Loading...
HomeMy WebLinkAboutZA2020-070 - APPROVING MINOR USE PERMIT UP2020-171 FOR A FULL-SERVICE EATING AND DRINKING ESTABLISHMENT INCLUDING TYPE 41 ALCOHOLIC BEVERAGE LICENSE (ON-SALE BEER AND WINE) WITH NO LATE HOURS LOCATED AT 2200 WEST OCEAN FRONT SUITE, B (PA2020-224)RESOLUTION NO. ZA2020-070 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT UP2020-171 FOR A FULL-SERVICE EATING AND DRINKING ESTABLISHMENT INCLUDING TYPE 41 ALCOHOLIC BEVERAGE LICENSE (ON-SALE BEER AND WINE) WITH NO LATE HOURS LOCATED AT 2200 WEST OCEAN FRONT SUITE, B (PA2020-224) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 22nd Street Pizza, with respect to property located at 2200 West Ocean Front, Suite B, and legally described as Lot 1, Block 22 within the Newport Beach Tract requesting approval of a minor use permit. 2. The applicant proposes to convert an existing take-out service eating and drinking establishment and bike rental shop into a full-service eating and drinking establishment. The request includes 23 seats and a Type 41 Alcoholic Beverage Control License (On- Sale Beer and Wine) with no late hours. 3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan category is Mixed-Use Water (MU-W) and it is located within the Mixed-Use Water (MU- W2) Coastal Zone District. The project is exempt from the requirements of a Coastal Development Permit (CDP) because no additional parking is required, and the addition of alcohol sales is intended as a convenience for on-site patrons that already exists within the building and will essentially be shifted to this use with no net increase of licenses or parking. Therefore, the proposed changes are not considered an intensification of use. 5. A public hearing was held online on October 29, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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. Zoning Administrator Resolution No. ZA2020-070 Page 2 of 12 01-25-19 2. The proposed project involves minor interior improvements to an existing commercial space with no expansion in floor area or change in parking requirements. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code (NBMC), 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 purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The crime rate in the subject reporting district (RD 15) as well as two (2) of the three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15 contains the large commercial shopping center known as The Landing at 32 nd Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The purpose of the Zoning of these beach areas is to provide various commercial and retail uses to support the surrounding residential area as well as the surrounding tourist destinations. Therefore, these beach areas with a higher concentration of commercial land uses tend to have a higher crime rate than adjacent RDs. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent RDs. Additionally, this is the beach area that is considered one of the most significant tourist areas of the City. 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 commercial building is within a mixed-use area with residential and various commercial services including retail, eating and drinking establishments of a similar nature. The residential uses are intermixed amongst these uses. The neighborhood is intended and designed for mixed residential and commercial uses. T he subject Zoning Administrator Resolution No. ZA2020-070 Page 3 of 12 01-25-19 property is along the West Ocean Front public boardwalk and beach. Marina Park is more than 1,000 feet away. Other sensitive land uses above are not located within close proximity of the subject building. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Several other establishments along West Ocean Front, Balboa Boulevard currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. Approximately 250 feet south on McFadden Place is Rockin’ Baja Lobster, Taco Bell Cantina, the Stag Bar and Kitchen and The Blue Beet Bar. Across 22nd Street along the West Ocean Front Boardwalk are Blackies, Beach Ball Bar, Mutt Lynch’s Bar, Dory’s Deli, Oh Those Doughnuts and 21 Ocean Front Hotel before the Pier area. The Pier area includes Charlee’s Chili, Baja Sharkeez Bar and Sol Grill and various other take-out restaurants. 2. Due to the type and operation of the restaurant which is conditioned to close at 10:00 p.m. with only 23 seats, and the incorporation of additional conditions to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments does not appear to create foreseeable concern. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The subject building has historically been occupied by a full-service eating and drinking establishment with a Type 41 ABC license and drinking establishment with a greater number of seats and similar hours of operation (Urban Cup). There is no evidence that suggests this type of use has created objectionable conditions. Urban Cup will vacate, therefore there will be no net increase of ABC license within the subject building. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor 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 designates the site as Mixed-Use Water 2 (MU-W2) which applies to areas where it is the intent to establish waterfront locations in which marine-related uses are intermixed with commercial service use and residential. Zoning Administrator Resolution No. ZA2020-070 Page 4 of 12 01-25-19 2. The proposed full-service restaurant use is consistent with the (MU-W2) designation as it is intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. 3. Several mixed-use structures including visitor serving commercial such as eating and drinking establishment uses exist nearby and are complementary to the surrounding commercial and residential uses. 4. 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 property is designated by the Zoning Code as Mixed-Use Water (MU-W2), which applies to areas where it is the intent for waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed full service, eating and drinking establishment with alcohol service and no late hours requires a new minor use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). The property is located approximately 320 feet from a residential zoning district. 2. There is no existing parking on-site. The building has operated as commercial and food service uses since prior to 1994, when Use Permit No. UP3535 was approved, which memorialized the nonconforming restaurant use (Suite A) with up to 1,895 gross square feet and 634 square feet of net public area. In 2018, Urban Cup moved into Suite A under Minor Use Permit No. UP2017 -013 and reduced the net public area to 450 square feet. Based on the parking requirement of 1 space per 40 square feet of net public area for Urban Cup, there is a credit of 12 parking spaces. Suite B and Suite C have always been occupied by commercial and take-out service limited which is the same parking requirement as general commercial, 1 space per 250 square feet with a 4-space parking credit. This leaves a 16- space-parking credit for the entire building. Handel’s Homemade Ice Cream will occupy Suite A and will be processed under a separate permit, will use 8-spaces of the parking credit (take-out service limited, 1 space per 250 square feet) and 22nd Street Pizza will occupy Suite B and use the remaining 8-spaces of the parking credit (1 space per 40 square feet of net public area). The proposed uses require a total of 16 spaces, requiring no net increase in the required parking. 