Loading...
HomeMy WebLinkAboutPC2018-002 - MUP TO SUPERCEDE UP3535 AND APPROVE A FOOD SERIVCE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS AND A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE - 2200 WEST OCEANFRONTN. *Tel X F1901', IT I -►kN1 r*X: 1*af A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2017-013, AND SUPERSEDING UP3535, FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS AND A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2200 WEST OCEANFRONT (PA2017-096) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Urban Cup ("Applicant"), with respect to property located at 2200 West Oceanfront, and legally described as Lot 1 in Block 22 of Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said county, ("Property"), requesting approval of a minor use permit. 2. Applicant proposes a minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to an existing food service, eating and drinking establishment use. The existing food service, eating and drinking establishment use, allowed by UP3535 includes 450 square feet of net public area and 32 seats. Hours of operation are 7 a.m. to 11 p.m., daily. There are no late hours (after 11 p.m.) proposed. If approved, this minor use permit would supersede UP3535. 3. The Property is located within the Mixed -Use Water Related ("MU -W2") Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related ("MU - W2"). 4. The subject Property is located within the Coastal Zone. The Coastal Land Use category is Mixed Use Water Related ("MU -W") and it is located within the Mixed Use Water Related ("MU -W2") Coastal Zoning District. The project is exempt from coastal development permitting requirements because the project does not intensify or expand the existing eating and drinking establishment use. 5. The Newport Beach Municipal Code ("NBMC") allows for Minor Use Permits to be approved at the administrative level; however, because this application relates to alcohol sales, the Director is forwarding this application to the Planning Commission for review. 6. A public hearing was held on January 18, 2018 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. PC2018-002 Page 2 of 12 SECTION 2. CALIFORNIA, ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves no alteration of an existing commercial building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), the following findings and facts in support of the findings for a use permit are set forth: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the proposed use is consistent with NBMC Section 20.48.030, 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. The subject property is located in Reporting District 15 (RD 15). 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 24 was 288 crimes reported in 2016, which is higher than adjacent reporting districts RD 12, RD 13, and RD 16. The Part One Crime rate in RD 15 is higher than the citywide average. This is largely due to the number of visitors to the Balboa Peninsula, the higher concentration of restaurants, visitor -serving uses, and the high ratio of nonresidential to residential uses in RD 15. The service of alcoholic beverages at the subject property would provide additional menu options for customers and would enhance the economic viability of the business. 2. With the included operating conditions of approval, including a closing hour of 11 p.m., the addition of a Type 41 ABC license is not likely to increase the crime rate of RD 15. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paqe 3 of 12 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is higher than adjacent reporting districts RD 12, RD 13, and RD 16. This is largely due to the number of visitors to the Balboa Peninsula, the higher concentration of restaurants and visitor -serving uses and the high ratio of nonresidential to residential uses. The addition of a Type 41 ABC license with conditions of approval is not likely to increase the number of alcohol-related calls for service, crimes, or arrests in the area. 2. There were 192 calls for service to the subject property; however, they may not have all been related to the existing food service, eating and drinking establishment with some likely attributed to its location on the Ocean Front boardwalk. 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 subject property is located in a mixed-use district which allows for residential uses when intermixed with nonresidential uses. The nearest residential district is located approximately 325 feet northwest of the project site. The nearest residential units are located adjacent to the property to the north. The nearest recreational facility is the beach, is located adjacent to the property and the Newport Pier, located approximately 450 feet southwest. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east along West Balboa Boulevard. The nearest school, Newport Elementary School, is located approximately 0.7 miles to the east of the subject property, along West Balboa Boulevard. 2. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another and eating and drinking establishments with alcohol service are common. The proposed ABC license, in conjunction with the early closing hour, is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. Conditions of approval are included to further minimize potential negative impacts to the surrounding land uses and ensure that the use remains compatible with the surrounding community. 3. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to receive ABC -required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The location of the proposed establishment is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula, including the Stag Bar, 21 Oceanfront Restaurant, The Blue Beet, Mutt Lynch's, Blackie's by the Sea, and Dory Deli, among others. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Page 4 of 12 2. The per capita ratio of license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, lower number of residential properties, and high number of restaurants in McFadden Square, Cannery Village, and Lido Marina Village. While the license -to -resident ratio is higher than average and the proposed restaurant is located in close proximity to other establishments, the location of the new ABC license in an established commercial area, together with the proposed operational characteristics would make the sale of alcoholic beverages acceptable. v. Whether or not the proposed amendment will resolve any current objectionable conditions. - 1. No objectionable conditions are presently occurring at the site. 2. The proposed use has been reviewed and conditioned to help ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for businesses is preserved. The service of alcohol is intended for the convenience of customers living in and visiting the area. 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. In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit are set forth: B. The use is consistent with the General Plan and any applicable specific plan, Facts in Support of Finding The subject property has a General Plan land use designation of Mixed Use Water Related ("MU -W2") within the General Plan. The MU -W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on upper floors. The food service, eating and drinking establishment with alcohol service and no late hours is consistent with this designation. Eating and drinking establishments can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 2. The proposed use is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers on the Balboa Peninsula. The use of a food service, eating and drinking establishment in a location previously occupied by a food service, eating and drinking establishment for over 24 years will continue to serve residents and visitors to the area Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paqe 5 of 12 3. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 4. The subject property is not part of a specific plan area. 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; Fact in Support of Finding 1. The Property is located in the Mixed -Use Water Related ("MU -W2") Zoning District. A food service, eating and drinking establishment with alcohol service and no late hours is permitted in this zoning district with approval of a minor use permit. 2. A restaurant has been operating at the subject property since prior to 1994. The proposed alcohol service will expand the menu options for customers, does not intensify the use of the property and would enhance the economic viability of the business. 3. The subject property does not provide on-site parking; however, addition of an ABC license does not require additional parking and the property will remain legal, nonconforming. 4. The McFadden Square area, served by the two adjacent municipal lots and the close proximity to multiple commercial uses and beach and coastal recreation. areas, will result in shared trips to the eating and drinking establishment. 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 Property is abutting residential uses to the north, commercial uses to the south and east, and recreational uses to the west. There is no live entertainment or dance floor. The 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 project has been conditioned to ensure the welfare of the surrounding community. 2. The hours of operation of the food service, eating and drinking establishment are limited to 7 a.m. to 11 p.m., daily. The hours are compatible with other eating and drinking establishments in the area. Tmplt: 04714/10 Planning Commission Resolution No. PC2018-002 Paae 6 of 12 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; and Facts in Support of Finding 1. The subject Property is developed with the existing food service, eating and drinking establishment. There is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site. 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 existing food service, eating and drinking establishment has been in operation since prior to 1994. The use has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential uses. 2. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area, which are related to the sale of alcohol. 3. All employees serving alcohol will be required to be at least 21 years of age, and undergo, and successfully complete, Responsible Beverage Service (RBS) training. Additional conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding residential land uses are minimized to the greatest extent possible. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-013, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license with no late hours located at 2200 West Oceanfront. Tmplt: 04114/10 Planning Commission Resolution No. PC2018-002 Paqe 7 of 12 2. This resolution supersedes Use Permit No. UP3535 as approved by the Planning Commission, which upon vesting of the rights authorized by this use permit, shall become null and void. 3. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paae 8 of 12 PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JANUARY, 2018. AYES: Kleiman, Koetting, Lowrey, Weigand, Zak NOES: Dunlap F.111 1.1 .11 F."I 1210 ON iTa ABSENT: Kramer Tmplt 04/14/10 Planning Commission Resolution No. PC2018-002 Paqe 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING DIVISION 1 The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. Minor Use Permit No. UP2017-013 shall expire if not exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 4. This Minor Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. 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. 7.- All exits shall remain free of obstructions and available for ingress and egress at all times. 8. 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 NBMC to require such permits. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paae 10 of 12 10. A copy of Resolution No. PC2018-002, 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. 11. Prior to the issuance of building permits, Applicant shall submit to the Planning Division an additional copy of the approval architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets, only, and shall be reduced to size 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. The hours of operation shall be limited to 7 a.m. to 10 p.m., daily, Memorial Day through Labor Day, and 7 a.m. to 9 p.m., daily, the day after Labor Day through the day before Memorial Day. If the Planning Commission finds the establishment is operating without detriment to the surrounding community after a one-year review following implementation of this Use Permit, the Community Development Director may extend the closing hour up to 19 p.m.. 13. The "net public area" shall not exceed 450 square feet for the interior of the subject restaurant facility. 14. There shall be no dancing allowed on the premises. 15. Live entertainment shall not be permitted unless an amendment to this use permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 16. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42. 17. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 18. 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. 19. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paae 11 of 12 20. Storage outside of the building, in the front or at the rear of the Property, shall be prohibited, with the exception of the trash container on pick-up days. 21. 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 Urban Cup Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-013 (PA2017-096). 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. 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. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements, prescribed in this condition. POLICE DEPARTMENT 22. All customers must vacate the establishment 30 minutes after closing. 23. The eating and drinking establishment shall close at 11 p.m., daily. 24. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) license, in conjunction with the restaurant as the principal use of the restaurant facility. 25. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 29. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 30. No off -sales of alcohol shall be permitted. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-002 Paae 12 of 12 31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the sale 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. 32. 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. 33. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 34. Any event or activity staged by an outside promotor or entity, where Applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promotor or any other person based upon money collected as a door charge, cover charge or any other dorm of admission charge is prohibited. 35. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, to 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. 36. 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. 37. Strict adherence to maximum occupancy limits is required. 38. 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 NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Tmplt: 04/14/10