HomeMy WebLinkAbout03_22nd Street Pizza Minor Use Permit_PA2020-224CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 29, 2020
Agenda Item No. 3
SUBJECT: 22nd Street Pizza (PA2020-224)
Minor Use Permit No. UP2020-171
SITE LOCATION: 2200 West Ocean Front Suite B
APPLICANT: 22nd Street Pizza
OWNER: Surfer Building LLC - Laura Ursini Marroquin
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
Zoning District: Mixed-Use Water (MU-W2)
Coastal Land Use Plan Category: Mixed-Use Water (MU-W)
Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
Request for a minor use permit to convert an existing shaved ice (take-out service eating
and drinking establishment) and bike rental shop into a full-service eating and drinking
establishment. The request includes 23 seats and a Type 41 Alcoholic Beverage Control
License (On-Sale Beer and Wine) with no late hours.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2020-171 (Attachment No. ZA 1).
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DISCUSSION
The subject property is located on the north corner of the West Oceanfront
boardwalk and 22nd Street near McFadden Place. The surrounding area is
developed with visitor serving commercial and multi-family residential uses. The
subject property is developed with a 2,768-square-foot, multi-tenant single-story
building comprised of three suites. In Suite A, there is an existing restaurant, Urban
Cup operating under Minor Use Permit No. UP2017-013 (PA2017-096) as a food
service use, with no late hours and a Type 41 Alcoholic Beverage Control (ABC)
License. In Suite B there is a retail bicycle shop and a shaved ice take out service
limited food service occupies suite C. Suites B and C current tenants will be
vacating for the proposed project, the remaining Suite A will be processed under
a separate minor use permit (UP2020-170).
The proposal is to convert the existing bike shop and shave ice shop into a full
food service, no late hours eating and drinking establishment. The service will
include a Type 41 Alcoholic Beverage Control License (On-sale Beer and Wine).
The establishment will provide a 295 square foot net public area with 23 seats, a
kitchen and one-stall restroom. The hours of operation proposed are 11:00 a.m. to
10:00 p.m., daily. Concurrently, a separate minor use permit (UP2020-170) is
being processed to convert Suite A (Urban Cup) into a take-out service, limited ice
cream shop (Handle s Homemade Ice Cream under PA2020-223). The ice cream
shop includes a maximum six seats with no late hours and no alcohol service.
Essentially the Urban Cup development rights are being shifted to Suite B and
Suite C for this proposal of 22 nd Street Pizza. There is no net increase in the
number of ABC Licenses, hours, net public area or the number of full-service
restaurants. Also, there is no net increase in parking which is discussed further
below.
The proposal complies with Zoning Code standards for a food service, no late
hours eating and drinking establishment.
The property is designated by the Zoning Code and the Local Coastal
Implementation Plan as Mixed-Use Water (MU-W2) respectively, which applies to
areas where it is the intent for waterfront properties in which marine-related uses
may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. The proposed full service, eating and
drinking establishment with and alcohol service and no late hours requires a new
minor use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). The
property is located approximately 320 feet from a residential zoning district.
The property is designated by the Land Use Element of the General Plan Mixed-
Use Water 2 (MU-W2) and the Coastal Land Use Plan as Mixed-Use Water (MU-
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W2 and MU-W) which is consistent with the MU-W2 Zoning/Coastal Zone
designation. The food service is a commercial use intended to serve nearby
residents, the surrounding community, and visitors to the City of Newport Beach.
Therefore, the use is consistent with this land use category.
There is no existing parking on-site. The building has operated as commercial and
food service uses since prior to 1994, when Use Permit No. UP3535 was
approved, which memorialized the nonconforming restaurant use (Suite A) with up
to 1,895 gross square feet and 634 square feet of net public area. In 2018, Urban
Cup moved into Suite A under Minor Use Permit No. UP2017-013 and reduced the
net public area to 450 square feet. Based on the parking requirement of 1 space
per 40 square feet of net public area for Urban Cup, there is a credit of 12 parking
spaces. Suite B and Suite C have always been occupied by commercial and take-
out service limited which is the same parking requirement as general commercial,
1 space per 250 square feet with a 4-space parking credit. This leaves a 16- space-
parking credit for the entire building. Homemade Ice Cream will occupy
Suite A and will use 8-spaces of the parking credit (take-out service limited, 1
space per 250 square feet) and 22nd Street Pizza will occupy Suite B and use the
remaining 8-spaces of the parking credit (1 space per 40 square feet of net public
area). The proposed uses require a total of 16 spaces, requiring no net increase
in the required parking. The parking is broken down in the following table for the
entire building (Suites A, B and C).
