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HomeMy WebLinkAbout3.0 - Sancho's Tacos Minor Use Permit - PA2014-058 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 11, 2014 Meeting Agenda Item 3 SUBJECT: Sancho's Tacos Minor Use Permit Appeal- (PA2014-058) 3014 Balboa Boulevard Minor Use Permit No. UP2014-013 APPLICANT: Donnie Lancaster PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY An appeal by Councilmember Mike Henn of the Zoning Administrator's February 13, 2014, decision to approve Minor Use Permit No. UP2014-013. The Minor Use Permit would allow the addition of a Type 41 (On-Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. RECOMMENDATION Continue this item to the August 21, 2014 meeting. DISCUSSION The applicant has requested a continuance due to a scheduling conflict. Public Notice This agenda item was noticed in accordance with the Brown Act and Municipal Code. Should this item be continued to the August 21, 2014 meeting, additional notice will not be required. Prepared and Submitted by: Gregg R r irez Senior Planner ATTACHMENT: PC 1 Applicant's Request for a Continuance From: Donnie [mailto:ogtacosl3@gmail.com] Sent: Thursday, August 07, 2014 3:49 PM To: Ramirez, Gregg Subject: Re: Continuance request To whom this may concern. Due to unforeseen circumstances my wife and I request a continuance to the 21 st of August. Please let me know if this works, thank you very much. Donnie and Erika Lancaster CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 11, 2014 Agenda Item No. 3 SUBJECT: Sancho's Tacos Minor Use Permit Appeal- (PA2014-058) 3014 Balboa Boulevard Minor Use Permit No. UP2014-013 APPLICANT: Donnie Lancaster PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY An appeal by Councilmember Mike Henn of the Zoning Administrator's February 13, 2014, decision to approve Minor Use Permit No. UP2014-013. The Minor Use Permit would allow the addition of a Type 41 (On-Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. The restaurant operates under an existing Specialty Food Permit which allows a maximum 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. There are no changes proposed to the hours of operation or the maximum number of seats. RECOMMENDATION Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by: 1. Adopting the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013-023 (Attachment No. PC 1); or 2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision (Attachment No. PC 2). Sancho's Tacos Minor Use Permit Appeal August 11, 2014 Page 2 VICINITY MAP 0 J �J Sancho's Tacos + S� ,tip ��°• � r N ; o ti GENERAL PLAN ZONING OF A AAA . _r$ de, L77 L LOCATION GENERAL PLAN ZONINGCURRENT USE Neighborhood Commercial ON-SITE Commercial (CN)0.3 Neighborhood (CN)j Sancho's Tacos FAR FAR NORTH CN CN The Landing Shopping Center SOUTH CN CN The Landing Shopping Center EAST RT R-2 Existing Residential WEST RT R-2 Residential Across Balboa Blvd. Sancho's Tacos Minor Use Permit Appeal August 11, 2014 Page 3 INTRODUCTION Project Setting The subject establishment is an existing restaurant, adjacent to The Landing Shopping Center located near the intersection of Balboa Boulevard and 32nd Street. Other uses within the center include retail sales, restaurants, and a grocery store. There is an existing dwelling to the east of the establishment on Balboa Boulevard. The building was previously occupied by Gallo's sandwich shop. The gross floor area of the restaurant is approximately 710 square feet with an interior net public area of approximately 620 square feet. There is also a 50-square-foot deck facing Balboa Boulevard and a 96-square-foot patio adjacent the shopping center parking lot. The 20 maximum seats allowed includes the outdoor seating areas. Project implementation includes providing a barrier for the 96-square-foot outdoor seating area on the westerly side of the establishment to meet Alcohol Beverage Control License requirements. If approved, the Minor Use Permit would supersede Specialty Food Permit No. 46. Background Zoning Administrator Hearing and Decision On February 13, 2014, the Zoning Administrator conducted a public hearing and reviewed the applicant's request. Two members of the public spoke in opposition to the project. Both expressed concerns about the over-concentration of alcohol licenses and the high crime statistics noted in the Police Department memo. The Zoning Administrator closed the public hearing and explained that these requests are taken very seriously and the crime and statistics are reviewed very carefully. She further explained that each application is reviewed on case by case basis. The Zoning Administrator indicated that the design, operational characteristics, and mandated 9:00 p.m. closing hour does not promote a bar-like atmosphere. With the inclusion of additional conditions related to the number of seats allowed outside and limiting the amplified music to the interior only, the Zoning Administrator approved the application. Refer to the Zoning Administrators resolution for approval and meeting minutes for additional details. (Attachment No. PC 3) Appeal of the Zoning Administrator Decision On June 25, 2014, City Councilmember Mike Henn filed an appeal of the Zoning Administrator's decision (Attachment No. PC 4). The appellant believes that sufficient consideration was not given to the following issues: Sancho's Tacos Minor Use Permit Appeal August 11, 2014 Page 4 • Limited on-site parking • Adjacency of residential properties • High concentration of establishments with on-site alcohol sales in the area • High crime statistics in Police Reporting District 15 The following is provided as background pertaining to the issues raised by the appellant. Parking Specialty Food Service Permit No. 46, which this establishment and the previous tenant operates under, required one parking space for each 250 square feet of gross floor area of outdoor patio area. The two outdoor patio areas are a combined 146 square feet which result in one required parking space where two are provided. The record does not indicate that required parking for the interior of the restarant was waived therefore, staff believes that no parking was required at the time of the approval of the specialty food permit other than the required spaces for the outdoor patio area. The Zoning Code (Section 20.38.060.6) requires that additional parking be provided when there is an expansion or intensification (e.g., increase in floor area or lot area) of use. In this case, the establishment is currently operating pursuant to the seating restrictions of Specialty Food Service Permit No. 46 (as did the previous tenant, Gallo's) and no increase of floor area or seating is requested. The addition of menu items is not considered an intensification of use. Therefore, additional parking is not required. Adjacency of Residential Properties The subject property abuts a residential property to the east and the Landing Shopping Center on two sides. The building is separated from the home by the access driveway. Additional residences are located across Balboa Boulevard. High Concentration of ABC licenses and Crime Rate The business is located to Police Reporting District 15 (RD 15). In addition to R-1 and R-2 properties south of 37th Street, RD 15 is characterized by a high number of resident, visitor and tourist serving business and includes Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and the McFadden Square area around the Newport Pier. The amount of commercially zoned property and the nature of the uses combined with a lower number of residents than many RD's with high number of restaurant and service uses, contribute to what is considered a high concentration of ABC licenses when compared to the City and County averages of licenses per capita. Sancho's Tacos Minor Use Permit Appeal August 11, 2014 Page 5 The Crime Rate of RD 15 is also much higher that the City average. In addition to the commercial areas mentioned above, RD 15 includes approximately three-quarters of a mile of public beach that extends form 27th Street south to the Newport Pier. The combination of the visitor serving commercial uses and daily beach population, especially during the summer months, contribute to the high crime rate. The police department memo discussing the concentration of ABC licenses and crime statistics are included as Attachment No. PC 5. Appeal Hearing Pursuant to Section 20.64.030 of the Zoning Code, a public hearing on an appeal is conducted "de novo", meaning that it is a new hearing and the prior decision to approve the application by the Zoning Administrator has no force or effect. The Planning Commission is also not bound by the Zoning Administrator's decision, and it is not limited to the issues raised on appeal. On review, the Planning Commission may sustain or reverse the decision. The Planning Commission's decision is appealable to the City Council. The Planning Commission may also remand the matter to the Zoning Administrator for further consideration, which remand shall include either specific issues to be considered or a direction for a new hearing. The staff report from the February 13, 2014, Zoning Administrator hearing is provided in Attachment No. PC 6 and includes a discussion and analysis of the proposed project. Additional public correspondence provided prior to and at the Zoning Administrator meeting is provided in Attachment No. PC 7. Additionally, six letters in opposition was since the ZA hearing. Those letters are provided in Attachment No. PC 8. Environmental Review The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sancho's Tacos is an existing restaurant. The proposed project involves the addition of an ABC License to sell and serve alcohol Should the Planning Commission deny the request, the project would be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines. Section 15270 states projects which a public agency rejects or disapproves are not subject to CEQA review. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Sancho's Tacos Minor Use Permit Appeal August 11, 2014 Page 6 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared and Submitted by: i Gregg RdrV6rez Senior Planner ATTACHMENTS PC 1 Draft Resolution for Upholding the ZA Action and Approving the Project PC 2 Draft Resolution for Denial and Reversal of ZA Action PC 3 Zoning Administrator Resolution No. ZA2014-020 and Minutes PC 4 Appeal Application PC 5 Police Department Memo and Crime Statistics PC 6 February 13, 2014, Zoning Administrator Staff Report (Includes Project Plans) PC 7 ZA Correspondence PC 8 PC Correspondence Attachment No. PC 1 Draft Resolution for Upholding the ZA Action and Approving the Project RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH UPHOLDING THE ZONING ADMINISTRATOR'S DECISION APPROVING MINOR USE PERMIT NO. UP2014-013 TO ADD ALCOHOL SALES TO AN EXISTING RESTAURANT ESTABLISHMENT LOCATED AT 3014 BALBOA BOULEVARD (PA2014-058) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donnie Lancaster, with respect to property located at 3104 Balboa Boulevard, and legally described Lake Tract, Lot 1, Block 130 Including a Portion of Section 28, Township 6, Range 10 Between the same & Railroad right-of- way except Easterly 10 ft & Southerly 25 ft, requesting approval of a minor use permit. 2. The applicant proposes to add a Type 41 (On-sale Beer and Wine) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial - (0.0 - 0.30 FAR). 5. A public hearing was held on August 11, 2014, in the Council Chambers 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 Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sancho's Tacos is an existing food establishment. The proposed project involves the addition of an ABC License to sell and serve beer and wine. Planning Commission Resolution No. #### Page 2 of 10 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: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The crime rate in the subject reporting district (RD 15) as well as two of the three adjacent RDs (Reporting Districts) are over the City average. However, RD 15 contains the large commercial shopping center known as The Landing at 32nd Street and Balboa Boulevard and includes much of Via Lido and Balboa Boulevard. The intent of the zoning designations in this beach area, as well as the two adjacent RDs, is to provide various commercial and retail uses to support the surrounding residential area and the surrounding visitor-serving and tourist destinations. These beach areas have a higher concentration of commercial land uses and therefore tend to have a higher crime rate than other areas in the City. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests in RD 15 and the adjacent RDs are greater than other areas in the City. Additionally, the area is considered one of the most significant tourist areas of the City, which results in higher numbers of alcohol-related calls for service, crimes and arrests. 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 also abuts a large commercial shopping center developed as a commercial s-7-2014 Planning Commission Resolution No. #### Page 3 of 10 and retail area for the tourist area and surrounding residents. The nearest residential uses are located directly east of the subject property. An outdoor deck faces Balboa Boulevard and an outdoor patio is on the westerly side of the property abutting the shopping center. There are no parks nearby, however, the beach is approximately 480 feet southwest. There are no other sensitive land uses located within close proximity of the subject building. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Several other establishments along 32nd Street, Balboa Boulevard and Via Lido currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. The establishments within the immediate vicinity include Gina's Pizza, The Crow Bar, Chipotle, Malarky's and Rudy's. 2. Due to the type and operation of the restaurant, which is conditioned to close at 9:00 p.m. and operating with only 20 seats, and conditions of approval that are in place to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments selling alcohol does not appear to raise foreseeable concern. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The subject building has historically been occupied by a small restaurant with the same number of seats and hours of operation. There is no evidence that suggests this type of use has created objectionable conditions. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan designates this site Neighborhood Commercial (CN) which is to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed addition of alcohol sales and service to the existing restaurant use is consistent with the CN designation as it is intended to provide a service not only to s-7-2014 Planning Commission Resolution No. Ott Page 4 of 10 visitors, but also to residents within the immediate neighborhood and surrounding area. 3. Eating and drinking establishments are common along Balboa Boulevard and Newport Boulevard and are complementary to the surrounding commercial and residential uses. 4. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements, Table 2-5) of the Zoning Code, eating and drinking establishments located in the CN Zoning District with no late hours and alcohol service, are allowed with the approval of a minor use permit. 2. The existing parking and hours of operation will remain in place and are consistent with the existing Specialty Food Permit that the restaurant currently operates under. 3. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The commercial area was designed to be occupied by a mix of restaurants, retail and service uses. The existing Sancho's Tacos restaurant complements the existing uses and is a typical and expected type of use in similar commercial districts. 2. The operation of the restaurant will continue to be restricted to the hours between 6:00 a.m. and 9:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The surrounding area contains various, retail, business office and visitor serving commercial uses including restaurants and take-out eating establishments. The s-7-2014 Planning Commission Resolution No. #### Page 5 of 10 proposed establishment is compatible with the existing and permitted uses within the area. 4. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. 5. The establishment is required to comply with the City's noise ordinances and no outside paging system or outside amplified music is allowed. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The restaurant is currently in operation and the tenant space has been reviewed and permitted. 2. Original site plan approvals for the tenant space included a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans were reviewed for compliance with applicable building and fire codes. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed to ensure that the recommended conditions of approval ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community. designed for such uses. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the s-7-2014 Planning Commission Resolution No. #### Page 6 of 10 service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. All owners, managers, and employees selling or serving alcohol will be required to complete a Responsible Beverage Service Certification Program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-013, 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 3. This resolution supersedes Specialty Food Permit No. 46, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF AUGUST, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary s-7-2014 Planning Commission Resolution No. #### Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 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 Minor Use Permit may be modified or revoked by the Planning Commission 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval and may necessitate an amendment to this Minor Use Permit or the processing of a new use permit. 6. The hours of operation for the establishment shall be between 6:00 a.m. and 9:00 p.m., daily including the outdoor patio areas. 7. Seating for no more than 20 patrons shall be permitted. Of the 20 seats, eight may be located within the designated outdoor seating areas. 8. The boundary of the outdoor seating areas shall be marked through the use of a minimum 36-inch-high rail. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 9. A minimum of two parking spaces shall be provided on-site and shall remain clear of obstructions at all times. 10. 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. 11. No outside paging system and no outside amplified music shall be utilized in conjunction with this establishment. s-7-2014 Planning Commission Resolution No. #### Page 8 of 10 12. 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. 13. 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. 14. 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. 15. 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 (Water and Sewers), including all future amendments (including Water Quality related requirements). 16. 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 Minor Use Permit. 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26, 10.28 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 TOOAM Between the hours of and 10:OOPM 10:OOPM and TOOAM 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 N/A 65dBA N/A 60dBA 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- 8-7-2014 Planning Commission Resolution No. #### Page 9 of 10 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. This approval shall expire and become void unless exercised within 24 months from the actual date of review and 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. 21. 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 Sancho's Tacos Minor Use Permit including, but not limited to, UP2014-013 (PA2014-058). 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 22. Provide ADA access from the accessible parking area to the side patio seating. POLICE DEPARTMENT 23. The approval of Minor Use Permit No. UP2014-013 does not permit Sancho's Tacos 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. 24. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 26. 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. 27. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. s-7-2014 Planning Commission Resolution No. #### Page 10 of 10 28. 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. 29. 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. 30. 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. 31. There shall be no live entertainment allowed on the premises. 32. There shall be no dancing allowed on the premises. 33. Strict adherence to maximum occupancy limits is required. 8-7-2014 Attachment No. PC 2 Draft Resolution for Denial and Reversal of ZA Action RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH TO REVERSE THE ZONING ADMINISTRATOR'S DECISION DENYING MINOR USE PERMIT NO. UP2014-013 TO ADD ALCOHOL SALES TO AN EXISTING RESTAURANT ESTABLISHMENT LOCATED AT 3014 BALBOA BOULEVARD (PA2014-058) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donnie Lancaster, with respect to property located at 3104 Balboa Boulevard, and legally described Lake Tract, Lot 1, Block 130 Including a Portion of Section 28, Township 6, Range 10 Between the same & Railroad right-of- way except Easterly 10 ft & Southerly 25 ft, requesting approval of a minor use permit. 2. The applicant proposes to add a Type 41 (On-sale Beer and wine) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial - (0.0 - 0.30 FAR). 5. A public hearing was held on August 11, 2014, in the Council Chambers 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the required findings set forth in Section 20.48.030 (Alcohol Sales) and Section 20.52.020.F (Use Permit, Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: Planning Commission Resolution No. #### Page 2 of 2 1. The Planning Commission determined, in this case, that the proposed Minor Use Permit for the addition of a Type 40 (On Sale Beer) alcohol license to an existing eating and drinking establishment is not consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. The subject property is located within Police Reporting District 15, which is the most concentrated area for retail alcohol establishments in the City and where the number of crimes is at least 399 percent higher than the average of all Reporting Districts in the City. The applicant's request is anticipated to have an impact on police related activities and calls for service. 3. The design, location, size, and characteristics of the proposed project are not compatible with the residential and commercial uses in the vicinity. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2014-013. 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF AUGUST, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary s-7-2014 Attachment No. PC 3 Zoning Administrator Resolution No. ZA2014-020 and Minutes RESOLUTION NO. ZA2014-020 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-013 TO ADD ALCOHOL SALES TO AN EXISTING RESTAURANT ESTABLISHMENT LOCATED AT 3014 BALBOA BOULEVARD (PA2014-058) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donnie Lancaster, with respect to property located at 3104 Balboa Boulevard, and legally described Lake Tract, Lot 1, Block 130 Including a Portion of Section 28, Township 6, Range 10 Between the same & Railroad right-of- way except Easterly 10 ft & Southerly 25 ft, requesting approval of a minor use permit. 2. The applicant proposes to add a Type 41 (On-sale Beer and wine) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial - (0.0 - 0.30 FAR). 5. A public hearing was held on June 12, 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 Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sancho's Tacos is an existing food establishment. The proposed project involves the addition of an ABC License to sell and serve alcohol. Zoning Administrator Resolution No. ZA2014-020 Page 2 of 10 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: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The crime rate in the subject reporting district (RD 15) as well as two of the three adjacent RDs (Reporting Districts) are over the City average. RD 15 contains the large commercial shopping center known as The Landing at 32nd Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The purpose of the Zoning of these beach areas is to provide various commercial and retail uses to support the surrounding residential area as well as the surrounding tourist destinations. Therefore, these beach areas with a higher concentration of commercial land uses tend to have a higher crime rate than adjacent RDs. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent RDs. Additionally, this is the beach area that is considered one of the most significant tourist areas of the City. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the commercial building is directly adjacent to a residential district, the building is located abutting a commercial shopping center developed as a commercial and retail area for the tourist area and surrounding residents. The nearest residential uses are located directly east of the subject property. The outdoor deck is facing Balboa Boulevard and the outdoor patio is on the westerly 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 3 of 10 side of the property abutting the shopping center. There are no parks nearby, however, the beach is approximately 480 feet west. Other sensitive land uses above are not located within close proximity of the subject building. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Several other establishments along 32nd Street, Balboa Boulevard and Via Lido currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. The establishments within the immediate vicinity include Gina's Pizza, The Crow Bar, Chipotle, and Rudy's. 2. Due to the type and operation of the restaurant which is conditioned to close at 9:00 p.m. with only 20 seats and that appropriate conditions are in place to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments does not appear to create foreseeable concern. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The subject building has historically been occupied by a small restaurant with the same number of seats and hours of operation. There is no evidence that suggests this type of use has created objectionable conditions. Minor Use Permit In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan designates this site Neighborhood Commercial (CN) which is to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed addition of alcohol sales and service to the existing restaurant use is consistent with the CN designation as it is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 4 of 10 3. Eating and drinking establishments are common along Balboa Boulevard and Newport Boulevard and are complementary to the surrounding commercial and residential uses. 4. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements, Table 2-5) of the Zoning Code, eating and drinking establishments located in the CN Zoning District with no late hours and alcohol service, require the approval of a minor use permit. The property is located immediately west of a residential zoning district. 2. The existing parking and hours of operation will remain which are consistent with the existing Specialty Food Permit that the restaurant operates under. 3. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The commercial area was designed to be occupied by a mix of restaurants, retail and service uses. The existing Sancho's Tacos restaurant complements the existing uses and is a typical and expected type of use in similar commercial centers. 2. The operation of the restaurant will continue to be restricted to the hours between 6:00 a.m. and 9:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The surrounding area contains various, retail, business office and visitor serving commercial uses including restaurants and take-out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the area. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 5 of 10 4. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The restaurant is currently in operation and the tenant space have been reviewed and permitted. 2. Original site plan approvals for the tenant space included a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans were reviewed for compliance with applicable building and fire codes. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community in a commercial center designed for such uses. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. All owners, managers, and employees selling or serving alcohol will be required to complete a Responsible Beverage Service Certification Program. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-013, 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. 3. This resolution supersedes Specialty Food Permit No. 46, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF JUNE, 2014. #'6 redisneski, AI P, Zoning Administrator 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 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 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval and may necessitate an amendment to this Minor Use Permit or the processing of a new use permit. 6. The hours of operation for the establishment shall be between 6:00 a.m. and 9:00 p.m., daily including the outdoor patio areas. 7. Seating for no more than 20 patrons shall be permitted. Of the 20 seats, eight may be located within the designated outdoor seating areas. 8. The boundary of the outdoor seating areas shall be marked through the use of a minimum 36-inch-high rail. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 9. A minimum of two parking spaces shall be provided on-site and shall remain clear of obstructions at all times. 10. 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. 11. No outside paging system and no outside amplified music shall be utilized in conjunction with this establishment. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 8 of 10 12. 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. 13. 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. 14. 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. 15. 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 (Water and Sewers), including all future amendments (including Water Quality related requirements). 16. 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 Minor Use Permit. 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26, 10.28 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 TOOAM Between the hours of and 10:OOPM 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 9 of 10 20. This approval shall expire and become void unless exercised within 24 months from the actual date of review and 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. 21. 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 Sancho's Tacos Minor Use Permit including, but not limited to, UP2014-013 (PA2014-058). 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 22. Provide ADA access from the accessible parking area to the side patio seating. POLICE DEPARTMENT 23. The approval of Minor Use Permit No. UP2014-013 does not permit Sancho's Tacos 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. 24. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 26. 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. 27. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 28. 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. 10-15-2013 Zoning Administrator Resolution No. ZA2014-020 Page 10 of 10 29. 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. 30. 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. 31. There shall be no live entertainment allowed on the premises. 32. There shall be no dancing allowed on the premises. 33. Strict adherence to maximum occupancy limits is required. 10-15-2013 PORT BEACH ZONING ADMINISTRATOR MINUTES 06/12/2014 Zoning Administrator Wisneski the To parking for the take-out service, limited use is one parking space per 250 square feet an fore is n i ered an intensification. Zoning Administrator Wisneski ap r is item with no chan the Conditions of Approval. A ' . Approved ITEM NO.4 Sancho's Tacos Minor Use Permit No. UP2014-013 (PA2014-058) 3014 Balboa Boulevard CD 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was to add a Type 41 Alcohol Beverage Control (ABC) License to an existing taco restaurant. She explained that the restaurant operates under an existing Specialty Food Permit that allows a maximum of 20 seats, including outdoor seating and hours of operation from 6:00 a.m. to 9:00 p.m. and that these conditions are not proposed to change. Mrs.Whelan continued stating that the only physical change to the property would be to secure the outdoor seating area to meet ABC requirements. Mrs. Whelan explained that the Police Department reviewed the application and did not have any objections to the request and has provided standard conditions of approval which are found in the draft resolution.Additionally, she stated that conditions of approval have been incorporated to address noise and trash, updating the enforcement capability of the existing permit. Mrs. Whelan concluded that the applicant was available to provide information and answer questions. Applicant Donnie Lancaster of Sancho's Tacos stated that he had reviewed the draft resolution and the required conditions. He provided a brief overview of his operation in Newport Beach and in Huntington Beach. He confirmed that he is not requesting any changes to the operation other than adding an ABC license. He explained that he has different menus for different locations based on the needs of the area and the request is to simply provide a beer with a taw. He does not want people to hang out as the location is too small. He just wants the option of having a small cooler with beer. There is no room for taps or a bar-type setting. Furthermore,they have 5 stars on Yelp for both locations. The Zoning Administrator opened the public hearing. One member of the public, Brian Park, spoke and stated that he is concerned about the Police Department statistics for the area regarding alcohol licenses and expressed opposition to the request. One member of the public, Drew Wetherholt, spoke in opposition to the request, expressing concern about over-concentration of alcohol licenses and the Police Department statistics. One member of the public, Jim Mosher, commented on the Police Department statistics and recommended that the Zoning Administrator include all of the recommended conditions of approval from the Police Department as Nos.4 and 11 were not included in the draft resolution. There were no other public comments and the public hearing was closed. Zoning Administrator Wisneski addressed concerns from the public. She discussed the Police Department statistics and described them as the reason why the application is taken very seriously and why it is required to go through a process that ensures that conditions are in place to address concerns. Zoning Administrator Wisneski also explained that applications are reviewed case-by-case without discrimination against new applicants. She continued that the size, floor plan and operation of the small establishment does not promote a bar-type atmosphere. She made the following changes to the Resolution: addition to Condition No. 7 restricting the maximum number of outdoor seats to 8, addition to Condition No. 11 to state that amplified music shall not be allowed in the outdoor areas, and addition of Conditions No. 4 and No. 11 from the Police Department Report to the Resolution. Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/12/2014 Zoning Administrator Wisneski then approved the application with the aforementioned changes to the Resolution. n: Approved D. PUB L OMMENTS ON NON-AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 4:12 p.m. The agenda for oning Administrator Hearing was posted on June 6, 2014, 1:03 a.m. in the Chambe nder and on the digital display board located inside the vestibule of the cil C ers at 100 Civic Center Drive and on the City's website on June 6, 2014, at 11:15 a.m. re n Wisneski, AI P, Zoning Administrator Page 4 of 4 Attachment No. PC 4 Appeal Application >✓w p0k,, Appeal Application For Office Use Only 1 'en Date Appeal Filed: F y Community Development Department x�- s Planning Division Fee Received: +*. 