2012, a zoning clearance letter (Attachment No. PC 4) was issued for Famima!!, a convenience store and cafe at the subject property. The zoning clearance letter further clarified the allowed food service eating and drinking establishment as a legal, nonconforming use pursuant to Use Permit No. UP3535. On May 10, 2017, the subject Minor Use Permit application was submitted to add a Type 41 ABC license to Urban Cup, the restaurant currently occupying the tenant space. The Zoning Administrator referred the application to the Planning Commission for consideration based on the level of public interest regarding alcohol sales on the Peninsula and in particular the area around McFadden Square and the Newport Pier. DISCUSSION Analysis General PlanlZoning Code/Coastal Land Use Plan The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code designate the property as Mixed -Use Water Related (MU -W2 and MU -W per the 0 Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Page 4 CLUP). This designation is applied to waterfront locations in which marine -related uses may be intermixed with building that provide residential on the upper floors. Food service, eating and drinking establishments with no late hours are permitted in this zoning district subject to approval of a minor use permit. Parking There is no parking provided onsite. The subject space has been operating as a restaurant since prior to 1994, when Use Permit No. UP3535 was approved, which memorialized the nonconforming restaurant use with up to 1,895 gross square feet and 634 square feet of net public area. Based on the operating characteristics and plans submitted by the applicant, the gross floor area of Urban Cup will not be increased and the net public area has been reduced to 450 square feet. Therefore, no additional parking is required. Alcoholic Beverage Sales — On Site In order to approve a minor use permit for alcohol sales, the Planning Commission must find that the use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). The purpose and intent of this section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. In finding that the proposed use is consistent with this section, the following criteria must also be considered: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 2. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 3. 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. 4. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The subject property is located in Police Reporting District 15 (RD 15) which includes a high number of resident, visitor, and tourist -serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve alcoholic beverages. As a result, RD 15 is considered the most concentrated area for alcohol establishments in the City. 5 Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Page 5 In 2016, a total of 288 crimes were reported in RD 15, which is higher than adjacent RD 12, RD 13, and RD 16 and is significantly higher than the Citywide average of 84 crimes per Reporting District. A contributing factor to the higher crime rate may be the result of several alcohol -serving establishments in close proximity to the public beaches, which attract a high number of visitors. As a result of the high concentration of alcohol -serving establishments in the area, particularly in the McFadden Square area of RD 15, the Police Department opposes the addition of an ABC license at the subject establishment. A memorandum provided by the Police Department with a summary of alcohol-related statistics is provided as attachment No. PC 5. Staff believes that the finding for alcohol sales cannot be made on the basis that the addition of alcohol service is anticipated to have an impact on law enforcement activities and calls for service. The proximity of residential uses may also be negatively affected by rising crime rates and additional calls for service which may pose a detriment to quality of life. Minor Use Permit Findings 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 minor 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 the Zoning Code and 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, or 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 addition of an ABC license at the subject location is consistent with the General Plan, Local Coastal Plan, and would be permitted within the MU -W2 Zoning District subject to the approval of a minor use permit. However, the proposed use is inconsistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) as stated above and therefore N Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Page 6 does not comply with all applicable provisions of the Zoning Code. Although the proposed use would be similar in operating characteristics to other allowed uses in the vicinity, which include eating and drinking establishments that serve alcohol, staff believes the addition of another ABC license in RD 15 could negatively affect public health and safety, inconsistent with legislative intent of the Zoning Code. This conclusion is based upon the Police Department's belief that alcohol sales at the existing restaurant will lead to increased alcohol-related disturbances and calls for service and the proximity of residential uses despite the proposed hours of operation. Alternatives If the Planning Commission believes that there are sufficient facts to support the findings for approval, the Planning Commission should approve the application. The attached Resolution for Approval (Attachment No. PC 2) is provided to facilitate the approval of the project. Environmental Review Projects that are denied are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines. Section 15270 states projects which a public agency rejects or disapproves are not subject to CEQA review. Should the Planning Commission approve the application, the project would be categorically exempt 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 impact on the environment. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Urban Cup is an existing food service, eating and drinking establishment and the proposed project only involves the addition of an ABC license to sell and serve alcohol. 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: Chelsea Crager, Assi tant Planner Submitted by: Jim Campbell Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution for Denial PC 2 Draft Resolution for Approval PC 3 Use Permit No. UP3535 PC 4 Famima!! Zoning Clearance Letter PC 5 Police Department Memorandum PC 6 Project Description PC 7 Project Plans 09121117 Urban Cup Minor Use Permit Planning Commission, January 18, 2018 Page 7 I Attachment No. PC 1 Draft Resolution for Denial 9 ID RESOLUTION NO. PC2018-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA DENYING MINOR USE PERMIT NO. UP2017-013 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS AND A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2200 WEST OCEANFRONT (PA2017-096) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Urban Cup ("Applicant'), with respect to property located at 2200 West Oceanfront, and legally described as Lot 1 in Block 22 of Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said county, ("Property"), requesting approval of a minor use permit. 2. The Applicant proposes a minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to an existing food service, eating and drinking establishment use. The existing food service, eating and drinking establishment use, allowed by UP3535, includes 450 square feet of net public area and 32 seats. Hours of operation are 7 a.m. to 11 p.m., daily. There are no late hours (after 11 p.m.) proposed. If approved, this minor use permit would supersede UP3535 3. The subject Property is located within the Mixed -Use Water Related ("MU -W2") Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related ("MU -W2"). 4. The subject Property is located within the Coastal Zone. The Coastal Land Use category is Mixed Use Water Related ("MU -W") and it is located within the Mixed Use Water Related ("MU -W2") Coastal Zoning District. The project is exempt from coastal development permitting requirements because the project does not intensify or expand the existing eating and drinking establishment use. 5. The Newport Beach Municipal Code ("NBMC") allows for Minor Use Permits to be approved at the administrative level; however, because this application relates to alcohol sales, the Director is forwarding this application to the Planning Commission for review. 6. A public hearing was held on January 18, 2018, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 11 Planning Commission Resolution No. PC2018-002 Paqe 2 of 4 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. SECTION 3. REQUIRED FINDINGS The Planning Commission may approve a use permit for an alcohol sales establishment only after making each of the six required findings set forth in NBMC Section 20.52.020(F) (Conditional Use Permit and Minor Use Permits) and NBMC Section 20.48.030(C)(3) (Alcohol Sales). In this case, the Planning Commission was unable to make the required findings based upon the following: Finding for Alcohol Sales A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). In finding that the proposed use is consistent with NBMC Section 20.48.030, 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; ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts; 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; iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption; and v. Whether or not the proposed amendment will resolve any current objectionable conditions. Findings for Minor Use Permit B. The use is consistent with the General Plan and any applicable specific plan. 