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HomeMy WebLinkAboutZA2012-022 Minor Use Permit to Add On-Sale Alcohol SalesRESOLUTION NO. ZA2012 -022 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -006 TO ADD ON -SALE ALCOHOL SALES TO A MARKET LOCATED AT 415 NEWPORT CENTER DRIVE (PA2012 -050). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Valerie Sacks of Liquor License Specialists on behalf of Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market with respect to property located at 415 Newport Center Drive, and legally described as Parcel 2 of Lot Line Adjustment No. LA2008 -004 requesting approval of a Minor Use Permit. 2. The applicant proposes to allow the establishment of a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license for use in two designated dining areas within the new Whole Foods Market. 3. The subject property is located within the Fashion Island subarea of the PC -56 (North Newport Center Planned Community) Zoning District and the General Plan Land Use Element category is CR (Regional Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 13, 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that adding alcohol to an allowed restaurant will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Zoning Administrator Resolution No. ZA2012 -022 Paqe 2 of 8 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 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of patrons eating in designated dining areas within the market. Operational conditions of approval recommended by the Police Department relative to the sale of alcohol will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. Due to the high concentration of commercial land uses, the calls for service and number of arrests are 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. 3. Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The proposed use is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal, the Police Department has reviewed the minor use permit application and has added conditions to ensure that the design and security of the restaurant areas within the market are properly addressed. 4. The provision of alcohol sales to the designated areas within the market will not substantially change the operational characteristics. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. 5. There are several restaurants in the Fashion Island sub -area, which provide alcohol service as an amenity to visitors. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found at a regional shopping center such as Fashion Island. 6. The market and included dining areas are permitted in the Fashion Island sub -area of the North Newport Center Planned Community. The on -site consumption of alcohol provides a public convenience by allowing the alcohol in addition to food items offered for sale. In accordance with Section 20.52.020.17 of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 3 of 8 Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The property is designated "Regional Commercial' (CR) by the Land Use Element of the General Plan. The retail market use is consistent with that designation and is integrated as part of a retail multi- tenant commercial center. 2. The market is within the limits of the cumulative floor area allocated for the Fashion Island portion of the North Newport Center Planned Community. 3. The sit -down food and alcohol components of the market are compatible with the land uses found in Fashion Island. 4. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The PC -56 (North Newport Center Planned Community, Fashion Island Sub -Area) zoning district allows restaurant uses by right and alcohol service upon the approval of a minor use permit by the Zoning Administrator. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day /evening destination with a wide variety of businesses that serve visitors, residents and employees of the area. The proposed alcohol service at the designated dining areas within the market is compatible with other uses within Fashion Island. 2. The proposed conditions of approval ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The service of alcohol will be restricted to the hours between 11:00 a.m. and 10:00 p.m., daily. 2. There are no residential properties in the immediate vicinity of the market. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 4 of 8 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcohol will ensure compatibility with the surrounding uses and minimize alcohol - related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a market with accessory dining and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 4. The market is required to comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the market. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The project site is located within an existing retail, market building. The dining areas within the market are designed and developed for food and beverage service and /or casual sit -down areas to consume food purchased at the market. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. 3. The tenant improvements 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 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, 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 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 nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the market. 2. The proposed alcohol service is provided as a public convenience to market patrons utilizing the designated dining areas within the market. The service of alcohol will Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 5 of 8 provide an economic opportunity to maintain a successful business at this location in a way which best serves the quality of life for the surrounding community. 3. As conditioned, the owners, managers and employees selling alcohol shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -006, 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 13th DAY OF JUNE, 2012. Wisneski; AIPP, Zoning Administrator Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plan 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 upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code, other applicable conditions and regulations governing alcohol service, or 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 as they relate to alcohol sales, unless determined to be in substantial conformance by the Community Development Director, shall require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2012 -006 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 the alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this minor use permit. 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 minor use permit. 8. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General for Bona Fide Eating Place) in conjunction with the market as the principal use of the facility. 9. The hours of operation for sales, service and consumption of alcohol are limited from 11:00 a.m. to 10:00 p.m., daily. Any increase in the hours of operation shall be subject Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 7 of 8 to the approval of an amendment to this minor use permit and may be subject to approval by the Zoning Administrator or Planning Commission. 10. The alcoholic beverage sales for the purpose of on -site consumptions shall be limited to the designated dining areas indicated on the floor plan submitted with the application. Any change in the operation of on -sale alcoholic beverage sales or increase in the dining area devoted to alcohol sales for customers shall be subject to the approval of an amendment to this minor use permit issued by the Zoning Administrator. 11. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. If the operator fails to discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke this minor use permit in accordance with Chapter 20.96 of the Zoning Code. 12. The area outside of the retail market shall be maintained in a clean and orderly manner. 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. The operator of the retail market use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 13. All trash shall be stored within dumpsters inside the mall buildings. 14. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Whole Foods Market Minor Use Permit including, but not limited to, Minor Use Permit No. UP2012 -006 (PA2012 -050). 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: 05/1612012 Zoning Administrator Resolution No. ZA2012 -022 Paqe 8 of 8 Police Department Conditions 15. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 17. The applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point" at all exits leading from the dining areas to the market area. 18. 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. 19. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary uses of the facility as a restaurant/retail market. 20. Dancing shall be prohibited, unless otherwise approved in conjunction with a Special Events Permit. 21. No games or contests requiring or involving the consumption beer and wine shall be permitted. 22. All owners, managers and employees selling alcohol beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol 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 retail market 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. 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 alcohol beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Tmplt: 05/1612012