100 Civic Center Drive/P.O. Box 1768 Newport Beach, CA 92658-8915 Received by: (949)644-3204 Telephone/(949)644-3229 Facsimile www.newportbeachca.aov Application to appeal the decision of the: EX Zoning Administrator ❑ Planning Director ❑ Hearing Officer ❑ Flood Plain Administrator ❑ Other Appellant Information: Name(s): Mike Henn Address: 100 Civic Center City/State/Zip: Newport Beach Phone: Fax: Email: mhenn@newportbeachca.gov Appealing Application Regarding: Name of Applicant: Sanchos Tacos Date of Decision: June 12, 2104 Project No. (PA): PA2014-058 Activity No.: UP2014-013 Site Address: 3014 Balboa Blvd. Description: Minor Use Permit to allow the sale of beer and wine at an existing restaurant . Reason(s) for Appeal (attach a separate sheet if necessary): I am concerned that sufficient consideration was not given to the issues of severely limited parking, the immediate adjacency of a residential property and residential properties across the street, the obejctions of the adjacent neighbor to the application, the already-existing high uullu�litrcrt:tun of - ting high concentration of crime statistics in this reporting zone as noted in the Along with application, please submit the following: Police report. • Twelve (12) 1 1x1 7 sets of the project plans • One set of mailing labels (on Avery 5960 labels) for all property owners within a 300-foot radius, excluding intervening right-of ays and w terways, of the subject site. Signature of Appellant: Date: F'.\Users\CDD\SharedWdmin\Planning_Division\P.pplic tionsWppeai\Applic tion.d= Updated 03/11/13 Attachment No. PC 5 Police Department Memo and Crime Statistics City of Newport Beach Police Department Memorandum May 22, 2014 TO: Melinda Whelan, Assistant Planner FROM: Detective John Thulin SUBJECT: Sanchos Tacos, 3014 West Balboa Boulevard, Newport Beach Use Permit No. UP2014-013. At your request, the Police Department has reviewed the project application for Sanchos Tacos, located at 3014 West Balboa Boulevard, Newport Beach. Per the project description, the applicant is requesting a minor use permit to add a Type 41 Alcohol Beverage License to an existing taco restaurant. The restaurant operates under an existing Specialty Food Permit which allows a maximum 20 seats including outdoor seating and hours of operation from 6:00 a.m. to 9:00 p.m., daily. There are no proposed changes to the number of seats or the hours. The only construction would be a 40-inch high gate to separate the side patio from the front entrance stairs and ramp. The applicant will apply for a Type 41 (On Sale Beer & Wine — Eating Place) license with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is within an area where the number of crimes is at least 399% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Sanchos Tacos UP2014-013 Applicant History Sanchos Tacos is a new applicant to Newport Beach but has one other restaurant operating in Huntington Beach. Sanchos Tacos offers Mexican style food for breakfast, lunch and dinner. Sanchos Tacos has quickly developed an excellent reputation for outstanding food at affordable prices. Recommendations The Police Department has no objections to this operation as proposed by the applicant. We believe that the recommended conditions will be sufficient to mitigate the issuance of an additional beer and wine license in this area. The Police Department does, however, have some concerns with regard to the side patio and its proximity to the nearby residents. We would be in favor of any noise mitigating measures recommended by the Planning Department. Signs and Displays Any signs or displays would need to conform to City requirements. 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. Hours of Operation The proposed hours of operation would be 6:00 am to 9:00 pm daily. j Security A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 2 Sanchos Tacos UP2014-013 Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. 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 include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit Sanchos Tacos 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. 2. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. 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. 5. 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. 6. 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. 3 Sanchos Tacos UP2014-013 7. 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. 8. There shall be no live entertainment allowed on the premises. 9. There shall be no dancing allowed on the premises. 10.Strict adherence to maximum occupancy limits is required. 11.No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. If you have any questions, please contact me at (949) 644-3709. John Thulin, ABCNice/Intelligence Dale Johnson, Captain Detective Division Detective Division Commander 4 NEWPORT BEACH POLICE DEPARTMENT "eWPa`r a a r- Cri n,e,Amcay�Unit � m Chief lay R.Johnson 870 Santa Barbara Drive• Newport Beach • CA 92660. 949.6448791 a.�`' 2013 CRIME AND ALCOHOL-RELATED STATISTICS Subject: i - Public Alcohol Active License Per 3014 W Balboa ��a I's '0' Crimes Arrests Citations ABC Info ervice Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Intoxication Liquor Law Related Licenses Capita Blvd 5 0 0 not applicable 0 0 0 0 0 0 not applicable Subject RD: 8,436 235 514 7,446.13 588 53 253 4 261 74 43 RD15 Adjacent RD: 4,336 95 213 2,165.00 197 15 79 2 180 9 488 RD16 Adjacent RD: 4,233 77 154 4,400.00 102 8 24 1 118 4 438 RD13 Adjacent RD: 966 22 16 1,353.01 9 1 4 0 0 0 RD14 Newport Beach 92,431 2,305 3,404 2,699.82 3,191 445 584 7 852 394 217 California notavoilable 1,210,409 not available 3,181.82 1,183,470 104,345 99,017 15,904 not available 44,536 836 National not available 10,189,900 not available 3,246.08 12,408,899 1,215,077 534,218 500,648 not available not applicable not applicable Summary for Sancho's Tacos at 3014 W Balboa Blvd IRD15) In 2013, RD15 had a total of 749 reported crimes,compared to a city-wide reporting district average of 150 reported crimes. This reporting district is 599 crimes,or 399%,OVER the city-wide average. The number of active ABC licenses in this RD is 74,which equals a per capita ratio of one license for every 43 residents. Orange County averages one license for every 420 residents and California averages one license for every 836 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Notes: Part 1 Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault Burglary,Larceny-Theft,Auto Theft and Arson. This report reflects City of Newport Beach data for calendar year 2013,through December 31. California and National figures are based on the 2012 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 5/6/2014 Additional Information Highest Volume Crime in Calls for Service RDIS at 3014 W Balboa Blvd Simple Assault CITIZEN/AGENCY ASSIST 1 DISTURBANCE MISC 1 Highest Volume Crime in DISTURBANCE-PARTY 1 RD16 SKATEBOARD DISTURBANCE 1 SimpleAssault TRESPASS IN FROG 1 Highest Volume Crime in RD13 Burg/Theft From Auto Highest Volume Crime in Burg/Theft From Auto Attachment No. PC 6 February 13, 2014, Zoning Administrator Staff Report (Includes Project Plans) YPO COMMUNITY DEVELOPMENT DEPARTMENT 4 PLANNING DIVISION 100 Civic Center Drive,P.O.Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c0c,ros�'P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 12, 2014 Agenda Item No. 4 SUBJECT: Sanchos Tacos Minor Use Permit - (PA2014-058) 3014 Balboa Boulevard ■ Minor Use Permit No. UP2014-013 APPLICANT: Donnie Lancaster PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov ZONING DISTRICTIGENERAL PLAN • Zone: CN (Commercial Neighborhood) • General Plan: CN (Neighborhood Commercial) PROJECT SUMMARY The applicant proposes to add a Type 41 (On-Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. The restaurant operates under an existing Specialty Food Permit which allows a maximum 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. There are no changes proposed to the hours of operation or the maximum number of seats. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2014- approving Minor Use Permit No. UP2014-013 (Attachment No. ZA 1). DISCUSSION • The subject establishment is an existing taco restaurant, adjacent to The Landing Shopping Center located at the intersection of Balboa Boulevard and 32nd Street. Other uses within the center include retail sales, food services, and a grocery store. Z INTENTIONALLY BLANK PAGE Sancho's Tacos Minor Use Permit Zoning Administrator June 12, 2014 Page 2 There is an existing dwelling to the east of the establishment along Balboa Boulevard. • The restaurant operates under Specialty Food Permit No. 46 with a maximum 20 seats, some of which are permitted to be located outside, and hours of operation from 6:00 a.m. to 9:00 p.m. If approved the Minor Use Permit would supersede Specialty Food Permit No. 46 and the conditions regarding seating and hours of operation will be carried over. • The gross floor area of the restaurant is approximately 710 square feet with an interior net public area of approximately 620 square feet. There is also a 50-square- foot deck facing Balboa Boulevard and a 96-square-foot patio adjacent the shopping center parking lot. The 20 maximum seats allowed include these outdoor seating areas. Project implementation includes providing a barrier for the 96 square-foot outdoor seating area on the westerly side of the establishment to meet Alcohol Beverage Control License requirements. • Sancho's Tacos has been in operation for several months. The City has received no complaints regarding the operation. The building was previously occupied by Gallo's sandwich restaurant for 18 years. • Parking is provided pursuant to the Specialty Food Permit with two on-site spaces including one handicap space. • The Police Department has reviewed the proposed application and has no objections to the request. The Police Department memorandum, crime and alcohol related statistics, and reporting district map are attached (Attachment No. ZA 4). • Staff believes allowing the service of alcohol is compatible with existing and allowed uses within the area. Existing uses in the abutting shopping center reflect the type of restaurants, retail and service uses allowed by the regulations for the Commercial Neighborhood Zoning District and typically expected by residents and the public of similar commercial areas. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sancho's Tacos is an existing restaurant. The proposed project involves the addition of an ABC License to sell and serve alcohol. Tmplk 10-15-13 3 Sancho's Tacos Minor Use Permit Zoning Administrator June 12, 2014 Page 3 PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: Melinda Whelan Assistant Planner GR/msw Attachments: ZA 3 Specialty Food Permit No. 46 ZA 5 Project Plans Tmph:10-15-13 Attachment No. ZA 3 Specialty Food Permit No. 46 21 INTENTIONALLY BLANK PAGE k SEW PO CITY OF NEWPORT BEACH S P.O. BOX 1768, NEWPORT BEACH,CA 92658.6915 PLANNING DrPARTAMNT(714)644-3200 SPE�,IAI,TY FOOA SERVICE PEj�, March 27, 1996 Application No: 46 Applicant: Wally's Original Cookie Co. (JetfCnmuine) Address ofl'roperty Involved: 3014 West Balboa Boulevard Legal Description: Lot 1,Block 130,Lake Tract Request to permit the establishment of a specialty food facility which will serve primarily cookies, yogurt and soft drinks,on property located in the SP-6 District. The ]?/inning Department an.March 27 1996 approved the application subject to the following conditions: 1. That development shall be in substantial conformance with the approved site plan floor plan and elevations, except as noted in the following conditions. 2. That maximum seating and/or stand-up counter space for no more than 20 customers shall be maintained inside or outside the subject specialty food use. Any further increase in the number of seating and/or stand-up counter space for customers shall be subject to the approval of a use permit. 3. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility. 