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HomeMy WebLinkAboutZA2016-007 - AMENDMENT TO MUP NO. UP2013-001 TO ADD BEER AND WINE TO EXISTING CAFE - 1703 Westcliff Dr RESOLUTION NO. ZA2016-007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-050 TO ALLOW ALCOHOL SALES AT AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 1703 WESTCLIFF DRIVE (PA2015-218) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Omar Belkiz, with respect to property located at 1703 Westcliff Drive, and legally described as Parcel 1 of Resubdivision No. 153, requesting approval of an amendment to a minor use permit. 2. The applicant proposes to allow alcohol sales and service (ABC License Type 41, Beer and Wine for Bona Fide Public Eating Place) at an existing restaurant (food service, eating and drinking establishment) approved under Minor Use Permit No. UP2013-001 (PA2013-004). Late hours are not proposed (after 11:00 p.m.) and no other substantial operational changes are requested to the prior approval. 3. The subject property is located within the Commercial General (CG) Zoning District and the 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 February 25, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves minor interior alterations to remodel an existing eating and drinking establishment as well the sale of alcohol which is a negligible expansion of use. Zoning Administrator Resolution No. ZA2016-007 Page 2 of 10 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 28 (RD 28). 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 28 is higher than adjacent Reporting Districts 25, 26 and 29. It should be noted, however, that RDs 25 and 26 cover more area and are primarily residential with a small area devoted to commercial. Furthermore, RD 29 generally encompasses the area eastward of Dover Drive and Irvine Avenue to the Back Bay which is entirely residential. The subject RD contains a larger proportion of commercial with dense, multi-family residential. 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 alcoholic beverage license type proposed at this location. 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 28 is higher than adjacent Reporting Districts 25, 26 and 29, but significantly less than the City overall inasmuch as it does not account for a large portion of calls for service, crimes, or arrests. The Police Department has reviewed the proposal and has no objection. 2. Year to date, zero alcohol-related calls for service, crimes, or arrests have been reported at the subject property. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 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. The site is developed with a commercial center, which is consistent with the General Plan designation, General Commercial (CG). Properties within the center consist of retail, service, eating and drinking establishment, office and medical office 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, with the nearest of those types being Bob Henry Park, nearly 900 feet away and buffered by several properties. Although it is adjacent to residential developments to the north and south, the property is bound and buffered by Sherington Place and Westcliff Drive. Eating and drinking establishments with incidental alcohol service have long existed near the subject location and the proposed 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. Two other eating and drinking establishments within the commercial center sell and serve alcoholic beverages including Haute Cakes Caffe (Type 41) and Cafe Gratitute (Type 47). The subject eating and drinking establishment has requested to allow the sales and service of alcohol with a Type 41 (Beer and Wine Bona Fide Public Eating Place) license. There is no evidence suggesting these existing uses have been detrimental to surrounding properties or the neighborhood. V. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. An eating and drinking establishment without alcohol sales and service has operated at the subject location since 2013. 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 help to 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 10:00 p.m., daily, which will help to ensure the use does not become a late night bar, tavern, or nightclub. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 4 of 10 4. The establishment is located within an existing commercial center which is developed with other commercial uses. Allowing the sales and service of alcohol will not substantially alter the existing operation, but will complement the food service and provide a convenience to customers. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The General Plan designates the site as General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The existing eating and drinking establishment is located within the Westcliff Court commercial center and serves those working, residing, or visiting the surrounding neighborhood, consistent with the CG 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 General (CG) Zoning District, which was intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. Eating and drinking establishments are permitted uses with the approval of a use permit when alcohol sales are proposed. 2. The existing eating and drinking establishment operates pursuant to Minor Use Permit No. UP2003-001, which allowed the sale and service of food and beverage and established hours of operation between 7:00 a.m. and 10:00 p.m., daily. 3. The use will remain an eating and drinking establishment and the allowance of an alcohol beverage control license will not substantially alter or intensify the existing use; however, staff acknowledges the sale and service of alcohol may change the nature of the operation from that limited under the prior use permit approval. As conditioned, the parking requirement will be increased to one parking space for every 40 square feet of net public area. Adequate parking exists on-site to accommodate the increase. The 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 5 of 10 commercial center provides 165 parking spaces, The total required parking for all uses, including the restaurant with the increased parking requirement, is 157 parking spaces. 4. The conditions of approval will help to ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity, Facts in Support of Finding: 1. Eating and drinking establishments with the service of alcohol have long operated near or within the commercial center and have not proven detrimental to the area. 2. The principal use will remain an eating and drinking establishment and addition of incidental beer and wine sales 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 help to ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to maintain 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 help 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. 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 establishment is located within an existing commercial center and has demonstrated that it is 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 6 of 10 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 help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The eating and drinking establishment will continue to service patrons of the commercial center, surrounding commercial buildings, and provide dining services as a public convenience to the surrounding neighborhood. The service of alcohol will be incidental and will complement the principal use of the facility while providing 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. UP2015-050, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Zoning Administrator Resolution No. ZA2013-013, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 7 of 10 PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2016. Patrick J. Alford, Zoning Administrator 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. 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. 5. The hours of operation for the establishment shall be limited to 7:00 a.m. through 10:00 p.m., daily. 6. The interior net public area shall be limited to 810 square feet. 7. A minimum of 21 parking spaces (1 parking space per 40 square feet of net public area) shall be provided within the commercial center for the establishment. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this use permit or the processing of a new use permit. 9. A copy of the Resolution, including conditions of approval Exhibit "A", shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 11. No outside paging system shall be utilized in conjunction with this establishment. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 9 of 10 12. All trash shall be stored within the building or within the existing 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. 13. 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. 14. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 15. 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. 16. 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. 17. 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, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. This approval shall expire and become void unless exercised within 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. 19. 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 W Cafe including, but not limited to, Minor Use Permit No. UP2015-050 (PA2015-218). 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-007 Page 10 of 10 Police Department 20. There shall be no dancing or live entertainment allowed on the premises. 21. 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 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. 22. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 23. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 24. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 25. Food service from the regular menu must be made available to patrons during all open hours. 26. 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. 27. Strict adherence to the maximum occupancy limit is required. 28. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Newport Beach Municipal Code Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Building Division 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. 02-02-2016