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. D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Tmplt: 04/14/10 12 Planning Commission Resolution No. PC2018-002 Paqe 3 of 4 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. F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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 that, in this case, the addition of a Type 41 (On - Sale Beer and Wine) ABC license to the existing food service, eating and drinking establishment is not consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) and Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The subject property is located in Reporting District 15 (RD 15). 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 15 was 288 crimes reported in 2016, which is higher than adjacent reporting districts RD 12, RD 16, and RD 13 and the Citywide average. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is higher than RD 13, RD 16 and 12. 3. Reporting District 15 is considered the most concentrated for retail alcohol establishments in the City. Census Tract 635 contains one ABC license per 69 residents. The City of Newport Beach average is one ABC license per 194 residents, and Orange County average is one ABC license per 477 residents. 4. The location of the proposed establishment is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including the Stag Bar, 21 Oceanfront Restaurant, The Blue Beet, Baja Sharkeez, and Dory Deli, among others. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 5. Adjacent residential uses may be directly impacted by an increase in alcohol-related crime and calls for service. 6. The Police Department has reviewed the proposed use and objects to the addition of the Type 41 alcoholic beverage license because it could negatively affect public health and safety and may lead to an increase in alcohol-related disturbances and calls for service. SECTION 4. DECISION. Tmplt: 04/14/10 i3 Planning Commission Resolution No. PC2018-002 Paqe 4 of 4 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit Application No. UP2017-013. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN ABSENT: BY: W Peter Koetting, Chairman Erik Weigand, Secretary Tm plt 04/14/10 14 Attachment No. PC 2 Draft Resolution for Approval 15 IQ RESOLUTION NO. PC2018-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2017-013, AND SUPERSEDING UP3535, FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS AND A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2200 WEST OCEANFRONT (PA2017-096) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: I:yICS] riQ►MNMlr_T4ra�•Alai.rr•»;FAX"1--a 1. An application was filed by Urban Cup ("Applicant'), with respect to property located at 2200 West Oceanfront, and legally described as Lot 1 in Block 22 of Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said county, ("Property'), requesting approval of a minor use permit. 2. Applicant proposes a minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to an existing food service, eating and drinking establishment use. The existing food service, eating and drinking establishment use, allowed by UP3535 includes 450 square feet of net public area and 32 seats. Hours of operation are 7 a.m. to 11 p.m., daily. There are no late hours (after 11 p.m.) proposed. If approved, this minor use permit would supersede UP3535. 3. The Property is located within the Mixed -Use Water Related ("MU -W2") Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related ("MU - W2"). 4. The subject Property is located within the Coastal Zone. The Coastal Land Use category is Mixed Use Water Related ("MU -W") and it is located within the Mixed Use Water Related ("MU -W2") Coastal Zoning District. The project is exempt from coastal development permitting requirements because the project does not intensify or expand the existing eating and drinking establishment use. 5. The Newport Beach Municipal Code ("NBMC") allows for Minor Use Permits to be approved at the administrative level; however, because this application relates to alcohol sales, the Director is forwarding this application to the Planning Commission for review. 6. A public hearing was held on January 18, 2018 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 17 Planning Commission Resolution No. PC2018-002 Paqe 2 of 12 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. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves no alteration of an existing commercial building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the proposed use is consistent with NBMC Section 20.48.030, 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 15 (RD 15). 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 24 was 288 crimes reported in 2016, which is higher than adjacent reporting districts RD 12, RD 13, and RD 16. The Part One Crime rate in RD 15 is higher than the citywide average. This is largely due to the number of visitors to the Balboa Peninsula, the higher concentration of restaurants, visitor -serving uses, and the high ratio of nonresidential to residential uses in RD 15. The service of alcoholic beverages at the subject property would provide additional menu options for customers and would enhance the economic viability of the business. 2. With the included operating conditions of approval, including a closing hour of 11 p.m., the addition of a Type 41 ABC license is not likely to increase the crime rate of RD 15. Tmplt: 04/14/10 12 Planning Commission Resolution No. PC2018-002 Paqe 3 of 12 ii. The number 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 15 is higher than adjacent reporting districts RD 12, RD 13, and RD 16. This is largely due to the number of visitors to the Balboa Peninsula, the higher concentration of restaurants and visitor -serving uses and the high ratio of nonresidential to residential uses. The addition of a Type 41 ABC license with conditions of approval is not likely to increase the number of alcohol-related calls for service, crimes, or arrests in the area. 2. There were 192 calls for service to the subject property; however, they may not have all been related to the existing food service, eating and drinking establishment with some likely attributed to its location on the Ocean Front boardwalk. 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 subject property is located in a mixed-use district which allows for residential uses when intermixed with nonresidential uses. The nearest residential district is located approximately 325 feet northwest of the project site. The nearest residential units are located adjacent to the property to the north. The nearest recreational facility is the beach, is located adjacent to the property and the Newport Pier, located approximately 450 feet southwest. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east along West Balboa Boulevard. The nearest school, Newport Elementary School, is located approximately 0.7 miles to the east of the subject property, along West Balboa Boulevard. 2. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another and eating and drinking establishments with alcohol service are common. The proposed ABC license, in conjunction with the early closing hour, is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. Conditions of approval are included to further minimize potential negative impacts to the surrounding land uses and ensure that the use remains compatible with the surrounding community. 3. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to receive ABC -required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The location of the proposed establishment is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula, including the Stag Bar, Tmplt: 04/14/10 29 Planning Commission Resolution No. PC2018-002 Paqe 4 of 12 21 Oceanfront Restaurant, The Blue Beet, Mutt Lynch's, Blackie's by the Sea, and Dory Deli, among others. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, lower number of residential properties, and high number of restaurants in McFadden Square, Cannery Village, and Lido Marina Village. While the license -to -resident ratio is higher than average and the proposed restaurant is located in close proximity to other establishments, the location of the new ABC license in an established commercial area, together with the proposed operational characteristics would make the sale of alcoholic beverages acceptable. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. 2. The proposed use has been reviewed and conditioned to help ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for businesses is preserved. The service of alcohol is intended for the convenience of customers living in and visiting the area. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit 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 subject property has a General Plan land use designation of Mixed Use Water Related ("MU -W2") within the General Plan. The MU -W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on upper floors. The food service, eating and drinking establishment with alcohol service and no late hours is consistent with this designation. Eating and drinking establishments can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 2. The proposed use is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers on the Balboa Peninsula. The use of a food service, eating and drinking Tmplt: 04/14/10 20 Planning Commission Resolution No. PC2018-002 Paqe 5 of 12 establishment in a location previously occupied by a food service, eating and drinking establishment for over 24 years will continue to serve residents and visitors to the area 3. