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HomeMy WebLinkAbout01 - Mayur Indian Cuisine - PA2015-004 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 �q�fFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT March 26, 2015 Agenda Item No. 1 SUBJECT: Mayur Indian Cuisine - (PA2015-004) 2931 E. Coast Highway • Minor Use Permit No. UP2015-0002 APPLICANT: Henna Anisa Kappor & Anju K. Sami PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan(a�newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: CC (Commercial Corridor) • General Plan: CC (Corridor Commercial) PROJECT SUMMARY Amendment to Use Permit No. UP3009A to change the Alcoholic Beverage Control (ABC) license for an existing eating and drinking establishment (Mayur Indian Cuisine) from a Type 41 (On Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General — Eating Place). There are no changes to the operation proposed with this application. The existing restaurant does not have late hours (after 11:00 p.m.). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. — approving Minor Use Permit No. UP2015-002 (Attachment No. ZA 1). DISCUSSION • The site is located in Commercial Corridor (CC) Zoning District which was intended to provide for commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 1 Mayur Indian Cuisine Zoning Administrator, March 26, 2015 Page 2 • The existing eating and drinking establishment operates pursuant to Use Permit No. UP3009 originally approved in December 1982 which allowed an existing restaurant to add a beer and wine license. In May 1984, Use Permit No. 3009A-1 was approved to expand the existing restaurant and in April 1990, Use Permit No. 3009 A-11 was approved to further expand. Mayur Indian Cuisine operated as of the May 1984 Use Permit and therefore established for more than 30 years with the only change in the operation being the aforementioned expansions. • The use will remain an eating and drinking establishment and the change in ABC license type will not alter or intensify the existing use. The hours of operation will remain the same with a closing hour of 11:00 p.m., daily and there will be no change to the floor plan including the existing net public area (693-square-feet) and the seating. • The floor plan of Mayur includes a dining room with tables and chairs with no separate bar area or counter. • Mayur currently holds a Type 41 (On Sale Beer and Wine — Eating Place) license and has requested a change to a Type 47 (On-Sale General — Eating Place) license. • Pursuant to Zoning Code Section 20.48.030 (Alcohol Sales) owners or operators of existing alcohol sales establishments shall be required to amend an existing permit if there is a change in type of retail liquor license from the Department of Alcoholic Beverage Control. • 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. • 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. • This Minor Use Permit supersedes Use Permit No.UP3009A-11, which will become null and void should this subject application be approved and exercised. TmpIt:04-17-14 Mayur Indian Cuisine Zoning Administrator, March 26, 2015 Page 3 ENVIRONMENTAL REVIEW This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of retail liquor license at an existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 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: "' Z=z 10� Melinda Whelan Assistant Planner GR/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Police Department Memo ZA 4 Crime Statistics ZA 5 Project Plans TmpIt:04-17-14 V� QP �P Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-002 TO CHANGE THE ALCOHOL BEVERAGE CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT FROM A TYPE 41 TO A TYPE 47 LOCATED AT 2931 E. COAST HIGHWAY (PA2015-004) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Henna Anisa Kapoor & Anju K. Sami, with respect to property located at 2931 E. Coast Highway, and legally described as Resubdivision 0179 Parcel 1 Block G requesting approval of an amendment to an existing use permit. 2. The applicant proposes to amend previously approved Use Permit No. UP3009A-II to change the Alcoholic Beverage Control (ABC) license at an existing eating and drinking establishment (Mayur Indian Cuisine) from a Type 41 (On Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General — Eating Place). No changes to the existing operation are proposed including no late hours. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone and designated as Corridor Commercial (CC-B) - (0.0 - 0.75 FAR). 5. A public hearing was held on March 26, 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. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of alcohol beverage control license at an existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA Zoning Administrator Resolution No. ZA2015-0## Page 2 of 11 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 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 44 (RD 44). The Part One Crimes (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) crime rate in RD 44 is higher than adjacent Reporting Districts 43, 45, 47 but lower than the City overall. 2. Year to date, zero Part One Crimes have 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 change in alcoholic beverage license type proposed. 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 44 is higher than adjacent Reporting Districts 43, 45, and 47 but less than the City overall. The Police Department has reviewed the proposal and has no objection. 2. Year to date, one call for service representing less than one percent of all calls for service in the Reporting District have been reported at the subject property. The one call for service resulted in one arrest for public intoxication. 