HomeMy WebLinkAbout09_Pandor Bakery Minor Use Permit Amendment_PA2018-045oe`'�WPOR' CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 26, 2018
°+<,FOR Agenda Item No. 9
SUBJECT: Pandor Bakery Minor Use Permit Amendment (PA2018-045)
• Minor Use Permit No. UP2018-004
SITE LOCATION: 1126 Irvine Avenue
APPLICANT: Pandor Bakery
OWNER: Irvine Company
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• General Plan: CN (Neighborhood Commercial)
• Zoning District: CN (Commercial Neighborhood)
PROJECT SUMMARY
A minor use permit amendment to add a Type 41 (On Sale Beer and Wine) Alcoholic
Beverage Control license to an existing food service, eating and drinking establishment.
Existing and proposed net public area is 804 square feet with seating for up to 30 customers.
The 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 Minor Use Permit No.
UP2011-031.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 of the CEQA Guidelines, because it has no potential to
have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2018-004 (Attachment No. ZA 1).
DISCUSSION
The site is located in the Westcliff Plaza shopping center near the east corner of
Westcliff Drive and Irvine Avenue within the Commercial Neighborhood (CN)
Zoning District and the Neighborhood Commercial (CN) General Plan Land Use
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Pandor Bakery Minor Use Permit Amendment
Zoning Administrator, April 26, 2018
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Designation. The shopping center contains a variety of uses including retail,
restaurants, and service uses. Food service, eating and drinking establishments
with alcohol service and no late hours (after 11 p.m.) are a permitted use in the CN
Zoning District subject to approval of a minor use permit.
The restaurant has been operating since 2012 pursuant to Minor Use Permit No.
UP2011-031, approved by the Zoning Administrator on December 14, 2011. The
use permit allowed the restaurant with 1,940 gross square feet, 30 seats, and 804
square feet of net public area. The existing entitlement does not authorize the
service of alcohol at the restaurant; therefore, a minor use permit is required to
add the Type 41 (On -Sale Beer and Wine) ABC license.
• The use will remain a food service, eating and drinking establishment and the
change to the ABC license will not alter or intensify the existing use. The Type 41
ABC is for a bona fide eating and drinking establishment and full meal service is
required during all business hours. The business will not be allowed to be operated
as bar, lounge or nightclub as defined by the Zoning Code.
• The hours of operation are not proposed to change and will remain from 7 a.m. to
11 p.m., daily. The floor plan for Pandor Bakery is not proposed to change, and
includes 30 seats in 804 square feet of net public area. Minor Use Permit No.
UP2011-031 requires one parking space per 40 square feet of net public area, or
21 parking spaces for this establishment, consistent with the Newport Beach
Municipal Code (NBMC). The parking requirement will not change with the addition
of a Type 41 ABC license. There are no proposed changes to the interior, exterior
or existing signage as a part of this application.
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 ensure the welfare of the surrounding community and that the eating
and drinking establishment does not become a bar or tavern. The establishment
is required to comply with the requirements of the Alcoholic Beverage Control
Department to ensure the safety and welfare of customers and employees of the
establishment. The project has been conditioned so that no dancing or live
entertainment will be permitted on the premises.
As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
• If approved, this Minor Use Permit will supersede Minor Use Permit No. UP2011-
031.
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Pandor Bakery Minor Use Permit Amendment
Zoning Administrator, April 26, 2018
Page 3
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 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. The Class 1 exemption includes the ongoing use of
existing buildings where there is negligible or no expansion of use. The proposed project
involves the addition of the Type 41 ABC License to an existing eating and drinking
establishment with no other expansion beyond what has been previously permitted and
no proposed interior or exterior changes.
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 or call for review 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:
L114A nmt-l-
Chelsea Crager
Associate Planner
GBR/cc
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Project Description
ZA 4
Police Department Memorandum
ZA 5
Minor Use Permit No. UP2011-031
ZA 6
Project Plans
TmpIC 01/12/18
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-004 ADDING A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE TO A RESTAURANT WITH NO LATE
HOURS LOCATED AT 1126 IRVINE AVENUE (PA2018-045)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tiffany Sepetijan, with respect to property located at 1126 Irvine
Avenue, and legally described as Tract 4824, Lot 3, requesting approval of a minor use
permit.