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 4. The subject property is not part of a specific plan area. Findinci 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; Fact in Support of Finding 1. The Property is located in the Mixed -Use Water Related ("MU -W2") Zoning District. A food service, eating and drinking establishment with alcohol service and no late hours is permitted in this zoning district with approval of a minor use permit. 2. A restaurant has been operating at the subject property since prior to 1994. The proposed alcohol service will expand the menu options for customers, does not intensify the use of the property and would enhance the economic viability of the business. 3. The subject property does not provide on-site parking; however, addition of an ABC license does not require additional parking and the property will remain legal, nonconforming. 4. The McFadden Square area, served by the two adjacent municipal lots and the close proximity to multiple commercial uses and beach and coastal recreation areas, will result in shared trips to the eating and drinking establishment. 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 Property is abutting residential uses to the north, commercial uses to the south and east, and recreational uses to the west. There is no live entertainment or dance floor. The operational conditions of approval recommended by the Police Department, relative to the sale of alcoholic beverages, will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure the welfare of the surrounding community. Tmplt: 04/14/10 21 Planning Commission Resolution No. PC2018-002 Paqe 6 of 12 2. The hours of operation of the food service, eating and drinking establishment are limited to 7 a.m. to 11 p.m., daily. The hours are compatible with other eating and drinking establishments in the area. 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; and Facts in Support of Finding 1. The subject Property is developed with the existing food service, eating and drinking establishment. There is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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 existing food service, eating and drinking establishment has been in operation since prior to 1994. The use has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential uses. 2. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area, which are related to the sale of alcohol. 3. All employees serving alcohol will be required to be at least 21 years of age, and undergo, and successfully complete, Responsible Beverage Service (RBS) training. Additional conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding residential land uses are minimized to the greatest extent possible. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-013, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows a food service, Tmplt: 04/14/10 LPN Planning Commission Resolution No. PC2018-002 Paqe 7 of 12 eating and drinking establishment with a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license with no late hours located at 2200 West Oceanfront. 2. This resolution supersedes Use Permit No. UP3535 as approved by the Planning Commission, which upon vesting of the rights authorized by this use permit, shall become null and void. 3. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. Tmplt: 04/14/10 23 Planning Commission Resolution No. PC2018-002 Paqe 8 of 12 PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Koetting, Chairman BY: Erik Weigand, Secretary Tm plt 04/14/10 24 Planning Commission Resolution No. PC2018-002 Paqe 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. Minor Use Permit No. UP2017-013 shall expire if not exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 4. This Minor 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. 5. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. 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 Minor Use Permit. 7. All exits shall remain free of obstructions and available for ingress and egress at all times. 8. 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 NBMC to require such permits. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. Tmplt: 04/14/10 2.5 Planning Commission Resolution No. PC2018-002 Paqe 10 of 12 10. A copy of Resolution No. PC2018-002, 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. 11. Prior to the issuance of building permits, Applicant shall submit to the Planning Division an additional copy of the approval architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets, only, and shall be reduced to size 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. The hours of operation for the food service eating and drinking establishment shall be limited to 7 a.m. to 11 p.m., daily. 13. The "net public area" shall not exceed 450 square feet for the interior of the subject restaurant facility. 14. There shall be no dancing allowed on the premises. 15. Live entertainment shall not be permitted unless an amendment to this use permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 16. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42. 17. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 18. 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. 19. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 20. Storage outside of the building, in the front or at the rear of the Property, shall be prohibited, with the exception of the trash container on pick-up days. Tmplt: 04/14/10 20 Planning Commission Resolution No. PC2018-002 Paqe 11 of 12 21. 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 Urban Cup Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-013 (PA2017-096). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' 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. 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. 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 22. All customers must vacate the establishment 30 minutes after closing. 23. The eating and drinking establishment shall close at 11 p.m., daily. 24. 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 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) license, in conjunction with the restaurant as the principal use of the restaurant facility. 25. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 29. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 30. No off -sales of alcohol shall be permitted. 31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the sale 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 Tmplt: 04/14/10 27 Planning Commission Resolution No. PC2018-002 Paqe 12 of 12 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. 32. 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. 33. "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). 34. Any event or activity staged by an outside promotor or entity, where Applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promotor or any other person based upon money collected as a door charge, cover charge or any other dorm of admission charge is prohibited. 35. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, to 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. 36. 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. 37. Strict adherence to maximum occupancy limits is required. 38. 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 NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Tmplt: 04/14/10 22 Attachment No. PC 3 Use Permit No. UP3535 29 SD COMMISSWIVERS �d O, "SR Cc11os�o CITY OF NEWPORT BEACH MINUTES -�>L June 23 1994 ROLL CALL INDEX Use Permit No 3535 (Public Hearing) tem N0.2 Request to permit alterations to an existing commercial building P3535 which is nonconforming with regards to Floor Area Ratio and off- street parking provisions. The proposed alterations include the pproved renovation and expansion of an existing take-out restaurant, the renovation of a portion of the existing retail space, and the request to demolish more than 50 percent of the existing walls of the building. The proposed alterations will result in a decrease in the prorated development intensity of the site. The proposal also includes a modification to the Zoning Code so as to allow the construction of a new trash enclosure that encroaches 5± feet into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Lot 1, Block 22, Newport Beach, located at 2200 West Ocean Front, on the northwesterly corner of West Ocean Front and 22nd Street, in the Cannery Village/McFadden Square Specific Plan area. ZONE: SP -6 APPLICANT: Francis Ursini, Costa Mesa OWNER: Same as applicant William Laycock, Current Planning Manager, requested that Condition No. 4, Exhibit "A" be amended to state "That the Floor Area Ratio (FAR) of the subject property shall be limited to a maximum of 0.91 as proposed." and that "unless an amendment to this use permit is approved by the Planning Commission' be deleted. The public hearing was opened in connection with this item, and Mr. Frank Ursini, applicant, appeared before the Planning Commission. Mr. Ursini addressed Exhibit "A", and he asked for a clarification of Condition No. 3 requesting that the future tenant of the restaurant shall be subject to a separate use permit -7- ENCLOSURE4 -�>L ` CO1VMISS%ONERS CITY OF 1@TEW1E'DRT BEACH MINUTES _ June 23 1994 ROLL CALL INDEX inasmuch as the use will remain the same. In reference to Condition No. 13, Mr. Ursini responded that it is feasible that Coastal Commission approval may not be necessary because of the type of reconstruction that is being done. In reference to Condition No. 15 stating that should over 75 percent of the existing perimeter walls be removed