Loading...
HomeMy WebLinkAboutPA2019-179 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER VIA EMAIL October 30, 2019 Reference No. PA2019-179 The Planning & Zoning Resource Company Attn: Maria Cofano Maria.cofano@pzr.com RE: 3732 and 3734 East Coast Highway, Newport Beach, CA 92625 459 221 19 Dear Ms. Cofano: The above referenced currently located within the Commercial Corridor (CC) Zoning District and designated as Corridor Commercial (CC) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. For the properties to the north across the alley, the Zoning District is Two-Unit Residential (R-2) and the General Plan land use designation is Two-Unit Residential (RT). The abutting properties to the east and west are zoned CC and located within the CC land use designation. Properties located to the south across East Coast Highway are also zoned CC and located within the CC land use designation. At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. With the exception of the discretionary approvals for signs, copies of those resolutions are attached. Please contact the Planning Division for further details on any discretionary application: PA2019-179 Page 2 Zoning Compliance - PA2019-179 Tmplt: 08-15-176 The following discretionary approvals were acquired from the County of Orange Planning Department: 3732 East Coast Highway:  Minor Use Permit No. UP2012-024 – approved on November 28, 2012 by the Zoning Administrator to allow a bakery café.  Conditional Use Permit No. UP2017-022 – approved on December 7, 2017 by the Planning Commission to allow a new restaurant to take over the bakery café including additional seating and a Type 41 (on-sale beer and wine) Alcoholic Beverage License. 3734 East Coast Highway  Minor Use Permit No. UP2013-003 – approved on March 14, 2013 by the Zoning Administrator to allow a retail wine store with accessory on-site wine tasting. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights -of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at (949) 644-3221, mwhelan@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map Minor Use Permit No. UP2012-024 Conditional Use Permit No. UP2017-022 Minor Use Permit No. UP2013-003 PA2019-179 )l_t_ j,_ /41,,,L ~ Melinda Whelan Assistant Planner Page 3 Zoning Compliance - PA2019-179 Tmplt: 08-15-176 Subject Property: 3742 and 3734 East Coast Highway PA2019-179 PA2019-179 RESOLUTION NO. ZA2012-044 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012-024 FOR SWEET LADY JANE BAKERY, A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3732 EAST COAST HIGHWAY (PA2012-138) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1 . An application was filed by Scott Laidlaw of LSArchitects on behalf of SLJ Bakeries, LLC, with respect to property located at 3732 East Coast Highway, and legally described as Lot 4, Block 'W', of Tract 323 requesting approval of a minor use permit. 2. The applicant proposes to convert 1,660 square feet of retail space to a food service, eating and drinking establishment, which will have an interior net public area of 280 square feet with 12 seats and an accessory outdoor dining area of 70 square feet with 8 seats. The proposed hours of operation are 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11 :00 p.m., Thursday through Saturday. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 28, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to convert retail space to a food service, eating and drinking establishment. The existing space will be remodeled with approval of a tenant improvement building permit. PA2019-179 SECTION 3. REQUIRED FINDINGS. Minor Use Permit Zoning Administrator Resolution No. ZA2012-044 Page 2 of 9 In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, 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 General Plan and any applicable specific plan. Facts in Support of Finding 1. The General Plan land use designation for this site is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed project is a food service, eating and drinking establishment to be located within an existing retail tenant space. This use is consistent with the General Plan Corridor Commercial (CC) land use designation, which allows these types of uses. 2. This type of use will not only serve the residents within the area, but will also serve visitors and commuters travelling on East Coast Highway. The proposed floor plan is designed such that the cake decorating occurs within the storefront window area in order to draw pedestrian traffic. 3. 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 site is located within the Commercial Corridor (CC) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate to a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed food service, eating and drinking establishment is consistent with the land uses permitted within this zoning district and is designed such that it will encourage and draw pedestrian activity. 2. Pursuant to Section 20.20.020 (Table 2-5 Allowed Uses and Permit Requirements), the proposed project requires approval of a minor use permit, because it is located within 500 feet of the residential zoning district located north of the subject site. Late hours and/or alcohol are not proposed. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2012-044 Page 3 of 9 3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing mixed-use development is considered nonconforming due to parking and use. Pursuant to Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 5. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one parking space for every 30 to 50 square feet of net public area. The proposed project has an interior net public area of 280 square feet with accessory outdoor dining of 70 square feet providing seating for a maximum of 20 customers. One (1) parking space for every 40 square feet of net public area is a reasonable number to require for the proposed use, given the operational characteristics. Based on the interior net public area of the proposed establishment, 7 parking spaces are required (280 sq. ft. / 40 sq. ft. = 7). The accessory outdoor dining is excluded from the parking requirement since it is equal to 25 percent of the interior net public area. 6. The 1,660-square-foot retail space requires 7 parking spaces and the proposed food service, eating and drinking establishment requires 7 parking spaces; therefore, the project complies with Section 20.38.060 (Nonconforming Parking). 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 proposed project involves interior alterations to convert an existing retail space within a nonconforming mixed-use development to a food service, eating and drinking establishment. 2. The proposed use will provide bakery products for retail sale and will provide seating for a maximum of 20 customers. The operational characteristics of the use are that of a food service, eating and drinking establishment, which is a common use in commercial buildings along East Coast Highway in Corona del Mar. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2012-044 Page 4 of 9 3. The hours of operation of the establishment will be between 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11 :00 p.m., Thursday through Saturday. 4. The proposed establishment will be located within an existing nonconforming mixed-use building in a nonresidential zoning district. Although it is located less than 500 feet from a residential district directly to the north (within approximately 25 feet), it is not facing the residential properties and is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and any noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 5. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 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. Facts in Support of Finding 1. The building has existed since the 1940s. The conversion of retail space to a food service, eating and drinking establishment will not negatively affect emergency access. The design, size, location, and operating characteristics of the use are compatible with the existing uses within the surrounding area. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Tmplt: 05/16/2012 PA2019-179 Facts in Support of Finding Zoning Administrator Resolution No. ZA2012-044 Page 5 of 9 1. The project has been reviewed and this approval includes conditions 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 restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. 3. The proposed food service, eating and drinking establishment will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012-024, 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 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER, 2012. Tmplt: 05/16/2012 PA2019-179 Planning Division Conditions Zoning Administrator Resolution No. ZA2012-044 Page 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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. 3. Any change in operational characteristics, hours of operation, 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 use permit. 4. Minor Use Permit No. UP2012-024 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. The indoor net public area shall be limited to a maximum of 280 square feet and 12 seats. 10. The outdoor net public area shall be limited to a maximum of 70 square feet and 8 seats. If the adjacent tenant installs seating inside the courtyard area, said seating shall be for exclusive use of the adjacent tenant. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2012-044 Page 7 of 9 11. Prior to the issuance of building permits, improvement plans shall indicate how the outdoor dining area (70 square feet) will be delineated (e.g. paint). 12. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area equaling a total of 7 parking spaces. 13. The hours of operation for the eating and drinking establishment are limited from 7:00 a.m. to 11 :00 p.m., daily. 14. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Manager and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 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. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 18. The size, design, and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Division prior to issuance of building permits. 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. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 21. 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. 22. 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, Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2012-044 Page 8 of 9 and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Sweet Lady Jane Bakery MUP including, but not limited to Minor Use Permit No. UP2012-024 (PA2012-138) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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 and Fire Department Conditions 23. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 24. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City-adopted version of the California Building Code. 25. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 26. The construction plans must meet all applicable State Disabilities Access requirements. 27. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 28. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 29. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 30. All exits shall remain free of obstructions and available for ingress and egress at all times. