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HomeMy WebLinkAboutZA2018-054 - MINOR USE PERMIT TO APPROVE A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE TO A RESTAURANT WITH NO LATE HOURS - 1126 IRVINE AVENUERESOLUTION NO. ZA2018-054 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. Zoning Administrator Resolution No. ZA2018-054 Page 2 of 11 07-11-17 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales ) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The 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. 1. This reporting district is reported to ABC as a high crime a rea 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. Zoning Administrator Resolution No. ZA2018-054 Page 3 of 11 07-11-17 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 seat ing 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 Zoning Administrator Resolution No. ZA2018-054 Page 4 of 11 07-11-17 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 di stinct 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. Zoning Administrator Resolution No. ZA2018-054 Page 5 of 11 07-11-17 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 op erating 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: 1. 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: Zoning Administrator Resolution No. ZA2018-054 Page 6 of 11 07-11-17 F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardi ze, 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 Zoning Administrator Resolution No. ZA2018-054 Page 7 of 11 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this 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: 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 Zoning Administrator Resolution No. ZA2018-054 Page 8 of 11 07-11-17 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 pu rposes. 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 g raffiti 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 rec eptacles 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 b e 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 Zoning Administrator Resolution No. ZA2018-054 Page 9 of 11 07-11-17 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 with in 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 ind irectly) 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. Zoning Administrator Resolution No. ZA2018-054 Page 10 of 11 07-11-17 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, a s 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 med ia 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 ma intained 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 Zoning Administrator Resolution No. ZA2018-054 Page 11 of 11 07-11-17 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.