that the existing structure would be considered demolished and the subject use permit would become null and void, Mr. Ursini asked what would happen if during construction the wall would fall down. James Hewicker, Planning Director, responded to the aforementioned questions. He stated that the building will be vacated and reconstructed and it is staffs opinion that any new use in the building requiring a use permit should receive a use permit, and a use should not be 'grandfathered' that is not going to be there once the project is completed. Staff is not aware of why a Coastal Permit would not be required; however, Condition No. 13 could be modified stating that a Coastal Permit be obtained if required. Mr. Hewicker stated that if more than 75 percent of the walls should be demolished during construction then the use permit would be void and the new building would be constructed to the current Floor Area Ratios, or the applicant would have to come back to the Planning Commission for a use permit. In response to comments by Mr. Ursini regarding the use, Mr. Hewicker explained that inasmuch as the existing use does not have a use permit that, it allow the City to bring the restaurant use up to current zoning standards. Commissioner Ridgeway requested a clarification of the request for a second use permit for a restaurant use on the property. Mr. Hewicker explained that the existing use is legal nonconforming, and the restaurant use would be larger than the current use on the premises. Commissioner Ridgeway asked if the applicant maintains the identical square footage of 1,877 square feet in the restaurant would it be necessary to apply for an additional use permit? Mr. Ursini responded that he would reduce the size of the restaurant to avoid a second use permit. Commissioner -8- a� COMMISSIONERS 11 MINUTES no 9nnA JUIIQ baj 177Y ROLL CALL INDCX Gifford and Commissioner Ridgeway discussed the need to process two use permits. Robin Flory, Assistant City Attorney, explained that the purpose of the subject use permit is that the applicant is proposing to reconstruct less than 75 percent of the existing perimeter walls to be able to continue the nonconforming structure. If a business is operating that is nonconforming because it does not have a use permit, and on the basis that the structure would be reconstructed and expanded or changes would be made in the current use, then a use permit for the use should be required so as to be in compliance with current regulations. In response to comments by Chairman Merrill, Nis. Flory responded that she considered the changes that are being made on the subject site to be voluntary abandonment. Commissioner Edwards and Ms. Flory discussed Commissioner Edwards' comments regarding the alteration of the nonconforming structure, and if the applicant maintains the same use why should the applicant be required to come back for a second use permit. Commissioner Pomeroy stated that the intent is for property owners to be allowed to reconstruct older buildings, not change the use, and to upgrade the City. He suggested that Condition No. 3, Exhibit "A", could be amended to state that if the new restaurant take-out space is greater in size than the previous use i then a new use permit would be processed. Commissioner Pomeroy explained that inasmuch as the applicant has indicated that the proposed size would be reduced to the original size that a second use permit not be required. Commissioner Gifford and Mr. Hewicker addressed the numerous changes that could be made in the new restaurant's operational characteristics. In response to a question posed by Commissioner Gifford, Mr. Ursini replied that a new tenant lease would go into affect. Commissioner Ridgeway staled that a termination of a ease and a renegotiation of a new lease is not an abandonment. Mr. Ursini stated that inasmuch as he is required to retrofit the building for earthquake protection purposes, that the existing use -9- 3 COMMISSIONERS �db0 CITY OF NEWPORT BEACH CH MINUTES T„nn ')'2 100d ROLL CALL INDEX would have to leave the building temporarily. Ms. Flory suggested that the Planning Commission could determine if the use is an abandonment, and if the nonconforming use changes some time in the future, then the Planning Commission could make a decision. if a use permit would be required. Mr. Ursini explained that if the restaurant remains the same size it is possible that the seating area, the kitchen area, and the number of employees would remain the same. Commissioner Glover opined that the project shall not be considered an abandonment. The City is encouraging the property owners to invest money in the legal nonconforming buildings, and she suggested that if the applicant agrees to maintain the existing square footage, then he should not be required to apply for a new use permit. Ms. Flory stated that aforementioned Condition No. 3 could be amended to state that if the new tenant space maintains the same square footage, and the operational characteristics of the current nonconforming use are maintained, then a use permit would not be required. Mr. Jim Balding, 220 Nice Lane, No. 304, appeared before the Planning Commission. Mr. Balding stated that to bring the building up to earthquake standards, the applicant could install an interior rigid frame into the building that was built in 1910, or to reconstruct the building as proposed. Mr. Henry Johnson, 2202 West Ocean Front, appeared before the Planning Commission to state that he supports the proposed project. However, he expressed concerns regarding the trash container in the alley; the possibility that a high volume take-out restaurant would be located on the site; and that the restaurant's operational characteristics would change. Commissioner Pomeroy stated that if the Planning Commission approves the subject request and if the existing restaurant remains the same square footage that the applicant would be allowed to operate the take- out restaurant as it currently exists. -10- 3 COtV MI[SWONERS ® # MINUTES rune a.), iyyw ROLL CALL INDEX Ms, Marcia Dossey, 109 - 26th Street, President of the Newport Pier Association, appeared before the Planning Commission. She said that the merchants have been encouraged to revitalize the area for economic growth for the City and for the Balboa Peninsula. The subject request would improve the property to the existing zoning regulations, and the use would not change. She addressed the redevelopment that is in process on the Peninsula, and she determined that if the property owners would be limited in the rehabilitation of the buildings and the operational characteristics do not change, then it would be defeating the purpose for economic revitalization of the Peninsula. She said that the recommendation should be taken into consideration for all of the merchants in the area, otherwise the area would decline and the City's historical buildings and character would not be saved. There being no others desiring to appear and be heard, the public hearing was closed at this time. notion * Motion was made to approve Use Permit No, 3535 subject to the X11 Ayes findings and conditions in Exhibit "A", and to amend Condition No. 3 to state that in the event the area of the new take-out restaurant is larger or its operational characteristics are different than the existing restaurant, then a separate use permit shall be, required. Commissioner Pomeroy stated that it is not in the City's best interest to allow this type of work to be done and stilErequire that only 75 percent of the building be addressed and old walls have to stand. He said that if it is the intent to allow the nonconforming use to be rebuilt, then the City should allow it to be rebuilt properly in the most economical manner. Commissioner Edwards supported the motion. He suggested that an amendment be added to Condition No. 13 stating "as may be necessary." Ms. Flory recommended that Condition No. 4 be modified as previously suggested. Commissioner Pomeroy concurred with the recommendations. Commissioner Gifford asked how the present operational characteristics could be entered into the record whereby Mr. -11- i �. COMMISSIOWERS ® MINUTES (11� ���1 \E:��.1"«i1I•Z1 1:1 :fit II T-- 02 100A J 411i UJ, ROLL CALL INDEX Hewicker stated that staff would visit the existing restaurant and review the operation. Motion was voted on to approve Use Permit No. 3535 subject to the findings and conditions in Exhibit "A", and to modify Conditions No. 3, No. 4, and No. 13 as suggested. MOTION CARRIED. Findings; 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 2. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 3. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 4. That the cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. 5. That the cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed: 6. That the retention of the nonconforming condition is necessary to maintain reasonable use of the structure. 7. That the retention of the nonconforming condition is necessary to preserve a substantial property right. -12- 3 COMMISSIONERS 0 # MINUTES nn InnA JuIIG GJ, 1J7Y ROLL CALL INDEX 8. That the net overall parking requirement will be reduced by one parking space in conjunction with the proposed development. 9. That the PAR of the commercial use will be reduced from 0.99 to 0.91. 10. That the proposed modification to the Zoning Code is consistent with the legislative intent of Title 20 of this Code, given that the proposed trash enclosure encroachment into the 10 foot rear yard setback will result in improved vehicular circulation and sight distance in the alley over the current building that encroaches to the rear property line. 11. The approval of Use Pernut No. 3535 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plan and elevations, except as noted below. 