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HomeMy WebLinkAbout3.0_Great Mex Grill MUP_PA2018-16904"O;""t CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 17, 2019 Agenda Item No. 3 SUBJECT: Great Mex Minor Use Permit (PA2018-169) Minor Use Permit No. UP2018-011 SITE LOCATION: 703 East Balboa Boulevard APPLICANT: Great Mex Grill MM Newport Inc. OWNER: Attn: Minh Nguyen PLANNER: Makana Nova, Associate Planner 949-644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A minor use permit to amend Use Permit No. UP3031 to allow a Type 47 (On -Sale General) alcoholic beverage license that allows service of liquor, and to allow earlier hours of operation at an existing food service establishment. Great Mex Grill Restaurant currently operates with a Type 41 (On -Sale Beer and Wine) alcoholic beverage license with hours of operation from 10:00 a.m. through 10:00 p.m., daily and the proposed hours of operation would be from 7:00 a.m. through 10:00 p.m., daily. No physical interior or exterior alterations are proposed. If approved, this minor use permit would supersede Use Permit No. UP3031. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Planning Commission Resolution No. PC2019-002 approving Minor Use Permit No. UP2018-011 (Attachment No. PC 1). 1 9 Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 2 VICINITY MAP O1 JAb�b q Subject VI Property M1 P J 14 N �%.•r Pte.. '�', > �� �' �' � _ � • ,� It P GENERAL PLAN ZONING n r coo V nr r 803�•��Yx y y 4 ov nm 4 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU -V (Mixed -Use Vertical) MU -V (Mixed -Use ical Mixed-use development restaurant and residential unit NORTH MU -V (Mixed -Use Vertical MU -V (Mixed -Use Vertical Retail and restaurant SOUTH RT (Two -Unit Residential) R-2 (Two -Unit Residential) Single -unit and two -unit residential dwellin s EAST MU -V (Mixed -Use MU -V (Mixed -Use Vacant restaurant and the Vertical) Vertical) Balboa Theater MU -V (Mixed -Use MU -V (Mixed -Use Mixed-use development WEST Vertical) Vertical) (Service/retail and residential units S Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 3 INTRODUCTION Project Settinq and Background The existing food service establishment, Great Max Grill, is located within a mixed-use block along East Balboa Boulevard in Balboa Village. The food service establishment occupies a 1,019 -square -foot, single -story tenant space at the front half of a mixed-use development. The establishment includes a kitchen and 403 -square -foot interior dining area with 25 seats. A two-story single-family residence located at the rear of the property was previously authorized under Use Permit No. UP1515 and the existing eating and drinking establishment was previously authorized under Use Permit No. UP3031 (Attachment No. PC 3). Project Description The applicant requests a Type 47 (On -Sale General) alcohol license where they currently are allowed to operate with a Type 41 (On -Sale Beer and Wine) alcohol license. The applicant also requests to change the allowed opening hour from 10:00 a.m. to 7:00 a.m. to allow for breakfast service. No change to the 10:00 p.m. closing hour is requested. No interior or exterior physical improvements are proposed to the site. Refer to the applicant's project description, provided as Attachment No. PC 4. Table 1. Summa of Use Permit No. UP2018-011 PA2018-043 21 Existing Requested Alcohol License Type 41 (On -Sale Beer and Type 47 (On -Sale General — Wine) Liquor and Spirits) Seats 25 seats 25 seats Net Public Area 403 square feet 403 square feet Hours . 10:00 a.m. to 10:00 p.m., • 7:00 a.m. to 10:00 p.m., daily daily • Alcohol service from 11:00 a.m. to 10:00 p.m., daily Parking Rate . No on-site parking • No on-site parking • Four in -lieu parking spaces • No in -lieu fees per the per U3031 Balboa Village Parking Management Overlay 21 Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 4 DISCUSSION General Plan The General Plan designates the site as MU -V (Mixed -Use Vertical), which is intended to provide areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The existing establishment is a commercial use intended to serve nearby residents, employees, and visitors to the City. The proposed alcohol license and existing food service use are consistent with land uses permitted in the MU -V designation. Zoning Code The property is in the Mixed -Use Vertical (MU -V) zoning district. This designation is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The existing restaurant in a single -story building is consistent with the land uses allowed in the MU -V zoning district. Food service establishments are listed as a conditionally permitted use in the MU -V zoning district and approval of a minor use permit is required due to the location within 500 feet of a residential zoning district. Local Coastal Plan The Coastal Land Use Plan and Local Coastal Program designate the site as MU -V (Mixed -Use Vertical). There is no new building construction and there is no intensification of use or change to the parking requirement; therefore, a coastal development permit is not required. Parking The existing food service establishment does not provide on-site parking. Use Permit No. UP3031 authorized the use with four in -lieu parking spaces. However, the property is located in the Balboa Village Parking Management Overlay District and the payment of in -lieu parking fees have been suspended in accordance with Section 20.28.030.D.1.e (Suspension of In -Lieu Parking) of the Newport Beach Municipal Code. No intensification or enlargement is proposed; therefore, no additional parking is required to accommodate the proposed change of license type and additional morning hours of operation. Alcohol Service The operational conditions of approval recommended by the Police Department (Attachment No. PC 5) relative to the sale of alcoholic beverages will help to ensure 5 Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 5 compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the eating and drinking establishment does not become a bar or tavern. The operation of the establishment includes the approved floor plan with no separate bar counter or alcohol service area and a closing hour of 10:00 p.m. The establishment is required to comply with the requirements of the California Department of Alcoholic Beverage Control to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. Hours of Operation The requested business hours are from 7:00 a.m. through 10:00 p.m., daily. Staff believes the earlier opening hour is acceptable with the limitation of alcohol service from 11:00 a.m. through 10:00 p.m., daily. