Loading...
HomeMy WebLinkAbout01 - Hopdoddy Alcohol Sales MUP - PA2015-057 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 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 11 , 2015 Agenda Item No. 1: SUBJECT: Hopdoddy Alcohol Sales MUP - (PA2015-057) 311 Newport Center Drive Minor Use Permit No. UP2015-016 APPLICANT: Hopdoddy Newport Beach Fashion Island, LLC OWNER: Irvine Company PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC-56 (North Newport Center) • General Plan: CR (Regional Commercial) PROJECT SUMMARY A minor use permit application to allow a Type 47 (On-Sale General, Restaurant) Alcoholic Beverage Control (ABC) license for Hopdoddy, a food service, eating and drinking establishment. The eating and drinking establishment will occupy an approximately 3,589-square-foot tenant space and a 1,947-square-foot outdoor patio. The proposed hours of operation for the tenant are from 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11 :00 a.m. to 11 :00 p.m., Friday and Saturday. No late hours (after 11:00 p.m.) are proposed as part of this application. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2015- approving Minor Use Permit No. UP2015-016 (Attachment No. ZA 1). 1 Hopdoddy Alcohol Sales MUP Zoning Administrator, June 11 , 2015 Page 2 DISCUSSION • The subject property is located within the Fashion Island Shopping Center and is bounded by Newport Center Drive to the south. The area in the vicinity of the project site is developed with commercial retail uses within Fashion Island. Office uses are located across Newport Center Drive. • Hopdoddy will occupy an existing tenant space at the southeast portion of Fashion Island. The nearest access to the tenant space is obtained from Newport Center Drive at the intersection of San Miguel Drive. The tenant space will occupy approximately 3,559 square feet of gross floor area within an existing retail building. The interior of the establishment provides seating for approximately 100 patrons and the proposed outdoor dining patio will be 1,947 square feet in area and will provide seating for approximately 50 patrons. Tenant improvements are currently in plan check under Plan Check No. 0401-2015. • The Land Use Element of the General Plan designates the project site as Regional Commercial (CR), which is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. The proposed eating and drinking establishment with alcoholic beverage sales is a use that serves local and regional residents and is consistent with this land use designation. • The project is located in the Fashion Island Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District. Fashion Island is intended to be a regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. The eating and drinking establishment with alcoholic beverage sales is a commercial use that will serve visitors, residents, and employees and, therefore, is consistent with the purposes of the North Newport Center Planned Community District for the Fashion Island Sub-Area. • Eating and Drinking Establishments are permitted uses within the Fashion Island Sub-Area of the North Newport Center Planned Community Zoning District. Pursuant to the Planned Community Text, the sale of alcohol in conjunction with an eating and drinking establishment requires approval of a minor use permit. • Hopdoddy proposes alcohol service at this location as part of its overall menu offering which includes a specialized selection of handcrafted burgers with all-natural and organic ingredients. Hopdoddy currently has seven other locations in Arizona, Colorado, and Texas. This will be the first location in California. • Staff believes the project is compatible with existing and allowed uses within Fashion Island. Other uses in the center include a variety of restaurants, retail, and service uses within the Fashion Island Shopping Center. The Fashion Island Sub-Area is a TmpIt:04-17-14 Hopdoddy Alcohol Sales MUP Zoning Administrator, June 11, 2015 Page 3 regional commercial shopping center that is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. • The Police Department is familiar with the security plan in place for the overall center and conditions of approval are proposed to adequately manage the alcohol sales component of the proposed eating and drinking establishment. Any changes in the business operation will require the preparation of an individual security plan for the tenant. • The subject property is located within Reporting District No. 39 (RD39) and generally, crime statistics are higher in this district than adjacent districts due to the higher concentration of commercial uses within North Newport Center. The Newport Beach Police Department is aware of these circumstances, has reviewed the application, and has provided recommended conditions of approval to help minimize alcohol-related impacts should the application be approved. The alcohol-related statistics for RD39 are incorporated into the factors for consideration in the draft resolution prior to the Zoning Administrator hearing (Attachment No. ZA 1). A map of the Reporting Districts, alcohol-related statistics, and a memorandum, which includes the review and recommended conditions of approval of the Police Department, are attached as Attachment Nos. ZA 4, 5, and 6, respectively. • The proposed hours of operation for the business are 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m. Friday and Saturday. No late hours of operation (after 11:00 p.m.) are proposed as part of the application. • The proposed project complies with the development standards for on-sale alcohol sales and outdoor dining provided in Section 20.48.030 (Alcohol Sales) of the Zoning Code. 