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2012-044 Page 9 of 9 31. A Type I hood shall be installed at or above all commercial cooking appliances used for commercial purposes that produce grease laden vapors. Each required commercial kitchen exhaust hood and duct system shall be protected with an approved automatic fire-extinguishing system. Public Works Department Conditions 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. An encroachment permit is required for all work activities within the public right-of-way. 34. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 35. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the East Coast Highway frontage. 36. A new sewer cleanout shall be installed on the existing sewer lateral with a traffic- grade box and cover per City Standard STD-406-L. Said sewer cleanout shall be located within the public right-of-way. Revenue Department Conditions 37. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Tmplt: 05/16/2012 PA2019-179 RESOLUTION NO. 2074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, · APPROVING CONDITIONAL USE PERMIT NO. UP2017-022 REDUCING THE REQUIRED PARKING AND ALLOWING THE ESTABLISHMENT OF A NEW RESTAURANT (MAMA D'S) WITH ALCOHOL SALES AND SERVICE AND NO LATE HOURS LOCATED AT 3732 EAST COAST HIGHWAY (PA2017-162) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Laidlaw Schultz Architects ("Applicant"), with respect to property located at 3732 East Coast Highway, and legally described as Lot 4, Block W of Tract No. 323, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 14, Page(s) 40 and 41 of Miscellaneous Maps in the Office of the County Recorded of said Orange County, requesting approval of a conditional use permit. 2. The Applicant proposes a new restaurant (food service, eating and drinking establishment) in the former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is required to allow addition.al seating, the s~le and service of alcohol with a Type 41 (On- Sale Beer and Wine -Eating Place) Alcoholic Beverage Control (ABC) license, and an adjustment to the parking requirement. No late hours (beyond 11 p.m.) are requested as part of this application. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. In accordance with Newport Beach Municipal Code ("NBMC") Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within 500 feet of a residential zoning district require the approval of a use permit in the CC Zoning District. 6. A public hearing was held on December 7, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 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 PA2019-179 Planning Commission Resolution No. 207 4 Page 2 of 14 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to a restaurant. The existing tenant space will be remodeled with approval of a tenant improvement building permit. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the following finding and fact in support of such finding 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 NBMC Section 20.48.030, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 44 (RD 44). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report -homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson) crime rate in RD 44 is higher than adjacent RD 43, RD 45 and RD 47, which are predominantly residential, and lower than the Citywide average. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has expressed no objection to the alcoholic beverage license subject to the attached conditions of approval. The operation of the establishment includes . the approved floor plan with no separate bar counter or area and a closing hour no later than 11 p.m. (i.e., no patrons within the establishment after 11 :30 p.m.). ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 44 is higher than adjacent RDs 43, 45 and 4 7. These reporting districts are primarily comprised of residential properties, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposal and has no objection. 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 3 of 14 2. In 2016, two calls for service representing less than one percent of all calls for service in the RD were reported at the subject property. All calls for service were not specifically related to the existing restaurant and were only listed for geographical purposes. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The restaurant will be located in a renovated commercial building fronting East Coast Highway. There are two nonconforming residential units above the tenant space, which are not be permitted in the CC Zoning District. The properties immediately across the alley to the north of the project site are within the Two-Unit Residential (R-2) Zoning District. Primary access to the restaurant will be from the East Coast Highway frontage away from the residential neighborhood. 2. The property is not located within close proximity to any day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that typically attract minors. 3. The nature of the commercial corridor along East Coast Highway in the Corona del Mar area is to provide goods, services, and entertainment, including eating and drinking establishments, which are designed to foster pedestrian activity. The proposed restaurant will occupy a tenant space formerly occupied by another food service, eating and drinking establishment (Sweet Lady Jane's Bakery). iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The closest establishment selling alcoholic beverages is Five Crowns Restaurant to the southeast across East Coast Highway. Several other full service restaurants and bars with alcohol licenses operate to the west of this project site; however, those uses are spread out along the corridor. The next closest is El Cholo Restaurant, which is approximately 600 feet away and separated by several multi-tenant commercial buildings as well as Poinsettia and Orchid Avenues. 