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. The addition of a Type 47 (On -Sale General) alcohol license and expanded morning hours of operation will add menu options for the establishment for residents, employees, and visitors. The changes will also provide an economic opportunity for the property owner. Conditions of approval require consistency with the approved floor plan and prohibit a bar counter to serve alcoholic beverages. Minor Use Permit Findings Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve 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 this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, 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. VI Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 6 Staff believes sufficient facts exist in support of each finding. The operation is defined as a Food Service, No Late Hours and is consistent with the purpose and intent of MU -V (Mixed -Use Vertical) General Plan land use designation and zoning district. The MU -V designation is appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses through compliance with the proposed conditions of approval. This particular establishment is relatively small in size with 403 square feet of net public area provided. Since no dedicated bar area is provided and the establishment will close by 10:00 p.m., it is expected to operate in an effective manner that is compatible with the surrounding land uses in Balboa Village. The Police Department has reviewed the application request and crime statistics for this reporting district as well as adjacent reporting districts and recommends approval of the proposed request. Refer to the draft resolution Attachment No. PC 5, for a full analysis of the area crimes statistics and required findings related to alcohol sales for the requested change in license type. Approval of the application is not expected to result in higher crime per the Police Department review. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. The hours for alcohol service are recommended to be limited from 11:00 a.m. through 10:00 p.m. and the food service establishment would be prohibited from providing a physical bar to serve alcoholic beverages. With these conditions of approval, staff believes the request is appropriate for this location. Alternatives The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). In this case, Use Permit No. UP3031, will remain in effect unless action is taken to revoke this permit. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class Class 1 (Existing Facilities) of the CEQA Guidelines, California 7 Great Max Minor Use Permit (PA2018-169) Planning Commission, January 17, 2019 Page 7 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area, net public area, or outdoor patio area would occur with the approval of the requested amendment. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the City Clerk within 14 days following the date of action. For additional information on filing an appeal, contact the City Clerk's Office at 949-644-3005. Prepared by: Mak a N,pova Associate Planner GR/mkn ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 UP3031 PC 4 Applicant's Project Description PC 5 Police Department Memorandum PC 6 Project Plans AUse,s\PLMSh=d\PA's\PAs - 2018\PA2018-169\PC 12-06-2018\PA2018-169 PC Rpt 2.docx01/12/18 Q Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 10 RESOLUTION NO. PC2019-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2018-011 TO AMEND USE PERMIT NO. UP3031 TO MODIFY THE HOURS OF OPERATION AND ALLOW A TYPE 47 (ON -SALE GENERAL) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 703 EAST BALBOA BOULEVARD (PA2018-169) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Pat Brown representing Great Mex Grill with respect to property located at 703 East Balboa Boulevard, and legally described as Lot 2, Block 10, of the Balboa Tract, being a subdivision of part of Lots 8 and 9 Sec 35.T6S.R10YY.SB.B&M, being a replat of part of said Lot 8 recorded as Bayside in Book 3 Page 38 Miscellaneous Maps, Records of Orange County, California and a subdivision of part of said Lots 8 and 9 lying East of said Bayside. 2. A minor use permit to amend Use Permit No. UP3031 to allow a Type 47 (On -Sale General) alcoholic beverage license and to allow earlier hours of operation at an existing food service establishment. Great Mex Grill Restaurant currently operates with a Type 41 (On -Sale Beer and Wine) alcoholic beverage license with hours of operation from 10:00 a.m. through 10:00 p.m., daily and the proposed hours of operation are 7:00 a.m. through 10:00 p.m., daily. No physical interior or exterior alterations are proposed. If approved, this minor use permit would supersede Use Permit No. UP3031. 3. The subject property is designated MU -V (Mixed -Use Vertical) by the General Plan Land Use Element and is located within the MU -V (Mixed -Use Vertical) zoning district. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU -V (Mixed -Use Vertical) and it is located within the MU -V (Mixed -Use Vertical) Coastal Zoning District. A coastal development permit is not required because the request to change the type of permitted Alcoholic Beverage Control ("ABC') license and operating hours does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on January 17, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 11 Planning Commission Resolution No. PC2019-002 Paqe 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area or net public area would occur with the approval of the requested amendment. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with City of Newport Beach Zoning Code ("Zoning Code") Section 20.48.030 (Alcohol Sales), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Zoning Code Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: In finding that the proposed use is consistent with Zoning Code Section 20.48.030 (Alcohol aq[gsj the following criteria must be considered: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The Part One Crimes Rate in Reporting District 12 (RD 12) is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD12 is 1 percent less than the Citywide reporting district average. The crime rate in this area is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. The findings can be made given the concentration of crimes and Balboa Village is intended to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 12 Planning Commission Resolution No. PC2019-002 Page 3 of 12 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the addition of the alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a closing hour of 10 p.m. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. The total percentage of arrests related to alcohol-related calls for service, crimes, or arrests in RD 12 is higher than RD 11, RD 13 and RD15. The subject property has zero calls for service. The Police Department has reviewed the proposal and has no objection to the applicant's request. 