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HomeMy WebLinkAboutZA2015-016 - USE PERMIT FOR ROGER'S GARDENS CAFE - 2301 San Joaquin Hills Rd RESOLUTION NO. ZA2015-016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-049 FOR AN EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS AND WITH ALCOHOL SALES LOCATED AT 2301 SAN JOAQUIN HILLS ROAD (PA2014-210) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gavin Herbert Jr. of Roger's Gardens with respect to property located at 2301 San Joaquin Hills Road, and legally described as Parcel 1 of Parcel Map 79-718 (CNB Resubdivision 630), requesting approval of a Minor Use Permit. 2. The applicant requests approval of a Minor Use Permit application for a Food Service (no late hours) eating and drinking establishment with alcohol sales (Type 47 ABC License— On-Sale General). The request includes the construction of an approximately 1,660 square foot kitchen/serving building including an approximately 944 square foot basement. The proposed dining area consists of a partially enclosed bar/lounge area and exterior patio seating with a combined total of 108 seats. The restaurant is intended to be a complementary use to the established nursery and retail use. Parking will be provided in the existing parking lots. The proposed hours of operation are from 10:00 a.m. to 10:00 p.m. Sunday-Thursday and 10:00 a.m. to 11:00 p.m. Friday and Saturday. 3. The subject property is located within the Commercial General (CG) Zoning District and General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 26, 2015, in the Corona del Mar Conference Room (Bay E-1 st 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 is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). Zoning Administrator Resolution No. ZA2015-016 Pa e2of11 2. The Class 3 exemption applies to up to four (4) commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject property is zoned for retail and service commercial uses and the proposed project does not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves the development of one (1) commercial building with a total of 2,610 square feet, accessory trellis and shade structures, and minor parking lot changes within an urbanized area. 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 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 proposed establishment is located within Reporting District 47, wherein the number of crimes is lower than the two (2) most adjacent RDs (39 and 51) and slightly higher than one (1) adjacent RD (53). RD 47 has a lower crime rate than the City average. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The crime statistics are summarized in the table below: Calls for Part I Part II DUI Public Location Service Crimes Crimes Arrests Intoxication Arrests --R-D-47 988 15 13 1 1 RD39 5,581 167 191 23 15 RD51 917 31 26 5 1 RD53 1 . 601 1 15 1 12 1 0 Zoning Administrator Resolution No. ZA2015-016 Pa e3of11 2. The subject property is located in Reporting District 47 which is primarily residential. However, the site is located at the intersection of MacArthur Boulevard and San Joaquin Hills Road, which is adjacent to the easterly side of Fashion Island/Newport Center (RD39). The high concentration of commercial, retail and restaurant land uses in RD 39 result in a higher than average number of calls for service and crimes. Since RD 47 is primarily residential, there are a corresponding lower number of calls for service and arrests. The Newport Beach Police Department reported a total of sixteen (16) calls for service to the subject property in 2014. 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 proposed use is located adjacent to Harbor Pointe, a single-unit residential development. The nearest homes are approximately 150 feet to the west of the proposed restaurant and seating areas. The existing Roger's Gardens parking lot and 6-foot existing block wall would provide buffering and separation between the residences and the restaurant. The proposed use is not located in close proximity to day care centers, places of religious assembly, and schools. The nearest park is the Civic Center Park located across MacArthur Boulevard. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Several comparable restaurant establishments are located within the Fashion Island Shopping Center, including restaurant tenants such as Roy's Hawaiian Fusion, Fleming's Steakhouse and True Food Kitchen. In the adjacent Harbor View Center, Fresh Brothers Pizza offers beer and wine and Gelson's supermarket sells beer, wine and spirits. Conditions of approval are proposed to adequately manage the late hours and alcohol sales components of the proposed project. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The proposed project is for a new restaurant as a complementary use to Roger's Gardens, so there are currently no objectionable conditions related to alcohol service. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Zoning Administrator Resolution No. ZA2015-016 Page 4 of 11 Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the project site as General Commercial (CG), which is intended to provide a wide variety of commercial needs. The proposed restaurant with alcohol sales that will share the site with the existing Roger's Gardens nursery is a use that serves residents and visitors and is consistent with land uses allowed by the CG use designation. 2. The subject property is not located within a Specific Plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The project is located in the Commercial General (CG) Zoning District which is intended to provide areas for a wide variety of commercial activities. 2. Eating and Drinking Establishments (No Late Hours) with alcohol service are allowed uses within the Commercial General (CG) Zoning District, subject to the approval of a Minor Use Permit. 3. The design complies with all applicable development standards including setbacks, building height and floor area ratio. 4. Required parking is provided consistent with zoning code requirements and parking requirements established by Use Permit No. UP3648. 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. The proposed establishment provides a complementary dining use to the established Roger's Gardens nursery and retail use. The project provides the required number of parking spaces and is not proposing late hours (after 11:00 p.m.). 2. The establishment would occupy a new restaurant building adjacent to the westerly parking lot. The seating consists of partially enclosed and open air dining areas. The kitchen building, accessory trellis and shade structures, parking lot and property line block wall will provide separation and buffering between the restaurant and neighboring residences. Zoning Administrator Resolution No. ZA2015-016 Page 5 of 11 3. The operational characteristics of the proposed establishment would be that of a typical full service restaurant that would serve residents, visitors, shoppers, and employees in the area. 4. The operational conditions of approval will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. No dancing or live entertainment is proposed. The 10:00 p.m. weekday and 11:00 p.m. weekend closing hours would help ensure the establishment does not become a late night bar, tavern, or nightclub. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site provides adequate parking and circulation within the existing parking lots on site. The design, location, shape, and size have proven suitable for the existing nursery and retail uses on-site. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 2. The kitchen and service building and dining areas have been designed for a restaurant use with sufficient means of ingress and egress. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application and the project is required to comply with all applicable codes and regulations. 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 related to the operation of the restaurant. Zoning Administrator Resolution No. ZA2015-016 Page 6 of 11 2. The Police Department has reviewed the project and has no objection to the operation as described by the applicant. The Police Department believes that with the conditions of approval, the proposed project will not have a negative impact on the community and police services. 3. Compliance with the Municipal Code standards related to noise, lighting and other performance standards will help ensure that the proposed use will be compatible with the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-049, 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 fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF MARCH, 2015. BY: h #reWAiisneski, Al P, Zoning Administrator Zoning Administrator Resolution No. ZA2015-016 Page 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations and colored artist renderings 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 permit. 3. The Zoning Administrator may add to or modify conditions of approval to this Minor Use Permit, upon a determination that the operation which is the subject of this Minor Use Permit causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 4. Any changes in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, shall require an amendment to this Minor Use Permit, unless otherwise approved by the Planning Division. 5. Should the business, subject to the Minor Use Permit conditioned herein, be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 6. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Use Permit No. UP2014-049 conditions of approval apply only to the boundaries of the restaurant/lounge building and seating areas as depicted on the approved plans. The conditions of approval do not apply to the allowed nursery and retail uses located outside the subject area. 8. The applicant shall require employees to park at a designated private off-site location during peak business periods, and offer a shuttle to assist in the use of the lot, as needed. 9. The hours of operation shall be limited to between 10:00 a.m. and 10:00 p.m. Sunday- Thursday and 10:00 a.m. to 11:00 p.m. Friday and Saturday. 10. The restaurant and bar/lounge are limited to a combined maximum of 108 seats with a maximum of twenty-two (22) in the bar/lounge. 11. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all Zoning Administrator Resolution No. ZA2015-016 Page 8 of 11 applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 12. All improvements shall be constructed as required by Ordinance and the Public Works Department. 13. An encroachment permit is required for all work conducted in the public right-of-way. 14. A new sewer cleanout shall be installed per City Standard #406-L on the existing sewer lateral. 15. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Zoning Administrator first approves an amended Minor Use Permit. 16. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 17. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 18. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 19. 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. 20. 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. 21. There shall be no live entertainment allowed on the premises. 22. There shall be no dancing allowed on the premises. 23. Strict adherence to the maximum occupancy limits shall be required. 24. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall Zoning Administrator Resolution No. ZA2015-016 Pane 9 of 11 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. 25. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 26. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the restaurant in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 27. Prior to the issuance of building permits, Transportation Corridor Agency(TCA)fees shall be paid. 28. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) 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. 29. The operator of the food service use shall be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 30. 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, and debris from the premises and on all abutting sidewalks within twenty (20) feet of the premises. Graffiti shall be removed within forty-eight (48) hours of written notice from the City. 31. 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, if directly related to the operation of the restaurant. 32. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 33. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 34. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to Zoning Administrator Resolution No. ZA2015-016 Pane 10 of 11 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. 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Minor Use Permit. 36. Prior to the issuance of building permits, approval from the Orange County Health Department is required. 37. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 38. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 39. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Official and Public Works Director in conjunction with the approval of an alternate drainage plan. 40. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. 41. Kitchen exhaust fans shall be installed/maintained in accordance with the California Mechanical Code. A permit from the South Coast Air Quality Management District shall be obtained for the control of smoke and odor. 42. Portable propane heaters shall be prohibited on the outdoor patio unless otherwise approved by the Fire Department. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code unless otherwise approved by the Fire Department. 43. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 44. Due to the size of the basement, the project shall comply with Newport Beach Fire Department Guideline and Standards D.05 (Public Radio System Coverage) and California Fire Code Section 510 by providing a bidirectional amplification system (BDA). 45. Minor Use Permit No. UP2014-049 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2015-016 Pae 11 of 11 46. 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 Roger's Gardens Minor Use Permit including, but not limited to Minor Use Permit No. UP2014-049. 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.