2. The applicant proposes a minor use permit amendment to add a Type 41 (On Sale Beer
and Wine) Alcoholic Beverage Control license to an existing food service, eating and
drinking establishment. Existing and proposed net public area is 804 square feet with
seating for up to 30 customers. The hours of operation are 7 a.m. to 11 p.m., daily. There
are no late hours (after 11 p.m.) proposed.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Commercial Neighborhood (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 26, 2018, 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves the addition of the Type
41 ABC License to an existing eating and drinking establishment with no other
expansion beyond what has been previously permitted and no proposed interior or
exterior changes.
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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.
The establishment is located within Reporting District (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) Rate in RD 28 is higher than the Part One Crimes Rate for the City and
adjacent districts. The crime rate in this district is 117 percent above the Citywide
reporting district average. However, the proposed project is not located in an area that
has a high concentration of alcohol licenses. The Police Department has reviewed the
application and does not object to the addition of beer and wine sales subject to the
conditions of approval in Exhibit A. Therefore appropriate to allow the establishment to
operate with alcohol and no late hours.
2. The Police Department has reviewed the proposed use, provided operating conditions
of approval, and has no objection to the addition of the Type 41 alcoholic beverage
license subject to appropriate conditions of approval. The operation of the establishment
includes a closing hour of 11 p.m.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
This reporting district is reported to ABC as a high crime area as compared to other
reporting districts in the City. The crime count ranks 4th highest in the City at 117% over
the City-wide crime average. The highest volume crime is Burglary or Theft from an
automobile and the highest volume arrests are drug-related offenses. DUI, Public
Intoxication, and liquor law violations make up 9% of arrests in this reporting district. In
comparison, neighboring RD 25 figure is 29%, RD 26 is 22%, and RD 29 is 14%. The
applicant location was the subject of two dispatch events in 2017. Neither event was
related to the business operations. The Police Department has reviewed the application
and does not object to the addition of beer and wine sales subject to the conditions of
approval in Exhibit A.
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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 project site is located within the Westcliff Plaza shopping center in a commercial
zoning district. The shopping center is surrounded by residential uses to the north, east,
and west. The shopping center is oriented such that the back entrances of tenant
spaces are closest to the residential uses to the north and east. Primary customer
activity, including entrances, primary parking, and outdoor seating areas that serve all
tenants. Residential uses to west are separated by Irvine Avenue. Mariners Elementary
School, Mariners Branch Public Library, and Mariners Park are located approximately
580 feet to the north on Irvine Avenue. The closest place of worship is The Church of
Jesus Christ of Latter-day Saints, located on Dover Drive approximately 1,600 feet to
the southeast. There are no other day care centers, hospitals or similar uses in the
immediate vicinity.
2. Eating and drinking establishments with incidental alcohol service are common in the
Commercial Neighborhood Zoning District and the proposed ABC license in
conjunction with an 11 p.m. closing hour is not anticipated to alter the operational
characteristics of the use such that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The closest establishment selling alcoholic beverages for on-site consumption is The
Counter, a full service restaurant in Westcliff Plaza approximately 80 feet away from
Pandor Bakery. The closest establishment selling alcoholic beverages for off-site
consumption is Ralph's, a grocery store also located Westcliff Plaza.
2. There is no evidence suggesting a food service, eating and drinking establishment
with alcohol service has been or will be detrimental to surrounding properties or to
the neighborhood. The project site is located in census tract 0630.1, which has one
on -sale ABC license for every 783 residents. This is less than the Orange County
average of one license per 467 residents and the Citywide average of one license
for every 189 residents.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. An eating and drinking establishment has operated at the subject property since 2012
with no operating issues. No objectionable conditions are presently occurring at the site
and this Minor Use Permit as conditioned is intended to avoid future objectionable
conditions.
2. The proposed use has been reviewed and conditioned to help 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 businesses is preserved. The service of alcohol is
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intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale of
alcoholic beverages will ensure compatibility with the surrounding uses and minimize
alcohol related impacts.
3. The hours of operation of the establishment will minimize the potential effects on land
use. The establishment closes by 11 p.m. daily, which will ensure the use does not
become a late night bar, tavern, or nightclub.