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 eating and drinking establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. • The Fashion Island shopping center provides required parking within the surface parking lots and parking structures on site. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - (New Construction or Conversion of Small Structures). The Class 3 exemption includes the conversion of existing small structures TmpIt:04-17-14 Hopdoddy Alcohol Sales MUP Zoning Administrator, June 11, 2015 Page 4 from one use to another where only minor modifications are made to the exterior of the structure. This applies to up to 10,000 square feet in urbanized areas. The proposed project involves the alteration of an approximately 3,589-square-foot tenant space within an existing retail structure. The additional area associated with the outdoor dining patio consists of 1,947 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15303. The project involves the addition of alcoholic beverages at a proposed eating and drinking establishment and a new outdoor dining patio at an existing retail building. Therefore, both the interior use and new outdoor dining patio qualify for a categorical exemption under Class 3. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: 4. Beja i M. eba As ' tant Planner GRlbmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Description ZA 4 Police Department Reporting Districts Map ZA 5 Police Department Alcohol Statistics ZA 6 Police Department Review ZA 7 Project Plans TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-016 FOR A TYPE 47 (ON-SALE GENERAL, RESTAURANT) ALCOHOL LICENSE LOCATED AT 311 NEWPORT CENTER DRIVE (PA2015-057) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Hopdoddy Newport Beach Fashion Island, LLC, with respect to property located at 311 Newport Center Drive and legally described as Parcel 3 of Resubdivision No. 836. 2. The applicant proposes a minor use permit application to allow a Type 47 (On-Sale General, Restaurant) Alcoholic Beverage Control (ABC) license for Hopdoddy, a food service, eating and drinking establishment with an outdoor dining area located within the Fashion Island Shopping Center. No late hours (after 11:00 p.m.) are proposed as part of this application. 3. The subject property is located within the Fashion Island Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District and the General Plan Land Use Element category is CR (Regional Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 11, 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 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). 2. The proposed project involves interior alterations of an approximately 3,589-square- foot tenant space within an existing retail structure. The additional area associated with the outdoor dining patio consists of 1,947 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15303. The project involves the addition of alcoholic beverages at a proposed eating and drinking establishment and a Zoning Administrator Resolution No. ZA2015- Page 2 of 10 new outdoor dining patio at an existing retail building. Therefore, both the interior use and new outdoor dining patio qualify for a categorical exemption under Class 3. 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 39, wherein the number of crimes is higher than adjacent Reporting Districts and the City; however, this may be attributable to a higher concentration of commercial land uses within a regional commercial shopping center which has a minimal amount of residential uses. RD 44 is smaller in land area when compared to RD 39 yet it maintains a comparable number of crimes as it contains the entire commercial corridor along East Coast Highway within Corona del Mar. RD 43 and 47 have a significantly lower number of crimes as they are primarily residential with few commercial uses. 2. The Newport Beach Police Department has reviewed the application and has provided operational conditions of approval to help minimize any potential detrimental impacts. 3. Year-to-date, zero (0) Part One Crimes and zero (0) Part Two Crimes have been reported at the subject tenant space; however, it should be noted that it has been vacant. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent RDs 43 and 47 which are primarily residential, but are comparable to those of RD 44. The Police Department has reviewed the application and has provided operational conditions of approval to help minimize any potential impacts. 07-22-2014 g Zoning Administrator Resolution No. ZA2015- Page 3 of 10 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. Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. Residential uses are permitted in the northern sections of the PC-56 (North Newport Center Planned Community) Zoning District within Blocks 500, 600, 800, and San Joaquin Plaza. The proposed use is not located in close proximity to these residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are several other restaurant establishments within the Fashion Island Shopping Center. These include tenants such as Roy's Hawaiian Fusion, Fleming's Steak House, True Food Kitchen, Whole Foods, Cheesecake Factory, P.F. Chang's, etc. These establishments have Type 41 (On-Sale Beer and Wine, Restaurant) or Type 47 (On-Sale General, Restaurant) alcohol licenses and there is no evidence suggesting these uses have been detrimental to the neighborhood. 