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. The subject property is located in a mixed-use district where residential development is permitted above the first floor. There is an existing residence located to the rear of the existing food service establishment on the subject property. Mixed-use developments that include residential units are located on two adjacent properties along East Balboa Boulevard. The change of ABC license type and the existing eating and drinking establishment is not anticipated to significantly change the relationship of these adjacent land uses. 2. The nearest daycare, Children's Center By the Sea, is located approximately 1.1 miles to the west along West Balboa Boulevard. The nearest hospital, Hoag Hospital, is located approximately 2.2 miles to the northwest. The nearest place of recreation, the beach at Balboa Pier, is located approximately 530 feet to the south. The nearest churches, Our Lady of Mount Carmel Church and Christ Church by the Sea, are located approximately 1.1 miles to the west along West Balboa Boulevard. The nearest school, Newport Elementary School, is located approximately 1.1 miles to the west along West Balboa Boulevard. The proposed use is otherwise surrounded by other commercial retail, office, and residential uses. 3. 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. 4. Eating and drinking establishments with incidental alcohol service are common in Balboa Village. The proposed change in ABC license type and an earlier opening hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community 13 Planning Commission Resolution No. PC2019-002 Paqe 4 of 12 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Balboa Village is intended to accommodate multiple restaurants and the existing restaurant is located in close proximity to other food service establishments. This includes an adjacent vacant take-out service limited eating and drinking establishment located at 705 East Balboa Boulevard, Balboa Lily's (Type 41, On -Sale Beer and Wine) located at 711 East Balboa Boulevard, and Cruiser's (Type 47, On -Sale General), located at 801 East Balboa Boulevard. The RD12 statistics do not indicate a legal overconcentration of alcohol licenses within this reporting district. 2. The per capita ratio of one license for every 111 residents is higher than several adjacent districts with the exception of Census Tract 635, which has a per capita ratio of one license for every 70 residents. The average ratio for Orange County is one license for every 467 residents. This higher ratio is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Balboa Village. While the proposed restaurant is located in close proximity to other establishments, the location in Balboa Village -an established mixed-use commercial area - together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. 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 existing eating and drinking establishment, including alcoholic beverage sales, has operated from this location since 2002. No calls for service were reported in 2017. 3. The project has been reviewed and conditioned to help ensure that the purpose and intent of Zoning Code Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 4. The establishment is required to close by 10 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 5. 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 be at least 21 years of age and receive ABC -required Licensee Education on Alcohol and Drugs ("LEAD") or Responsible Beverage Service ("RBS") training. In accordance with Zoning Code Section 20.52.020 (Conditional Use Permits and Minor Use Permits) , the following findings and facts in support of such findings are set forth: In Planning Commission Resolution No. PC2019-002 Pace 5 of 12 Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The General Plan and Coastal Land Use Plan land use designation for this site is as MU - V (Mixed -Use Vertical). The MU -V designation is intended to provide areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The existing ground floor eating and drinking establishment with alcohol service is intended to serve nearby employees, residents, and visitors and is consistent with the MU -V designation. Therefore, the use is consistent with this land use category. 2. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: The property is in the MU -V (Mixed -Use Vertical) zoning district. This designation is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The existing ground floor eating and drinking establishment is consistent with the land uses allowed in the MU -V zoning district. Food service, eating and drinking establishments are listed as a conditionally permitted use in the MU -V Zoning district; approval of a minor use permit is required due to its location within 500 feet of a residential zoning district. The requested application is to add additional alcohol service to the existing eating and drinking establishment. 2. The existing food service, eating and drinking establishment does not provide on-site parking. Use Permit No. UP3031 authorized the use with four in -lieu parking spaces. However, the property is located in the Balboa Village Parking Management Overlay District and the payment of in -lieu parking fees have been suspended in accordance with Zoning Code Section 20.28.030.D.1.e (Suspension of In -Lieu Parking). No intensification or enlargement is proposed; therefore, no additional parking is required. 3. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments. 15 Planning Commission Resolution No. PC2019-002 Pace 6 of 12 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 existing establishment has operated at this location since 2002 and has proven compatible with the existing and allowed uses in the area, which consist of retail commercial, office, and residential developments. The project includes conditions of approval to ensure that the potential for conflicts are continues to be minimized to the greatest extent possible 2. The property and surrounding properties on the block are developed with a variety of structures consisting of commercial retail, service, mixed-use, and residential dwelling units. As conditioned, the allowed hours of operation will be 7:00 a.m. to 10:00 p.m., daily, which will minimize late night disturbances to residences near the property. 3. The existing food service use utilizes an existing City trash enclosure located 208 Washington Street that is surrounded by three walls and a self -latching gate. It is conveniently located where materials can be deposited and collected, and does not impede access to parking spaces. 4. Conditions of approval prohibit a separate bar or alcohol service area and live entertainment and dancing are not permitted. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The existing establishment is accessible from East Balboa Boulevard, which provides convenient access for motorists, pedestrians, and bicyclists. 2. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. 3. The existing food service establishment does not provide on-site parking. Use Permit No. UP3031 authorized the use with four in -lieu parking spaces. However, the property is located in the Balboa Village Parking Management Overlay District and the payment of in -lieu parking fees have been suspended in accordance with Zoning Code Section 20.28.030.D.1.e (Suspension of In -Lieu Parking). 