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HomeMy WebLinkAboutZA2014-009 - SUITES # 11 & 12 - MINOR USE PERMIT TO EXPAND SEATING AND TYPE 47 INTO ADJACENT SUITE (12) FOR JULIETTE RESTAURANT. - 1000 Bristol St NRESOLUTION NO. ZA2014 -009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -029 (AMENDMENT NO. 2 TO USE PERMIT NO. UP1838) FOR AN EXPANSION OF A RESTAURANT FOR PROPERTY LOCATED AT 100 BRISTOL STREET NORTH, SUITES 11 AND 12 (PA2013 -248) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Hughes, Fountainhead Restaurant, Inc., dba Juliette Kitchen + Bar, with respect to property located at 1000 Bristol Street North, Suites 11 and 12, and legally described as Parcel 1 of Resubdivision 0541 requesting approval of a Minor Use Permit. 2. The applicant requests a Minor Use Permit (Amendment No. 2 to UP1838) for the expansion of an existing restaurant. The business currently operates a restaurant in Suite 11 and operates a retail store in the front portion of Suite 12 that includes wine sales. The expansion of the restaurant would increase the net public area (seating area) into Suite 12 by 180 square feet and it will accommodate approximately 12 additional seats. The rear of the suite would remain office and storage use for the restaurant. A small portion (approximately 15 percent) of the floor area within Suite 12 would be devoted to accessory retail sales including wine sales. The restaurant currently operates with a Type 47 ABC license and no late hours (after 11:00 p.m.) are proposed as part of this application. 3. The subject property is located within the Newport Place Planned Community (PC -11) Zoning District that designates the site for General Commercial use, and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 27, 2014, 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 pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). Zoning Administrator Resolution No. ZA2014 -009 Paqe 2 of 11 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. The proposed project is for a change of use for a tenant suite within an existing commercial building. 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 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: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The proposed establishment is located within Reporting District 34, wherein the crime rate is higher than adjacent Reporting Districts (RDs) and the City. The adjacent RDs (33 and 36) have a lower crime rate as they are primarily developed with residential uses and have fewer commercial uses that RD34. Due to the high concentration of commercial land uses in the Airport Area, the crime rate is greater than in the adjacent primarily residential RDs; however, the Police Department does not consider the number significant given the type of development is located within RD34. ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. In 2013, there were 64 calls for service at 1000 Bristol Street North, one of which was for drunk driving in progress. The crime statistics are summarized in the table below: Location Calls for Part I Part II DUI Public Intoxication Service Crimes Crimes Arrests Arrests 1000 Bristol Street N 64 1 4 0 0 RD34 3985 93 180 28 14 RD33 1722 56 124 15 1 RD36 2958 66 86 19 3 2. Due to the high concentration of commercial uses, the calls for service, crimes, and number of arrests are greater than in adjacent primarily residential Reporting Districts. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Paae 3 of 11 The Police Department does not believe the crime rate is a concern because of the lack of residential uses and concentration of restaurants and commercial uses within the Airport Area (RD34). 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 Plaza Newport Shopping Center does not abut sensitive land uses and is separated from other uses by parking lots, roadways, and other commercial uses. The Airport Area allows for some mixed -use nearby, although no residential units have been developed to date. The proposed use is not located in close proximity to any residential districts, day care centers, park and recreation facilities, places of religious assembly, or schools. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. The subject restaurant has the only active ABC licenses within the Newport Place Shopping Center (Type 47 — On -Sale General Eating Place and Type 58 — Caterer Permit). There are 32 active licenses within RD34. v. Whether or not the proposed amendment will resolve any current objectionable conditions. The existing restaurant does not have any current objectionable conditions. 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 restaurant. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, 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 proposed use is designated as CG (General Commercial) within the Land Use Element of the General Plan, which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. An eating and drinking establishment is a commercial use that serves local and regional needs and is consistent with the CG designation. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Page 4 of 11 2. The subject property is not located within 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 site is located in the PC -11 (Newport Place Planned Community) Zoning District within General Commercial Site 3. Pursuant the PC -11 Development Plan Part II (Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General Commercial), General Commercial sites allow for commercial uses such as retail, restaurant, hobby stores, professional service uses, and offices. Restaurants are an allowed use subject to approval of a Use Permit. Retail stores are an allowed use within this district. The proposed application does not present any conflicts with the purpose and intent of this district. 2. For most land uses, General Commercial Site 3 utilizes a blended parking requirement of one (1) space for every 250 square feet of net floor area. The parking requirement for restaurant uses is established by Use Permit. Suite 11 is required to provide 30 parking spaces pursuant to Use Permit No. UP1838 based on the interior net public area of 1,190 square feet. No parking was required for the 480 - square -foot outdoor dining area due to its small size. Suite 12 is currently required to provide five parking spaces for the 1,200- square -foot retail sales use. The proposed restaurant expansion would result in an additional 180 square feet of net public area within Suite 12. The parking requirement for the restaurant is one (1) space for every 40 square feet of net public area; therefore, the expansion of the restaurant would require five parking spaces and the conversion of the retail sales use for the proposed expansion would not increase the parking requirement. The rear half of Suite 12 is used for storage and office for the restaurant and as such, it does not require parking. Approximately 15 percent of the floor area within Suite 12 that would remain devoted to retail sales would not require additional parking as it is accessory to the primary restaurant use. 