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 within a small-scale commercial shopping center along East Coast Highway in Corona Del Mar which is consistent with the General Plan 07-22-2014 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 11 designation, Corridor Commercial. The shopping center consists of retail, service, and eating and drinking establishment uses. The property is not located within close proximity to any day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that attract minors. The nature of the Commercial Corridor area is to provide goods and services including eating and drinking establishments designed to foster pedestrian activity from the surrounding residential and commercial neighborhood. The nearest residential uses are behind the shopping center site which is consistent with the design of the Corona del Mar Commercial Corridor area. Eating and drinking establishments with incidental alcohol service have existed at the subject location since 1982 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. The small-scale shopping center is occupied by one other establishment that sells alcohol, Pirozzi Restaurant (Type 47). There is no evidence suggesting this use has 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 with alcohol service has operated at the subject location since 1982. 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. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. 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 small-scale shopping center which is developed with other commercial uses. Changing the alcohol beverage control license 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: 07-22-2014 9 Zoning Administrator Resolution No. ZA2015-0## Page 4 of 11 Findinq: 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 Corridor Commercial (CC) which is intended 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 existing eating and drinking establishment is located within the Commercial Corridor of Corona del Mar serves those working, residing, or visiting the surrounding neighborhood, consistent with the CC land use designation. 3. The subject property is not a 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 Commercial Corridor (CC) Zoning District which was intended to provide commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 2. The existing eating and drinking establishment operates pursuant to Use Permit No. UP3009A-II which allowed the sale and service of food and beverage with incidental beer and wine sales, and hours of operation that are permitted to extend to 11:00 p.m. daily. 3. The use will remain an eating and drinking establishment and the change in alcohol beverage control license will not alter or intensify the existing use. Further, there will be no change to the floor area including the existing net public area and seats or the hours of operation. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 07-22-2014 2� Zoning Administrator Resolution No. ZA2015-0## Page 5 of 11 Facts in Support of Finding: 1. Eating and drinking establishments with the service of alcohol have operated at the location since 1982 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. 3. 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. 4. 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. Facts in Support of Finding: 1. The existing eating and drinking establishment is located within an existing small-scale shopping center and has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the use. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for 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. 07-22-2014 22 Zoning Administrator Resolution No. ZA2015-0## Page 6 of 11 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. 5. The eating and drinking establishment will continue to service the neighborhood by providing dining services as a public convenience to the surrounding residential neighborhood as well as visitors which is the intent of the Commercial Corridor area. The service of alcohol will continue to 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. UP2015-002 (PA2015-004), 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 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 Use Permit No. UP3009 A-II, which upon vesting of the rights authorized by Minor Use Permit No. UP2015-002 (PA2015-004), shall become null and void PASSED, APPROVED, AND ADOPTED THIS 26`h DAY OF MARCH, 2015. By: Brenda Wisneski, AICP, Zoning Administrator 07-22-2014 12 Zoning Administrator Resolution No. ZA2015-0## Page 7 of 11 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. 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. 5. Hours of operation shall be limited to a closing hour of 11:00 p.m., daily. Any increase in the closing hour of operation shall be subject to the approval of an amendment to this Minor Use Permit or the processing of a new use permit. 6. All employees shall park on-site. 7. A minimum one parking space for each 48 square feet of "net public area" shall be provided on-site. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets in accordance with Newport Beach Municipal Code Section 20.30.020 (Buffering and Screening), and shall be sound attenuated in accordance with Chapter 10.26 (Community Noise Control). 9. 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. 07-22-2014 13 Zoning Administrator Resolution No. ZA2015-0## Page 8 of 11 10. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Division. 11. 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. 12. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control (ABC) shall be a Type 47 (On-Sale General) in conjunction with the service of food. 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. Bar counters for the service of alcoholic beverages shall be prohibited. 15. 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. 16. 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. 17. 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. 18. 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. 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 07-22-2014 -14 Zoning Administrator Resolution No. ZA2015-0## Page 9 of 11 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 twenty (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 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. There shall be no live entertainment. 24. No outside paging system shall be utilized in conjunction with this establishment. 25. 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. 26. 