4, That at least one parking space for each 250 sq.fL of gross floor area shall be provided for the proposed outside seating area- 5. rea5. That the hours of operationshall be limited between the hours of 6;00 a.m.and 9:00 p.m. 6, That no outside paging system shall be utilized in conjunction with this outdoor dining establishment. T Tlaat the oa-site vehicular circulation system and parking design and layout shall be subject to the review and approval of the City Traffic Engineer. 2.3 3300 Newport Boulevard, Newport Beach March 27,1995 Page- 2 S. That the proposed improvements shall comply with State Disabled ,Access requirements unless otherwise approved by the Building Department. 9. That should this business be sold or otherwise come under different ownership, any future owners or assignees sball be notified of the conditions of this approval by either the current owner or the leasing company. 10. That no on-sale alcoholic beverages shall be permitted on the premises. 11. That no live entertainment or dancing shall be permitted in conjunction with the permitted use. 12. That no temporary"sandwich" signs or similar temporary signs shall be permitted, either on-site or off-site,to advertise the specialty food establishment. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the sacisfaclion of the Building Department. 14. Thar where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform,Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department, 15. That the Planning Department may add to or modify conditions of approval to this specialty food service permit, or recommend to the Planning Commission or City Council the revocation of this pit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety,peace,morals, comfort,or general welfare of the community. The Planning Department determined in this case that the proposal would not be detrimental to persons, property or improvements in the neigbborhood and that the specialty food services porntit as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code,and made the following findings: 1. ':Gloat the proposed specialty food service is retail in nature, serving mainly persons residing or working in the neighborhood, maintains a gross floor area of 2,000 sgdt. or less, and is not necessarily a destination point. It is anticipated that the proposed use will have parking demand characteristics similar to a retail use. 2. 11=the proposed development is consistent with the land Use Element of the General Plan and the Local Coastal Program,and is compatible with the surrounding land uses. 3. That the required number of off-street parking spaces are proposed in conjuration with the proposed outside seating area as required by Chapter 20.72 of the Municipal Code. 24 Manch 27,7,996 Page- 3 4. That the approval of Specialty Food Service Permit No. 46 will not, under the circumstnces of this case, be detrimental to the health, safety, peace, morA comfort, and general welfare of the city. NOTE: This approval shall expire wiless exercised within 24 months from the end of the appeal period, and cannot be extended. The decision of the Planning Department may be appealed by the applicant to the Planning Commission within 14 days of the date of the decision. Any appeal filed sball be accompanied by a filing fee of 99.00_ PLkNNING DFPARTMENT $y tom.•'"��: ?;�i r�C.;�>� Dana 0.Aslami Associate Planner DOA:dk �S Attachment No. ZA 5 Project Plans 35 INTENTIONALLY BLANK PAGE • w+ , V !�wxr=m_ ! m�,0 — � ƒ ƒ � • p ! ! , ] � ( | ����� » : : . . p----------------------Lo�0.:---- — — ------- \ OIL \ \ � \ , � \ \ \ � . \ © C® � aC3 ca 139 2 d : CD Q , 4 � ----------� — ——s—:— --- -- G ) § \8) \ } \\ \, • 1 O3 _, ,V +vns [ . mo ,O . 0 sCO : \$ • « � � § . m ! \ "K.G j ) . ( I . � � § \ � & ) ) ( Attachment No. PC 7 ZA Correspondence To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item 4a:ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR—JUNE 12, 2014 SANCHO'S TACO'S (PA2014-058) From: Whelan, Melinda Sent: Monday, June 09, 2014 8:07 AM To: Ramirez, Brittany Cc: Wisneski, Brenda Subject: FW: Reject the ABC request of Sancho's Tacos From: joe reiss [mailto:jreiss0Cagmail.com1 Sent: Friday, June 06, 2014 10:44 AM To: Whelan, Melinda Cc: Henn, Michael Subject: Reject the ABC request of Sancho's Tacos Sancho's Tacos Minor Use Permit - A request for a minor use permit to add a Type 41 Alcohol Beverage Control License (On-Sale Beer and Wine) in conjunction with an eating and drinking establishment previously approved by Specialty Food Permit No. 46. The Specialty Food Permit allows a maximum of 20 seats, including outdoor seating and hours of operation from 6:00 a.m. to 9:00 p.m. There are no proposed changes to the number of seats or the hours of operation. If approved, this Minor Use Permit would supersede Specialty Food Permit No. 46. Melinda, I strongly oppose the issuance of a beer and wine license for Sancho's Tacos. This business has been in operation for less than 6 months and has no track record for compliance with its current use permit. The first week it was open at 9am the music was blasting out its doors and I could hear it at my house on 30th Steet. Although, it has not been as bad lately I still on occasion hear the music. Sancho's Tacos previoulsy was a residence the City allowed to convert to a sandwhich shop some years ago and then recently became Sancho's Tacos. The distance the business is from the 1 residence just east of it is probably less than 20 feet. No alcohol establishment should be that close to a residence. Since Sancho's Tacos opened I rarely see anyone in the restaurant. I think they are struggling to stay open and are looking at alcohol sales to help their business. Alcohol sales should not be what keeps a taco shop in business. Have Sancho's Tacos prove they can make it as a restaurant before you give them this ABC license. Once you give them an ABC license it is difficult to take it back. I would also like the Hearing Officer to ask Sancho's Tacos why they do not sell alcohol in their Huntington Beach location and why they have a need to sell it at this location. If Sancho's Tacos is successful in Huntington Beach without an alcohol license why would they need one here? In an area that already is overconcentrated with alcohol establishments that have a negative impact on our community we have to be extremely cautious with any future ABC permits. Please do not allow Sancho's Tacos to sell beer and wine. I am unable to attend the Minor Use Hearing; however, I would like this email sent to the Hearing Officer and to be considered in the decision. Thank you, Joe Reiss 2 To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item 4b:ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR —JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) From: Wetherholt, Drew rmailto:Drew.Wetherholtcd)marcusmillichao.coml Sent: Tuesday, June 10, 2014 4:13 PM To: Whelan, Melinda; Henn, Michael Cc: Kiff, Dave; Diane Dixon (ddixon(0dianedixon2014.com); Sailor, Evan; Hillgren, Bradley Subject: Sancho's Tacos request for an ABC license Project File PA2014-058 location 3014 Balboa Blvd, Newport Beach Melinda: Please forward this email to the zoning administrator for the public record regarding Sancho's Tacos request for an ABC license Project File PA2014-058 location 3014 Balboa Blvd, Newport Beach. I oppose issuing an ABC license to Sancho's Tacos and request a denial for the following reasons: 1. Too small of a restaurant located less than 20 feet from homes. The restaurant only has 2 public parking spaces. 2. This operator is unproven and has been in business less than 6 months. The business already appears to be struggling and now wants alcohol? Why are we giving ABC licenses to establishments that have no track record of being a good or bad operator in an area that is already over-concentrated with ABC licenses? Once an ABC license is in-place it is much harder to remove. 3. This operator has a location in HB that does NOT have an ABC license. There would seem to only be 3 reasons for this: a. He applied and was denied due to over-concentration of alcohol in downtown HB. b. He could have been denied perhaps because the restaurant was problematic. c. Never applied because the restaurant doesn't need it to be successful. Why does he need one here? 4. If the location is already struggling, alcohol isn't the answer. Concerns include that it starts with a glass a beer, then they start offering pitchers ( with discounts) attracting the drinking/partying crowd. It then degrades from there morphing more into a bar/pub crawl/party etc.just like we have seen before. 5. An alcohol issue/license in District 15 should NOT be decided by one individual,the zoning administrator, at 3:30PM in the afternoon when most of the public will not be able to attend to voice their concerns. This issue certainly can have a significant negative impact on the immediate area and the residents. Issues like this should be going before the planning commission, not one individual. ABC licenses are not a "minor" issue in District 15. 6. The location has very little seating and parking. The Pavilion's center has already had a problem with Sancho's customers parking on their property and posted signs warning Sancho's customers not to park in the Pavilion's parking lot. 7. As of Sunday there has NOT been any public notices posted on the property notifying the general public of this hearing. t 8. District 15 already has the largest number of ABC licenses in Orange County (approx. 1 license per 43 residents). Orange County averages one license for every 420 residents and California averages one license for 836 residents. 9. The NBPD already has a difficult time policing the alcohol related issues in District 15. Another problematic restaurant that morphs into a party restaurant/bar will not benefit the immediate area or the Peninsula. In 2013, District 15 had 599 crimes, or 399% OVER the city-wide average The highest volume crime in District 15 is simple assault probably related alcohol. Thank you for your consideration. Drew Wetherholt Newport Beach Resident 949-466-6088 2 To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item 4c: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR-JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) From: Lynne rmailto:lvnnenewtonCalaol.coml Sent: Wednesday, June 11, 2014 2:17 PM To: Whelan, Melinda; Henn, Michael Subject: Sancho's Tacos request for an ABC license Project File PA2014-058 location 3014 Balboa Blvd, Newport Beach Melinda, Please forward this e-mail to the zoning administrator for the public record concerning Sancho's Tacos request for an ABC license Project File PA2014-058 located at 3014 Balboa Blvd. Newport Beach. I am against issuing an ABC license to Sancho's tacos and request a denial based on my concerns listed below. As of today, there are no public notices posted on the property informing the general public of the upcoming hearing. Sancho's Tacos is a small location with five tables and two public parking spots that sits on the sidewalk separated from the neighboring homes by just a driveway. Pavilions already has problems with the Sancho's Taco's customers and has posted signs not to park in the Pavilions parking lot. The Sancho's Tacos in Huntington Beach does NOT serve alcohol, so why here at their Newport Beach location? We currently have three establishments that serve alcohol located on the opposite end of the Pavilions parking lot. These ABC licensed establishments surrounding our neighborhood have become increasingly popular destinations for the drinking/pub crawl crowd who travel between the bars/restaurants that neighbor our residence. If Sancho's Tacos gets an ABC license, the drinking/pub crawl crowd will travel from the bars located at the upper end of the Pavilions parking lot through our neighborhood down to Sancho's Tacos. Every Thursday through Saturday night, the residents in District 15 are subjected to loud, unruly and disrespectful drinking crowds until early hours in the morning. We, the residents, fear the addition of an ABC license at Sancho's Tacos will will Increase the frequency of said unruly crowds. Thank you for your consideration, Lynne Newton Newport Beach resident i To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item 4d:ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR—JUNE 12, 2014 SANCHO'S TACOS (PA2014-058 From: Sancho's