2. The proposed hours of operation do not include late hours after 11:00 p.m. and an adequate security plan per the Police Department is in place for the Fashion Island Shopping Center. Conditions of approval are proposed to adequately manage alcohol service in the outdoor dining patio. V. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The proposed eating and drinking establishment is located within a new restaurant tenant space and is designed as a restaurant that includes on-site service and consumption of alcoholic beverages. 2. The Newport Beach Police Department has reviewed the application and has provided operational conditions of approval to help minimize any potential detrimental impacts. 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 such findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan: 07-22-2014 9 Zoning Administrator Resolution No. ZA2015- Page 4 of 10 Facts in Support of Finding 1. The Land Use Element of the General Plan designates the project site as Regional Commercial (CR), which is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. The proposed eating and drinking establishment with alcoholic beverage sales will serve local and regional residents and is consistent with land uses in the CR land use designation. 2. 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 project is located in the Fashion Island Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District. Fashion bland is intended to be a regional retail and entertainment center that is a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. The eating and drinking establishment with alcoholic beverage sales is a commercial use that serves visitors, residents, and employees in the area and, therefore, is consistent with the purposes of the North Newport Center Planned Community District. 2. Eating and Drinking Establishments are permitted uses within the Fashion Island Sub- Area of the North Newport Center Planned Community Zoning District. Pursuant to the Planned Community Text, the on-site sale of alcohol in conjunction with an eating and drinking establishment requires a minor use permit. 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 Fashion Island Sub-Area permits a range of retail, dining, and commercial entertainment uses within the PC-56 (North Newport Center Planned Community) Zoning District. The proposed use is compatible with surrounding permitted commercial uses in the vicinity and there are no sensitive land uses located nearby. 2. The on-site consumption of alcoholic beverages will be incidental to the eating and drinking establishment. The quarterly gross sales of alcoholic beverages will not exceed the gross sales of food during the same period, per the conditions of approval. Alcoholic beverage service will be under the supervision of employees who have completed a certified training program pursuant to Condition of Approval No. 14. 07-22-2014 10 Zoning Administrator Resolution No. ZA2015- Page 5 of 10 3. The eating and drinking establishment will not operate with late hours after 11:00 p.m. which will ensure that it does not operate as a bar, lounge, or nightclub. 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 Fashion Island shopping center provides adequate parking and circulation within the surface parking lots and parking structures on site. 2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. Utilities are provided with all applicable requirements. 41161h- Nk 3. The tenant space will be designed and developed for an eating and drinking establishment. 4. Improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment with alcohol service will serve visitors and the surrounding business community. The proposed establishment will 07-22-2014 22 Zoning Administrator Resolution No. ZA2015- Page 6 of 10 provide alcohol service as a public convenience to visitors and workers within the surrounding area. 3. Fashion Island management has historically provided efficient on-site security and cooperates with the Newport Beach Police Department. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No. UP2015-016 (PA2015-057), 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. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JUNE, 2015. 07-22-2014 12 Zoning Administrator Resolution No. ZA2015- Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 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. Alcohol service shall be limited to a Type 47 (On-Sale General, Restaurant) Alcoholic Beverage Control License. 3. The regular business hours for the tenant are from 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. The closing hour for all business operations shall be limited to 11:00 p.m. Any change to a later closing time shall require an Operator's License from the Police Department and an amendment to this Minor Use Permit. 4. Approval does not permit the premises to operate as a fear, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipai'-Code, unless the Zoning Administrator first approves an amended minor use permit. This Minor Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 5. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 6. Alcohol may be served within the interior of the establishment and on the outdoor dining patio ("licensed premises"). Alcoholic beverages served by the establishment shall only be consumed on the licensed premises and shall not be consumed on any adjacent property. 7. 