2. That the existing take-out windows adjacent to the public sidewalks shall be removed or otherwise filled-in and shall not be reinstalled or utilized, unless a use permit is approved for use of said windows. 3. That in the event the area of the new take-out restaurant is larger, or its operational characteristics are different than the existing restaurant, then a separate use permit shall be required. -13- COMMISSIONERS cCII`ICY OF NEWPORT BEACH MINUTES Julie 6,7, .LYY t ROLL CALL INDEX 1. That the Floor Area Ratio (FAR) of the subject property shall be limited to a maximum of 0.91 as proposed. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. That a 5 foot corner cutoff at the corner of 22nd Street and West Ocean Front be dedicated to the public prior to issuance of any building permits unless otherwise approved by the Public Works Department and that the proposed structure not encroach into the newly dedicated easement area. 3. That the proposed structure maintain a minimum 10 foot rear yard setback adjacent to the alley, except for the proposed trash enclosure which is permitted to encroach a maximum of 5 feet into the alley setback. That any sidewalk improvements damaged during the construction of the proposed development be reconstructed to match existing. All damaged sidewalk shall be replaced in full panels as approved by the Public Works Department. All work within the public right-of-way shall be constructed under an Encroachment Permit issued by the Public Works Department. 0. That all proposed entry doors be designed so that they will not swing out onto the ocean Front or 22nd Street sidewalks. 1. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by -14- COMMISSIONERS Prdc`p�� o� for dd�s o 11 %l i `ra U, til.�:1 L';f_-� MINUTES J 23 1994 une ROLL CALL INDEX proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage ' or delivery of materials within the West Ocean Front right- of-way. Pedestrian facilities shall be maintained at all limes along the West Ocean Front frontage. 12. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24,140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 13. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits for construction or demolition, except as provided for seismic upgrade pursuant to Section 20.33.070 and Chapter 15.07 of the Municipal Code, as may be necessary. 14. That the lighting system shall be designed, directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. 15. That should over 75% of the existing perimeter walls be removed, the existing structure will be considered demolished, and this use permit shall become null and void. 16. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 15- 3 COtV[MSSIONERS MINUTES ROLL CALL i June 23, 1994 17. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. approve a traffic study for a proposed automobile AND quest to permit th establishment of an automobile rental ility which includes a c - washing and maintenance facility and derground fuel facilities n property located in the TvD 1-A strict. The proposal also in -ides a modification to the Zoning de so as to allow a monumei sign and an electric guard gate encroach into the required 15 tfront yard setback. 4TION: Lots 2S and 26, act No. 3201, located at 4242-4262 Camp Drive\Architects, on the southeasterly side ofeen Dove Street and vard, across from the Joh E: M -1-A .ICANT: Nogle Ontlfer Associ, San Diego The Shattuck Family Trust, Newport Fames Hewicker, Planning Director, referred to Condition No. 28, Exhibit "A", requesting a Lot Line Adjustment, whereby he suggested that a Covenant be required so as to hold the two -16- INDEX Item No.3 TS 97 UP3530 Attachment No. PC 4 Famima!! Zoning Clearance Letter KIM 42 April 18, 2012 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov Ryan Umemoto Famima Corporation 20000 Mainer Avenue, Suite 100 Torrance, CA 90503 Re: Famima!! Convenience Store/Cafe (2200 West Ocean Front)— Zoning Clearance Letter Dear Mr. Umemoto, Thank you for submitting a description of the proposed operation and revised floor plans for Zoning Clearance. As you know, the existing restaurant space is considered nonconforming because it does not maintain a conditional use permit and does not provide parking. However, on June 23, 1994, the Planning Commission approved Use Permit No. 3535 to allow alterations to the existing nonconforming building. At that hearing, the use of the existing take-out restaurant was discussed and the Planning Commission concluded that the take-out restaurant use that would occupy the renovated building would not need a new use permit and could retain its nonconforming status so long as they did not expand or change the operational characteristics. The Planning Commission added Condition No. 3 memorializing that determination and requires that if a new take-out restaurant is larger or it's operational characteristics are different than the existing restaurant at the time, a separate use permit would be required. Subsequently, several take-out restaurants have occupied the subject restaurant space and have maintained hours of operation between 6:00 a.m. and 2:00 a.m., daily. Pursuant to Building Permit No. 69501014 and the approved plans for a tenant improvement for Burger King, the gross square footage of the suite is approximately 1,895 square feet and the customer dining area was approximately 634 square feet. Based on the proposed operational characteristics and plans submitted for the Famima!! convenience store and cafe, the gross floor area of the take-out restaurant space will not be increased and customer dining area has been reduced to approximately 275 square feet; therefore, it has been determined that the use may continue operating as an existing nonconforming take-out restaurant use. Please note that any changes to the operational characteristics of the proposed use or additional changes to the floor plan shall be reviewed by the Community Development Department and may require a new Zoning Clearance. Should in the future you wish to enlarge the restaurant space or change the operational characteristics (including extending the hours of operation or adding the sale of alcoholic beverages), then a RE conditional use permit will be required. If you have any questions regarding this letter or the project, please contact me at 949-644-3209. Sincerely, ime Mu�ill�� Associate Planner Enclosures: 1. Description of operation 2. Proposed floor plans and public areas 3. Previously approved floor plans (Building Permit No. 9501014) 4. Use Permit No. 3535 C11z"I Attachment No. PC 5 Police Department Memorandum &JIM IN NEWPORT , DIVISIONDETECTIVE MEMORANDUM TO: Chelsea Crager, Assistant Planner Planner FROM: Wendy Joe, Police Civilian Investigator DATE: December 20, 2017 SUBJECT: Urban Cup 2200 West Ocean Front Use Permit No. UP2017-013 (PA2017-096) At your request, the Police Department has reviewed the project application for Urban Cup, located at 2200 West Ocean Front, Newport Beach. Per the project description, the restaurant is legal nonconforming with no existing use permit or alcohol license. The applicant is requesting to add a Type 41 (On -Sale Beer and Wine — Eating Place) Alcohol License to their 32 seat restaurant. The proposed hours of operation are from 7:00 a.m. to 11:00 p.m., daily. 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 41 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 crime, arrests, and calls for service in and around the applicant's current place of business at 2200 West Ocean Front. 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 37'h Street to 201h Street. 47 Urban Cup UP2017-013 RD 15 is our highest crime area in Newport Beach with significant quality -of -life concerns for the residents, as well as the Police Department. In 2016, RD 15 was 243% over the average number of reported crimes as determined from all crime -reporting districts within the City. The highest volume crime in RD 15 was Simple Assault, which is in most cases is alcohol related. RD 15 is also the area with the highest arrest numbers. This Reporting District is 649% over the average number of arrests as determined from all crime -reporting districts within the City. Over half of all arrests are for either: Public Intoxication, DUI, or other alcohol laws; Public Intoxication being the highest volume. The statistical data attachment shows 192 calls for service to this particular location in 2016. The business itself is not to blame for those calls, but it does paint a decent picture of the activity around the location. Essentially, there was one police call made to that location every other day on average. This location exceeds the legal criteria for undue concentration pertaining to crime. Alcohol License Statistics The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 83 active retail licenses. That is a per capita ratio of 1 license for every 69 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 477 residents and find that RD 15 is significantly over saturated. It is important to note there are 8 ABC licensed establishments along West Ocean Front; 16 ABC licensed establishments total if you include the entire McFadden Square. This particular neighborhood within RD 15 is significantly over saturated. This location exceeds the legal criteria for undue concentration pertaining to alcohol licenses. Discussion and Recommendations The applicant's location has endured high turnover in the last 10 years and struggles to maintain tenants for extended periods of time. The Police Department is not comfortable supporting a new land use for alcohol in this particular location with its proven instability. Based on the above listed evidence indicating the severe presence of undue concentration located immediately around the applicant's business and the high business turnover at the applicant location, the Police Department objects to this application. We respectfully request the Planning Commission reflect on the above data when considering this project. Should the project be approved, the Police Department requests the below conditions be considered. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 42 Urban Cup UP2017-013 1. The eating and drinking establishment shall close at 11:00 p.m. daily. 2. All customers must vacate the establishment 30 minutes after closing. 3. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 4. 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 41 (On -Sale Beer and Wine — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. There shall be no live entertainment or dancing allowed on the premises. 8. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 9. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 10. No off -sales of alcohol shall be permitted. 11. Food service from the regular menu shall be made available to patrons until closing. 12. 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. 13. 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. 14. "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). 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 based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 4J° Urban Cup U P2017-013 16. 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. 17. 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 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 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. 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 recordings available to the Police Department 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 Wendy/ -Joe at (949) 644-3705 or wjoe@nbpd.org. Wend+Civilan Poli estigator, Special Investigations GT '4IZ l Steve Rasmussen, Lieutenant Detective Division 50 NEWPORT BEACH POLICE DEPARTMENT CHIEF JON T. LEWIS 2016 CRIME AND ALCOHOL-RELATED STATISTICS SUMMARY FOR URBAN CUP AT 2200 W OCEAN FRONT (RD15) Subject: 2200 W ocean Front Subject RD: RD35 8,668 Adjacent RD::. RD16 Adjacent RD: RD13 3,829 Adjacent RD: 288 84 +204 +243% Simple Assault 591 105 84 +21 +25% Burg/Theft From Auto IT 93 84 +9 +11% Vandalism 178 RD12 78 84 -6 -7% Burg/Theft From Auto Newport Beach 93,685 3,177 notapplkable not applicable not l'rca bl Burg/Theft Subject: 2200 W Ocean Front Subject Census Tract: 635 Adjacent Census Tract: 636.03 Adjacent Census Tract: 629 Adjacent Census Tract: 628 app e From Auto 'PartI Crimes are the 8 most serious crimes as defined by the Fel Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny -Theft Auto Theft, andArson. This report reflects City of Newport Beach Part I crime data far 2016, as well as Simple Assault and Vandalism. ABC Info Population Active License Per Licensed Licenses Capita Establishment$, nor opphcoble not applicable 5,726 83 69 73 6,221 8 778 8 1,626 0 0 0 4,220 36 117 32 Newport Beach 85,186 439 194 389 74 3,457 0 11 2 35 41 259 7 Public 338 Intoxication 6: 14 43 2 Public 142 Intoxication 7 351 663 18 Drug -Related 1,068 aft • Legend ABC Licenses Count • 1 • 2 3-4 5-7 • 8-11 3,010,232 6,314 477 5.561 Number of Active ABC Licenses is the total of oil types of retail licenses known to the NBPD as of 01/16/2017. All Population figures taken from the 2010 US Census. 91, c S - `CC £ c ec �&= Subject Location w • r 5/25/2017 51 52 Attachment No. PC 6 Project Description 53 Urban Cup 2200 W. Oceanfront Newport Beach, CA 92663 Chelsea Crager Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 July 13, 2017 Dear Ms. Crager, Thank you for meeting with us on June 29th to discuss our Minor Use Permit application. While we understand that the Police Department is not in favor of this request, we believe the request is consistent with the Zoning & Municipal Code and should be allowed. Per your follow up email, please see justification to support of our application. 1. The use is consistent with the General Plan and any applicable specific plan; • Allowing alcohol licenses in the area of McFadden Square and Oceanfront is consistent with the General Plan. Ancillary sales of beer and wine at this location is consistent with the General Plan's goals and objectives to ensure a vibrant and visitor -serving area immediately adjacent to the beach. Additionally this use fits in to a unique niche where it offers residents and visitors more affordable family options in McFadden Square. 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; Both the Zoning Code and Municipal Code allow alcohol sales in this zone. Urban Cup is no different than other similar uses that are allowed alcohol sales. Allowing alcohol sales ensures a level playing field with similar businesses who offer beer and wine, as well as, full -bars. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Urban Cup is an oceanfront restaurant open from 7 am-11pm daily, 7 days a week. The quick serve concept serves breakfast, lunch and dinner and has 32 seats in a dining space of 450 square feet. It is located in an area with heavy foot traffic and is frequented by locals and visitors alike. The location has been zoned as a quick serve restaurant for over 50 years and this request to amend the permit is consistent with the general plan and zoning. 5.5 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 • As mentioned above, the request to for a minor use permit at this existing location is an ancillary use that is consistent with the layout and does not impact the emergency vehicle services as they already exist today. 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. Our business, Urban Cup, is located in a zone with many food establishments, most of which serve alcohol. Denying our request for a Minor Use Permit would deny us a use afforded to other similar uses in the same zone. Urban Cup is the only establishment of the eight bars/restaurants with inside seating on Oceanfront that does not serve alcohol — creating a biased market place when customers are making their dining choices. It is apparent that the City does not see that allowing establishments in this zone to serve alcohol jeopardizes or endangers the public. In the past six months the Dory Deli was granted a full liquor license. By denying this request, our business is put at a distinct economic disadvantage in the area. In addition to providing justification to the points outlined in your letter, I wanted to clarify that our hours of operation is 7am-11pm daily. I apologize for any inconsistencies in the application. Thank you in advance for your time. Both the building owners and I look forward to hearing from you in hopes that our application is now complete and a hearing can be scheduled. Sincerely, Hieu Do Urban Cup 50 Attachment No. PC 7 Project Plans 52 PA2017-096 rite Plan rf5 Attachment No. PC 7 - Project Plans Wam w!F/le�is tiyn��q�� ®w•nr uY ����Cs.yt � AMA A mm w�RM .w♦ JTcMuft Engineers iml alumn. �a UR�IC.RJVEUYAIt 16 )14M41]L iIJL 1149641'tll C O t yJ 8 EL �.�J � o U E U ZN Cu rite Plan rf5 Attachment No. PC 7 - Project Plans Wam w!F/le�is tiyn��q�� ®w•nr uY ����Cs.yt � AMA A mm w�RM .w♦ JTcMuft Engineers iml alumn. �a UR�IC.RJVEUYAIt 16 )14M41]L iIJL 1149641'tll T1 TrrLE SHEET C O 8 EL � o U n U Cu T1 TrrLE SHEET PA2017-096 Attachment No. PC 7 - Project Plans Tcnk Engineers No C 0 m & 0 U n j U m M A-1 FLOOR PLAN 00 Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: Urban Cup Minor use permit From: Richard Bergstrom [mailto:richard7b anvahmarketing.com] Sent: Wednesday, January 10, 2018 1:30 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Cc: Kiff, Dave <DKiff@newportbeachca.gov> Subject: Urban Cup Minor use permit Normally I never have a problem with this kind of request, but come on, do we really need another drinking establishment in this already saturated area. Richard Bergstrom HOA President Newport Marina Villas 4405 W. Coast highway Newport Beach Ca. 92663 4avag This email has been checked for viruses by Avast antivirus software. �►i� www.avast.com Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: Support of Urban Cup's Request From: D. Tucci [mailto:dtucci@hotmaii.com] Sent: Tuesday, January 16, 2018 1:24 PM To: Crager, Chelsea <ccraeer@newoortbeachca.eov> Subject: Support of Urban Cup's Request Ms. Crager, I am sending you this email in support of Urban Cup's application to sell beer and wine at their establishment. As a 25+ year property owner and resident of West Newport, I have seen many businesses come and go. I also know how hard it is for a food/beverage service business to be a success. The addition of beer/wine to the offerings at Urban Cup will enhance the customer experience as well as give them an even better chance at success and ultimately make the McFadden Square area a nicer place for tourists and locals alike to spend some time. I hope you can support them in their efforts. Thank you, Dominic Tucci REALTOR, CDPE, CNE, SFR (Team Tucci TeamTucci ITim Carr Group C: 949 632 2269 TeamTucci.com Villa Real Estate 450 Newport Center Drive, Suite 100 Newport Beach, CA 92660 BRE No.01506188 Check out my YouTube channel here: httos://www.youtube.com/channel/UCX wTkGW6YPaOtsxYASvolw Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: Letter of Support for Urban Cup Attachments: Scanned from a Xerox Multifunction Printer.pdf —Original Message— From: Boyle, Brian[mailto:brian.boyle@blackrock.com] Sent: Tuesday, January 16, 2018 1:49 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Letter of Support for Urban Cup Hello Chelsea, Attached please find my letter of support for Urban Cup's proposed CUP change. Thank You! Brian Boyle 949-933-2688 This message may contain information that is confidential or privileged. If you are not the intended recipient, please advise the sender immediately and delete this message. See http,.