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 project has been reviewed and conditioned to help ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for 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 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 4 of 14 of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment would close no later than 11 p.m., daily, which will help to ensure the use does not become a late night establishment, bar, tavern, or nightclub. In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The General Plan land use designation for this site is Corridor Commercial (CC). The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. A restaurant is permissible in the Zoning Code (implementation of the General Plan) subject to the approval of a minor or conditional use permit. 2. The proposed restaurant is consistent with this designation because it will provide a service to the surrounding neighborhood that will help to maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must close by 10 p.m. and the indoor dining area must close by 11 p.m. All patrons must vacate the premises by these designated times. The earlier closing hours will help to ensure the use remains compatible with adjacent residential units and the surrounding neighborhood. 3. The subject property is not a part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions in the Zoning Code and Municipal Code. Facts in Support of Finding: 1. See Facts in Support of Finding A. 2. See Facts in Support of Finding 8(1) and 8(2). 3. The proposed use complies with N8MC Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. These include, but are not limited to: 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 5 of 14 a. A prohibition of visible outdoor storage and solid waste storage (Conditions of Approval 18 through 21); and b. On-sale alcohol operational standards and requirements (Conditions of Approval 26 through 45). c. Outdoor dining operational standards (Conditions of Approval 7 and 8). 4. NBMC Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one parking space for every 30 to 50 square feet of net public area. The proposed project has an interior net public area of 600 square feet with accessory outdoor dining of 150 square feet providing seating for a maximum of 36 customers. One (1) parking space for every 40 square feet of net public area is a reasonable number to require for the proposed use, given the operational characteristics. Based on the interior net public area of the proposed establishment, 15 parking spaces are required (600 sq. ft. / 40 sq. ft. = 15). The accessory outdoor dining area is excluded from the parking requirement since it is equal to 25 percent of the interior net public area. 5. The existing mixed-use development is considered nonconforming due to parking and use. No off-street parking is provided to serve the uses on-site; however, the building was constructed prior to the establishment of parking requirements. 6. The gross floor area of the tenant space is 1,780 square feet. A parking credit of eight (8) spaces is allotted to the tenant space; therefore, a total of seven (7) parking spaces are waived with this approval. The reduction in the parking requirement is consistent with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements) based on alternative modes of travel to the restaurant (a large number of people residing in Corona del Mar walk to restaurants), availability of proximate on-street parking and two adjacent off-site private parking lots, for which the property owner or business operator will maintain a private lease agreement. 7. A parking management plan has been prepared in compliance with NBMC Subsection 20.40.11 0(C) to ensure employees park in the adjacent private parking lot to the east (Opus Bank). Patrons will also be encouraged to park in the adjacent private parking lot to the west (One West Bank). The hours of operation for the banks are such that they will be closing as the restaurant is commencing operation, which is consistent with the spirit of a jointly-used parking facility. 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. Commercial uses such as restaurants are common in the vicinity along East Coast Highway and serve visitors and residents. As conditioned, the establishment will be compatible with the land uses permitted within the surrounding neighborhood. 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 6 of 14 2. The proposed use will be located within an existing nonresidential building and will complement the existing mix of retail, service, and restaurant uses in the immediate area. A bakery previously operated in this location, and the space is currently vacant. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is adjacent to residentiai units, the building is oriented toward East Coast Highway and the outdoor dining area will be buffered by a two-story structure at the rear of the property, closest to the residential neighborhood. 4. As conditioned, the outdoor dining area will close by 10 p.m., daily, and the interior of the restaurant will close by 11 p.m., daily, with all patrons vacating the premises by 10:30 p.m. and 11 :30 p.m., respectively. The earlier closing hours will help to ensure there is no detriment to the adjacent residential neighborhood as well as the nonconforming residential units above, which are permitted to remain pursuant to NBMC Chapter 20.38 (Nonconforming Uses and Structures). 