HomeMy WebLinkAboutZA2015-004 - Z-PIZZA MINOR USE PERMIT - 2549 Eastbluff Dr RESOLUTION NO. ZA2015-004
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-045 TO ALLOW A TYPE 41 (ON SALE BEER AND
WINE) ALCOHOL LICENSE AND EXTEND THE CLOSING HOUR
OF OPERATION TO 11:00 P.M., DAILY, AT AN EXISTING
RESTAURANT LOCATED AT 2549 EASTBLUFF DRIVE
(PA2014-206)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sidney Fanarof of Z Pizza East Bluff Inc., with respect to
property located at 2549 Eastbluff, and legally described as Parcel 1 of Lot Line
Adjustment No. 98-14, being all of Parcel 1 of Lot Line Adjustment No. 93-2, in the City of
Newport Beach, recorded October 29, 1993, as Instrument No. 93-0740854 and a
portion of Parcel 2 of Lot Line Adjustment No. 94-6 in the City of Newport Beach,
recorded June 28, 1994, as Instrument No. 94-0426999 both being official records of the
County of Orange, State of California. The applicant requests approval of a minor use
permit.
2. The applicant proposes a minor use permit application modifying Use Permit No.
UP2002-047 (PA2002-228) to allow a Type 41 (On-Sale Beer and Wine) Alcoholic
Beverage Control (ABC) license and extend the closing hour from 9:00 p.m. to 11:00
p.m., daily, at an existing food service, eating and drinking establishment, Z Pizza. The
restaurant completed minor tenant improvements in 2014. No late hours of operation
(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 not located within the coastal zone.
5. A public hearing was held on February 12, 2015, 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 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
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2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the addition of a Type 41 (On Sale Beer and
Wine) alcohol license and the extension of the closing hour of operation to 11:00 p.m.,
daily, for an existing restaurant. These changes of operational characteristics are well
within the thresholds identified in CEQA Guidelines Section 15301.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of such findings are set forth:
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 subject property is located in Reporting District 35 (RD 35). The Part One Crime
Rate (Part One Crimes are the eight most serious crimes defined by the FBI Uniform
Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny-theft,
auto theft, and arson) in RD 35 is higher than adjacent Reporting Districts 36 and 38
but lower than the City overall.
2. Year-to-date, zero (0) Part One Crimes and one (1) Part Two Crime has been reported
at the subject property.
3. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has no objection to the addition of alcoholic beverage service and
proposed hours of operation.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 35 is
higher than adjacent Reporting District 38 but lower than Reporting District 36. The
Police Department has reviewed the proposal and has no objection.
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2. Year-to-date, four (4) calls for service, representing less than one (1) percent (4/1,141
= 0.3 percent) of all calls for service in the Reporting District have been reported near
the subject property. There have been no arrests or citations reported at the subject
property.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. The site is developed with a commercial shopping center which is consistent with the
General Plan designation, Neighborhood Commercial. Properties within the shopping
center consist of retail, service, and eating and drinking establishment uses. The
Newport Beach Tennis Club is located 120 feet north of the subject property, along
Eastbluff Drive. The Eastbluff Park and Boys and Girls Club is located 100 feet to the
west, across Vista Del Oro. Corona del Mar High School is located approximately
1,500 feet south of the Eastbluff Shopping Center, along Eastbluff Drive. Our Lady
Queen of Angels Church is located approximately 2,800 feet south of the shopping
center, along Eastbluff Drive. The nearest residential and recreational uses are
buffered from the shopping center by support buildings, Eastbluff Drive, and Vista del
Sol. Eating and drinking establishments with incidental alcohol service have existed at
the subject location since original construction of the shopping center in 1966 and the
proposed change in Alcoholic Beverage Control license type is not anticipated to alter
the operational characteristics of the use, such that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. Multiple eating and drinking establishments within the shopping center, including Bistro
Le Crillon (Type 47, On Sale General) and Provenance (Type 47, On Sale General),
sell alcoholic beverages. Z Pizza has requested a Type 41 (On Sale Beer and Wine)
license. There is no evidence suggesting the existing alcohol outlets have been
detrimental to surrounding properties or the neighborhood.
V. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. An eating and drinking establishment has operated at the subject location since 2002.
2. The project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a
healthy environment for residents and businesses is preserved. The service of alcohol
is intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale of
alcoholic beverages will ensure compatibility with the surrounding uses and minimize
alcohol-related impacts.
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3. The proposed hours of operation for the establishment will minimize the potential
effects on adjacent land uses. The establishment closes by 11:00 p.m., daily, which
will ensure the use does not become a late night bar, tavern, or nightclub.
4. The establishment is located within an existing shopping center which is developed
with other commercial uses. Adding alcohol service will not alter the existing operation,
but will complement the food service and provide a convenience to customers.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The General Plan designates the site as Neighborhood Commercial (CN) which is
intended to provide for a limited range of retail and service uses developed in one or
more distinct centers oriented to primarily serve the needs of and maintain
compatibility with residential uses in the immediate area.
2. The existing eating and drinking establishment is located within the Eastbluff Shopping
Center and serves those working, residing in, or visiting the surrounding
neighborhood, consistent with the CN land use designation.
3. The subject property is not part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
1. The site is located in the Commercial Neighborhood (CN) Zoning District which is
intended to provide for areas appropriate for a limited range of retail and service uses
developed in one or more distinct centers oriented to serve primarily the needs of and
maintain compatibility with residential uses in the immediate area. Eating and drinking
establishments without late hours are permitted uses subject to the approval of a
minor use permit.
2. The existing eating and drinking establishment operates pursuant to Use Permit
No. UP2002-047 (PA2002-228), which allowed a full-service small-scale eating and
drinking facility and established hours of operation between 7:00 a.m. and 9:00 p.m.,
daily.
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3. The use will remain an eating and drinking establishment and the addition of a Type 41
(On Sale Beer and Wine) ABC license will not alter or intensify the existing use.
4. The closing hours up until 11:00 p.m. for eating and drinking establishments may be
authorized with the approval of a minor use permit. The proposed hours are consistent
with surrounding land uses in the vicinity.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding:
1. Eating and drinking establishments with the service of alcohol have operated at the
shopping center since original construction in 1966 and have not proven detrimental to
the area.
2. The principal use will remain an eating and drinking establishment and the change in
license type will not alter the design, size, or operating characteristics of the facility.
4. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to ensure the welfare of the surrounding community and that the eating
and drinking establishment does not become a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control
Department to ensure the safety and welfare of customers and employees of the
establishment. The project has been conditioned so that no dancing or live
entertainment will be permitted on the premises.
5. The proposed closing hour of operation does not involve late hours after 11:00 p.m. and
is consistent with the hours of operation for other restaurants within the shopping center.
6. The conditions of approval reflected in "Exhibit A" of this resolution ensure that
potential conflicts with surrounding land uses are eliminated or minimized to the
greatest extent possible.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
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Facts in Support of Finding:
1. The existing eating and drinking establishment is located within an existing shopping
center and has demonstrated that it is physically suitable in terms of design, location,
shape, and size to support the use and hours of operation.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on-site.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
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 eating and drinking establishment will continue to service patrons of the shopping
center, surrounding commercial buildings, and provide dining services as a public
convenience to the surrounding neighborhood. The service of alcohol will complement
the principal use of the facility and provide an economic opportunity for the property
owner to maintain a successful business in a way which best serves the community.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014-045 (PA2014-206), 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 following the date this Resolution
was adopted 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.
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3. This resolution supersedes Use Permit No. UP2002-047 (PA2002-228), 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 FEBRUARY, 2015.
h
re d Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Minor
Use Permit.
3. This Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
4. The net public area shall be limited to a maximum of 667 square feet.
5. The eating and drinking establishment as proposed will contain 1,394 gross square
feet. Any change in operational characteristics, expansion in area, or other
modification to the approved plans, may require an amendment to this Minor Use
Permit or the processing of a new use permit.