//vvvvw.blackrock.com/corporate/en-us/compliance/email-disclaimers for further information. Please refer to http://www.blackrock.com/corporate/en-us/compliance/privacy-policy for more information about BlackRock's Privacy Policy. For a list of BlackRock's office addresses worldwide, see http://www.blacl<rock.com/corporate/en- us/about-us/contacts-locations. © 2018 BlackRock, Inc. All rights reserved. Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Brian & Mary Boyle 2142 Miramar Drive Newport Beach, CA 92661 January 16, 2018 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Re: Urban Cup Dear Planning Commissioners, As a homeowner on the Balboa Peninsula for the last six years, I would like to offer my support for the upcoming request put forth by Urban Cup, located at 2200 W. Oceanfront, to have a change made to their CUP which would allow the on premise sale of beer and wine. In recent years, Mary and I have enjoyed the influx of quality dining establishments in the McFadden Square area. We often dine at these establishments with our family. That being said, Urban Cup is at an economic disadvantage because they are currently unable to serve beer or wine with their food. Being that all other dining establishments on the oceanfront currently offer beer and wine, we often find ourselves going to other establishments despite the fact that Urban Cup offers high quality and delicious food. With this in mind, I encourage you to support their request at Thursday's hearing. Please feel free to co ct me should you have any questions or concerns. Since ly, Brian P. Boyle brian.bovle@blackrock.com 949-933-2688 Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: Liquor license —Original Message— From: Neil Brandom [mailto:Brandom@brooks-street.com] Sent: Tuesday, January 16, 2018 2:15 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Liquor license I am a 25 year resident of Newport Beach. I am writing to urge you to approve the minor use permit for the following business. URBAN CUP MINOR USE PERMIT (PA2017-096) 2200 West Ocean Front Thank youl Neil Brandom Brooks Street 1300 Quail Suite 100 Newport Beach CA 92660 949.833.0222 O 949.375.0924 C 949.833.1960 F Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: Urban Cup minor use permit - PA2017-096 From: Charlotte Saydah [mailto:csavdah@email.com] Sent: Tuesday, January 16, 2018 2:46 PM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: Urban Cup minor use permit - PA2017-096 Dear Planning Commissioners: 2200 West Ocean Front I am writing you to urge you to consider approving the above referenced item. Allowing a restaurant that closes at 11 p.m, to have beer and wine is completely reasonable. Every other restaurant along West Ocean Front serves at a minimum beer and wine, if not more. In order to level the playing field, your approval of this item is merited. I respect staff's opinion; however, with the new businesses being added in the area, as well as in Lido —why not allow this business, already established and operating fairly, the same privilege. Please support this request. Sincerely, Charlotte Saydah 702 1/2 Marigold Avenue Corona del Mar Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: URBAN CUP MINOR USE PERMIT (PA2017-096) —Original Message— From: Kyle C. Hawley [mailto:kyle@Tricorealty.com] Sent: Tuesday, January 16, 2018 3:03 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: URBAN CUP MINOR USE PERMIT (PA2017-096) Dear Planning Commissioners, Re: URBAN CUP MINOR USE PERMIT (PA2017-096 2200 West Ocean Front As a long time Newport Beach resident, I am delighted to see all the investments being made in McFadden Square and the adjacent areas. The request before you is straightforward, and the applicant in not requesting anything others in the area do not already have. Even the gelato shop has a liquor license. On the heels of other recent approvals almost identical to this request, this request seems equally as qualified as those having already been approved. Their hours state they will close at 1 1 p.m., and they are only requesting beer and wine. We need good, viable establishments. I urge you to approve this request. Sincerely, Kyle Hawley I.T. Manager Trico Realty Inc. Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Subject: FW: URBAN CUP Letter Attachments: URBAN CUP Letter.docx From: Christopher Moreno[mailto:cmoreno@surterreproperties.comj Sent: Tuesday, January 16, 2018 3:28 PM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: URBAN CUP Letter Please see attached. Good luck. Sincerely, Chris Christopher M. Moreno Surterre Properties 1400 Newport Center Dr. #100 Newport Beach CA 92660 www.iLoveNewport.com (949) 280-6357 Planning Commission - January 18, 2018 Item No. 3a Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Dear Planning Commissioners, RE: URBAN CUP Minor Use Permit (PA2017-096) 2200 West Ocean Front Congratulations and thank you for completing the West Newport Beautification Project. As a business owner in Newport Beach, the Newport Beach Athletic Club Cafe, and holder of a beer and wine license, we know first-hand how tough it is to compete and succeed in this industry. We hope that you will strongly consider granting the URBAN CUP their license. We spend a lot of time in West Newport and this is just the type of businesses we hope succeeds. The success of the URBAN CUP would be a feather in the cap for the city and justification that the investement in W. Newport was a wise decision. Thank you for your consideration. Sincerely, Chris Moreno 949-280-6357 Co -Owner www.NBACcafe.com 1367 Avocado Ave. Newport Beach CA 92660 Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: URBAN CUP MINOR USE PERMIT (PA2017-096) at 2200 West Ocean Front From: Peter Desforges fmailto:peter@wohlinvestment.com] Sent: Tuesday, January 16, 2018 5:43 PM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: URBAN CUP MINOR USE PERMIT (PA2017-096) at 2200 West Ocean Front Dear Planning Commissioners, I am writing to urge you to approve the above referenced item. Allowing a restaurant that closes at 11 p.m. to have beer and wine is completely reasonable and is consistent with the surrounding uses. Every other use along West Ocean Front serves at a minimum beer and wine, and many have a full bar. In order to level the playing field and insure the long term success of this business, your approval of this item is merited. I respect staff's opinion; however, with the new businesses being added in the area, as well as in Lido - why not allow this already established business the same privilege? Please support this request. Sincerely, Peter Desforges 1973 Port Claridge Place Newport Beach, CA 92660 Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: URBAN CUP MINOR USE PERMIT (PA2017-096) From: Tracy Arcuri [mailto:tarcuril@gmail.com] Sent: Tuesday, January 16, 2018 6:06 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: URBAN CUP MINOR USE PERMIT (PA2017-096) Dear Planning Commissioners, Re: URBAN CUP MINOR USE PERMIT (PA2017-096) 2200 West Ocean Front When one looks at zoning codes and treating applications differently we lose the principle of justice "equals should be treated equally". I believe the above referenced application is a perfect example of this. Stating that: "As a result of the high concentration of alcohol -serving establishments in the area, particularly in the McFadden Square area of RD 15, the Police Department opposes the addition of an ABC license at the subject establishment,' is understandable at first glance. However, considering the area, allowing a restaurant to sell beer and wine - who is not requesting extended hours - is not an abnormal request. Especially when ALL of the other similar establishments, as well as, a number of new establishments in the area, have been granted this privilege. It seems injustice to deny this one. I urge you to reconsider and approve this request. Sincerely, Tracy Arcuri Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany From: Crager, Chelsea Sent: Wednesday, January 17, 2018 8:23 AM To: Ramirez, Brittany Subject: FW: Urban Cup Beer & Wine Application Attachments: 20180116175507343.pdf CHELSEA CRAGER o � Assistant Planner U G4senrr Community Development Department I Planning Division ccraaeripwnewportbeachca. aov ULL•II1C7:Yii� CITY OF NEWPORT BEACH 100 Civic Center Drive, Newport Beach, California 92660 1 newportbeachca.Pov From: Doug Wetton [mailto:doug@dwinvestments.com] Sent: Tuesday, January 16, 2018 6:01 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Urban Cup Beer & Wine Application Please see the attached letter concerning the Beer & Wine application for Urban Cup. All the best, Doug Wetton 4 Doug Wetton PROPERTIES Doug Wetton Properties PO Box 5647 I Balboa Island, CA 92662 o 949.759.0220 ex 102 1 f 949.759.0240 1 c 949.500.4760 U] 7gD5UUH,IN Real Estate - InveMnient, Development, Management, l3roke:rage & Consulting January 16, 2018 Dear Planning commissioners, I am sending you this email in support of Urban Cup's application to sell beer and wine at their establishment, As a 25+ year property owner and resident of West Newport, I