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. 8. 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. 9. 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. 10. There shall be no live entertainment on the premises. 07-22-2014 13 Zoning Administrator Resolution No. ZA2015- Page 8 of 10 11. There shall be no dancing allowed on the premises. 12. Strict adherence to maximum occupancy limits is required. 13. 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. Any changes in the business operation will require the preparation of an individual security plan subject to the review and approval of the Police Department. 14. All persons, 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 comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each person'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. 15. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this business 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. 16. The outdoor dining patio shall be separated from the main mall corridor with a solid decorative barrier (subject to ADA compliance) which may include gates at least 36 inches high placed around the perimeter of the consumption area. The barrier and gates shall meet egress requirements and shall be installed to the satisfaction of the Building Division. 17. The alcoholic beverage outlet 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 patrons of the subject alcoholic beverage outlet. 18. 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 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 19. 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. 20. 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 07-22-2014 -1 Zoning Administrator Resolution No. ZA2015- Page 9 of 10 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. 21. 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). 22. Storage outside of the building shall be prohibited. 23. All proposed signs shall be in conformance with the provisions of the PC-56 (North Newport Center Planned Community), Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code, or an approved Comprehensive Sign Program for the project site. 24. 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. 25. 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, morals, comfort, or general welfare of the community. 26. 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. 27. This Minor Use Permit shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code. 28. 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 Hopdoddy Alcohol Sales MUP including, but not limited to, Minor Use Permit No. UP2015-016 (PA2015-057). 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 07-22-2014 15 Zoning Administrator Resolution No. ZA2015- Page 10 of 10 applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 29. 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 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 07-22-2014 2� Attachment No. ZA 2 Vicinity Map 17 V� QP �P sg a '4 _��, ADR "�. d \�!'4�`���• ._. 'SPNSP 05 y .�'♦ x ' a. !�. �si °a 3 � D 2 VV P OF P J CENTER DR Civic \ POWMN Park fP OaPOaP G Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to �� 'rogr any results obtained in its use. ° m 0 447 893 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 5/26!2015 1 C' V� QP �P �o Attachment No. ZA 3 Project Description 21 V� QP �P PA2015-057 PROJECT DESCRIPTION Hopdoddy Burger Bar 311 Newport Center Drive,Newport Beach, CA 92660 Hopdoddy Newport Beach Fashion Island, LLC, dha Hopdoddy Burger Bar ("Hopdoddy") intends to open a full-service restaurant located at 311 Newport Center Drive in the Fashion Island Mall. The name "Hopdoddy" comes from the word "hop", a flavoring and stability agent in beer, and "doddy," the nickname given to cows native to Aberdeen, Scotland. Hopdoddy specializes in handcrafted burgers that utilize natural and local ingredients. All of Hopdoddy's buns are made in-house, and all-natural and organic ingredients are utilized whenever possible. Hopdoddy pairs its burgers with local, small batch, artisanal beers to provide the perfect union of high-end burgers and high-end beers. Hopdoddy respectfully requests a Minor Use Permit for the sale of beer, wine and spirits for on- premises consumption. Core to the restaurant's concept and business model is the ability to serve an wide range of alcoholic beverages. While high-end beers represent the principal focus of Hopdoddy's beverage menu, the sale of wine and spirits is critical in order to appeal to a broad range of consumers. Hopdoddy's menu includes varied beverages such as Black Cherry Hard Limeade, Soco Sweet Tea, and the Mighty Mule — all of which pair well with a hearty burger meal. Hopdoddy's hours of operation will be from 11:OOam — 10:00 pm, Sunday— Thursday and 11:00 am— 11:00 pm, Friday— Saturday. The restaurant will employ approximately 45 employees. The square footage of the indoor portion of the restaurant is approximately 3,589 square feet and will seat approximately 100 people. The square footage of the outdoor dining patio is approximately 1,947 square feet and will seat approximately 50 people. Fashion Island is a major retail, dining, and entertainment destination for both Newport Beach locals and tourists visiting the area. Hopdoddy's addition to the mall will add to the visitor experience by providing an alternative dining option for the wide-ranging tastes of Fashion Island visitors. Because of the family-friendly nature of Hopdoddy's operations, the restaurant provide a unique dining alternative, without infringing on its neighbors' operations or creating any additional burden on local law. For these reasons, Hopdoddy respectfully requests that the City grant this application. 