5. The Police Department has reviewed the proposed project and has no objections. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 6. A condition of approval has been included requiring the business owner to ensure employees park in the adjacent off-site parking area (Opus Bank) to the east to help ·alleviate any impacts to the adjacent residential neighborhood. 7. The proposed restaurant focuses on quick turnovers, such that an expeditious dining experience is had by all patrons. It is also anticipated that patrons of the restaurant may use alternative means of transportation to arrive at the restaurant (e.g., walking, biking, rideshare services, etc.). 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 subject tenant space is located within an existing nonresidential building. The improved tenant space will be designed and developed for a restaurant use. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has most recently been occupied by a bakery and cafe. 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 7 of 14 2. Although the site does not provide the minimum number of off-street parking spaces on-site, the site is suitable because the property owner and/or business owner will be required to maintain a lease for parking in the adjacent private parking lots. Said lots will be available in the evening as shown by the submitted Parking Management Plan and accompanying private lease agreements. Additionally, a condition of approval has been included requiring the business owner to ensure employees park at the private parking lot to the east of the project site (Opus Bank). Patrons and employees will not need to walk through the residential neighborhood to access the restaurant. 3. The Applicant is required to install a grease interceptor, provide a wash-out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. All of these required improvements will be accommodated on-site. 4. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the building permit. 5. The tenant improvements to the project site will comply with all Building, Public .-Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. See Fact in Support of Finding C(7). 2. See Facts in Support of Finding 0(3) and 0(4). 3. The project has been reviewed and includes conditions of approval to help 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. 4. The restaurant will provide dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol will complement the principal use of the facility as a restaurant and provide an 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 8 of 14 economic opportunity for the property owner to maintain a successful business in a way that best serves the community. 5. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-022, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows for the establishment of a restaurant with alcohol sales and no late hours at 3732 East Coast Highway, and reduces the required number of parking spaces due to the availability of alternative forms of transportation (e.g., walking, biking, ridesharing, etc.). 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-044 for Minor Use Permit No. UP2012-024, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF DECEMBER, 2017. AYES: Dunlap, Kleiman, Koetting, Lowrey, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer Pete BY: ---=~-----t-11-----~--- Erik 07-11-17 PA2019-179 Planning Division Planning Commission Resolution No. 207 4 Page 9 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. 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. This Conditional Use Permit may be modified or revoked by the Planning Commission should it determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health and welfare, or materially injurious to property or improvements in the vicinity, or if the property is operated or maintained so _9s to constitute a public nuisance. 5. The hours of operation for the interior of the restaurant shall be limited to 5 p.m. and 11 p.m., daily. Operation of the outdoor dining area shall be limited to 5 p.m. to 10 p.m., daily. All customers shall vacate the establishment 30 minutes after these designated closing times. 6. Subject to the securing of a lease for parking, acceptable to the Community Development Director, the restaurant may be open beginning at 11 a.m. on Saturdays, Sundays, and Holidays. 7. The interior net public area shall be limited to 600 square feet. The outdoor dining area shall be limited to 150 square feet. 8. Appropriate barriers shall be placed around the outdoor dining area. Said barriers shall serve only to define the areas and shall not constitute a permanent a/I-weather enclosure. 9. All physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) related to the outdoor dining area that are visible from the East Coast Highway right-of-way shall be compatible with one another and with the overall character and design of the principal structure. 07-11-17 PA2019-179 Planning Commission Resolution No. 2074 Page 10 of 14 10. A// employees shall park in the private parking facility as designated in the Parking Management Plan. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require separate review and approval by the Planning Division and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 12. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 13. Prior to issuance of building permits, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 14. Prior to issuance of building permits, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. 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 Newport Beach Municipal Code. 