10 Planning Commission Resolution No. PC2019-002 Pace 7 of 12 4. No intensification or enlargement is proposed with the addition of a Type 47 alcohol license and extended hours of operation; therefore, no additional on-site parking is required. The Balboa Village area is a relatively dense area with multiple uses within a short distance of each other and is conducive to a significant amount of walk-in patrons. Furthermore, a municipal parking lot and on -street parking is available in the area to accommodate Balboa Village businesses. 5. The Fire Department reviewed the project and site to ensure adequate public and emergency vehicle access is provided. 6. Although no physical improvements are proposed at this time, future site and tenant improvements must comply with the Zoning Code and all Building, Public Works, and Fire Codes for permits to be issued. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The addition of a Type 47 (On -Sale, General) alcohol license and expanded morning hours of operation will add menu options and continue to provide a public convenience to the surrounding neighborhood and visitors to the area. The changes will also provide an economic opportunity for the business and property owner. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 4. The proposed use includes limited hours and there is no increased parking demand. Based upon the Zoning Code requirements, the proposed use will not result in a detriment to the surrounding community. 17 Planning Commission Resolution No. PC2019-002 Pace 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-011, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with no late hours and a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license located at 703 East Balboa Boulevard. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. 3031, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF JANUARY, 2019. AYES: NOES: ABSTAIN ABSENT: Peter Zak, Chairman BY: Lee Lowrey, Secretary M Planning Commission Resolution No. PC2019-002 Pace 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Minor Use Permit may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 5. The hours of operation shall be limited from 7:00 a.m. through 10:00 p.m., daily. 6. Alcohol service shall be limited to 11:00 a.m. through 10:00 p.m., daily. 7. The food service establishment shall be prohibited from providing a physical bar or separate area to serve alcoholic beverages. 8. That all signs shall conform with NBMC Chapter 20.42 (Sign Standards). 9. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. 10. That a washout area for the restaurant trash containers be provided in such a way as to ensure direct drainage into the sewer system and not into the Bay or storm drains if required by the Building Division. 11. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Division. 12. Containers for the disposal of trash shall be provided on the public sidewalk in the manner subject to the approval of the Planning Division. 19 Planning Commission Resolution No. PC2019-002 Paqe 10 of 12 13. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 14. The eating and drinking establishment is allowed a Type 47 (On -Sale General) ABC License. The sale of alcohol for off-site consumption is prohibited. 15. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 18. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 19. There shall be no live entertainment or dancing allowed on the premises. 20. Food service from the regular menu shall be made available to patrons until closing. 21. 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. 22. "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 if prohibited (excluding charges for prix fixe meals). 23. 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 shall be prohibited. 24. 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 twenty (20) feet of the premises. Graffiti shall be removed within forty-eight (48) hours of written notice from the City. 25. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within sixty (60) days of hire or within sixty (60) days of approval of the use permit. This training must be updated at least every three (3) years. The certified program must meet the standards of the Department of Alcoholic Beverage Control. Records of each owner, manager, and employee's successful completion of the required certified training program shall be 20 Planning Commission Resolution No. PC2019-002 Paqe 11 of 12 maintained on the premises and be presented upon request by a representative of the City of Newport Beach. 26. Strict adherence to maximum occupancy limits is required. 27. The applicant shall maintain a security recording system with a 30 -day retention and make these recordings available to police upon request. 28. 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. 29. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 30. No outside paging system shall be utilized in conjunction with this establishment 31. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 33. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 34. 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. 35. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning. 36. 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 21 Planning Commission Resolution No. PC2019-002 Paqe 12 of 12 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 Great Mex Minor Use Permit including, but not limited to, Minor Use Permit No. UP2018-011 (PA2018-169). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division Conditions 37. For any physical tenant improvements, the applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit for tenant improvements. 38. A list of "good house -keeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). Attachment No. PC 2 Draft Resolution for Denial 23 r. RESOLUTION NO. PC2019-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING MINOR USE PERMIT NO. UP2018-011 TO AMEND USE PERMIT NO. UP3031 TO MODIFY THE HOURS OF OPERATION AND ALLOW A TYPE 47 (ON -SALE GENERAL) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 703 EAST BALBOA BOULEVARD (PA2018-169) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Pat Brown representing Great Mex Grill with respect to property located at 703 East Balboa Boulevard, and legally described as Lot 2, Block 10, of the Balboa Tract, being a subdivision of part of Lots 8 and 9 Sec 35.T6S.R10YY.SB.B&M, being a replat of part of said Lot 8 recorded as Bayside in Book 3 Page 38 Miscellaneous Maps, Records of Orange County, California and a subdivision of part of said Lots 8 and 9 lying East of said Bayside. 