23 V� QP �P Attachment No. ZA 4 Police Department Reporting Districts Map 25 V� QP �P l RD35 j RD36 JRD54 n� RD29 a1 S RD32 � RD37 o 0 �o RD38 RD51 RD52 d P RD39 RD 41 RD53 9Sr q �, n — k t RD43 a } f �RD42 RD47 r a RD22 ,1 RD48 DALBOA BLVD 5 RD44 RD66 RD45 RD46 Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. ° m 0 2,000 4,000 Imagery: 2009-2013 photos provided by Eagle a„ Feet Imaging www.eagleaerial.com ��IFOPN� 5/2612015 27 V� QP �P �g Attachment No. ZA 5 Police Department Alcohol Statistics 29 V� QP �P 30 o a ry OBACN N m 0000 p QR � • N N o a 0 e o e � o C �OALIo �• a b m 0 Y�1 n a to m v n a °e 01 °c E ~ m o N N N Y C CC Q • a W d d0 u N of t� 00 'a L' b oIn u t 00 •+ a o w U W w d d J O d ' m Lo w d d d a sE - o od d c a a u v F U) m Im N m N m Q o v c o h N +�+ OLLJ W O 3 y C W t L U a U O m a Z a N a o o O v a A m G a M M i Z a N N d L .N V O - y a L Q ti ? � 3 c ? m u m W �` O w > m° a ocoCh 0 � W a E o o v _J m W _ tfl N N a O N �n d W E Q 3 LG N O O r N N N ttl M W O a+ 3 E G O c d O E o s N C ''n :1 w u N � rl • � � Ol E C S L �_ n �^ O V Q 01 M N O O v Y Y d ~ m G Q W N f` N N Na E C N _ C D pO b z m m CO f-� d O U C C a O O 0 0 o� po w v m m b b a u p N N ONi N p0 N D C N O O O b O J N p d O d Y y b O c N � d • Ln 00 e C F- F O H v I� t0 a rn Z E W v rn € O y t Y U W Z GO 3 0 c c L ti E o o a d m mrl CL 0 ;. u ti v 0 C 0 a O v m N M V V1 C Q C <Q K Q K Z V Z 31 0 O a u_ c 2 V w 3 N y R Z V N � o M A n O r 9 � I C F C C C C E E E E u u u u M p p O D O C o CG o CG o K • V Y Y N pl 41 d d pp DO Cp 00 Attachment No. ZA 6 Police Department Review 33 V� QP �P 31{ City of Newport Beach Police Department Memorandum May 19, 2015 TO: Benjamin M. Zdeba, Assistant Planner From: Wendy Joe, Police Civilian Investigator Subject: Hopdoddy Minor Use Permit, 311 Newport Center Drive, Use Permit No. UP2015-016 (PA2015-057) At your request, the Police Department has reviewed the project application for Hopdoddy, located at 311 Newport Center Drive, Newport Beach. Per the project description, the applicant is applying for a minor use permit for a food service, eating and drinking establishment. The tenant space will be approximately 3,589 square feet of interior floor area, with approximately 1,947 square feet of outdoor dining area. The hours of operation will be from 11:00 a.m. to 10:00 p.m. Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. An Operator License is not required. The applicant will apply for a new Type 47 (On-Sale General) license with the Department of Alcoholic Beverage Control. A Type 47 license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. The license will be conditioned to appropriately protect the health, safety, and welfare of the community. Applicant History Per the applicant's website, there are seven Hopdoddy locations which are all in Texas, Arizona, and Colorado. Newport Beach will be their first California location. Hopdoddy specializes in handcrafted burgers with all-natural and organic ingredients. In their application, Hopdoddy states that core to their business model is their ability to serve alcoholic beverages. Those beverages consist of "small batch artisanal beers" and a wide-ranging menu of mixed distilled spirits. Newport Beach is one of three locations the chain plans to open in California during the same time frame. The other two are in EI Segundo and Playa Vista, in Los Angeles County. Statistical Data Attached is a report compiled by NBPD Crime Analyst Caroline Staub which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 311 Newport Center Drive. The Police Department divides 55 Hopdoddy UP2015-016 the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate Officer locations while policing. The proposed applicant location is within Reporting District (RD) 39. RD 39 is .97 square miles in size which equals 4% of the City's total area. In 2014, RD 39 had a total of 490 reported crimes, compared to a city-wide RD average of 148 reported crimes, or 231% over the city-wide average. RD 39 is one of our highest crime areas in Newport Beach, second only to RD 15 which is located on the Peninsula. In 2014, 183 arrests were made in RD 39. Of those arrests, 34 were for Driving Under the Influence (DUI) and 25 were for Public Intoxication. It is our opinion additional alcohol establishments will increase these statistics. Pursuant to Business and Professions Code 23958.4, the Newport Beach Police Department reports our crime statistics annually to the Department of Alcoholic Beverage Control (ABC). Under this code, ABC requests a slightly different statistic: the total number of Part 1 crimes plus Part 2 arrests. The sum of these two figures equals the crime count. ABC uses the crime count as well as total number of licenses to determine "undue concentration". Defined in Business and Professions Code: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c)`, than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. *subdivision c- c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 2 3� Hopdoddy UP2015-016 In evaluating the statistical data for the applicant premises, undue concentration exists in both areas and will be used by ABC in determining approval of this license application. The first criteria for undue concentration as defined above involves crime count. The total