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. 27. 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 Mayur Indian Cuisine including, but not limited to Minor Use Permit No. UP2015-002 (PA2015-004). 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. 07-22-2014 15 Zoning Administrator Resolution No. ZA2015-0## Page 10 of 11 Police Department Conditions 28. This approval does not permit the premises to operate as a bar, lounge, or nightclub as defined by the Newport Beach Municipal Code. 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 30. 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. 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. Dancing shall be prohibited, unless otherwise approved in conjunction with a Special Events Permit. 33. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 34. 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. 35. 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. 36. 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. 37. Strict adherence to maximum occupancy limits is required. 38. 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 07-22-2014 10 Zoning Administrator Resolution No. ZA2015-0## Page 11 of 11 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. 07-22-2014 2� V� QP �P sg Attachment No. ZA 2 Vicinity Map 19 V� QP �P �o Al. r Aft r Ar Minor Use Permit No. UP2015-002 PA2015-004 2931 E. Coast Highway �1 V� QP �P Attachment No. ZA 3 Police Memo 23 V� QP �P City of Newport Beach Police Department Memorandum February 11, 2015 TO: Melinda Whelan, Assistant Planner FROM: Detective Randy Parker SUBJECT: Mayur Cuisine, 2931 E. Coast Highway, Use Permit No. UP2015-002 (PA2015-004). At your request, the Police Department has reviewed the project application for Mayur Cuisine, located at 2931 E. Coast Highway, Newport Beach. Per the project description, the applicant is requesting a minor use permit for an existing restaurant to change their ABC license from a Type 41 (On-Sale Beer and Wine) to a Type 47 (On-Sale General). The project proposes no other changes and the existing restaurant operates under existing Use Permit No. 3009A, open daily and closing no later than 11:00 p.m. The applicant will apply for a Type 47 (On-Sale General-Eating Place) license with the Department of Alcoholic Beverage Control. The license will be conditioned appropriately to protect the health, safety and welfare of the community. 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 68% over the average of all reporting districts in the City. Additionally, this location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History Mayur Cuisine was established in 1984. The restaurant offers a sophisticated fine dining experience with effortlessly charming staff, discreet service and tantalizing food that few can compete with. Mayur is the favorite dining destination for North Indian Cuisine in Orange County. Recommendations The Police Department has no objection to the operation as described by the applicant. 2� Mayur Cuisine UP2015-002 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 are from 11:30 a.m. to 10:00 p.m. seven days a week. Security The Police Department has no recommendations. 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. 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 Mayur Cuisine 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 2 2� Mayur Cuisine UP2015-002 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. 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 Detective Randy Parker at (949) 644- 3706. Randy Parker, ABCNice/Intelligence Jon Lewis, Deputy Chief Detective Division Detective Division Commander 3 27 V� QP �P �g Attachment No. ZA 4 Crime Statistics 29 V� QP �P 30 NEWPORT BEACH POLICE DEPARTMENT "6w"°•. O' �p a � Cr,m Arw4si,kUnit � 4 a Chief JayRlahnson 870 Santa Barbara Drive• Newport Beach•CA 92660 949.644.3791 'e.ea.�`! 2014 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License Per Subject: Intoxication Related Licenses Capita 2931 E Coast Hwy 1 0 1 not applicable 1 0 1 0 0 1 not applicable Subject RD: 4,792 95 153 1,756.98 96 16 27 1 50 39 139 RD44 Adjacent RD: 22 26 2,158.98 12 3 1 0 5 3 340 RD43 Adjacent RD: RD45 459 11 12 1,023.26 11 2 0 0 2 1 1,075 Adjacent RD: 988 22 27 1,423.95 9 1 1 0 0 1 1,545 RD47 Newport Beach 82,761 2,069 3,572 2,423.40 2,422 373 566 12 893 450 193 California 1,210,409 aoravolloble 3,181.82 1,183,470 104,345 99,017 15,904 not nicalable 82,597 466 National not owltabte 10,189,900 noravod.ble 3,246.08 12,408,899 1,215,077 534,218 500,648 notovailable not applicable not applicable SumtrtarV for Mayur Restaurant at 2931 E Coast Hwy (RD44) In 2014, RD44 had a total of 248 reported crimes,compared to a city-wide reporting district average of 148 reported crimes. This reporting district is 100 crimes,or 68%,OVER the city-wide average. The number of active ABC licenses in this RD is 39,which equals a per capita ratio of one license for every 139 residents. Orange County averages one license for every 494 residents and California averages one license for every 466 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 I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide, Rope,Robbery,Aggravated Assault Burglary, Larceny-Theft Auto Theft,and Arson. This report reflects City of Newport Beach data for 2014,through December 31. California and National figures are based on the 2012 Uniform Crime Report which is the most recent edition. Crime Rote 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. 2/13/2015 31 Lri�ri; on of Injr,n>,o t;o Calls for Service �. at 2931 E Coast Hwy Burg/Theft From Auto PERSON DOWN 1 Burg/Theft From Auto Burg/Theft From Auto Burg/Theft From Auto 32 Attachment No. ZA 5 Project Plans 33 V� QP �P 31{ PA2015-004 � ' , , • Attacfent No. Z PfibijE ctl Plans Storag@ jCC ST _ ELI REsr I 1"' 1 OC �1 IoM % SOA 1 -... --Nap t OAT ,c °N Existing Dining ry. 1] lQb9rN'4 cONK Jd � ' . .�% . I' •I , ! ARCHITECT '. _ _-Ut' Aemo� V1 W/�LL.67.-��,- " ''ti BX/Sr; SI{JN ---- 1 WIN1�oWS Kitchentr I I Bn' Sr 9�hN °- I I Hleehnuc,a radioFT �T, . o. 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