Existing Proposed
Urban Cup (Suite A) 12 spaces (1 space
per 40 sq. ft.)
(Suite A) 8 spaces (1 space per
250 square feet)
Bike rental and shave
ice (Suite B and C)
4 spaces (1 space
per 250 square feet)
Pizza (Suite B and
C combined into
one)
8 spaces (1 space per
40 square feet of net
public area)
Total Parking
Required (Credit)
16 spaces existing
16 spaces required for
new uses in building =
net 0 parking required
The parking requirement for a food service eating and drinking establishment is 1
space per 30-50 sf (square feet) of net public area (NPA). Staff recommends a
parking requirement of 1 space per 40 sf of NPA for 22nd Street Pizza (295/40 =
7.37) which results in eight spaces. The 1 space per 40 sf of NPA is appropriate
for this type of use based on several physical design and operational
characteristics. For example, there are only 23 seats included on the floor plan and
the net public area is only 295 square feet. The existing operation includes take-
out service which will be maintained and does add some added turn-over that is
shared within that net public area. The project does not include outdoor dining and
does not have opportunities for future outdoor dining. Lastly, the project is
conditioned to prohibit live entertainment and dancing with no late hours. The eight
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spaces are provided by the existing parking credit for the building as outlined in
the above table.
The project is exempt from the requirements of a Coastal Development Permit
(CDP) because no additional parking is required, and the proposed alcohol sales
is intended as a convenience for on-site patrons that already exists within the
building. The ABC will essentially be shifted to this use with no net increase of
licenses or parking. Therefore, the proposed changes are not considered an
intensification of use.
The Police Department has reviewed the proposed application and has no
objections to the request. The Police Department memorandum, crime and alcohol
related statistics, and reporting district map are attached (Attachment No. ZA 3).
Staff believes allowing the service of alcohol is compatible with existing and
allowed uses within the area. Existing uses in the mixed-use neighborhood reflect
the type of restaurants, retail and service uses allowed by the regulations for the
Zoning District and typically expected by residents and the public of similar mixed-
use and commercial areas.
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 Zoning Administrator 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.
The proposed restaurant requires minor interior tenant improvements to the existing
commercial building with no addition to the structure. The proposed restaurant will be
similar to the existing restaurant that has historically occupied the building.
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.
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT UP2020-171 FOR A FULL-SERVICE EATING AND
DRINKING ESTABLISHMENT INCLUDING TYPE 41 ALCOHOLIC
BEVERAGE LICENSE (ON-SALE BEER AND WINE) WITH NO
LATE HOURS LOCATED AT 2200 WEST OCEAN FRONT SUITE,
B (PA2020-224)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 22nd Street Pizza, with respect to property located at 2200
West Ocean Front, Suite B, and legally described as Lot 1, Block 22 within the Newport
Beach Tract requesting approval of a minor use permit.
2. The applicant proposes to convert an existing take-out service eating and drinking
establishment and bike rental shop into a full-service eating and drinking establishment.
The request includes 23 seats and a Type 41 Alcoholic Beverage Control License (On-
Sale Beer and Wine) with no late hours.
3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan
category is Mixed-Use Water (MU-W) and it is located within the Mixed-Use Water (MU-
W2) Coastal Zone District. The project is exempt from the requirements of a Coastal
Development Permit (CDP) because no additional parking is required, and the addition
of alcohol sales is intended as a convenience for on-site patrons that already exists
within the building and will essentially be shifted to this use with no net increase of
licenses or parking. Therefore, the proposed changes are not considered an
intensification of use.
5. A public hearing was held online on October 29, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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2. The proposed project involves minor interior improvements to an existing commercial
space with no expansion in floor area or change in parking requirements.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code
(NBMC), the following findings and facts in support of 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) of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The crime rate in the subject reporting district (RD 15) as well as two (2) of the
three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15
contains the large commercial shopping center known as The Landing at 32 nd
Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The
purpose of the Zoning of these beach areas is to provide various commercial and
retail uses to support the surrounding residential area as well as the surrounding
tourist destinations. Therefore, these beach areas with a higher concentration of
commercial land uses tend to have a higher crime rate than adjacent RDs.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. Due to the high concentration of commercial land uses, the calls for service and
number of arrests are greater than adjacent RDs. Additionally, this is the beach
area that is considered one of the most significant tourist areas of the City.