have seen many businesses come and go. I also know how hard it is for a food/beverage service business to be a success. The addition of beer/wine to the offerings at Urban Cup will enhance the customer experience as well as give them an even better chance at success and ultimately make the McFadden Square area a nicer place for tourists and locals alike to spend some time. I hope you can support them in their efforts. Sincere) Augetton PO Box 5647, Balboa Island, CA 92662 P: (949) 759-0220 M'. (949) 5004760 F: (949) 759-0240 www.dwi tivo,stments.coni Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup From: Peter Belden[mai Ito: Peter[a)newportboardclub.com] Sent: Wednesday, January 17, 2018 8:23 AM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: Urban Cup Dear Planning Commissioners, As a 20 -year seasonal Ocean Lifeguard, long-time Newport Beach resident and a recent small business owner on the peninsula, I'm incredibly happy to see the investment and progress of McFadden Square and the Blackies area. I'm writing today because I understand Urban Cup is seeking a Minor Use Permit (PA2017-0906) to sell beer and wine just like most of the other businesses in the immediate area. I believe their request is straightforward and reasonable, and so I would encourage the staff to support this request. Thank you, Peter Belden Peter Belden (949) 375-2461 OC Register I LA Times Facebook I Instagram www.newportboardclub.com Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup's Application to Sell Beer/Wine From: Stathi G. Marcopulos [mailto:smarcopulos@ihrep.coml Sent: Wednesday, January 17, 2018 9:49 AM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: Urban Cup's Application to Sell Beer/Wine Dear Planning Commissioners, This email is in support of Urban Cup's application to sell beer and wine at their McFadden Square location. I have resided and worked in Newport Beach for many years and know how hard it is for a food/beverage service business to be competitive in our area. Offering beer and wine at Urban Cup will improve the customer's experience, give the restaurant a stronger chance of success, and make the area an even better place for tourists and locals to spend their time. Thank you for your consideration and I hope you can support them in their efforts. Stathi G. Marcopulos Chief Operating Officer/General Counsel JH Real Estate Partners, Inc. 520 Newport Center Drive, Ste 780 Newport Beach, CA 92660 949.723.8989 x121 949.723.8988 Fax smarcopulos@hrep.com Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: URBAN CUP MINOR USE PERMIT (PA2017-096) From: Ken LaCroix[mailto:LongboardKen@outlook.coml Sent: Wednesday, January 17, 2018 8:30 AM To: Crager, Chelsea <ccrager@newportbeachca.eov> Cc: Koetting, Peter<pkoettine@newportbeachca.eov>; Zak, Peter <pzak@newportbeachca.eov>; Weigand, Erik <eweisand@newportbeachca.eov>; Dunlap, Bill <bdunlap@newportbeachca.aov>; Kleiman, Lauren <Ikleiman@newportbeachca.eov>; Kramer, Kory <kkramer@newportbeachca.eov>; Lowrey, Lee <I lowrey@ newportbeachca.eov> Subject: URBAN CUP MINOR USE PERMIT (PA2017-096) Planning Commission of Newport Beach: I am writing in support of a liquor license for Urban Cup at 2200 West Ocean Front. I am a longtime resident of Newport Beach, having first moved here in 1971, and frequent small businesses in the city, including this area near the Newport Pier. I feel this this would make a great addition the ambiance of the area. Thank you for your consideration, Ken LaCroix 2315 Eastbluff Drive Newport Beach, CA 92660 949-279-8219 Planning Commission - January 18, 2018 Item No. 3b Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup - Use Permit From: Marie Case [mailto:marie@case-comm.com] Sent: Wednesday, January 17, 2018 1:16 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Cc: Koetting, Peter <pkoetting@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Kleiman, Lauren <Ikleiman@newportbeachca.gov>; Kramer, Kory <kkramer@newportbeachca.gov>; Lowrey, Lee <I Iowrev@ newportbea chca.gov> Subject: Urban Cup - Use Permit I am writing in support of the Urban Cup Minor Use Permit (PA2017-096). The Urban Cup, located at 2200 West Ocean Front, is owned by a local family who also own other businesses in the area. They are upstanding people and good business operators. Approval of the liquor license would be a boon for the City's tourism offerings as well as for local residents in that area. I urge you to approve this permit. Thank you for your consideration and for your service to the City of Newport Beach. Marie Case Case Communications 0.949.721.8422 1 0.714.745.8177 Marie(d),,Case-Comm.com I www.Case-Comm.com Planning Commission - January 18, 2018 Item No. 3c Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup"s Application From: mail ilfarro.com ]mailto:mail@ilfarro.com] Sent: Thursday, January 18, 2018 12:33 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Urban Cup"s Application Dear Planning commissioners, Just a few wards As a business Owner for 25 years in Newport Beach I have seen many businesses come and go in that location. The addition of beer/wine to the offerings at Urban Cup, will give a better chance of success to stay in business. I am sending you this email in support of Urban Cup's application to sell beer and wine at their establishment. I hope you can support them in their efforts. Thank you, Domenico Maurici Planning Commission - January 18, 2018 Item No. 3c Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup Beer & Wine License From: Pete Levonian [mailto:pete@21oceanfront.com] Sent: Thursday, January 18, 2018 1:58 PM To: Crager, Chelsea <ccraeer@newportbeachca.eov> Subject: Urban Cup Beer & Wine License Dear Planning commissioners, I am sending you this email in support of Urban Cup's application to sell beer and wine at their establishment. As the Owner and Operator of 21 Oceanfront Restaurant and Doryman's Inn I would like to see Urban Cup succeed. Having them in the Newport Pier area is wonderful for the visitor market and the addition of beer & wine at Urban Cup will enhance the customer experience. It will give them a better chance at success and ultimately make the McFadden Square Pier area a nicer place for tourists and locals alike to spend some time. hope you can support them in their efforts. I urge you to approve the Urban Cup license request. Sincerely, Pete Levonian Pete Levonian CFO 21 Oceanfront Restaurant Doryman's Oceanfront Inn 2100 West Oceanfront Newport Beach, CA 92663 (ph)949-673-2100 (fax)949-673-2101 peteCo)21oceanfront.com Planning Commission - January 18, 2018 Item No. 3d Additional Materials Received Urban Cup Minor Use Permit (PA2017-096) Ramirez, Brittany Subject: FW: Urban Cup Use Permit - Support From: Mario Marovic [mailto:marioC@louneeeroup.com] Sent: Thursday, January 18, 2018 4:48 PM To: Crager, Chelsea <ccraeer@newportbeachca.gov> Subject: Urban Cup Use Permit - Support Dear Planning Commissioners, Re: URBAN CUP MINOR USE PERMIT (PA2017-096) 2200 West Ocean Front As a long time Newport Beach resident, business owner, and property owner in McFadden Square, I am delighted to see all the Investments being made in McFadden Square and the adjacent areas. The Urban Cup has been a great addition to our community and I believe that the city staff and police department could formate a plan to allow them to have beer and wine until l 1pm without any negative impact to the area. If you are not familiar with this particular location, it has had a very hard time surviving over the past 15 years. It has been a Burger King, a local market with a national name brand and even a chicken restaurant. Each time I keep hoping that the next business owner will survive. Hopefully by adding a beer and wine component we can get an operator into that location that can stick around long enough to plant roots into our community. The property owners, the Ursini Family, are long term Newport Beach residents and are heavily vested in our community. I truly believe that the Ursini Family will do everything in their power to ensure the Urban Cup is operated with best business practices. Sincerely, Mario Marovic Property Owner in McFadden Square and Newport Beach Resident Item No. 3e Planning Commission - January 18, 2018 Additional Materials Presented At Meeting 796) Item No. 3e Planning Commission - January 18, 2018 - Additional Materials Presented At Meeting Urban Cup Minor Use Permit (PA2017-096) o1/i8/18 Community Development Department - Planning Division Planning Commission - January 18, 2018 Item No. 3e - Additional Materials Presented At Meeting Urban Cup Minor Use Permit (PA2017-096) Floor Plan M so 7— t o of/i8/i8 Community Development Department - Planning Division 3 Planning Commission - January 18, 2018 Item No. 3e - Additional Materials Presented At Meeting Urban Cup Minor Use Permit (PA2017-096) Exterior View URBAN CSP tee Offee eats DO NOT sxrnera woe aaamrye wU .ole 0h atx arnr +� r �•'ENTER�— '. Planning Commission - January 18, 2018 Item No. 3e - Additional Materials Presented At Meeting Urban Cup Minor Use Permit (PA2017-096) ABC License Concentration ABC SubFee Population Licenses Capita EStabliIiiihnoUnts 2201D W Dcean Front no7opio0 nbfe nnfnpofirandC SubJect Census Tract: 635 5,726 83 69 73 Adjacent Census Tract: 636,03 6,271 8 77g 8 Adjacent Census Tract: 629 7,626 0 0 0 Adjacent Census Tract; 628 4,220 36 117 32 Newport Beach 85,18.6 439 1.94 389 Orange County 3,010,232 6,314 477 5,561 os/i8/i8 Community Development Department - Planning Division 5 For more information contact: Chelsea Crager, Assistant Planner 949-644-3227 ccragerQa newportbeachca.gov www.newportbeachca.gov