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HomeMy WebLinkAboutZA2014-012 - MINOR USE PERMIT - 951 Newport Center DrRESOLUTION NO. ZA2014 -012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2014 -002 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND ALCOHOL SALES LOCATED AT 951 NEWPORT CENTER DRIVE (PA2014 -006) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Tracy Borkum, Cucina Enoteca, with respect to property located at 951 Newport Center Drive, and legally described as Lot S, Tract 6015, requesting approval of a Minor Use Permit. The applicant requests a Minor Use Permit for an eating and drinking establishment with late hours (after 11:00 p.m.) and alcohol sales (Type 47 ABC License — On Sale General). A restaurant that previously operated at this location was demolished, and a new 7,198- square -foot restaurant building with a 1,325- square -foot outdoor dining area is under construction. The proposed hours of operation are from 9:00 a.m. to 2:00 a.m., daily. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. 3. The subject property is located within the North Newport Center Planned Community (PC -56 — Fashion Island Sub -Area) Zoning District and the General Plan Land Use Element category is Regional Commercial (CR). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 24, 2014, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. The construction of the subject building was previously determined to be exempt from CEQA. The proposed project authorizes alcohol sales for an eating and drinking establishment within the building that is currently under construction. Zoning Administrator Resolution No. ZA2014 -012 Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of 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: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The proposed establishment is located within Reporting District 39, wherein the number of crimes is higher than adjacent Reporting Districts (RDs) and the City. The adjacent RDs (38 and 43) have a lower number of crimes as they are primarily residential. Due to the high concentration of commercial land uses and low population within RD39, the crime rate is greater than for adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within RD39. ii. The numbers of alcohol- related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The crime statistics are summarized in the table below: Location Calls for Part I Part II DUI Public Intoxication Service Crimes Crimes Arrests Arrests RD39 7,103 --F2 166 208 26 21 RD38 9 23 18 -1-0 RD43 797 97 24 31 5 2 2. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than in the adjacent primarily residential Reporting Districts, The Police Department does not consider the rate high because of the concentration of restaurants and other commercial uses within Fashion Island and the surrounding North Newport Center. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a new development project. Zoning Administrator Resolution No. ZA2014 -012 Page 3 of 10 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. No sensitive land uses are located within Fashion Island. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools. A hotel is located nearby, but the proposed use is not expected to disturb guests as it is separated by Newport Center Drive and a surface parking lot. Residential uses are allowed in San Joaquin Plaza at the northern portion of PC -56. The nearest residential uses located on Granville Drive and Santa Barbara Drive are not near the proposed use and are separated from the project site by parking lots, roadways, and other commercial uses. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. Several comparable restaurant establishments are located within the Fashion Island Shopping Center, including other pad restaurant tenants such as Roy's Hawaiian Fusion, Fleming's Steak House, True Food Kitchen, Red O, and Fig and Olive. Other similar restaurants within the interior of Fashion Island near the subject property include The Cheesecake Factory, P.F. Chang's, and California Pizza Kitchen. Several existing restaurants in the area have Type 47 ABC Licenses, and there is no evidence suggesting these uses have been detrimental to the neighborhood. An adequate security plan reviewed and approved by the Police Department is in place for the Fashion Island Shopping Center and the shopping center provides security. Furthermore, conditions of approval are proposed to adequately manage the late hours and alcohol sales components of the proposed project. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The proposed project is for a new restaurant, so it does not have any current objectionable conditions. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: 8. The use is consistent with the General Plan and any applicable specific plan. Zoning Administrator Resolution No. ZA2014 -012 Page 4 of 10 Facts in Support of Finding: The Land Use Element of the General Plan designates the project site as Regional Commercial (CR), which is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. The proposed restaurant with late hours and alcohol sales is a use that serves local and regional residents and is consistent with land uses in the CR land use designation. 2. The subject property is not located within 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 project is located in the Fashion Island Sub -Area of the PC -56 (North Newport Center Planned Community) Zoning District. Fashion Island is intended to be a regional retail and entertainment center and a day /evening destination with a wide variety of uses that serves visitors, residents, and employees of the area. The restaurant with late hours and alcohol sales is a commercial use that serves visitors, residents, shoppers, and employees in the area and, therefore, is consistent with the purposes of the North Newport Center Planned Community District for the Fashion Island Sub -Area. 2. Eating and Drinking Establishments are allowed uses within the Fashion Island Sub - Area. Pursuant to the PC -56 Development Plan, the on- premise sale of alcohol in conjunction with an eating and drinking establishment is subject to approval of a Minor Use Permit. 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 Fashion Island Sub -Area of the PC -56 Zoning District allows a range of retail, dining, service, and entertainment uses. While the proposed establishment provides a component of late night dining services, the use is compatible with surrounding allowed commercial uses in the vicinity and no sensitive land uses are located nearby. 