Tacos rmailto:oatacos13(obomail.coml Sent: Thursday, June 12, 2014 10:25 AM To: Whelan, Melinda Subject: Fwd: SANCHOS Tacos Sent from my iPhone Begin forwarded message: From: Ron Amborn<ron(&,,maxxdigital.com> Date: June 11, 2014, 10:58:12 PM PDT To: Sanchos Donnie<sanchostacosghotmail.com> Subject: SANCHOS Tacos To Whom it may concern I am very happy to say that my family and friends have been enjoying Sanchos Tacos from the beginning and recommend it to dozens of people every month. Donnie Lancaster has proven to be an amazing business owner in many ways. His sense of community and love of showing people that good service really exists is second to none. Donnie has supported our local youth in baseball , surfing and Volenter projects. SANCHOS runs a responsible and friendly family owned business that would make any community proud. Donnie has proven to be a role model and amazingly generous to those in need. Great food , good people and a place that I will continue to recommend for years to come. Regards, Ron Amborn President/CEO Maxx Digital Inc Office 714-374-4944 Mobile: 714-713-4492 ron(a maxxdigital.com WWW. Maxxdigital.com i To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item 4e:ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR—JUNE 12, 2014 SANCHO'S TACOS (PA2014-058 From: Sancho's Tacos rmailto:oatacos13(obomail.coml Sent: Thursday, June 12, 2014 10:24 AM To: Whelan, Melinda Subject: Fwd: Zoning admin Sent from my iPhone Begin forwarded message: From: Mr Preston<mMreston oQ mez(&4Qmail.com> Date: June 12, 2014, 9:30:34 AM PDT To: "sanchostacosghotmail.com" <sanchostacoskhotmail.com> Subject: Zoning admin My name is Preston Gomez I'm a local business owner in Huntington Beach and Newport Beach area. I've been a customer of Sanchos tacos for the past four years their a family owned and operated business with quality food and service. I feel having their beer and wine license would be great for business Sanchos runs a really tight ship and pride themselves on reputation with that being said I look forward to having a nice cold beer with Newport and huntington a best tacos. For any questions feel free to contact me via email Mrpreston og mezk=ail.com Preston Gomez i Item 4f: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR — JUNE 127 2014 SANCHO'S TACOS (PA2014-058) 222 3001 St. Newport Beach CA, 92663 June 81h, 2014 City of Newport Beach 100 Civic Centel- Drive Newport Beach CA, 92660 Re: Project File No.: PA2014-058 - Activity No.: UP20t4-013 Dear City of Newport Beach, As I may not be able to attend the public hearing held on June 12th, I'm writing to you today to voice my support of Sancho's Tacos application for a beer and wine license. Being a 7-year resident of Newport Peninsula, the opening of Sancho's Tacos was a welcome addition to the area. With the exceptional food and friendliest most personable staff, Sancho's is hands down my favorite tacos in area. In addition, being able to see the beach from the patio makes it an ideal place for breakfast, lunch, or dinner. The only caveat for my friends, family, and I, is the inability to enjoy a beer with our meals. Being born and raised in Southern California, tacos and beer go together the same the sun and the beach. Ironically, this is exactly what Sancho 0s is offering. Besides my obvious affinity for food and company of Sancho's Tacos, this is a win-win-win for the City of Newport, local businesses, and the owners. As summer approaches and the an every business, regardless of industry, feels the surge in tourism and visitors, Sancho's Tacos is set up perfectly to capture is this business and keep people here longer and generating additional revenue for the City of Newport and their fellow local business owners. Now, I used the word "perfectly" above... perfectly implies that Sancho's is able to provide an environment that is able to serve their customers is every way and they have hit the mark in every aspect. I'm just one person, but I encourage you to utilize Yelp if there are any doubts, there is more than enough to fully support the demeanor of this establishment. Granting Sancho's the ability serve beer and wine ensures they truly have all the tools they need to continue to grow and be successful, adding to the success of Newport as a whole. Thank you in advance for your time. Sincerely, Matt Bridges 714-512-0580 Item 4g: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR —JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) To the Zoning Administrator of the City of Newport Beach: I draft this letter in support of granting Sancho's Tacos Newport Beach (STNB) a license to sell beer and wine at their establishment. STNB is a family owned and operated business.The staff at STNB are congenial and helpful, and the positive, family-oriented atmosphere contributes to the overall environment of the adjacent neighborhood. Furthermore,the employees of STNB are the kind of people who remember customers' names when they place phone orders,wave to people as they walk their dog, and engage patrons in conversations about the community.Also considering the clean, welcoming facility and unbelievably delicious fish burritos, STNB has undoubtedly been a positive addition to the Newport Beach food-service circuit. Granting STNB a license to sell beer and wine will help facilitate their success as an establishment. In a world rampant with chain restaurants and homogeneity, it is rare to see a small, family-owned business flourish. Therefore,we should support places such as STNB as a community, not only because they offer excellent food and a fun, spirited atmosphere,but also because as our neighbors,they are personally invested in our city and will contribute positively to the culture of Newport Beach. Thank you for your regard, Erin Delman Ph.D Candidate Steve Davis Research Group Department of Earth System Science University of California, Irvine For questions, please contact me at: 2041/z 301h St., Newport Beach, CA, 92663 edelmanPuci.edu 310.809.1536 Item 4h: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR— JUNE 12, 2014 Mario Hernandez SANCHO'S TACOS (PA2014-058) To: Whom it may concern Subject: Sancho's Tacos Minor Use Permit Application Dear Zoning Administrator: This letter is in regards to the application for the minor use permit by Sancho's Tacos—Newport Beach. I fully support the admission of the permit to this great establishment. Sancho's Tacos is bar none,the best taco spot in Orange County. This establishment provides a very family oriented and modern dining experience for beach go-ers and residents of the City of Newport Beach. Aside from the great food,Sancho's Tacos also plays a positive economic roll in Newport Beach. Sancho's is also owned/operated by a very responsible and friendly family led by Mr. Donnie Lancaster. For all of the above reasons I am fully in support of Sancho's Tacos having the ability to sell beer and wine at their location in the City of Newport Beach not only to aid in Sancho's Tacos business growth, but also for the positive effects the establishment will have on the community. Sincerely, Mario Hernandez 5 Escapade Court Newport Beach, CA 92663 Cell : (626) 675-6704 Thank you, Mario Hernandez Closing Coordinator Greenlight Loans, a division of Nationstar Mortgage LLC Corporate NMLS: 2119 Phone: (949) 265-3878 Fax: (949)486-3178 Toll Free: 877-773-2783 ext. 3878 Email: MHernandez(&greenlightloans.com Website: www.greenlightloans.com Customer service is our top priority. If you are not receiving exceptional customer service, or if you have any questions, please feel free to contact my supervisor Rachelle Cochems direct at(949) 798-2240 or at RCochems(Dgreenlightloans.com. For unresolved and escalated complaints, please contact the Office of Consumer Affairs at (877)476-5868 or at ConsumerAffairs greenlightloans.com. 1 Item No. 4i: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR - JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) Objections to Beer and Wine service at Sancho's Tacos Minor Use Permit # UP2014-013 I, Howard Minnick, bear no ill will against the business owners next door and wish them success in their business endeavors, however, I must voice objections to the proposed permit application on behalf of my wife JoAnn, my son Kenneth, daughter Lauren, my 2 grandsons for the following reasons: The permitting process is in place to allow special uses which are essential or desirable to the community at large. PUBLIC NEED Public Need is not demonstrated by virtue of the fact that there are eleven existing beer and wine licenses in close proximity to the subject property. There are nine facilities that offer beer and wine service within 1000 yards of the subject property. They are as follows: Gina's Pizza, Crow's Burgers, Newport Brew Co., Rudys, Malarkeys, Mama D's, Ho Sum Bistro, Chipotle, Bear Flag Tacos, Las Fajitas and Pescadou. Please note that NONE of the aforementioned establishments are directly adjacent to residential properties such as this one. The permitting process is in place to allow special uses which are essential or desirable to the community at large. At this location, sharing a common property line with an occupied residence is neither essential OR desirable. PUBLIC NUISANCE Beer and wine service at this location would be detrimental to the harmonious enjoyment of adjacent residents and will endanger,jeopardize and otherwise constitute an increased hazard to the public health, interest, safety and general welfare of persons residing in the area by nuisance by virtue of such close proximity to occupied residence. Where drinking is allowed, smoking usually occurs. Occupants of our residence are allergic to cigarette smoke and do not wish to be subject to it. However, it is occurring next door and we do not wish to be sickened by it. Patron intoxication, unauthorized amplified music on the inside and outside of the establishment at such volumes as to be disruptive to the neighboring residents, conversational noise, vehicular traffic, both autos and bicycles parking in and across my driveway, patrons sitting on my property line wall and eating and drinking and discarding trash and pedestrian loitering and un-policed Item No. 4i: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR - JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) trash will increase and spill over to our residence thereby disrupting the peaceful enjoyment of us tax paying permanent residents occupying the dwelling next door. People have been observed urinating and defecating on our adjacent residential property without additional alcoholic stimulus. It can only increase with additional opportunities for inebriation. There exists an insufficient quantity of exterior trash receptacles to handle carelessly discarded refuse at the site and employees do not clean up trash and cigarette butts discarded in our driveway. CRIMINAL ACTIVITY Where alcohol is served criminal activity is increased. In 2013, the following statistics appear on the NB Police website: Drunk related calls 541, DUI arrests 432, liquor violations 8, drugs and alcohol calls 453. These statistics will only increase should the permit be granted. My property is next door and has already this year had the block wall damaged by vehicles parking at the restaurant, 6 bicycles stolen from the property and almost nightly we experience trespassers on our property in the driveway and often in our backyard. On several occasions, I personally have physically had to remove drunks from sleeping on and below our deck. MAXIMUM OCCUPANCY AND LIFE SAFETY COMPLIANCE If granted, the maximum occupancy requirement of the existing permit should not change and should be enforced. If the above license is granted, The owner has planned to incrementally expand his operation as follows: HOURS OF OPERATION Increased hours of operation. The permitted hours of operation must not be allowed to extend beyond currently permitted usage in order to maintain the peaceful enjoyment of the contiguous residential property next door. EXPANSION OF REAR PATIO The rear area is currently restricted for vehicular parking. It is the intent of the owner to create a patio in this area. I