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HomeMy WebLinkAbout1971 - A REQUEST TO ADD A TYPE 41 (ON-SALE BEER AND WINE FOR BONA FIDE PUBLIC EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE TO AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT (SESSIONS SANDWICHE - 2823 Newport Blvd (2) RESOLUTION NO. 1971 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-050 TO ADD ALCOHOL SALES TO AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2823 NEWPORT BOULEVARD (PA2014-153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sessions Sandwiches, with respect to property located at 2823 Newport Boulevard, and legally described as Lots 18, 19, 20, and 21 of subdivision of Block 227, Section "A" Newport Beach, as shown on a map recorded in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County requesting approval of a minor use permit. 2. The applicant proposes to add a Type 41 (On-sale Beer and Wine for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment and modify the hours of operation to between 6:00 a.m. and 9:00 p.m., daily. No other operational changes are requested or proposed. 3. The subject property is located within the Commercial Visitor-Serving (CV) Zoning District and the General Plan Land Use Element category is Visitor Serving Commercial (CV). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-A). 5. On December 23, 2014, the Zoning Administrator directed the application to the Planning Commission for consideration and review based on the level of public interest regarding the item. 6. A public hearing before the Planning Commission was noticed in accordance with the Newport Beach Municipal Code for January 22, 2015. At the request of the applicant, the Planning Commission continued the item to February 19, 2015. 7. A public hearing was held February 19, 2015, 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 Planning Commission. At the conclusion of the public hearing the Planning Commission directed staff to return to the March 5, 2015, meeting with a resolution of approval which reflects the required findings and modified conditions of approval. Planning Commission Resolution No. 1971 Page 2 of 12 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. Sessions Sandwiches is an existing food establishment. The proposed project involves the addition of an ABC License to sell and serve alcohol. 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) and two adjacent reporting districts exceed the City average. However, RD 15 contains a large number of visitor and tourist-serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the area. The intent of the zoning designations in this beach area, as well as the two adjacent reporting districts, is to provide various commercial and retail uses to support the surrounding residential area and 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 resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than other areas of the City. However, the area is considered one of the more attractive tourist 07-22-2014 Planning Commission Resolution No. 1971 Page 3 of 12 areas in the City, which results in a higher number 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 establishment is located near a residential district, the property is situated in a commercial zoning district along a commercial corridor with other nonresidential uses. Nearby residential uses are buffered from the subject property by existing nonresidential uses and Newport Boulevard. The nearest park, Lido Park, is located approximately 1,150 feet to the east, and the nearest school, Newport Elementary, and place of worship, Our Lady of Mount Carmel Church, are located approximately one mile to the south, with the closest public beach located approximately 800 feet to the west. There are no other sensitive land uses located within close proximity of the subject property. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Several other establishments along Newport Boulevard and Balboa Boulevard 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. 2. The proximity to other establishments selling alcohol does not raise a concern due to characteristics of the use, which is limited to 523 square feet of net public area and hours of operation between 6:00 a.m. and 9:00 p.m., daily. Conditions of approval will further prevent the establishment from operating as a bar or lounge. V, Whether or not the proposed amendment will resolve any current objectionable conditions, 1. The subject building has historically been used by commercial businesses. There is no evidence that suggest the proposed commercial use will create objectionable conditions. 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 relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts. 07-22-2014 Planning Commission Resolution No. 1971 Page 4 of 12 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 Land Use Element designates the site as Visitor Serving Commercial (CV) which is intended to provide for accommodations, goods, and services to primarily serve visitors to the City of Newport Beach. 2. The proposed addition of alcohol sales and service to the existing eating and drinking establishment is consistent with the CV designation as it is intended to provide service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. 3. Eating and drinking establishments are common within the vicinity and are complementary to the surrounding commercial uses along the Newport Boulevard business corridor. 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. The zoning designation for the subject property is Commercial Visitor-Serving (CV) which is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Pursuant to Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), food service, eating and drinking establishments with alcohol service and no late hours (after 11:00 p.m.) are permitted subject to the approval of a minor use permit. 2. The eating and drinking establishment operates under an existing minor use permit. The addition of an ABC license and a reduction in hours of operation will not affect compliance with conditions established by the existing minor use permit. 07-22-2014 Planning Commission Resolution No. 1971 Page 5 of 12 3. The use will remain an eating and drinking establishment and as conditioned the project will continue to 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 surrounding area contains various, retail, business office and visitor serving commercial uses including eating and drinking establishments that serve alcoholic beverages. The proposed addition of alcohol service would be consistent with the existing and permitted nonresidential uses within the area. 2. The eating and drinking establishment will adhere to hours of operation between 6:00 a.m. and 9:00 p.m., daily, consistent with the hours of other similar establishments and uses in the commercial area. If the operation were to operate later than 9:00 p.m., the Planning Commission would not have approved the sale of alcohol due to the higher than average crime rate in Reporting District 15 and the establishment's proximity to residential uses. 3. The operational conditions of approval 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 that the business remains a food service, eating and drinking establishment and does not become a bar, club, or tavern. 