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. General commercial uses are allowed in the vicinity, including retail sales, personal service, restaurant, and office uses. The subject suite is located among other commercial uses within a shopping center near Jamboree Road and State Route 73. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Pape 5 of 11 2. Suite 12 is 1,200 square feet and is located within a multiple- tenant commercial building. The shopping center is located within a commercial area with mixed -use allowed in the Airport Area and the John Wayne Airport nearby. The shopping center fronts Bristol Street North. Other uses in the shopping center include restaurants, hair and nail salons, mail services, health /fitness facility, and retail uses. The project is compatible with existing and allowed uses within the shopping center. 3. The existing multiple- tenant commercial building is not changing as a result of this project. The existing building design, location, and size previously used for commercial uses have not proven detrimental to the nearby residential uses. The site is developed with adequate shared parking and trash storage facilities. 4. The operational characteristics of the proposed establishment would be that of a typical restaurant that would serve residents, visitors, and employees, with accessory retail wine sales. The proposed use would not increase the parking requirement, have late hours of operation, nor create any adverse noise impacts outside of the establishment. The abutting properties are commercial and the abutting streets. Therefore, the operating characteristics would be compatible with the allowed commercial uses in the vicinity. 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 shopping center property is approximately 3.91 acres, and is developed with four (4) multiple- tenant commercial buildings and a surface parking lot with 222 spaces. The existing building and parking lot have functioned satisfactorily with the current configuration. The lot fronts Bristol Street North and has two (2) vehicular access points into and out of the shopping center. 2. The site is developed with an existing multiple- tenant commercial building that is not physically changing as a result of this project. The design, location, shape, and size have been suitable for the commercial uses on site. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Paqe 6 of 11 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed use is similar to and compatible with other commercial uses in the vicinity, and complements the retail sales and service uses in the immediate area. The use will serve nearby residents, employees, and visitors to the area. 2. The proposed use will not have late hours of operation or create any adverse noise impacts outside the establishment as no changes to the outdoor patio are authorized. 3. The proposed use will not impact parking within the shopping center as no additional off - street parking is required. 4. The Police Department has reviewed the project and has no objection to the operation as described by the applicant. 5. Compliance with the Municipal Code is required and will further ensure that the proposed use will not be detrimental. Zoning Administrator Resolution No. ZA2014 -009 Paqe 7 of 11 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -029, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Staff Approval No. SA2012 -008 (PA2012 -033), which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF MARCH, 2014. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Paae 8 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. All conditions of approval of Use Permit No. UP1838 (Amended) shall remain in effect. 2. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed use 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 7. 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. 8. The interior net public area shall be limited to a maximum of 1,400 square feet. The net public area of the outdoor dining area shall be limited to 480 square feet. 9. The hours of operation shall be limited to between 8:00 a.m. and 11:00 p.m., daily. 10. A minimum of one parking space for each 40 square feet of net public area, excluding outdoor dining, shall be maintained in the shared parking lot. 11. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves an amended Use Permit. 12. Food service from the regular menu must be available to patrons up to 30 minutes before the scheduled closing time. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Paqe 9 of 11 13. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 14. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 15. 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. 16. 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. 17. 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. 18. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 19. There shall be no live entertainment allowed on the premises. 20. There shall be no dancing allowed on the premises. 21. Strict adherence to the maximum occupancy limits shall be required. 22. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 23. 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. 24. 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 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Page 10 of 11 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 Minor Use Permit. 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. 25. 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. 26. No outside paging system or loudspeaker shall be utilized in conjunction with this establishment. 27. 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. 28. 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. 29. 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. 30. 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). 31. Prior to issuance of a building permit for any future renovations to the project site, a new approved reduced pressure backflow assembly will be required to protect the existing domestic water service, unless otherwise approved by the Public Works Department. 32. All exterior signs shall be in accordance with the approved development standards allowed for signs in Newport Place. 33. 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 Minor Use Permit. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -009 Paae 11 of 11 34. 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. 35. 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. 36. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents 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 Juliette Restaurant Expansion including, but not limited to, the Minor Use Permit No. UP2013 -029. 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.