object to this as well for all the above stated reasons plus increased noise, airborne second hand smoke and fugitive lighting illumination. The parking lot must not be eliminated to create a rear patio area. Amplified music and smoking should not be Item No. 4i: ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR - JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) allowed. This is precisely what occurred in the case of Gina's Pizza. That patio was not permitted and not disclosed on the original plans. That area was originally designated as a walkway and bicycle rack area. Now it is lit up like the fourth of July with patio lights and loud noise until 10 PM nightly. Before voting on this, let each member of the council ask themselves the following question: Would I want this situation next to my house? Would I want to deal with the problems associated with this additional burden on a daily basis? Shall I, in good conscience, impose this additional hardship on the next door neighbors who are simply minding their own business and attempting to extract as much peaceful enjoyment out of their property as they can? If the answer to any question is NO, Then vote that way. Respectfully submitted, Howard Minnick JoAnn Minnick Kenny Minnick Lauren Minnick 3012 West Balboa Blvd. Newport Beach, CA 92663 (909) 721-7874 To: ZONING ADMINISTRATOR Subject: ADDITIONAL MATERIALS RECEIVED Item No. 4j:ADDITIONAL MATERIALS RECEIVED ZONING ADMINISTRATOR—JUNE 12, 2014 SANCHO'S TACOS (PA2014-058) From: Howard Minnick rmailto:howard.minnick0ifshea.coml Sent: Thursday, June 12, 2014 11:44 AM To: Wisneski, Brenda Cc: Whelan, Melinda Subject: Minor Use Permit# UP2014-013 Dear Ms. Wisneski, I just wanted to make sure you received my letter of objection to the above minor use permit and I wanted to add this to it as well. Nothing in your findings address smoking and interior and exterior amplified music only paging systems. Since this seems to already have your approval, I would ask that staff add a condition of approval to prohibit smoking and exterior amplified music and severely restrict interior amplified music to volumes that are not audible by adjacent property residents. We would prefer not to breath second hand smoke and hear rap all day long. Please confirm receipt of this e-mail. Thank you. KS0Howard Minnick Quality Control Manager Kiewit Shea Desalination KOEVAT Dleworc909-721-7874 DESALINKnONV­1 giggig;&71 Howard.minnickCjfshea.com The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by return email or telephone if the sender's phone number is listed above,then promptly and permanently delete this message. Thank you for your cooperation and consideration. 1 Attachment No. PC 8 PC Correspondence -----Original Message----- From: Linda Klein [mailto:lkleinl4(@me.com] Sent: Friday, June 27, 2014 3:32 PM To: Kiff, Dave; Michael Henn; Diane Dixon Subject: Sanchos ABC license app Please place in the public record. Councilmen and city staff, Our district is awash in alcohol related problems. This operator should not be granted an ABC license to further burden the people of the Peninsula and our police department which is already overwhelmed by problem drinking. Thanks much for this consideration. Respectfully, Linda Klein From: Wetherholt, Drew [mailto:Drew.Wetherholt@marcusmillichap.com] Sent: Tuesday, July 29, 2014 6:48 PM To: Ramirez, Gregg Cc: Tucker, Larry Subject: Sancho's Tacos request for an ABC license Project File PA2014-013 location 3014 Balboa Blvd, Newport Beach Planning Commission Meeting August 7, 2014 Gregg: Please forward this email to the Planning Commission for the public record regarding Sancho's Tacos request for an ABC license Project File PA2014-013 location 3014 Balboa Blvd,Newport Beach. I oppose issuing an ABC license to Sancho's Tacos and request a denial for the following reasons: I. Too small of a restaurant located less than 15 feet from homes. The restaurant only has 2 public parking spaces plus one handicap space of which the employees are always parked in. This property was once a single family home 2. This operator is unproven and has been in business less than 6 months. The business already appears to be struggling and now wants alcohol? Why are we giving ABC licenses to establishments that have no track record of being a good or bad operator in an area that is already over-concentrated with ABC licenses? Once an ABC license is in-place it is much harder to remove. 3. This operator has a location in HB that does NOT have an ABC license. There would seem to only be 3 reasons for this: a. He applied and was denied due to over-concentration of alcohol in downtown HB. b. He could have been denied perhaps because the restaurant was problematic. c. Never applied because the restaurant doesn't need it to be successful. Why does he need one here? 4. If the location is already struggling, alcohol isn't the answer. Concerns include that it starts with a glass a beer, then they start offering pitchers (with discounts) attracting the drinking/partying crowd. It then degrades from there morphing more into a bar/pub crawl/party etc.just like we have seen before. Simply put, offering alcohol will only encourage customers to stay longer and typically when individual consume alcohol they become louder and louder. This property was residential and then, somehow, became a cookie shop and then a sandwich shop. With the prior uses, customers came &went as there was very little to no seating. With the close proximity to homes,this will certainly be a problem for neighbors. 5. An alcohol issue/license in District 15 should NOT be decided by one individual, the zoning administrator, at 3:30PM in the afternoon when most of the public will not be able to attend to voice their concerns. This issue certainly can have a significant negative impact on the immediate area and the residents. Issues like this should be going before the planning commission, not one individual. ABC licenses are not a "minor" issue in District 15. 6. The location has very little seating and parking. The Pavilion's center has already had a problem with Sancho's customers parking on their property and posted signs warning Sancho's customers not to park in the Pavilion's parking lot. 7. District 15 already has the largest number of ABC licenses in Orange County (approx. 1 license per 43 residents). Orange County averages one license for every 420 residents and California averages one license for 836 residents. 8. The NBPD already has a very difficult time policing the alcohol related issues in District 15. Another problematic restaurant that morphs into a parry restaurant/bar will not benefit the immediate area or the Peninsula. hi 2013, District 15 had 599 crimes, or 399% OVER the city-wide averaee! The highest volume crime in District 15 is simple assault probably related alcohol. Thank you for your consideration. Drew Wetherholt Newport Beach Resident 949-466-6088 From: PatrickAbramian [mailto:pabramian@gmail.com] Sent: Wednesday, July 30, 2014 11:13 AM To: Ramirez, Gregg Subject: Sancho's Tacos Newport Beach Mr. Ramirez, I oppose issuing an ABC license to Sancho's Tacos due to too many current ABC licenses present in the nearby community. There is already enough chaos present near the peninsula and adding more ABC licenses just causes more disturbances, especially during peak weekend hours. If this location was near other bars/restaurants it would be slightly more understandable but it is directly adjacent to residential buildings. Thanks. Regards, P. Abramian From: K. Stoddard [mailto:kstoddardl@roadrunner.com] Sent: Wednesday, July 30, 2014 12:33 PM To: Ramirez, Gregg Cc: Brandt, Kim; Kiff, Dave Subject: Sancho's Tacos at 3014 W. Balboa Blvd. Mr. Ramirez, I am a resident on the Peninsula in District 15 and I am adamantly opposed to the City allowing Sancho's Tacos to obtain an ABC License. As you must know, our area is already flooded with ABC licensed establishments. Newport Beach has 48% more ABC licensed establishments than the CC city average with one ABC License per every 43 residents! There has been a steady increase in ABC licensed establishments in our area during the 22 years I have lived here. For the City to entertain the possibility of allowing yet another one is almost beyond belief. The current oversaturation of ABC licenses has negatively impacted our quality of life and has created an enormous burden for the Police Department. I implore you, and the City, to deny Sancho's Tacos request for an ABC license. Please forward this email to the Planning Commission for inclusion in the public record prior to the August 7, 2014, Planning Commission Meeting. Kent Stoddard 2700 Newport Blvd., #326 Newport Beach, CA 92663 -----Original Message----- From: Michael Lam [mailto:mlammd@gmail.com] Sent: Wednesday, July 30, 2014 2:01 PM To: Ramirez, Gregg Subject: Sancho's Tacos request for an ABC license Project File PA2014-013 location 3014 Balboa Blvd, Newport Beach Dear Sir, Please record this as my official opposition to issuing of alcoholic licesnse to Sancho's Tacos application . Michael Lam 2600 Newport Blvd, # 213. Newport Beach From: Brian P [mailto:newportbeachresident@yahoo.com] Sent: Wednesday, July 30, 2014 6:47 PM To: Ramirez, Gregg Subject: Please Deny Sancho's Tacos request for an ABC license Project File PA2014-013 Gregg Please forward this email to the Planning Commission for the public record regarding Sancho's Tacos request for an ABC license Project File PA2014-013 location 3014 Balboa Blvd, Newport Beach. Please confirm that this email was submitted for the public record. I oppose issuing an ABC license to Sancho's Tacos and request a denial for the following reasons: The facility is not equipped to be a restaurant, let alone, an alcohol establishment. The facility is a home that was once converted into a cookie store. It was later modified to serve sandwiches, and now is a Mexican restaurant. With this ABC application, the operator now wants to turn this facility into an alcohol establishment. The facility sits less than 15 feet away from its next door neighbor - which is a residence. Because the facility itself is essentially a home, it lacks the necessary parking and physical space needed to serve as a restaurant. If anything, the city should be looking to restore the property back to its status as a home. The operator already has a track record of code violations that suggests that he will be unable or unwilling to abide by the requirements of an ABC license. The restaurant only has two public parking spaces, plus one handicap space. Employees have been seen to routinely park in the handicap space, and patrons are often seen parking in the nearby Pavilions parking lot. This has become such a problem that Pavilions has had to post signs warning against parking in their lot. If the operator cannot manage basic regulations related to something as simple as parking, it is difficult to have any confidence in his abilities to regulate the sale of alcohol. The operator is also unproven. The operator has only been open for business at the location for less than six months. The operator has not been in business long enough to establish whether he is a good or bad operator. The city should take a wait-and-see approach to determine whether this business will survive and that he is a good operator. If this operator establishes that he is a good operator and that his business will survive as a restaurant, the city can always revisit his ABC application. But if the city grants this operator an ABC license with no record of being a good operator and without any evidence that this business can actually survive as a restaurant, it can face serious and expensive legal challenges if it later needs to revoke the ABC license. Caution and patience seem to be the most prudent course of action. Moreover, once an ABC license is in-place it is much harder to remove. If this business fails, future operators will inherit the ABC license. Because those future operators are not part of these proceedings, it will be difficult to impose both the letter and spirit of the conditions of the ABC license on them. Once commentator has captured the neighborhood's concerns: "If