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 site is designated Neighborhood Commercial by the General Plan Land Use
Element, which is intended to provide for areas appropriate for a limited range of retail
and service uses developed in one or more distinct centers oriented to serve primarily
the needs of and maintain compatibility with residential uses in the immediate area. The
proposed project is a food service, eating and drinking establishment with alcohol
service located within the Westcliff Plaza shopping. This use is consistent with the
General Plan Neighborhood Commercial land use designation, which allows food
service, eating and drinking establishments as a commercial use.
2. The restaurant is located near the northeast corner of Westcliff Drive and Irvine Avenue
in the Westcliff Plaza shopping center, which provides a variety of commercial and
service uses. The sale and service of alcohol will provide a convenience for patrons
nearby residents, consistent with the CN land use designation. The closing hour of 11
p.m. will help to ensure the use remains compatible with the nearby residential uses.
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 within Commercial Neighborhood (CN) Zoning District. Food service,
eating and drinking establishments with alcohol service and no late hours (after 11 p.m.)
are a permitted use in this zoning district subject to approval of a minor use permit.
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2. The use complies with Section 20.48.090 (Eating and Drinking Establishments) relating
to required operating standards, and conditions of approval are included in this approval
to maintain those requirements.
3. The use will remain a food service, eating and drinking establishment and the addition of
the Type 41 Alcoholic Beverage Control License will not alter or intensify the existing use.
Further, there will be no change to the net public area or seating and there are no late
hours proposed.
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 addition of the alcohol license does not change the operating characteristics of the
previously approved eating and drinking establishment, which has been operating since
2012 without issue.
2. The operational characteristics of the use are typical of a food service, eating and drinking
establishment, and are compatible with uses within and surrounding the shopping center.
A food service, eating and drinking establishment with alcohol service, The Counter, has
been operating in the same center without substantial issue since 2010.
3. The hours of operation are limited to 7 a.m. to 11 p.m., daily, which will ensure compatibility
with the nearby residential uses. Additionally, the customer entrance to the tenant space is
oriented toward the large parking lot and is separated from the residential uses by the
building. There is no proposed expansion to the existing common outdoor patio area utilized
by all tenants of the shopping center.
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:
The previous restaurant has proven to be physically suitable in terms of design, location,
shape, and size to support the use. The physical characteristics of the site are not
changing with the new tenant and addition of the alcohol license.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
Finding:
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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 food service, eating and drinking establishment will continue to service the
surroundings by providing dining services as a public convenience to the surrounding
businesses, residents, and visitors to the area. The service of alcohol will complement
the principal use of the facility and provide an economic opportunity for the property
owner to maintain a successful business.
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. UP2018-004, subject to the conditions set forth in Exhibit "A," which is attached hereto
and incorporated by reference.
2. This action shall become final and effective 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 Minor Use Permit No. UP2011-031, which upon vesting of
the rights authorized by this Minor Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF APRIL, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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 Minor 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. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
6. The operator of the facility shall be responsible for the control of noise generated by the subject
facility including, but not limited to, noise generated by patrons, food service operations, and
mechanical equipment. All noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided
exterior noise levels outlined below are not exceeded. The noise generated by the proposed
use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
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Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7:00 a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
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7. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport
Beach Municipal Code regulations or any sign program applicable to the property.
8. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-site
or off-site. to advertise the restaurant.
9. The allowed hours of operation shall be between 7 a.m. and 11 p.m., daily.
10. Net public area shall be limited to a maximum of 804 square feet and 30 seats.
11. The food service, eating and drinking establishment shall have a parking requirement of 1
space for every 40 square feet of net public area equaling a total of 21 parking spaces.
12. Any change in operational characteristics, expansion in area, or other modification to the
approved plans, shall require a separate review and may necessitate an amendment to this
Minor Use Permit or the processing of a new use permit.
13. 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.
14. No outside paging system shall be utilized in conjunction with this establishment.
15. 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.
16. 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.
17. 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.
18. 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).
19. 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.
20. 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
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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.
21. 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.
22. 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 Pandor Minor Use Permit Amendment including, but not limited to, Minor Use
Permit No. UP2018-004 (PA2018-045). 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.
Police Department
23. The hours of operation shall be limited to 7 a.m. to 11 p.m., daily. The establishment shall
not permit any new customers after 11 p.m.