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 a.m. and Between the hours of 10 p. m. 10 p.m. and 7 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise- generating construction activities are not allowed .on Sundays or federal holidays. 18. No outside paging system shall be utilized in conjunction with this establishment. 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 11 of 14 19. 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. 20. 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. 21. 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. 22. · 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. 23. 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). 24. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 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. 25. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 26. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Mama D's Restaurant Corona del Mar including, but not limited to, Conditional Use Permit No. UP2017-022 (PA2017-162). 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 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 12 of 14 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 27. The removal or relocation of tables, chairs, stools or other furniture to accommodate an area for standing or dancing shall be prohibited. 28. This approval is for an eating and drinking establishment (restaurant) with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control (ABC) 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. 29. All owners, managers and employees must abide by all conditions of the ABC license. 30. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 31. No alcoholic beverages shall be consumed on any property or tenant space adjacent to the licensed premises under the control of the licensee. 32. There shall be no live entertainment or dancing allowed on the premises. 33. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 34. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 35. No off-sales of alcohol shall be permitted. 36. Food service from the regular menu shall be made available to patrons until closing. 37. 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. 38. 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. 39. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 13 of 14 40. Any event or activity staged by an outside promoter or entity, where the Applicant, operator, owner or his or her 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. 41. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 42. A Special Event 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 by the NBMC to require such permits. 43. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service_ or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 44. Strict adherence to maximum occupancy limits is required. 45. The operator shall maintain a security recording system with a 30-day retention and make those recordings available to the Police Department upon request. 46. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Fire Department 47. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage dispensing applications shall be required to obtain a fire permit as per California Fire Code (CFC) Section 105.6. 48. Where carbon dioxide storage tanks, cylinders, piping and equipment (100 pounds or more of carbon dioxide) are located indoors, rooms or areas containing carbon dioxide 07-11-17 PA2019-179 Planning Commission Resolution No. 207 4 Page 14 of 14 storage tanks, cylinders, piping and fittings and other areas where a leak of carbon dioxide can collect shall be provided with either ventilation or an emergency alarm system per CFC Section 5307.5. 49. Mechanical ventilation shall be in accordance with the California Mechanical Code and shall comply with all of the following: a. Mechanical ventilation shall be at a rate of not less than one (1) cubic foot per minute per square foot. b. Exhaust shall be taken from a point within 12 inches of the floor. c. The ventilation system shall be designed to operate at a negative pressure in relation to the surrounding area. 50. An emergency alarm system shall comply with all of the following: a. Continuous gas detection shall be provided to monitor areas where carbon dioxide can accumulate. b. The threshold for activation of an alarm shall not exceed 5,000 parts per million. c. Activation of the emergency alarm system shall initiate a local alarm while in the room or area in which the system is installed. 51. Changes in use or occupancy that would place the structure in a different division of the same group or occupancy or in a different group of occupancies shall be made to comply with the requirements of this code and the California Building Code per CFC Section 102.3. 52. The proposed use is changing the existing occupancy from a B occupancy to an A-2 occupancy. With this change, additional requirements may apply at the discretion of the Life Safety Services Division and Fire Department. Fire sprinklers shall be required if the square footage equals or exceeds 5,000 square feet or the occupant load meets or exceeds 100 persons per CFC Section 903.21.2. Building Division 53. 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. 07-11-17 PA2019-179 RESOLUTION NO. ZA2013-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013-003 FOR ORANGE COAST WINERY, A RETAIL STORE SPECIALIZING IN WINE SALES AND ACCESSORY ON- SITE TASTING LOCATED AT 3734 EAST COAST HIGHWAY (PA2013-016) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by JR Walz of LSArchitects on behalf of Douglas Wiens of Wiens Family Cellars, with respect to property located at 3734 East Coast Highway, and legally described as Lot 4, Block 'W', of Tract 323 requesting approval of a minor use permit. 