6. Hours of operation shall be limited to between 7:00 a.m. and 11:00 p.m., daily. Any
increase in the hours of operation shall be subject to the approval of an amendment to
this Minor Use Permit or the processing of a new use permit.
7. The use of the rear door shall be limited to deliveries and employee use only, use by
customers as an entry shall be prohibited.
8. The use of the rear door is prohibited between 10:00 p.m. and 8:00 a.m., daily, except
by employees exiting the facility or depositing trash after the closing of the restaurant.
9. Maximum seating and/or stand-up counter space for no more than eighteen (18)
customers shall be maintained inside the subject eating and drinking establishment
(Exclusive dining or seating outside of the facility is prohibited).
10. A minimum of one (1) parking space for each 250 square feet of gross floor area (six
(6) spaces shall be provided on-site). All employees shall park on-site.
11. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control (ABC) shall be a Type 41 (On Sale Beer and Wine) in conjunction
with the service of food.
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12. Should the Alcoholic Beverage Control (ABC) license be transferred, any future
license holders, operators or assignees shall be notified of the conditions of this
approval by either the current licensee, business operator, or the leasing company.
Future licensees, operators or assignees shall submit, within thirty (30) days of
transfer of the ABC license, a letter to the Planning Division acknowledging their
receipt and acceptance of the limitations, restrictions and conditions of approval of this
minor use permit.
13. The alcoholic beverage sales for the purpose of on-site consumption shall be limited to
the designated dining areas indicated on the floor plan submitted with the application.
Any change in the operation of on-sale alcoholic beverage sales or increase in the
dining area devoted to alcohol sales for customers shall be subject to the approval of
an amendment to this minor use permit issued by the Zoning Administrator.
14. A covered wash-out area for refuse containers and kitchen equipment shall be
provided and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Division and Public Works Department in conjunction with
the approval of an alternative drainage plan. This covered washout area can be
located either inside or outside of the facility but must be fully enclosed, when in use,
to prevent rainwater from entering the sewer system.
15. The facility shall comply with the provisions of Chapter 14.30 (Fats, Oils and Grease
Control) for commercial kitchen grease disposal. A grease interceptor shall be
installed, unless otherwise approved by the Building Division. Any changes to the
facility or use, including menu changes or the addition of cooking facilities, that may
result in the introduction of grease or similar byproducts shall be reviewed for
conformance with Chapter 14.30 and may at that time require the installation of a
grease interceptor.
16. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Division.
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
18. 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.
19. 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.
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20. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
21. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the alcoholic beverage outlet and adjacent properties during business
hours. If the operator fails to discourage or correct nuisances, the Zoning Administrator
may review, modify, or revoke this minor use permit in accordance with Chapter 20.96
of the Zoning Code.
22. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within twenty(20)feet of the premises.
23. 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.
24. No outside paging system shall be utilized in conjunction with this establishment.
25. This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 Planning and Zoning of the
Newport Beach Municipal Code.
26. Future owners or assignees shall be notified of the conditions of this approval by the
current business owner, property owner or the leasing company, in the event this
business is sold or otherwise comes under different ownership.
27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless the 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 the City's approval of the Z Pizza Minor Use Permit
including, but not limited to Minor Use Permit No. UP2014-045 (PA2014-206). 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, the City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of the City's costs, attorneys' fees, and damages which the City incurs in
enforcing the indemnification provisions set forth in this condition. The applicant shall pay
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to the City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Police Department Conditions
28. This approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Beach Municipal Code.
29. Food service from the regular menu must be available to patrons up to thirty (30)
minutes before the scheduled closing time.
30. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
31. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The license 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.
33. 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.
34. There shall be no live entertainment allowed on the premises.
35. There shall be no dancing allowed on the premises.
36. Strict adherence to maximum occupancy limits is required.
37. The applicant shall post and maintain professional quality signs measuring 12 inches
by 12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic
Beverages Beyond This Point' at all exits leading from the dining area.
38. 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.
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39. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcohol beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The retail market shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
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