4. The establishment is required to comply with the City's noise ordinance 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 Facts in Support of Finding: 1. The eating and drinking establishment is currently operating and the tenant space was previously reviewed and permitted. 2. Prior to occupancy, the tenant space and subject property were reviewed to ensure adequate public and emergency vehicle access, public services, and utilities were provided for on-site. The tenant improvement plans were reviewed for compliance with applicable building and fire codes. 07-22-2014 Planning Commission Resolution No. 1971 Pa e6of12 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. 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. The applicant is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. All owners, managers, and employees selling or serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-050, 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. 3. This resolution supersedes Zoning Administrator Resolution No. ZA2013-053, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. 07-22-2014 Planning Commission Resolution No. 1971 Page 7 of 12 PASSED, APPROVED, AND ADOPTED THIS 5" DAY OF MARCH, 2015. AYES: BROWN, KOETTING, KRAMER, LAWLER, MYERS, TUCKER NOES: HILLGREN ABSTAIN: ABSENT BY:_ _ __,/ 2 Larry Tucker, Chairman l BY: J ers S cretary 07-22-2014 Planning Commission Resolution No. 1971 Page 8 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Minor Use Permit No, UP2013-012, Resolution No. ZA2013-053, have been incorporated into the conditions herein) 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. This Minor Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 4. Minor Use Permit No. UP2014-050 shall expire unless exercised within 24 months from the date of approval as specified in Section 20. 54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should the 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. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 8. Live entertainment and dancing shall be prohibited at the premises. 9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Net public area shall be limited to 523 square feet. 07-22-2014 Planning Commission Resolution No. 1971 Page 9 of 12 11. The hours of operation for the food service use are limited to between 6:00 a.m. and 9:00 p.m., daily. 12. No outside paging system or music shall be utilized in conjunction with this establishment. 13. The applicant shall take reasonable steps to ensure that noise created by music and or video in the interior of the establishment does not impact surrounding residential land uses. 14. 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. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 16. A gate shall be installed to enclose the existing trash enclosure and shall be locked when not in use. 17. The walls of the existing trash enclosure shall be increased in height so no portion of the trash dumpster is visible from the public right of way. 18. The trash dumpster within the trash enclosure shall be covered with a solid lid. 19. 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). 20. 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. 21. 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. 22. 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. 23. All proposed signs shall conform to Title 20, Chapter 20.42 ( Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 07-22-2014 Planning Commission Resolution No. 1971 Pa e10of12 24. The establishment's compliance with these conditions of approval shall be subject to review by the Planning Commission within 12 months of the alcohol beverage license being issued and activated. 25. 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 Sessions Sandwiches including, but not limited to, the UP2014-050 (PA2014-153). 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 AND FIRE DEPARTMENT 26. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 27. The construction plans must meet all applicable State Disabilities Access requirements. 28. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 29. All exits shall remain free of obstructions and available for ingress and egress at all times. 30. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7: 00 a. m. and 6: 30 p. m., Monday through Friday and 8: 00 a. m. and 6: 00 p. m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. REVENUE DIVISION 31. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the 07-22-2014 Planning Commission Resolution No. 1971 Page 11 of 12 subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. PUBLIC WORKS DEPARTMENT 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Newport Boulevard frontages. 34. An encroachment permit is required for all work activities within the public right-of-way. 35. All improvements shall comply with the City's sight distance requirement, pursuant to City Standard 110-L and Municipal Code section 20.30.130. 36. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Inspector. 37. All on-site drainage shall comply with the latest City Water Quality requirements. 38. The existing water meter servicing the project site shall be protected with a reduced pressure backflow assembly and shall be sized to match the water meter. 39. Both driveway approaches /curb openings shall be modified to align with the new drive aisle alignment. The modified driveway approaches shall be installed per City standard. 40. The proposed bicycle parking located at the westerly side of the property shall be positioned to ensure that the bicycle rack and bicycles do not encroach into the public right-of-way. 41. The parking lot shall be reconfigured consistent with the approved site plan, including removal of the brick planter wall. POLICE DEPARTMENT 42. The approval of Minor Use Permit No. UP2014-050 does not permit Sessions Sandwiches 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. 43. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 44. Alcoholic beverages shall only be served and consumed inside the subject establishment. 07-22-2014 Planning Commission Resolution No. 1971 Page 12 of 12 45. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 46. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 47. 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. 48. The quarterly gross sales of alcoholic beverages shall not exceed 30 percent of 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. 49. 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. 50. Strict adherence to maximum occupancy limits is required. 51. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. 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. 52. The use of pitchers or other large volume serving devices shall be prohibited. 53. Alcoholic beverages shall be sold with food, and not sold separately. 07-22-2014