2. A minor use permit to amend Use Permit No. UP3031 to allow a Type 47 (On -Sale General) alcoholic beverage license and to allow earlier hours of operation at an existing food service establishment. Great Mex Grill Restaurant currently operates with a Type 41 (On -Sale Beer and Wine) alcoholic beverage license with hours of operation from 10:00 a.m. through 10:00 p.m., daily, and the proposed hours of operation are 7:00 a.m. through 10:00 p.m., daily. No physical interior or exterior alterations are proposed. If approved, this minor use permit would supersede Use Permit No. UP3031. 3. The subject property is designated MU -V (Mixed -Use Vertical) by the General Plan Land Use Element and is located within the MU -V (Mixed -Use Vertical) zoning district. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU -V (Mixed -Use Vertical) and it is located within the MU -V (Mixed -Use Vertical) Coastal Zoning District. A coastal development permit is not required because the request to change the type of permitted Alcoholic Beverage Control ("ABC') license and operating hours does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on January 17, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 2.5 Planning Commission Resolution No. PC2019-002 Paqe 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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. In accordance with City of Newport Beach Zoning Code ("Zoning Code") Section 20.52.020.F (Findings and Decision) of the NBMC, eating and drinking establishments classified as "Food Service, No Late Hours" located within the MU -V (Mixed -Use Vertical) Zoning District require the approval of a minor use permit. The Planning Commission may approve a minor use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: The Planning Commission determined, in this case, that the proposed use permit for a chance in alcohol license type and extended morning hours of operation is inconsistent with the legislative intent of NBMC Title 20. Extending the hours of operation into the morning would create additional traffic, noise, and trash that could disturb residents and businesses. 2. The requested change in alcohol license type to include liquor service could result in more crime to the Balboa Village community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2018-011, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF JANUARY, 2019. AYES: NOES: ABSTAIN: ABSENT: 20 W Peter Zak. Chairman BY: Lee Lowrey, Secretary Planning Commission Resolution No. PC2019-002 Pace 3 of 3 27 22 Attachment No. PC 3 UP3031 29 30 If you have any questions regarding this matter feel free to contact the undersigned. Vary truly yours, PLWHINC DEPARTHEW JAMES D. HEWICKER, Director ill am Wa d Senior lanner WWWskln Enclosure 3300 Newport Boulevard, Newport Beach 31 3. That the waiver of the development standards as they pertain. to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required off-street parking spaces, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has boon in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area, providing that the applicants purchase four (4) in -lieu parking spaces for their employees. S. That the Police Department has no objections to the establishment of the take-out restaurant facility, inasmuch as no on -sale or off -sale beer and wine will be permitted. 6. The approval of Use Permit No. 3031 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 development shall be in substantial conformance with the approved plot plan; floor plan and elevation. 2. That the development standards related to a portion of the required off-street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. On -sale beer and wine shall be permitted, but off-salo shall not be permitted. .32 CITY COUNCIL .,APPROVED FINDINGS AND CONDITIONS USE PERMIT,?;O. 3031 May 9, 1963 Page 2 4. That the hours of operation shall be limited from 10:00 a.m. to 10100 p.m, daily. 5.. . That all signs shall conform with Chapter .20.06 of the Newport Beach Municipal Cade. b. That kitchen erhaust fans shall be designed to control odors and`. smoke in. accordance with Rule 50.0f ,the South Coast Air Quality management District. 7 That a washout area for the restaurant trash containers be. provided in such a way as to insure direct drainage into the sewer system and not into the. Bay or storm drains if required by ' the Building Department. B. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform. Plumbing Code if required by the Building Department. 9. That all trash containers shall be screened from view from adjacent properties and from the public alley or street. 10. That this approval shall be for a period of one year, and any extension shall he subject to the approval of the Modifications Cornittee. 11. That the applicant shall be required to pay for four (4) in -lieu parking spaces based upon .the current City rate for in -lieu parking spaces. 12. Containers for the disposal of trash shall be provided on the public sidewalk in the manner subject to the approval of the Planning Department. 'P 3031 , ezfooly- .. iheh/ tahrestani 18) 5. Mayor Hart opened the public hearing.and_City U Council reviev of USE PERMIT'N0. 3031. a -.- _ D, request of HOSSIEN DEZFOOLYZAHER AND CYRUS z: SHAHRESTANI, Newort Beach, to establish a SI take-out restaurant with Incidental_ dining. and on -sale beer and vine on property_lotatcd at 703 East -Balboa 82ulevard, In the C -1-Z District. The ro usal also includes a -request to waive all of the require off -sit greet karki g spaces. Report from the Planning Department, was presented. The City Manager presented a summary regarding the approval of Use Permit No. 3031 by the Planning Commission, which was subject., to a number of conditions namely, Conditions No. 3 (that no on -sale or off -sale beer and vine licenses shall be permitted in . conjunction with this approval), and No. LL (that'the applicants shall be required to pay for four in -lieu parking spaces) on which the applicant wishes to address the Council. It was also noted that Council requested review of Use Permit No. 3031, because several businessmen in the subject area.wish to comment on the nature and the density of the take-out food business. The Planning Director stated that when the Use Permit came before the Planning Commission they exercised their prerogative and overruled staff's recommendation that.the parking requirements be waived, and conditioned that four in -lieu parking spaces be required, based upon the number of employees. In addition, the Planning . Commission had recommended that Use Permit No. 3031 be continued to a subsequent meeting regarding the license for on-sale/off-sale beer and vine, but the applicants wished to proceed with the hearing, as scheduled on April.11. As a result, the Planning Commission granted the restaurant permit'.vith the condition that there would be neither the on -sale nor the off -sale of beer and vine: and the applicants accepted the condition in order to get the application approved. Hossien Dezfoolyzaheh, 34 Sand Dollar Ct., Newport Beach, Applicant, addressed the Council requesting reconsideration of the. conditions imposed by the Planning Commission' regarding in -lieu parking, and the sale of beer and wine. Volume 37 - Page 150 'P 3031 , ezfooly- .. iheh/ tahrestani 18) AY OF NEWPORT B CH COUNCIL MEMBERS MINUTES 9�FF�f�99y'���� cG�a�9 G ons I e -Al F,p 9 S� Hay 9. 