city-wide crime count reported to ABC for 2014 is 4,353. This results in an average crime count per RD of 115. The threshold of a 20% greater number of crimes than the average number of crimes for all reporting districts is 138. RD 39 had 330 crimes (as interpreted by ABC) in 2014. That is 187% greater than the average and much higher than the 20% threshold. This meets the requirement for undue concentration. The second criteria for undue concentration involves ABC licenses per capita. The applicant premises is located within census tract 0630.08. This census tract has a population of 750 with 60 on-sale licenses. That is a per capita ratio of 1 license for every 13 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 737 residents. This meets the criteria for undue concentration. Public Convenience or Necessity Public Convenience or Necessity (PCN) is a tool utilized by the Department of Alcoholic Beverage control and local governing authorities to circumvent undue concentration. The subject establishment must be a public convenience or a necessity to the surrounding community. While there is no definitive or uniform guideline defining the application of PCN, local authorities can utilize this outlet in order to interject formal say into the state liquor license process. Defined in Business and Professions Code: (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. To simplify the preceding language, when a license application is being evaluated for a "bona fide eating place", the burden to prove public convenience or necessity lies upon 3 37 Hopdoddy UP2015-016 the applicant. ABC will then render the final determination. When a license is being evaluated for bars, cocktail lounges, or nightclubs, the Chief of Police will render the determination of public convenience and necessity. This procedure is also addressed in the City of Newport Beach City Council Policy (section K-7, page 2). The applicant, Hopdoddy, is applying for a Type 47 ABC license which is sheltered under the umbrella "bona fide eating place"; therefore, ABC will determine public convenience and necessity for this establishment. Comments The location of the proposed premises (RD 39 and census tract 0630.08) meets both conditions for undue concentration; therefore, the Business and Professions code requires ABC to make a determination on the public convenience and necessity. In order for the applicant to obtain a liquor license, they will need to prove to ABC that their establishment is indeed a public convenience and necessity. Recommendations Should this project be approved and an ABC license issued, the Police Department provides the following recommendations: Outdoor Patio The Police Department recommends the patio area be fully enclosed and only accessible from the interior of the restaurant. This would allow the employees to maintain more effective control measures regarding the consumption and removal of alcoholic beverages from the premises. The outdoor dining patio shall be separated from the main mall corridor with a solid decorative barrier (subject to ADA compliance) at least 36 inches high placed around the perimeter of the consumption area. Any recorded music must only be heard while on the patio, and not carry over to the adjacent mall common area. Siqns 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. 4 3g Hopdoddy UP2015-016 Hours of Operation The proposed hours of operation for food and alcohol service will be from 11:00 a.m. to 10:00 p.m. Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. Should the applicant remain open past 11:00 p.m., the applicant will be required to apply for an Operator License. Security Should there be any change in the proposed operational characteristics, any addition to the hours of operation, or a change/transfer in the Alcoholic Beverage Control License, the applicant may be required to develop a security plan which will act as an amendment to the Use Permit and/or Operator License. The security plan shall be approved by the Police Department. 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 Hopdoddy to operate as a bar, tavern, cocktail lounge, or nightclub. 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 reduced price alcoholic beverage promotions shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 5. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 5 -2 C Hopdoddy UP2015-016 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. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 9. There shall be no live entertainment allowed on the premises. 10. There shall be no dancing allowed on the premises. 11. All owners, managers, and employees selling alcoholic beverages shall be required to undergo and successfully complete an ABC approved certified training program in responsible methods and skills for serving and selling alcoholic beverages. 12. Strict adherence to maximum occupancy limits is required. If you have any questions as to the content of this memorandum, please contact Civilian Investig Wendy Joe at 949.644.3705 or wjoe@nbpd.org. We dy J e Police ivilian Investigator, Special Investigations �O " " Brad Miller Sergeant, Special Investigations L7 A— Jay hort Lieutenant, Detective Division Jon Lewis Deputy Chief 6 40 Attachment No. ZA 7 Project Plans 41 V� QP �P PA2015-057 Attachment No. ZA 7 - Project Plans �9-bL r O \N o ISI — 3 M _OOO O � __ , _ ,_ � O - -,�FLr7-- -7 a L s m J O OT I III VIII I� �I • • W J Tn I Q L W In o N O W � W im ¢ Z O NLDI.J ¢ W W U O U } Q fn W 13 Cl a O 2 -4.3