3. The parking requirement for a food service eating and drinking establishment is 1 space per 30-50 sf (square feet) of net public area (NPA). Staff recommends a parking requirement of 1 space per 40 sf of NPA for 22 nd Street Pizza (295/40 = 7.37) Zoning Administrator Resolution No. ZA2020-070 Page 5 of 12 01-25-19 which results in eight (8) spaces. The 1 space per 40 sf of NPA is appropriate for this type of use based on several physical design and operational characteristics. For example, there are only 23 seats included on the floor plan and the net public area is only 295 square feet. The existing operation includes take -out service which will be maintained and does add some added turn-over that is shared within that net public area. The project does not include outdoor dining and does not have opportunities for future outdoor dining. Lastly, the project is conditioned to prohibit live entertainment and dancing with no late hours. The eight spaces are covered by the existing parking credit for the building as outlined in Fact No. 2 above. 4. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. 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 establishment consists of 295 square feet of net public area, kitchen facilities, indoor storage and washing areas, a restroom, dedicated wash down area that will drain directly into the sewer system, and a covered trash enclosure with gate. All improvements to the space including the removal of the wall that combined the previous suites will require a Building Permit. 2. The hours operation of the restaurant will be restricted to the hours between 8:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The existing restaurant is located within an existing single-story building accessible from 22nd Street and the alley at the rear, which provides convenient access to motorists, pedestrians, and bicyclists. 4. The surrounding area contains various, retail and visitor serving commercial uses including restaurants and take-out eating establishments. The restaurant is compatible with the existing and permitted uses within the area. 5. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. Zoning Administrator Resolution No. ZA2020-070 Page 6 of 12 01-25-19 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; and Facts in Support of Finding 1. The tenant improvement for the commercial space is currently in the plan check process. 2. The tenant improvement includes a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans are required to be reviewed for compliance with applicable building and fire codes. 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, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community in a commercial area designed for such uses. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. All owners, managers, and employees selling or serving alcohol will be required to complete a Responsible Beverage Service Certification Program. Zoning Administrator Resolution No. ZA2020-070 Page 7 of 12 01-25-19 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2020-171, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. 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 . PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF OCTOBER, 2020. Zoning Administrator Resolution No. ZA2020-070 Page 8 of 12 01-25-19 EXHIBIT “A” Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Use Permit No. UP2020-171 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 5. This Use Permit shall not be effective until such time that Minor Use Permit No. UP2020- 170 becomes effective for Handel’s Ice Cream at 2200 West Ocean Front A, supersedes Use Permit No. UP2017-013 and Urban Cup is vacated. 6. The hours of operation shall be between 8:00 a.m. to 10:00 p.m., daily. 7. The net public area of the interior of the restaurant shall not exceed 295 square feet of net public area. An increase of this area will require an amendment to this use permit and potentially a parking waiver. 8. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Any change in operational characteristics, 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. 10. A copy of the resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. 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 Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order Zoning Administrator Resolution No. ZA2020-070 Page 9 of 12 01-25-19 the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. 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. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 14. 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. 15. Construction activities shall comply with Section 10.28.040 of the NBMC, 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. 16. No audible outside paging system shall be utilized in conjunction with this establishment. 17. 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. 18. Trash receptacles for patrons shall be conveniently located both inside and out side of the establishment, however, not located on or within any public property or right-of-way. 19. 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. 20. 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 Zoning Administrator Resolution No. ZA2020-070 Page 10 of 12 01-25-19 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). 21. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 22. 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. 23. 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 N BMC to require such permits. 24. 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 NBMC. 25. 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 22nd Street Pizza Minor Use Permit including, but not limited to, UP2020-171 (PA2020-224). 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 26. All customers must vacate the establishment 30 minutes after closing. 27. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. Zoning Administrator Resolution No. ZA2020-070 Page 11 of 12 01-25-19 28. 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 – Eating Place) license in conjunction with the restaurant as the principal use of the facility. 29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 30. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 31. There shall be no live entertainment or dancing allowed on the premises. 32. No games or contests requiring or involving the consum ption of alcoholic beverages shall be allowed. 33. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 34. No off-sales of alcohol shall be permitted. 35. Food service from the regular menu shall be made available to patrons until closing. 36. 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 beverage s 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. 37. 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. 38. “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). 39. 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. 40. 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 - Zoning Administrator Resolution No. ZA2020-070 Page 12 of 12 01-25-19 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 41. Strict adherence to maximum occupancy limits is required. 42. The applicant shall maintain a security recording system with a 30-day retention, and make those recordings available to the Police Department upon request. 43. 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. 44. 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 certifying/licensing body designated by the State of California. 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 . Building Division 45. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 46. The restaurant shall comply with Disable Access requirements.