1983 IMMY In response to Council inquiry, the.City C/P 3031 Manager related that theein-lieu parking fees `` was established by the City in 1972, at: 1 $250.00 per space per year, but after two ' years of operation, the'then City Council . felt that this fee could be lowered to .' 'encourage rehabilitation of the older areas . of the City. They selected the lower of.the alternate fees presented to them in a study, which was $150.00, and this fee has existed since 1974. The fees are placed in the City's Parking Fund, and are used to pay for additional off-street parking lots, meters, and meter repairs, striping, etc. Buzz Person, 605-� west Bay Avenue, Balboa, President of the Balboa Improvement Association, addressed the Council, stating that on behalf of several members of the Association, who recommended denial of Use Permit No. 3031, he requested City Council review of Use Permit No. 3031. The major' concern is the proliferation of take-out type restaurants in the Balboa District that are replacing other types of businesses, and as a result, the nature and charm of the area could possibly change. Ms. Teddy Harrison, 2270 Channel Road, Balboa, addressed the Council in support of the applicants, stating that the existing take-out establishments in Balboa should be subjected to the type of quality competition that the applicants propose to offer, thereby imposing self-improvment of the quality of other fast-food businesses in the area. She further stated that to her knowledge, there is no law stating there can only be a certain amount of businesses in a particular area. She prepared a written comparison of fast-food businesses and parking of the Newport Pier and Central Balboa areas, where several use permits have been approved for take-out restaurants, and offered ro present her analysis for further discussion. Ms. Harrison solicited Council's' I consideration of the beer and wine license, stating that it was waived only because the owners and tenants had waited a long time before coming before the Planning Commission and did not want to have any furcherdelay.. She further stated that the beer and wine license is incidental to the quality of the restaurant, but hoped that Council would reevaluate the condition imposed.by the' Planning Commission with respect`to the hecr . and wine application. _ Volume 27 - Page 151. Or OF NEWPORT. BCH COUNCIL MEMBERS 110 n� F� Rn� f Ai F9 yF��9 `rile May 9, 1983 MINUTES INDEX 3031 Heidi Hildrick, 105 Palm Ave nue..addresIsed U/P the Council, stating that 13 years ago when she received her permit from the City -to operate a restaurant, she was'iold that.if she were to sell beer and vine. sbe would have to buy off-street parking...She.also felt there was an abundance of take-out. businesses and that she was against approving more restaurants for the area.. With respect . to parking in the Balboa and Newport -Piers, consideration should be given to the'fact that the Catalina boat and the deep.sea fishing activities utilize the parking area. and from her experience, from 9 a.m. the parking lots are full. Sid Soffer, 900 Arbor Street, Costa Mesa, and Newport Beach property owner, addressed the Council in support of take-out businesses, stating that they do serve the existing public and should at least be given .the opportunity to establish their business... The public hearing was closed, after.no one else wished to speak on this item. Motion x Notion was made to sustain the Planning Commission's anion on Use Permit No. 3031: Motion x Substitute motion was made to modif the Ayes x x x x x Planning Comm ssion action regarding Noes x x Condition No.'"3. to read: "On -sale beer and . v ne a oernitte ut off=sa Tenot e ermitted." en��d a new Ca dit-on-No-12: Containers for t e_d sposa _o _trash shall n... - - r _-- be provided on the public sidewalk iri the manner su ject to the approve of the. aF anning a?artment. E. PUBLIC COMMENTS: 1. Dick Nichols, 519 Iris Avenue, and Pre/on, CdM Elmtry of the,Corona del Mar Community AssociSchool addressed the Council, expressing tnaj� the City and the local citizens for/Eheir involvment in successfully having the "No Trespassing" signs removed,.fro the Corona del Mar Elementary School pla round area. posted by the School Board./ye was glad to see the children back on Slfa playground, and the citizens enjoying t �! park facility as they have in the past ithout it being ' totally sealed off f om public use.. 2. Dick Nichols add eased the Council on the Oasis Prk Oasis Park Gra ng. stating that the. Corona Grading del Mar Comm ity Association had not been notified ge EIR would be voted on at. the Council meeting of April 25. 1983., IVolume 37 - Page 152 I,% ii am EBB ROW- Rdom cm _jo ova UpAwarwot I . �-- r—ONNIWA AREA-:--�7- NAMIM .... New C"nw�jvg .01, Attachment No. PC 4 Applicant's Project Description KIM 42 #3 Project Description and Justification Currently Great Mex Grill Restaurant has a type 41 (beer and wine) license for on-site consumption and an existing CUP No. 3031 with the city of Newport Beach. The applicant now desires to upgrade to a type 47 (on sale general eating place) in order to serve margaritas with their Mexican menu, along with their beer and wine for consumption on premises. The proposed use does not represent an intensification of their present use, i.e. no need for additional parking, no new employees, and the same seating layout that currently exists. The margarita preparation area will utilize existing space and not require additional coolers or counter space. The current hours of operation are limited to 10 am. - 10 pm. daily. However we wish to modify condition number 4 of CUP 3031 to read as follows, " that hours of operation shall be 7am.- 10pm. daily" , since we desire to now serve breakfast. The margaritas will be a convenience for customers and inclusion of full liquor will not add to the crime in the area nor present any problems with neighbors and be compatible with other uses in the vicinity. The findings to approve the minor use permit by the Hearing Officer or Zoning Administrator should be to approve based upon the following: 1. Use is consistent with general plan. 2. Use is allowed within the commercial zone district and complies with existing CUP. 3. Design, location, size, and operating characteristics of use remain the same. 4. Site is physically suitable, as nothing is being proposed to be changed. 5. Operation of use at location will not be detrimental to health, safety, and general welfare of persons residing or working in the neighborhood. 