24. Food service from the regular menu shall be made available to patrons until closing.
25. 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) license, in conjunction with
the restaurant as the principal use of the facility.
26. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use may be cause for revocation of the use permit.
27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
28. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
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29. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
30. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
31. 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.
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. There shall be no live entertainment or dancing allowed on the premises.
34. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
35. "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).
36. Any event or activity staged by an outside promoter or entity, where the applicant, operator,
owner or his employees or representatives share in any profits, or pay any percentage or
commission to a promoter or any other person is prohibited.
37. 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.
38. 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.
39. 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 within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. 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 60 days of approval. Records of each owner's,
manager's and employee's successful completion of the required certified training program
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shall be maintained on the premises and shall be presented upon request by a
representative of the City of Newport Beach.
40. Strict adherence to maximum occupancy limits is required.
41. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
42. 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 Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code.
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Attachment No. ZA 2
Vicinity Map
1(
VICINITY MAP
Minor Use Permit No. UP2018-004
PA2018-045
1126 Irvine Avenue
:L7
Attachment No. ZA 3
Project Description
12
PA2018-045
February 13, 2017
Attention: Planning Department
Community Development Department, Planning Division
3300 Newport Boulevard, Building C
Newport Beach, CA 92663
Re: Amended Minor Use Permit Application for Pandor Bakery, 1126 Irvine Ave, Newport Beach
Dear Sir or Madame,
We would like to submit, for your review, the request to amend our Minor Use Permit. We propose an
added amendment to our current CUP to include the use of selling beer and wine at our facility. We
have had many requests by our patrons, over the past five years by our patrons, to sell beer and wine as
part of our current menu. We hope to have provided the necessary information to justify that we
comply with the rules and requirements (in addition to the local ABC authorities) to be able to supply
this form of beverage.
Per the Zoning Requirements listed on the Application, the following information shows the nature of
our business and compliance to the stated rules:
1. I, Tiffany Sepetjian propose an amendment to our current minor use permit to allow the
consumption of beer and wine within a net public area of 804 square feet and provide seating
for a maximum of 30 customers. The establishment will be located within the Westcliff plaza
Shopping Center and the hours of operation will be between 7:00 a.m. and 11:00 p.m., daily.
2. The subject property is located within the Commercial Neighborhood (CN) Zoning District and
the General Plan Land Use Element category is Commercial Neighborhood (CN)
3. The subject property is not located within the coastal zone
4. The General Plan land use designation for this site is CN (Neighborhood Commercial), which is
intended to provide for areas appropriate for a limited range of retail and service uses
developed in one or more distinct centers oriented of retail and service uses developed in one
or more distinct centers residential uses in the immediate area. The current food service with
eating and propose beer and wine drinking establishment to be located within the Westcliff
Plaza shopping center (northeast corner of Irvine Avenue and Westcliff Drive). This use is
consistent with the general Plan Neighborhood Commercial (CN) land use designation, which
allows food service, eating and drinking establishments as a commercial use.
1J°
PA2018-045
5. The site is located within the Commercial Neighborhood (CN) Zoning District of the Newport
Beach Zoning Code. The intent of this district is to provide for areas appropriate for a limited
range of retail and service uses developed in one or more distinct centers oriented to serve
primarily the needs of and maintain compatibility with residential uses in the immediate area.
The proposed food service, eating and drinking establishment is consistent with the land uses
permitted within this zoning district.
6. The proposed use complies with Section 20. 48.090 (Eating and Drinking Establishments)
relating to required operating standards, and conditions of approval are included in this
approval to maintain those requirements.
7. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to
determine the parking requirements for the uses from 1 parking space for every 30-50 square
feet of net in a public area. The proposed project has a net public area of 804 square feet and
has seating for a maximum of 30 customers. The establishment is located within the Westcliff
Plaza shopping center. Staff determined that one (1) space for every 40 square feet of net public
area is a characteristics, parking supply, and mix of existing tenants located within the shopping
center. Based on the net public area of the proposed establishment, a total of 21 parking spaces
will be required (804/40 = 20.1 = 21). The Westcliff Plaza shopping center site has surplus
parking spaces available to provide the parking spaces required to accommodate this parking
rate and the proposed.
8. The center does provides 24 hour security guards and the interior and exterior areas of the
facility are monitored by video surveillance, to reinforce legal ordinances.