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 commercial building is within a mixed-use area with residential and various
commercial services including retail, eating and drinking establishments of a similar
nature. The residential uses are intermixed amongst these uses. The neighborhood
is intended and designed for mixed residential and commercial uses. The subject
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property is along the West Ocean Front public boardwalk and beach. Marina Park is
more than 1,000 feet away. Other sensitive land uses above are not located within
close proximity of the subject building.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. Several other establishments along West Ocean Front, Balboa Boulevard
currently have active ABC Licenses, most of which are bona fide eating and
drinking establishments and are not defined as bars, lounges or nightclubs by the
Zoning Code. Approximately 250 feet south on McFadden Place is Rockin
Lobster, Taco Bell Cantina, the Stag Bar and Kitchen and The Blue Beet Bar.
Across 22nd Street along the West Ocean Front Boardwalk are Blackies, Beach
, Oh Those Doughnuts and 21 Ocean Front
Hotel before the Pier area. The Pier area includes
Bar and Sol Grill and various other take-out restaurants.
2. Due to the type and operation of the restaurant which is conditioned to close at
10:00 p.m. with only 23 seats, and the incorporation of additional conditions to
prevent the restaurant from operating as a bar or lounge, the proximity to other
establishments does not appear to create foreseeable concern.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The subject building has historically been occupied by a full-service eating and
drinking establishment with a Type 41 ABC license and drinking establishment with
a greater number of seats and similar hours of operation (Urban Cup). There is no
evidence that suggests this type of use has created objectionable conditions. Urban
Cup will vacate, therefore there will be no net increase of ABC license within the
subject building.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a minor use permit
are set forth:
Finding
A. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1.The General Plan designates the site as Mixed-Use Water 2 (MU-W2) which applies
to areas where it is the intent to establish waterfront locations in which marine-related
uses are intermixed with commercial service use and residential.
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2. The proposed full-service restaurant use is consistent with the (MU-W2) designation
as it is intended to serve nearby residents, the surrounding community, and visitors
to the City of Newport Beach.
3. Several mixed-use structures including visitor serving commercial such as eating
and drinking establishment uses exist nearby and are complementary to the
surrounding commercial and residential uses.
4. The subject property is not part of a specific plan area.
Finding
B. 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
1.The property is designated by the Zoning Code as Mixed-Use Water (MU-W2), which
applies to areas where it is the intent for waterfront properties in which marine-related
uses may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. The proposed full service, eating and
drinking establishment with alcohol service and no late hours requires a new minor
use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). The
property is located approximately 320 feet from a residential zoning district.
2. There is no existing parking on-site. The building has operated as commercial and
food service uses since prior to 1994, when Use Permit No. UP3535 was approved,
which memorialized the nonconforming restaurant use (Suite A) with up to 1,895
gross square feet and 634 square feet of net public area. In 2018, Urban Cup moved
into Suite A under Minor Use Permit No. UP2017-013 and reduced the net public
area to 450 square feet. Based on the parking requirement of 1 space per 40 square
feet of net public area for Urban Cup, there is a credit of 12 parking spaces. Suite B
and Suite C have always been occupied by commercial and take-out service limited
which is the same parking requirement as general commercial, 1 space per 250
square feet with a 4-space parking credit. This leaves a 16- space-parking credit for
Homemade Ice Cream will occupy Suite A and will be
processed under a separate permit, will use 8-spaces of the parking credit (take-out
service limited, 1 space per 250 square feet) and 22 nd Street Pizza will occupy Suite
B and use the remaining 8-spaces of the parking credit (1 space per 40 square feet
of net public area). The proposed uses require a total of 16 spaces, requiring no net
increase in the required parking.