43 ME Attachment No. PC 5 Police Department Memorandum &JIM 40 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION NFwRORt BEACNp��\c� A -43 MEMORANDUM TO: Makana Nova, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: September 19, 2018 SUBJECT: Great Mex 703 East Balboa Boulevard Use Permit No. 2018-011 (PA2018-169) At your request, the Police Department has reviewed the project application for Great Max, located at 703 East Balboa Boulevard, Newport Beach. The applicant is seeking a Minor Use Permit (MUP) to change their alcohol license from a Type 41 (On Sale Beer and Wine) to a Type 47 (On Sale General). The applicant is also requesting to increase their hours from 10:00 a.m.- 10:00 p.m. daily, to 7:00 a.m. to 10:00 p.m. daily. There are no late hours proposed and no physical changes to the establishment. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the use permit process. Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's place of business, 703 East Balboa Boulevard. Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 12 which stretches from 911 Street to G Street along the Newport Beach Peninsula. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to ABC. These figures make up the "Crime 47 Great Mex U P2018-011 Count". The 2017 crime count in RD 12 is 141, which is 5% over the City-wide average for reported crimes. The highest volume crime in the area is bicycle theft. In 2017 there were 93 arrests in RD 12. Of those, 41% were for public intoxication, DUI, or liquor law violations. In comparison, the figure for neighboring RD 11 is 29%, RD 13 is 33%, and RD 15 is 39%. The highest volume arrest in RD 12 is Public Intoxication. Despite the alcohol-related arrest numbers, this location does not meet the legal criteria for undue concentration as it relates to crime per B&P §23958.4. However, this information may be used by the Planning Commission to determine PCN. Alcohol License Statistics The applicant premise is located within census tract 0628. This census tract has an approximate population of 4,200 residents with 38 active alcohol licenses and 33 licensed establishments. That is a per capita ratio of 1 license for every 111 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 467 residents and conclude this location meets the legal criteria for undue concentration as it relates to license statistics per B&P §23958.4. RECOMMENDED CONDITIONS OF APPROVAL Police Department has no objection to this project and believes the following or similar conditions would be appropriate: 1. The establishment must close at 10:00 p.m., daily. 2. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 5. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 6. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 7. There shall be no live entertainment or dancing allowed on the premises. 8. Food service from the regular menu shall be made available to patrons until closing. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the 42 Great Mex UP2018-011 licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10. "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). 11. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 12. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 13. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire or within 60 days of approval of the use permit. This training must be updated at least every 3 years. The certified program must meet the standards of the Department of Alcoholic Beverage Control. Records of each owner, manager and employee's successful completion of the required certified training program shall be maintained on the premises and be presented upon request by a representative of the City of Newport Beach 14. Strict adherence to maximum occupancy limits is required. 15. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 16. 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. end Joe CivCilian Investigator, Special Investigations Unit Randy Parker Sergeant, Special Investigations Unit 49 50 NEWPORT BEACH POLICE DEPARTMENT 2017 CRIME AND ALCOHOL-RELATED STATISTICS CHIEF ION T. LEWIS SUMMARY FOR GREAT MEX AT 703 E BALBOA BLVD (RD12) Subject RD: 58 -1 -2% 10 +4 +56% 93 +4 +5% 83 +9 +11% 141 +7 +5% RD12 6 -0 -7% ' Adjacent RD: 64 +5 +8% 6 -0 -7% ' 151 +62 +70% 156 +82 +110% 220 +86 +64% RD13 +40 +616. Newport Beach 2,255 RD Average = 59 244 RD Average = 6 3,369 RD Average = 89 2,829 RD Average = 74 5,084 RD Average =134 Part 1 Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Per BP 239$8.0, crime count is the sum Report - Homicide, Rope, Robbery. Aggravated Assault Burglary, larceny, Amo of Part 1 Crime plus Part R Anests. Theft and Arsan. This report reflects City of Newport Beach dura for 2017 / RDA3 _ • • RW2 • sj Subject Census 4,22038 111 33� �jl_ _`• Tract: 628 IR012 5,726 82 70 72 Adjacent Census 2,756 12 230 11 Tract: 630.06 2,800 18 156 14 Newport Beach 85,186 451 189 389 3,010,232 6,452 467 5,561 Number of Active ABC licenses is the total of all types of retail licenses known to the NBPD as of 01/18/2018. All Population figures taken from the 1010 US Census. • - = Subject Location Legend ABC Licenses Count •_,E 8/16/2018 51 Attachment No. PC 6 Project Plans 53 M. NA2018-169 >. (FJ SIDEWALK _fl 1, 38'-4" 10-0 EXI57INO RESTAURANT L HAND WASH 703 E. BALBOA BLVD., i SINK < W✓ FLOOR 82661 N SINK UNDER 1,01q 50. FT. � nr1 00 1, 38'-4" EXISTING EXI57INO RESTAURANT L HAND WASH 703 E. BALBOA BLVD., i SINK NEWPORT BEACH, CA. W✓ FLOOR 82661 N SINK UNDER 1,01q 50. FT. PROPOSED SITE PLAN SCALE 1/16'- P -O' 12'-0" m EXISTING 0 EX15TINO 2-5TORY i L HAND WASH RESIDENTIAL UNIT SINK AND GARAGE W✓ FLOOR 3'-0" SINK UNDER N PROPOSED FLOOR PLAN SCALE CAW- I• -O• WASH-OUT EXISTING AREA L HAND WASH ( 3x3x6' H. SINK Q w w W✓ FLOOR to z SINK UNDER O 00 w Cc BENCH BENCH T0 13 m M � w ~O M � M 6 SEATING 7 SEATING TABLE 14 24 Q W w J Q 0 costo D RESTROO EXISTING`.+EA _ TABLE 5 1 4 TABLE 9 8 TABLE 12 11 Gusto TABLE TT� 23 21 22 MIN. 32" z F- F- w `Mmi WINDOW w _ m -' m CLEAR _ fn � 36'• GU5T0 I TABLE I IS �� _ GUSTO 7 TABLE Ig 4 MIN.3 V GL EA "Its MIN. 32" E HALL IB CLEAR 20,_10„ EMPLO C -C - (E) CU5TOMER SALSA 6O°D' L�K� MIN. 32" 5EATI NO TABLE CLEAR AREA 405 50. FT. EXISTI .2 DRY (E) PREP. V AREA N.S.F. . (F,) SNEEZE GUARD GASH RE61Sr ST PREP. PREP PREP (E) CASHIER 16'-0" TABLE UNIT UNIT FRW2 rABLe 2-DO[z N.S.F.. EXISTING I� FLOOR DRAIN NEW MARGARITA CRE IS REs WINDOW i EXISTINd fO PKIN& BELOW PREP AREARANOE INTEF YVJ HOO LOGi N.S.F. A 3 I I ERRIN IK Q COOLER DSPL .11� °B PROPOSED FLOOR PLAN SCALE CAW- I• -O• WASH-OUT EXISTING AREA L HAND WASH ( 3x3x6' H. SINK Q w w W✓ FLOOR to z SINK UNDER N SHEETINDEX Attachment No. PC 6 - Project Plans Al PROPOSED SITE PLAN/ PROJECT INFO / FLOOR PLAN TENANT GREAT MEX. GRILL 703 EAST BALBOA BOULEVARD, NEWPORT BEACH, CA. 92661 CONTACT: RICHARDO ALONZO ( 714) -717-5449 CONSULTANTS DESIGNER MIGUEL A. CASILLAS PO. BOX # 882398 LOS ANGELES, CA. 90009 PHONE # 310-658-0916 EMAIL: mactek2005@hotmall.com USE: RE5TAURANT OCCUPANCY: B CONBTRUC. TYPE: V—B UN BPRINKLERED LOT SIZE: 2,565 BF. 13UIL7INO 51ZE: 1,035 5F. LOT COVERAGE: 48.7% PLANNINO NOTES 1) PARKING -NO LONGER REOUIRE5 4 IN -LIEU 5PACE5 v(9 51NCE LAW CHANGED IN 2016. 