The proposed use will provide French bakery products for retail sale including French beer and
wine and provide seating for a maximum of 30 customers. The operational characteristics of the
use are that of a food service, eating and drinking establishment, which is a typical use in these
types of shopping centers.
Thank you for your review and please feel free to contact me with any questions or concerns.
Thank you,
Tiffany Sepetjian
Pandor Bakery
20
Attachment No. ZA 4
Police Department Memorandum
21
" NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
r._ rBEACH�"��
4 MEMORANDUM
TO: Chelsea Crager, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 10, 2018
SUBJECT: Pandor Bakery
1126 Irvine Avenue
Use Permit No. 2018-004 (PA2018-045)
At your request, the Police Department has reviewed the project application for Pandor Bakery
located at 1126 Irvine Avenue, Newport Beach. Per the project description, the applicant is
seeking a Minor Use Permit (MUP) to add a Type 41 (On Sale Beer and Wine) Alcoholic
Beverage Control License to an existing food service establishment, Pandor Bakery. The existing
and proposed hours are 7:00 a.m. to 11:00 p.m., daily.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises
in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the
city wide average, or an over saturation of alcohol licenses in a census tract compared to the
county. When undue concentration is found to exist, a judgment on Public Convenience or
Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the
application of PCN. While the final determination of PCN for a Type 41 license falls to the
Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address
PCN in the Conditional Use Permit (CUP) process.
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst Caroline Staub, which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant's place of business, 1126 Irvine
Avenue.
Crime Statistics
The Police Department divides 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 establishment's location is within Reporting District (RD) 28 which is triangular
in shape, bordered by Irvine Avenue, East 16'" Street, and Dover Drive. RD 28 is geographically
small, however densely populated due to a large apartment complex, Coronado at Newport.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both
22
Pandor Bakery
UP2018-006
felonies and misdemeanors, except traffic citations to ABC. These figures make up the "Crime
Count" which is indicated on the attached statistical data form.
This reporting district is reported to ABC as a high crime area as compared to other reporting
districts in the City. The crime count ranks 411 highest in the City at 117% over the City-wide
crime average. The highest volume crime is Burglary or Theft from an automobile and the highest
volume arrests are drug-related offenses. DUI, Public Intoxication, and liquor law violations make
up 9% of arrests in this reporting district. In comparison, the figure for neighboring RD 25 is 29%,
RD 26 is 22%, and RD 29 is 14%. The applicant location was the subject of two dispatch events
in 2017. Neither event was related to the business operations. This location meets the legal
criteria for undue concentration as it relates to crime (t3&P §23958.4).
Alcohol License Statistics
Per the Business and Professions code, while crime data is analyzed using local law
enforcement reporting districts, alcohol license information must be analyzed using census
tracts. The applicant premise is located within census tract 0630.1. This census tract has an
approximate population of 7,047 residents with 9 active retail licenses within 8 establishments.
That is a per capita ratio of 1 on -sale license for every 783 residents. Per the Business and
Professions code, we compare this census tract's on -sale per capita ratio to Orange County's
on -sale per capita ratio of 1 license for every 467 residents and find that Census Tract 0630.1 is
not oversaturated by legal definition. This location does not meet the legal criteria for undue
concentration as it relates to oversaturation. (B&P §23958.4).
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. The hours of operation shall be limited to 7:00 a.m. to 11:00 p.m., daily. The establishment
shall not permit any new customers after 11:00 p.m.
2. Food service from the regular menu shall be made available to patrons until closing.
3. 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) license, in conjunction with
the restaurant as the principal use of the facility.
4. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use may be cause for revocation of the use permit.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
23
Pandor Bakery
UP2018-006
7. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed. -
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. 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.
10. 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.
11. There shall be no live entertainment or dancing allowed on the premises.
12. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area
for standing or dancing shall be prohibited.
13. "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).
14. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person is prohibited.
15. 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.
16. 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.
17. 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 within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. 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 60 days of approval. 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.
18. Strict adherence to maximum occupancy limits is required.
24
Pandor Bakery
UP2018-006
19. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
20. 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 Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy/o at (949)644-3705 or wjoe@nbpd.org.