the location is already struggling, alcohol isn't the answer. Concerns include that it starts with a glass a beer, then they start offering pitchers (with discounts) attracting the drinking/partying crowd. It then degrades from there morphing more into a bar/pub crawl/party etc. just like we have seen before. Simply put, offering alcohol will only encourage customers to stay longer and typically when individual consume alcohol they become louder and louder. This property was residential and then, somehow, became a cookie shop and then a sandwich shop. With the prior uses, customers came & went as there was very little to no seating. With the close proximity to homes, this will certainly be a problem for neighbors." Simply waiting to see if the business can survive as a restaurant is the only approach that avoids harm to anyone. When the operator opened for business, the facility did not have an ABC license. He currently is not authorized to operate as an alcohol establishment. If the city simply waits to see if he can survive as a restaurant and that he is a good operator, it will not impose any harm on the operator. While the city waits, the operator will be allowed to operate as he expected when he opened for business and as he continues to operate to this day. But if the city rushes to grant this ABC license and this unproven operator turns out to be a bad operator, and the site devolves into yet another bar, the surrounding neighbors and the city at large will be faced with the monumental task of having to take away the property rights conferred through an ABC license. It is also important to note that this operator has a Huntington Beach Sancho's Tacos location that DOES NOT have an ABC license. There are three possible explanations for why the HB location does not have an ABC license: (1) He applied and was denied due to over-concentration of alcohol in downtown HB; (2) He could have been denied perhaps because the restaurant was problematic; or (3) Never applied because the restaurant doesn't need it to be successful. At this point, the city can determine for itself whether the first and second possibilities are true by simply waiting to see how this operator runs his business. But if the operator claims that the HB location does not have an ABC license because he does not need it, they why does he want an ABC license for his Newport location? The NBPD already has a very difficult time policing the alcohol related issues in District 15. Another problematic restaurant that morphs into a party restaurant/bar will not benefit the immediate area or the Peninsula. In 2013, District 15 had 599 crimes, or 399% OVER the city-wide average! The highest volume crime in District 15 is simple assault probably related alcohol. District 15 already has the largest number of ABC licenses in Orange County (approx. 1 license per 43 residents). Orange County averages one license for every 420 residents and California averages one license for 836 residents. Opening yet another alcohol establishment in an area that is already saturated with ABC licenses and alcohol related crimes undermines the incredible efforts the city and the neighborhood have taken to clean up District 15, e.g., the city's financial investment into beautifying Balboa Blvd. and the neighborhood created 4th of July family parade. Opening yet another alcohol establishment seems to be going in the wrong direction. Lastly, there is a fundamental procedural unfairness to allowing one unelected individual to decide to issue another alcohol license. In this case, the operator's ABC license was decided by one individual, the zoning administrator, at 3:30PM in the afternoon when most of the public was unable to attend the meeting to voice their concerns. ABC licenses are not "minor" issues. It is patently absurd to allow one individual to have the power and authority to burden an entire neighborhood with another alcohol establishment, especially when that neighborhood is already dealing with the deleterious effects of an overabundance of ABC licenses and alcohol fueled crime. Issues like this should be going before the planning commission, not one individual. Thank you for your consideration. Brian Correspondence Item No. 3a Sancho' s Tacos Minor Use Permit Appeal PA2014-058 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 11, 2014 Meeting Agenda Item 3 SUBJECT: Sancho's Tacos Minor Use Permit Appeal- (PA2014-058) 3014 Balboa Boulevard Minor Use Permit No. UP2014-013 APPLICANT: Donnie Lancaster PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY An appeal by Councilmember Mike Henn of the Zoning Administrator's February 13, 2014, decision to approve Minor Use Permit No. UP2014-013. The Minor Use Permit would allow the addition of a Type 41 (On-Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. RECOMMENDATION Continue this item to the August 21, 2014 meeting. DISCUSSION The applicant has requested a continuance due to a scheduling conflict. Public Notice This agenda item was noticed in accordance with the Brown Act and Municipal Code. Should this item be continued to the August 21, 2014 meeting, additional notice will not be required. Prepared and Submitted by: Gregg R r irez Senior Planner ATTACHMENT: PC 1 Applicant's Request for a Continuance From: Donnie [mailto:ogtacosl3@gmail.com] Sent: Thursday, August 07, 2014 3:49 PM To: Ramirez, Gregg Subject: Re: Continuance request To whom this may concern. Due to unforeseen circumstances my wife and I request a continuance to the 21 st of August. Please let me know if this works, thank you very much. Donnie and Erika Lancaster Correspondence Item No . 3b BURNS,MARLENE Sancho ' s Tacos Minor Use Permit Appeal From: Ramirez,Gregg PA2 014—0 5 8 Sent. Monday,August 11,2014 8:54 AM To: Burns,Marlene Subject: FW: Sancho's Tacos UP 2014-013 Follow Up Flag: Follow up Flag Status: Flagged PC Agenda Item 3-Additional Correspondence From: Tony Gomez [mailto:tonv@tgmarketingservices.com] Sent: Monday, August 04, 2014 3:14 PM To: Ramirez, Gregg Subject: FW: Sancho's Tacos UP 2014-013 Dear Mr.Gregg Ramirez: I am completely opposed to issuing Sancho's Tacos a Beer and Wine permit. My home is located at 20130`"St. I am located on the corner of 30th and Balboa.We have enough full service bars within 300 yards of our place and see enough intoxicated people coming from the close by bars and with no respect for our property as well as others on our block. However, if this permit is granted who is going to monitor the patio making sure that no patrons are handing out beer or wine to minors on the sidewalk or when to cut some one off due to being intoxicated ?Go by there and you will see what I mean.There are times when my kids will be coming from the garage and they will come in and tell me that some people are urinating next to our trash cans in the alley ! Gregg,You should hear the noise in our alley from intoxicated people on weekends and the trash they leave behind that we have to pick up coming from nearby bars, it's plain brutal. I am not a prude, I consume alcoholic beverages myself but do we really need another business or fast food business to serve beer and wine in our residential zone? I wish I could attend this week's hearing but I am going out of town and returning late Friday night. Any questions, please do not hesitate to call me. Regards, Tony Gomez TG Marketing/Services 215 N. 2nd Ave.Suite-E Upland, CA. 91786 (909)981-1879 Fax(909)981-7687 1 Correspondence Item No . 3c BURNS,MARLENE Sancho ' s Tacos Minor Use Permit Appeal From: Ramirez,Gregg PA2 014—0 5 8 Sent. Monday,August 11,2014 8:54 AM To: Burns,Marlene Subject: FW:RE. Sanchos Tacos Follow Up Flag: Follow up Flag Status: Flagged PC Agenda Item 3-Additional Correspondence -----Original Message----- From: Sher Swaimfmailto:shersartnb(a)sbcglobal.netl Sent: Thursday, August 07, 2014 6:16 PM To: Ramirez, Gregg Subject: RE. Sanchos Tacos As a resident of this area , we do not need another alcohol serving business. Please. NO! Sent from my iPhone 1 Correspondence Item No . 3d BURNS,MARLENE Sancho ' s Tacos Minor Use Permit Appeal PA2014-058 From: Ramirez,Gregg Sent. Monday,August 11,2014 8:54 AM To: Burns,Marlene Subject: FW: Sancho's Restaurant Liquor license application Follow Up Flag: Follow up Flag Status: Flagged PC Agenda Item 3 -Additional Correspondence From: cirolfs(a)fuelinasolutions.com [mailto:cirolfs(0)fuelinasolutions.com] Sent: Sunday, August 03, 2014 7:17 PM To: Ramirez, Gregg Subject: Sancho's Restaurant Liquor license application Dear Mr. Ramirez, please pass this letter along with others to the planning commission against the subject restaurant applying for a liquor license in our neighborhood. This establishment "Sancho's" which used to be a residence does not possess the space appropriate to serve alcohol in this corner of the recently remodeled Pavillion's parking lot. Patrons now eat their food on a balcony overlooking the street. Adding beer, wine, alcohol to this doesn't make any sense. I have lived in this neighborhood for more than twenty years. I know the neighborhood well and do not believe that awarding this unproved restaurant an alcohol permit is a good idea. Additionally, there are enough drinking outlets on this peninsula already. Thank you. Christopher Rolfs 1 Correspondence Item No . 3e BURNS, MARLPNr Sancho ' s Tacos Minor Use Permit Appeal From: Ramirez,Gregg PA2014-058 Sent: Monday,August 11, 2014 8:54 AM To: Burns,Marlene Subject: FW: Sancho's Tacos 8/7/14 Follow Up Flag: Follow up Flag Status: Flagged PC Agenda Item 3 - Additional Correspondence From: Mary L Hyatt [mailto:mauimary(@pacbell.net] Sent: Thursday, August 07, 2014 4:00 PM To: Ramirez, Gregg Subject: Sancho's Tacos 8/7/14 I'm not able to come to the Planning Commission meeting, but understand it's about allowing the sale/consumption of alcohol 5 feet from a crosswalk to a residential neighborhood. Who thinks this is a good idea? Cars routinely go by at 40 or 50 miles an hour and quite often don't stop for pedestrians. I will be interested to find out who is in favor of this idea other than the people who run Sanchez Tacos. Mary Hyatt 1 Correspondence Item No . 3f BURNS,MARLENE Sancho ' s Tacos Minor Use Permit Appeal From: Ramirez,Gregg PA2 014—0 5 8 Sent. Monday,August 11,2014 11:08 AM To: Burns,Marlene Subject: FW: Sancho's Tacos request for an ABG license Project File PA2014-013 location 3014 Balboa Blvd, Newport Beach Attachments: Sanchos Tacos Photos.pdf Follow Up Flag: Follow up Flag Status: Flagged Please distribute for tonight. Color for PC. Thanks! From: Wetherholt, Drew [mailto:Drew.Wetherholt@marcusmillichao.com] Sent: Monday, August 11, 2014 11:06 AM To: Hillgren, Bradley; Peter Koetting; Myers, ]ay; Kramer, Kory; Lawler, Ray; Tucker, Larry; Brown, Tim; Ramirez, Gregg Cc: Diane Dixon (ddixon(&c1ianedixon2014.com) Subject: Sancho's Tacos request for an ABC license Project File PA2014-013 location 3014 Balboa Blvd, Newport Beach Gregg: Please include the attached photos for the public record for Project File PA2014-013, Sanchos Tacos request for an ABC license. These photos clearly illustrated some of the many concerns that the community has about this establishment. Adding alcohol to this establishment will only add to the noise level, increase loitering, smoking within 15 feet of homes and add to the over-concentration of ABC licenses in District 15. It is also my understanding that the Police Department does not support alcohol at this location due to the potential negative impacts to the immediate neighborhood and the Peninsula. Please ensure that the Planning Commisionors receive a color hardcopy of these photos so they may truly understand just how close this establishment is to residential homes which were here long before this business ever was. Thankyou! Drew Wetherholt Peninsula Resident 1 Y00000 I need ext7s all the ( homie and homeg ' Is � fnmorrow night at Sanchos tacos from 630 t6 9341pm it will be quick and painless no acting no special outfits jus come out and represent fora minute outta ur d� I ' ll be providing F� D and ___ DRINKSds compensation �► � N n� s � aiz -n n Co C).Tl I 90 WE TOWag T �1�. 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