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HomeMy WebLinkAboutZA2013-061 - Approved MUP - UP2013-015 - 1367 Avocado AvenueRESOLUTION NO. ZA2013 -061 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -015 TO ADD ON -SALE BEER AND WINE TO AN EXISTING FOOD SERVICE USE LOCATED AT 1367 AVOCADO AVENUE (PA2013 -149) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NBAC Cafe, LLC, with respect to property located at 1367 Avocado Avenue and legally described as Parcel 5, as shown on a map filed in Book 25, Page 1 of Parcel Maps, in the Office of the County Recorder of Orange County, California requesting approval of a minor use permit. 2. The applicant proposes on -sale beer and wine sales in conjunction with an existing food service operation (Newport Beach Athletic Club Caf6). This request includes the establishment of a Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. 3. The subject property is located within the Office Regional Commercial (OR) Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO -R). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 10, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Structures) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the addition of beer and wine sales to an existing food service use. Therefore, the use qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2013 -061 Pace 2 of 9 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 such findings are set forth: Findinc: 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 Findinc: In finding that the proposed use is consistent with Section 20.48.030 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. i -1. The subject property is located in Reporting District 39 (RD 39). 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 39 is higher than in the adjacent reporting districts (RD 43, 44, and 47) and City overall. Although the crime rate is higher than the City average, the Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the alcoholic beverage license type proposed. ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. ii -1. The total number of alcohol - related calls for service, crimes, or arrests in RD 39 is higher than in the adjacent reporting districts (RD 43, 44, 47) but less than the City overall. The Police Department has reviewed the proposal and has no objection. 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. iii -1. The General Plan designates the site as Regional Commercial Office. Surrounding properties to the north, east, and west are currently developed with commercial buildings. The nearest recreational facility, Civic Center Park, is located approximately 100 feet to the east of the subject property. The property site is located approximately 1,200 feet from the Newport Beach Public Library and is not near a school, church, or similar use. The existing food service use has operated within the Newport Beach Athletic Club since 1971, and the proposed addition of an ABC license is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. Zoning Administrator Resolution No. ZA2013 -061 Paqe 3 of 9 iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. iv -1. Muldoon's Irish Pub and Restaurant located approximately 830 feet to the northwest is the only other establishment selling alcoholic beverages within proximity of the subject site. The restaurant operates with a Type 47 (On -Sale General — Eating Place) and Type 68 (Portable Bar) license. There is however no evidence suggesting this use has been detrimental to the neighborhood. V. Whether or not the proposed amendment will resolve any current objectionable conditions. v -1. The property has been used as a health club and a food service use. v -2. 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 customers dining at the food service use. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. v -3. The existing hours of operation of the health club will minimize the potential effects on land use. The health club closes by 9:00 p.m., daily, which will ensure the food service use does not become a late night bar, tavern, or nightclub. v -4. The site is located within an area developed with commercial properties. It is anticipated that the food service use will serve members of the health club and patrons working nearby, as well as visitors to the Civic Center area. Adding alcohol service to the menu will complement the food service and provide a convenience to existing customers. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan: Facts in Support of Finding: B -1. The General Plan designates the site as Regional Commercial Office (CO -R) which is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses. Zoning Administrator Resolution No. ZA2013 -061 Paqe 4 of 9 B -2. The health club and food service use have provided a service to surrounding commercial buildings since 1971 and is therefore consistent with the CO -R land use designation. B -3. 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: C -1. The site is located in the Office Regional Commercial (OR) Zoning District which is intended to provide for areas appropriate for corporate offices, administrative and professional offices that serve local and regional markets, with limited accessory financial, retail, service, and entertainment uses. The addition of on -sale beer and wine sales to the existing food service use is allowed subject to the approval of a minor use permit. C -2. The Newport Beach Athletic Club operates pursuant to Variance No. 982 which permitted the operation of the health club facility and related lounge (food service use), as well as a reduction in the required number of spaces from 69 to 52 spaces within the common area parking lot. Further, after 5:00 p.m. on weekdays, and all day on weekends, additional parking is available within the parking lot when the surrounding office development is closed. C -3. The principal use of the facility will remain a health club and the on -sale beer and wine sales will not intensify the existing food service use. Further, there will be no change in floor area or net public area necessitating additional parking. C -4. The proposed conditions of approval ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 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: D -1. The health club and food service use have operated at the subject location since 1971 and the use has not proven detrimental to the area. Zoning Administrator Resolution No. ZA2013 -061 Paqe 5 of 9 D -2. The principal use of the facility will remain a health club and the on -sale beer and wine component as part of the food service use will not change the design, size, or operating characteristics of the facility. D -3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the food service use 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. 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: E -1. The health club and food service use have operated at this location since 1971 and the site has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the use. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided for on site. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. F -2. The food service use will continue to serve health club members, the surrounding commercial buildings, and provide dining services as a public convenience to the surrounding neighborhood. The service of alcohol will complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business in a way which best serves the community. Zoning Administrator Resolution No. ZA2013 -061 Paqe 6 of 9 F -3. There are no residential uses adjacent to the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit UP2013 -015, 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 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER, 2013. Zoning Administrator Resolution No. ZA2013 -061 Paqe 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 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. 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, proposal of late hours (after 11:00 p.m.), expansion in floor area, or other modification to the approved plans as they relate to beer and wine sales, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. 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. 7. Alcohol service shall be limited to a Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic Beverage Control License. 8. This approval does not permit the food service use to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 6. 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. 7. Alcohol service shall be limited to a Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic Beverage Control License. 8. This approval does not permit the food service use to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. Zoning Administrator Resolution No. ZA2013 -061 Paqe 8 of 9 9. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 10. Food from the full service menu must be made available during any "happy hour' type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 11. 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. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 13. There shall be no 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. 14. There shall be no live entertainment allowed on the premises. 15. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 16. Food service from the regular menu must be available to patrons up to 30 minutes before the scheduled closing time. 17. Strict adherence to maximum occupancy limits is required. 18. 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 following the adoption of this resolution. 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. 19. A special event permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that Zoning Administrator Resolution No. ZA2013 -061 Paqe 9 of 9 include any form or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 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. 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 10:00 p.m. and 8:00 a.m., daily, 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 the NBAC Cafe MUP including, but not limited to, the UP2013 -015 (PA2013 -149). 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.