Pdllce Ci lian Investigator, Special Investigations Unit
Jay Short
Deputy Chief
25
NEWPORT BEACH POLICE DEPARTMENT
CHIEF ION T. LEWIS 2017 CRIME AND ALCOHOL-RELATED STATISTICS
eK
SUMMARY FOR PANDOR 6AKERY AT 1126 IRVINE AVE (RD28)
Subject:
1126 Irvine Ave 0 N/A N/A 0 N/A N/A Q N/A N/A 0 N/A N/A 0 N/A N/A'.
Subject RD: 117 +58 +97% 8 +2 +25% 197 +108 +122% 173 +99 +132% 290 +156 +117%
RD28
Adjacent RD: I
+96% 232 +98 +73%
RD25 86 +27 8 +2 +25% +60 +68% 146 +72
Adjacent RD: 73 +14 +23% 11 +5 +71% 144 +55 +62% 133 +59 +79% 206 +72 +54%
RD26
Adjacent RD: 71 7 +1 +9% 84 -5 -5% 70 -4 _6% 141 +7 +5%
JAL
Newport Beach 2,255 RD Average = 59 244 RD Average = 6 3,369 RD Average = 89 2,829 RD Average = 74 5,084 RD Average = 134
Port I Crimes are the 8 man serious crimes as defined by the FBI Uniform Crime Per By 13958A, crime count is the sum
Report- Homicide, Rape, Robbery, Aggravated Assault, Burglary, Lormny, Auto of Part I Crime plus Part 11 Arrests.
Theft, and Arson. This report reflects City of Newport Beach data for 1017.
Subject:
1126 Irvine Ave N/A 0 N/A 0
Subject Census 7,047 9 783 8 ��„/•
Tract: 630.1
Adjacent Census 5,917 22 269 15
Tract: 630.04 Roes
Adjacent Census 11653 5 331 4
Tract: 630.09
Adjacent Census
4,795 54 89 45
Tract: 634
Newport Beach 85,186 451 189 389
�nge County 3,010,232 6,452 467 5,561 •,�\, \ \
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 01/18/2018.
All Population figures taken from the 2010 US Census.
Legend
ABC Licenses
Cant
•
s--
• a -'a �
•
RD26
w ••
RD29
`RD28
- = Subject Location 3/19/2018
WWI
Attachment No. ZA 5
Minor Use Permit No. UP2011-031
27
December 14, 2011
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644-3200 rax: (949) 644-3229
Nvww. nc%vportbeachca. [tov
Attention: Tiffany Sepetjian
Pandor Bakery
2640 Walnut Avenue, Suite C
Tustin, CA 92780
Re:. Minor Use Permit No. UP2011-031 (PA2011-186)
1126 Irvine Avenue
Pandor Bakery
Dear Ms Sepetjian,
It was a pleasure processing the application for a minor use permit for Pandor Bakery at
1126 Irvine Avenue. Please find attached the signed staff report and Resolution for Approval
for your item. If you have any questions, please do not hesitate to contact me directly at
(949) 644-3237 or ksimsCa)newportbeachca.gov. Thank you and the City looks forward to
working with you in the future.
Sincerely,
Kay Sims, ssistant Planner
cc:
property owner
Irvine Company
100 Innovation
Irvine, CA 92617
Tnp it:12/01/I I
contact
Anthony Eckelberry
4535 Gainsborough Avenue
Los Angeles, CA 90027
22
RESOLUTION NO. ZA 2011-001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING MINOR USE PERMIT
NO. UP2011-031 FOR PANDOR BAKERY, A FOOD SERVICE,
EATING AND DRINKING ESTABLISHMENT LOCATED AT 1126
IRVINE AVENUE (PA2011-186)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tiffany Sepetjian, Pandor Bakery, with respect to property
located at 1126 Irvine Avenue, and legally described as Tract 4824, Lot 3 requesting
approval of a minor use permit.
2. The applicant proposes a minor use permit to convert 1,940 square feet of currently
vacant retail space to a food service, eating and drinking establishment, which will have a
net public area of 804 square feet and provide seating for a maximum of 30 customers.
The establishment will be located within the Westcliff Plaza Shopping Center and the
hours of operation will be between 7:00 a.m. and 11:00 p.m., daily.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Commercial Neighborhood (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 14, 2011 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. 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 Adminstrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
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 interior alterations to
convert currently vacant retail space to a food service, eating and drinking
establishment. The existing space will be remodeled with approval of a tenant
improvement building permit.