3. The parking requirement for a food service eating and drinking establishment is 1
space per 30-50 sf (square feet) of net public area (NPA). Staff recommends a
parking requirement of 1 space per 40 sf of NPA for 22 nd Street Pizza (295/40 = 7.37)
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which results in eight (8) spaces. The 1 space per 40 sf of NPA is appropriate for this
type of use based on several physical design and operational characteristics. For
example, there are only 23 seats included on the floor plan and the net public area
is only 295 square feet. The existing operation includes take-out service which will
be maintained and does add some added turn-over that is shared within that net
public area. The project does not include outdoor dining and does not have
opportunities for future outdoor dining. Lastly, the project is conditioned to prohibit
live entertainment and dancing with no late hours. The eight spaces are covered by
the existing parking credit for the building as outlined in Fact No. 2 above.
4. As conditioned, the proposed project will comply with Zoning Code standards for
eating and drinking establishments.
Finding
C. 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 establishment consists of 295 square feet of net public area, kitchen facilities,
indoor storage and washing areas, a restroom, dedicated wash down area that will
drain directly into the sewer system, and a covered trash enclosure with gate. All
improvements to the space including the removal of the wall that combined the
previous suites will require a Building Permit.
2. The hours operation of the restaurant will be restricted to the hours between 8:00 a.m.
and 10:00 p.m., daily. These hours are consistent with the business hours of other
restaurants and uses in the commercial area.
3. The existing restaurant is located within an existing single-story building accessible
from 22nd Street and the alley at the rear, which provides convenient access to
motorists, pedestrians, and bicyclists.
4. The surrounding area contains various, retail and visitor serving commercial uses
including restaurants and take-out eating establishments. The restaurant is
compatible with the existing and permitted uses within the area.
5. The operational conditions of approval 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 that the business remains a
restaurant and does not become a bar or tavern. Additionally, dancing or live
entertainment is not permitted.
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Finding
D. 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 tenant improvement for the commercial space is currently in the plan check
process.
2. The tenant improvement includes a review to ensure adequate public and
emergency vehicle access, and that public services, and utilities are provided. The
tenant improvement plans are required to be reviewed for compliance with applicable
building and fire codes.
Finding
E. 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, and 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 food service, eating and drinking establishment will serve the surrounding
community in a commercial area designed for such uses. The service of alcohol is
provided as a public convenience and is not uncommon in establishments of this
type. Additionally, the service of alcohol will provide an economic opportunity for the
property owner to maintain a successful business that is compatible with the
surrounding community.
3. All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service Certification Program.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2020-171, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF OCTOBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans 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. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4.Use Permit No. UP2020-171 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code
, unless an extension is otherwise granted.
5.This Use Permit shall not be effective until such time that Minor Use Permit No. UP2020-
Use Permit No. UP2017-013 and Urban Cup is vacated.
6.The hours of operation shall be between 8:00 a.m. to 10:00 p.m., daily.
7.The net public area of the interior of the restaurant shall not exceed 295 square feet of net
public area. An increase of this area will require an amendment to this use permit and
potentially a parking waiver.
8. This 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.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
10.
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
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the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
12. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
13. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
14.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.
15. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m.
on Saturday. Noise-generating construction activities are not allowed on Sundays or
Holidays.
16. No audible outside paging system shall be utilized in conjunction with this establishment.
17. 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.
18. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
19. 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. 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
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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).
21. 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.
22. 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.
23. 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.
24. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
25. 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
whatsoever which may arise from or in any manner r
approval of 22nd Street Pizza Minor Use Permit including, but not limited to, UP2020-171
(PA2020-224). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Police Department
1.All customers must vacate the establishment 30 minutes after closing.
2. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
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Zoning Administrator Resolution No. ZA2020-###
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01-25-19
3. 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.
4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
6. There shall be no live entertainment or dancing allowed on the premises.
7. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. No off-sales of alcohol shall be permitted.
10. Food service from the regular menu shall be made available to patrons until closing.
11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
12. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
13. 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).
14. 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.
15. 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-
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Zoning Administrator Resolution No. ZA2020-###
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01-25-19
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
16. Strict adherence to maximum occupancy limits is required.
17. The applicant shall maintain a security recording system with a 30-day retention, and
make those recordings available to the Police Department upon request.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements
of the Newport Beach Municipal Code.
19. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
uccessful 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.
Building Division
20. The
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.
21. The restaurant shall comply with Disable Access requirements.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit UP2020-171
PA2020-224
2200 West Ocean Front, Suite B
22nd Street Pizza Homemade
Ice Cream
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Attachment No. ZA 3
Project Plans
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