26ER4TOR - 'R 2) 7RA5H LOCATED AT WA5HINOTON AND BAY AVE. kPFROVED V6 =R - IR WPROVED 'INC ,SE CEPTOR ,TION ( NSP UTENSIL SINK (3) 06"Xlg"X12" COMPS) W&' SPLASH SEALED TO WALL ON 2" ROUND METAL LEGS, kV S/S SHELVES ABOVE Palm Lot F Best Buy Candy 9 Net 9 �y4H Balboa Water Sports e r;g 9 San Shi Go gyp`, Sushi B Asian Mint Leaf Thai Cuisine 3e County Eea/aoa 1 %o' Balboa Pharmacy 703 e. BALBOA BLVD., t Mex r RT BEACH, GA 92661 J3 East Balboa F c S� ulevard F@ay a Balboa Lily's boa Blvd FOeejn�o^ Balboa TobaccoQ ' �1 VICINITY MAP o /jl '4J NO SCALE J r J m J Q N �0 C0 U Q X m cw C Q w w of w (D r` z to z O 00 w Cc m M � w ~O M � M o U) Q W w J Q D (o Z J a O O J LL Z J a z F- F- w `Mmi U, _ Lrn w _ (1) 55 Planning Commission - January 17, 2019 Item No. 3a Additional Materials Presented At Meeting Great Max Grill MUP fir Type 47 License (PA2018-169) Great Mex Grill Minor Use Permit V" Planning Commission, Public Hearing January 17, 2019 703 East Balboa Boulevard Minor Use Permit No. UP2o18-o3.1(PA2018-16g) 2/q 1 01/17/2019 Community Development Department- Planning Division I Q } M) SIDEWALK 98.0' _P.L. of/17/zoig Community Development Department - Planning Division rL LU r � 3 m -� EXISTING RESTAURANT - il D 703 E. BALBOA BLVD., = EXISTING 2 -STORY i NEWPORT BEACH, CA. -� RESIDENTIAL UNIT 92661 AND GARAGE 1,019 50. PT. „ N - CQ PROPOSED SITE PLAN SCALE, via•. r-0• N of/17/zoig Community Development Department - Planning Division rL LU r � 3 Use Permit No. UPi53.5- authorized the construction of a two-story single-family residence at the rear of the property in 1971. Use Permit No. UP3033. - approved a take-out eating and drinking establishment with incidental on -sale beer and wine and a request to waive all of the required off-street parking spaces. 01/17/2019 Community Development Department- Planning Division Minor Use Permit No. UP2o18-o11(PA2o18-i6g) MUP for an existing eating and drinking establishment (Great Mex Grill) Upgrade to Type 47 (On -Sale General) license requested Expanded morning hours of operation to allow for breakfast service: Too a.m. through Zo:oo p.m., daily. oz/17/zosg Community Development Department- Planning Division 5 �Irniect Dr - 01/17/2019 F 01/17/2019 UP2o18-o11(PA2018-169) Type 41 (On -sale Beer and Wine) to Type 47 (On -sale General) alcohol license 403 square feet 25 seats Too a.m. to 10:0o p.m., daily (requested) 10:0o a.m. to 10:0o p.m., daily (current) Community Development Department - Planning Division Memo B@IOH E'ENCM Gsr ,•-0• 6 SEATING T SEATING s TABLE 14 ?4 10 RESTploo EXISTING TABLE TABLE 4 Aw c 13 I ABLE _ = TABLE N B1• NlN n S � r �R 10'-1• Q MIN 'R TABLE s T 61 E TABLE y MIN b]• (E1 HALL Ib M, -IO• (E) CUSTOMER $A.LM eci7D5 x• LOCXEPS Mttt 63• 5EATIN6 T'�B EXISTIN cLeAle AAR A 405 5Q. FT REMIP6CR TOR - PRY (E) PREP. 2 -DOOR AREA ".F. APPROVED srrffg �� cASH r RE6Is �,. PRL9' PRL'P (E) CASHIER ��• rI�BY.E r---1 UVIT LWIT EXISrINb - I I rABLc 2 -POOR o I I S T "P. APPROJ® MVSTIN6 I I FLOOR GRAIN NEW MARGARITA REAEXISTE WINPOW II EXIST Nb BB.OW PREP AREA 6RE.ASE INTaPLEI�fOR i Rv Ho I LocAnaN I NSF. s I I ---i �n t WAb4�OVf EXN EXISTINS NSF VrIMIL VW '�A (bk3kb' H. ) 51W WA WAJri '-DKK (S) (Ib'Xlb•X11' CO9PS) OOR iWlb• OOPLASH SEALED TO sf KK OVERPLWALL ON 1' ROW METAL LE65• W/" SHELVES ABOVE PL �zl PROP09m FLUOR AN N SONE BM'• 1•-O" N / Planning Commission - January 17, 2019 Item No. 3a Additional Materials Presented At Meeting Great Max Grill MUP fir Type 47 License (PA2018-169) Great Mex Grill Minor Use Permit V" Planning Commission, Public Hearing January 17, 2019 703 East Balboa Boulevard Minor Use Permit No. UP2o18-o3.1(PA2018-16g) 2/q 1 01/17/2019 Community Development Department- Planning Division I Q } M) SIDEWALK 98.0' _P.L. of/17/zoig Community Development Department - Planning Division rL LU r � 3 m -� EXISTING RESTAURANT - il D 703 E. BALBOA BLVD., = EXISTING 2 -STORY i NEWPORT BEACH, CA. -� RESIDENTIAL UNIT 92661 AND GARAGE 1,019 50. PT. „ N - CQ PROPOSED SITE PLAN SCALE, via•. r-0• N of/17/zoig Community Development Department - Planning Division rL LU r � 3 Use Permit No. UPi53.5- authorized the construction of a two-story single-family residence at the rear of the property in 1971. Use Permit No. UP3033. - approved a take-out eating and drinking establishment with incidental on -sale beer and wine and a request to waive all of the required off-street parking spaces. 01/17/2019 Community Development Department- Planning Division Minor Use Permit No. UP2o18-o11(PA2o18-i6g) MUP for an existing eating and drinking establishment (Great Mex Grill) Upgrade to Type 47 (On -Sale General) license requested Expanded morning hours of operation to allow for breakfast service: Too a.m. through Zo:oo p.m., daily. oz/17/zosg Community Development Department- Planning Division 5 �Irniect Dr - 01/17/2019 F 01/17/2019 UP2o18-o11(PA2018-169) Type 41 (On -sale Beer and Wine) to Type 47 (On -sale General) alcohol license 403 square feet 25 seats Too a.m. to 10:0o p.m., daily (requested) 10:0o a.m. to 10:0o p.m., daily (current) Community Development Department - Planning Division Memo B@IOH E'ENCM Gsr ,•-0• 6 SEATING T SEATING s TABLE 14 ?4 10 RESTploo EXISTING TABLE TABLE 4 Aw c 13 I ABLE _ = TABLE N B1• NlN n S � r �R 10'-1• Q MIN 'R TABLE s T 61 E TABLE y MIN b]• (E1 HALL Ib M, -IO• (E) CUSTOMER $A.LM eci7D5 x• LOCXEPS Mttt 63• 5EATIN6 T'�B EXISTIN cLeAle AAR A 405 5Q. FT REMIP6CR TOR - PRY (E) PREP. 2 -DOOR AREA ".F. APPROVED srrffg �� cASH r RE6Is �,. PRL9' PRL'P (E) CASHIER ��• rI�BY.E r---1 UVIT LWIT EXISrINb - I I rABLc 2 -POOR o I I S T "P. APPROJ® MVSTIN6 I I FLOOR GRAIN NEW MARGARITA REAEXISTE WINPOW II EXIST Nb BB.OW PREP AREA 6RE.ASE INTaPLEI�fOR i Rv Ho I LocAnaN I NSF. s I I ---i �n t WAb4�OVf EXN EXISTINS NSF VrIMIL VW '�A (bk3kb' H. ) 51W WA WAJri '-DKK (S) (Ib'Xlb•X11' CO9PS) OOR iWlb• OOPLASH SEALED TO sf KK OVERPLWALL ON 1' ROW METAL LE65• W/" SHELVES ABOVE PL �zl PROP09m FLUOR AN N SONE BM'• 1•-O" N / OYA MOM The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 3. (Existing Facilities). The proposed project involves an existing building where only operational changes are requested and no physical modifications are proposed, which is within the thresholds identified in CEQA Guidelines Section 2-5303-- 01/17/2019 Community Development Department - Planning Division Conduct a public hearing r Adopt the draft resolution for approval: Limit hours for alcohol service: 11:oo a.m. through io:oo p.m. No physical bar allowed for alcohol service. Prior Use Permit No. UP3031 is rescinded If final action is taken, appeal period expires Thursday, JanuarY31, 2019. proceed to ABC for issuance of amended license. 01/17/2019 Community Development Department- Planning Division 9 1 For more information contact: Makana Nova, Associate Planner 949-644-3249 mnova@newportbeachca.gov www.newportbeachca.gov Planning Commission - January 17, 2019 Item No. 3a Additional Materials Presented At Meeting Great Max Grill MUP for Type 47 License (PA2018-169)