29
Zoning Administrator Resolution No. 001
Page 2 of 11
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The General Plan land use designation for this site is CN (Neighborhood
Commercial), which is intended to provide for areas appropriate for a limited
range of retail and service uses developed in one or more distinct centers
oriented to serve primarily the needs of and maintain compatibility with
residential uses in the immediate area. The proposed project is a food service,
eating and drinking establishment to be located within the Westcliff Plaza
shopping center (northeast corner of Irvine Avenue and Westcliff Drive). This
use is consistent with the General Plan Neighborhood Commercial (CN) land
use designation, which allows food service, eating and drinking establishments
as a commercial use.
2. This type of use is permitted in the Commercial Neighborhood (CN) land use
designation, subject to approval of a minor use permit. The proposed
establishment is located within the Westcliff Plaza shopping center and will be
compatible with existing and future permitted land uses within the area.
3. The subject property is not part of a specific plan area.
Finding
B. 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 within the Commercial Neighborhood (CN) Zoning District of
the Newport Beach Zoning Code. The intent of this district is to provide for
areas appropriate for a limited range of retail and service uses developed in one
or more distinct centers oriented to serve primarily the needs of and maintain
compatibility with residential uses in the immediate area. The proposed food
service, eating and drinking establishment is consistent with the land uses
permitted within this zoning district.
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30
Zoning Administrator Resolution No. 001
Page 3of11
2. Pursuant to Section 20.20.020 (Table 2-5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit,
because it is located within 500 feet of the residential zoning district located
northeast of the subject site.
3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of
approval are included in this approval to maintain those requirements.
4. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes
criteria to determine the parking requirements for uses from 1 parking space for
every 30-50 square feet of net public area. The proposed project has a net
public area of 804 square feet and has seating for a maximum of 30 customers.
The establishment is located within the Westcliff Plaza shopping center. Staff
determined that one (1) space for every 40 square feet of net public area is a
reasonable number to require for the proposed use, given the project
characteristics, parking supply, and mix of existing tenants located within the
shopping center. Based on the net public area of the proposed establishment, a
total of 21 parking spaces will be required (804/40 = 20.1 = 21). The Westcliff
Plaza shopping center site has surplus parking spaces available to provide the
parking spaces required to accommodate this parking rate and the proposed
use.
Finding
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding
1. The proposed project involves interior alterations to convert currently vacant
retail space within the Westcliff Plaza shopping center to a food service, eating
and drinking establishment. The shopping center will still provide a surplus of
parking spaces.
2. The proposed use will provide French bakery products for retail sale and
provide seating for a maximum of 30 customers. The operational characteristics
of the use are that of a food service, eating and drinking establishment, which is
a typical use in these types of shopping centers.
3. The hours of operation of the establishment will be between 7:00 a.m. and 11:00
p.m., daily.
4. The proposed establishment will be located within a shopping center in a
nonresidential zoning district. Although it is located less 500 feet of a residential
district directly to the northeast (within approximately 100 feet), it is not facing
the residential properties and is separated from them by a block wall,
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32
Zoning Administrator Resolution No. 001
Page 4 of 11
landscaped area, and parking lot. The separation provides screening and
protection from view and any noise generated by the establishment. The
applicant is also required to control trash and litter around the subject property.
5. 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.
Finding
D. 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 building and parking lot within the Westcliff Plaza shopping center
have functioned satisfactorily with the current configuration. The proposed
project, which includes interior alterations to convert currently vacant retail
space to a food service, eating and drinking establishment will not negatively
affect emergency access. The design, size, location, and operating
characteristics of the use are compatible with the existing uses within the
shopping center and the surrounding area.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided within the Westcliff Plaza shopping center and the surrounding
area.
3. The tenant 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
E. 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, a 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 this approval includes conditions 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
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S2
Zoning Administrator Resolution No. 001
Page 5 of 11
adjacent properties during business hours, if directly related to the patrons of the
establishment.
2 The restrictions on seating and net public area prevent adverse traffic impacts for
the surrounding residential and commercial uses.
3. The proposed food service, eating and drinking establishment will help revitalize
the project site and provide an economic opportunity for the property owner to
update the tenant space and provide additional services to the residents and
visitors in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2011-031, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 644-3200,
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 2011.