2. The applicant proposes to improve 1,440 square feet of commercial space to establish a retail store specializing in homegrown wine and wine-related products (Alcohol Sales (Off-Sale). Also proposed is an accessory, on-site tasting area totaling 170 square feet with eight seats. Sale and on-site consumption of alcohol will be regulated by a Type 02 (Winegrowers) Alcoholic Beverage Control License. Late hours (after 11 :00 p.m.) are not proposed as part of the applicant's request. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 14, 2013 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to improve an existing commercial space to a retail store with an accessory, on-site tasting area. PA2019-179 SECTION 3. REQUIRED FINDINGS. Alcohol Sales (Off-Sale) Zoning Administrator Resolution No. ZA2013-014 Page 2 of 10 In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, 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 proposed retail store is located within Reporting District 44, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD 43 and 45 have a lower number of crimes as they are primarily residential with few commercial uses. Due to the high concentration of commercial land uses along East Coast Highway, the crime rate and shoplifting rate is greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The number 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 residential Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses along East Coast Highway. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a newly renovated commercial space. 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. Although the commercial building is directly adjacent to a residential district, the building is oriented towards and accessed from an entrance on East Coast Highway. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 3 of 10 Additionally, rear alley access to the commercial units is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and potential noise generated by the establishment. 2. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are three comparable establishments on East Coast Highway (Vin Goat, Del Mar Wine and Spirits, and The Wine Gallery); however, they are not in close proximity to the proposed retail store. Del Mar Wine and Spirits is approximately 650 feet west of the proposed retail store and operates with a Type 21 (Off-Sale General) Alcoholic Beverage Control License. Vin Goat is approximately 1,200 feet west of the proposed retail store and operates with Types 20 (Off-Sale Beer and Wine) and 42 (On-Sale Beer and Wine) Alcoholic Beverage Control Licenses. 2. Other establishments selling alcoholic beverages for on-site consumption are located along East Coast Highway; however, these establishments operate as restaurants and are not comparable to the proposed retail store. Appropriate conditions of approval have been included to prevent the retail store from operating as an eating and drinking establishment, bar or lounge, etc. 3. The Police Department has reviewed the subject application and does not foresee an issue with the proposed location. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. This is a new retail store; therefore, no objectionable conditions exist. 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 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 proposed project is a retail store specializing in homegrown wine (Alcohol Sales (Off-sale)) and accessory wine tasting to be located within an existing, commercial building fronting East Coast Highway. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 4 of 10 2. The General Plan land use designation for this site is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 3. The proposed retail store is consistent with the General Plan Corridor Commercial (CC) land use designation, as it will not only serve the residents within the area, but will also serve visitors and commuters traveling on East Coast Highway. The proposed floor plan is designed such that there is a large window display to draw pedestrian traffic. 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 site is located within the Commercial Corridor (CC) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate to a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed retail store and on-site, accessory tasting area are consistent with the land uses permitted within this zoning district as it will serve the adjacent neighborhoods. 2. The proposed use complies with Zoning Code Section 20.48.030 (Alcohol Sales) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing mixed-use development is considered nonconforming due to parking and use. Pursuant to Zoning Code Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area). occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 5. The currently vacant commercial space has been subject to a parking requirement of one parking space per 250 square feet of gross floor area. The proposed retail store will have an equal requirement to that of the previous use in compliance with Zoning Code Section 20.38.060. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 5 of 10 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 proposed project involves interior alterations to improve an existing commercial space within a nonconforming mixed-use development to a retail store with an on-site, accessory tasting area. The operational characteristics of the use are that of a retail store, which is a common use in commercial buildings along East Coast Highway in Corona del Mar. 2. The hours of operation for the retail store and related accessory tasting have been limited by the conditions of approval such that they will not extend beyond 10:00 p.m. 3. The proposed establishment will be located within an existing nonconforming mixed-use building in a nonresidential zoning district. Although it is located adjacent to a residential district (within approximately 25 feet), it is not facing the residential properties and is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and potential noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 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 seNices and utilities. Facts in Support of Finding 1. The building has existed since the 1940s. The improvement of an existing commercial space will not negatively affect emergency access. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Tmplt: 05/16/2012 PA2019-179 Finding Zoning Administrator Resolution No. ZA2013-014 Page 6 of 10 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, a 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 this approval includes conditions 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 retail store. 2 The restrictions on the hours and wine tasting operation will help prevent adverse pedestrian and traffic impacts for the surrounding residential and commercial uses. 3. The proposed retail store and on-site, accessory tasting area will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area. 4. All owners, managers, and employees selling or serving wine will be required to complete a Responsible Beverage Service certification program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013-003, 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 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF MARCH, 2013. PA2019-179 Planning Division Conditions Zoning Administrator Resolution No. ZA2013-014 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This minor use permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2013-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, nightclub, or eating and drinking establishment as defined by the Newport Beach Municipal Code. 9. There shall be no dancing and/or live entertainment allowed on the premises. 10. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 02 (Winegrower), Type 20 (Off-Sale Beer and Wine), or comparable license. Any Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 8 of 10 substantial change in the ABC License type shall require subsequent review and potential amendment to this minor use permit. 12. The tasting area shall be limited to 170 square feet and eight seats within the designated area. No tastings shall be conducted outside of the designated area. Tastings are limited to those allowed under a Type 02 (Winegrower) Alcoholic Beverage Control License only. Pours shall be limited to two ounces each. 13. Use of the outdoor courtyard area for consumption of products sold within the retail store is not permitted. 14. The hours of operation for the retail store and related, accessory wine tasting are limited from 7:00 a.m. to 10:00 p.m., daily. 15. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 16. 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. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 18. 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. 19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Orange Coast Winery MUP including, but not limited to Minor Use Permit No. UP2013-003 (PA2013-016) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 9 of 10 Building Division and Fire Department Conditions 20. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 21. The construction plans must meet all applicable State Disabilities Access requirements. 22. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 24. All exits shall remain free of obstructions and available for ingress and egress at all times. Revenue Department Conditions 25. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Police Department Conditions 26. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 29. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 30. All owners, managers, and employees selling wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The retail store shall comply with the Tmplt: 05/16/2012 PA2019-179 Zoning Administrator Resolution No. ZA2013-014 Page 10 of 10 requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 31. A Special Event 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, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Tmplt: 05/16/2012 PA2019-179 Zoning Compliance Application PROPERTY OWNER(S) NAME Community Development Department Planning Division 100 Civic Center Drive/ P.O. Box 1768 / Newport Beach , CA 92658-8915 (949)644 -3204 Telephone/ (949)644-3229 Facsimile www.newportbeachca.gov ADDRESS CITY, STATE I ZIP CODE EMAIL PHONE NO. I FAX NO . APPLICANT(S)/CONTACT(S) NAME Maria Cof ano ADDRESS CITY, STATE I ZIP CODE 1300 South Meridian Ave, Suite 400 Oklahoma City, OK 73108 EMAIL PHONE NO . I FAX NO. maria.cofano@pzr.com 800-344-2944 X 4516 405-547-9513 SITE/PROJECT ADDRESS 3732 East Coast Highway INFORMATION REQUEST Please Check the box(es) next to the requested information l:9 Current zoning/General Plan designation of the property l2J: Overlay district ~ Abutting Zoning/General Plan designation l2J: Discretionary Approvals 1M Legal nonconforming uses or structures ~ Developed with Site Plan approval ASSESSOR'S PARCEL NO . 459-221-19 □ Other (attach additional sheet(s)) if necessary: _______________ _ DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY Date Received : 09, 'l.'!. · 2.otq Fee Paid : Form of Payment: I Check No. _Receipt No . Planner I Ext. Remarks : l"'(\N fA Z.bl.q -19-'l Target Date: Date Completed Date Mailed : F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliance\lnfo&App .docx Updated 3/11 /13