13
CP, Zoning Administrator
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33
Zoning Administrator Resolution No. 001
Page 6 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plan(s) and building elevations dated with this date of approval. (Except as modified by
applicable conditions of approval.)
2. This Minor Use Permit may be modified or revoked by the City Council, Planning
Commission, or Zoning Administrator 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.
3. 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.
4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
5. Minor Use Permit No. UP2011-031 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Zoning Code, unless an extension is otherwise granted.
6. 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.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
9. Prior to the issuance of a building .permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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34
Zoning Administrator Resolution No. 001
Page 7 of 11
10. Prior to the issuance of building permits, any applicable Fair Share Traffic Contribution
Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal
Code.
11. The indoor net public area shall be limited to a maximum of 804 square feet and 30
seats.
12. The proposed food service, eating and drinking establishment, shall have a parking
requirement of 1 space for every 40 square feet of net public area equaling a total of 21
parking spaces.
13. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
14. The hours of operation for the eating and drinking establishment are limited from 7:Q0
a.m. to 11:00 p.m., daily.
15. Live entertainment and dancing shall be prohibited as a part of the regular operation.
16. A covered wash-out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36 -inches wide, 36 -inches deep and 72 -inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Manager and Public Works Director in conjunction with the
approval of an alternate drainage plan.
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, 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.
18. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
19. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Community Development Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Community
Development Director may order the diming of light sources or other remediation upon
finding that the site is excessively illuminated.
20. The proprietor shall actively control any noise generated by the patrons of the facility.
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3,5
Zoning Administrator Resolution No. 001
Page 8 of 11
21. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code.
22. No outside paging system shall be utilized in conjunction with this establishment.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
24. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code regulations or any sign program applicable to the
property.
25. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off-site, to advertise the restaurant.
26. 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.
27. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
Tmpll: 03/08/11
3o
Between the hours
Between the hours
of 7:OOAM and
of 10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40cIBA
50dBA
Residential Property located
within
45dBA
60dBA
45dBA
50dBA
100 feet of a commercial
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
22. No outside paging system shall be utilized in conjunction with this establishment.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
24. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code regulations or any sign program applicable to the
property.
25. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off-site, to advertise the restaurant.
26. 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.
27. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
Tmpll: 03/08/11
3o
Zoning Administrator Resolution No. 001
Page 9 of 11
28. The size, design, and location of trash enclosures shall be subject to the review and
approval of the Public Works and Planning Division prior to issuance of building
permits.
29. 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.
30. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
31. All graffiti shall be removed within 48 hours notification from the City.
32. 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).
33. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this use permit.
34. 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.
35. Any changes to the existing parking lot design require review and approval from the
Public Works Department.
36. 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 Pandor including, but not limited to Use Permit No.
2011-031 and the determination that the project is exempt under the requirements of the
California Environmental Quality Act. 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.
Tmplt: 03/08/17
S
Zoning Administrator Resolution No. 001
Page 10 of 11
Building Division and Fire Department Conditions
37. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
38. A building permit is required to allow the change in use to an eating and drinking
establishment. The construction plans must comply with the most recent, City -adopted
version of the California Building Code.
39. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City -adopted
version of the California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Division.
40. The construction plans must meet all applicable State Disabilities Access requirements.
41. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
42. Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
43. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited unless there is an emergency.
44. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Public Works Department Conditions
45. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
46. New and existing fire services, when required by the Fire Department, shall be
protected by a University of Southern California approved double check detector
assemble and installed per STD -517-L.
47. New and existing commercial water meter(s) shall be protected by a University of
Southern California approved reduced pressure backflow assembly and installed per
STD -520 -L-A.
48. Existing sewer lateral shall have a cleanout installed per STD -406-L. Cleanout shall be
located within the existing sewer easement.
Tmpll: 03/08/11
S2
Zoning Administrator Resolution No. 001
Page 11 of 11
Revenue Department Conditions
49. A valid business license from the City of Newport Beach with sellers permit shall be
required prior to start of business. Any contractors/subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
Tmplt: 03/08/11
3J°
Attachment No. ZA 6
Project Plans
40
PA2018-045
VICINITY MAP T
CONTACT
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NEWPORT BEACH, CALIFORNIA
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42