2. The establishment would occupy a restaurant building at the southwestern portion of Fashion Island, and the building entrance is oriented away from Newport Center Drive towards the Fashion Island Shopping Center. Zoning Administrator Resolution No. ZA2014 -012 Paqe 5 of 10 3. The operational characteristics of the proposed establishment would be that of a typical restaurant that would serve residents, visitors, shoppers, and employees in the area. No dancing or live entertainment is proposed as part of the restaurant operations. Therefore, the operating characteristics would be compatible with the allowed commercial uses in the vicinity. 4. The proposed hours of operation are 9:00 a.m. to 2:00 a.m., daily. Operating between 6:00 a.m. and 2:00 a.m. should not prove detrimental to the community given the location and the adequate security plan that is in place for the Fashion Island Shopping Center and conditions of approval are proposed to adequately manage the late hours and alcohol sales components of the proposed restaurant. 5. Due to the late hours of operation (after 11:00 p.m.) and alcohol sales, approval of an Operator License by the Newport Beach Police Department will be required. The Fashion Island Security Plan will be reviewed and approved provided as part of the operator license process for the proposed business. An Operator License required pursuant to Municipal Code Chapter 5.25 may be subject to additional and /or more restrictive conditions to regulate and control potential nuisances associated with the operation of the restaurant. The Operator License will help ensure compatibility of the proposed business with the surrounding uses in the vicinity. 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 Fashion Island Shopping Center provides adequate parking and circulation within the surface parking lots and parking structures on site. The design, location, shape, and size have been suitable for the commercial uses on site. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 2. The building is under construction and was designed for a restaurant use with sufficient means of ingress and egress. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. Utilities are provided with all applicable requirements. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise Zoning Administrator Resolution No. ZA2014 -012 Paae 6 of 10 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 proposed use is similar to and compatible with other commercial uses in the vicinity, and complements the retail sales and service uses in the immediate area. The use will serve nearby residents, shoppers, employees, and visitors. 2. Fashion Island has a parking requirement of 3 spaces per 1,000 square feet for all commercial uses. Parking was analyzed and determined to be in compliance during plan check review for the construction of the building, and the proposed project does not change or increase the parking requirement. 3. The Police Department has reviewed the project and has no objection to the operation as described by the applicant. The Police Department believes that with the conditions of approval, the proposed project will not have a negative impact on the community and police services. 4. Fashion Island management has historically provided efficient on -site security and cooperates with the Newport Beach Police Department. The provision of an Operator License will further enable the Police Department to regulate the operation of the proposed use and address any objectionable conditions should they occur. 5. Compliance with the Municipal Code is required and will further ensure that the proposed use will not be detrimental. SECTION 4. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014 -002, 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 after the adoption of this Resolution unless within such time an appeal 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 24TH DAY OF APRIL, 2014. Zoning Administrator Resolution No. ZA2014 -012 Pace 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 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 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 pe rm it. 3. The Zoning Administrator, Planning Commission, or City Council may add to or modify conditions of approval to this Minor Use Permit, upon a determination that the operation which is subject of this Minor Use Permit causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 4. Any changes in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, shall require an amendment to this Minor Use Permit, unless otherwise approved by the Planning Division. 5. Should the business, subject to the Minor Use Permit conditioned herein, be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 6. The hours of operation shall be limited to between 6:00 a.m. to 2:00 a.m., daily. 7. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department for future building construction. 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. 8. Every room or space that is used for assembly having an occupant load of 50 or more shall have the occupant load of the room or space posted in a conspicuous place near the main exit. 9. The operator as well as any future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. Operator Licenses are not transferable. The Operator License may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the restaurant. 10. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Zoning Administrator first approves an amended Minor Use Permit. Zoning Administrator Resolution No. ZA2014 -012 Paae 8 of 10 11. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 12. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 13. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 14. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 15. 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. 16. 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. 17. There shall be no live entertainment allowed on the premises. 18. There shall be no dancing allowed on the premises. 19. Strict adherence to the maximum occupancy limits shall be required. 20. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 21. 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. 22. The use shall be operated consistent with approved security plan for Fashion Island at all times. 23. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other Zoning Administrator Resolution No. ZA2014 -012 Paae 9 of 10 certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 24. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 25. 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. 26. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 27. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure. 28. 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. 29. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the alcoholic beverage outlet and adjacent properties, if directly related to the patrons of the subject alcoholic beverage outlet. 30. This Minor Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code. 31. 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 the Cucina Enoteca Minor Use Permit including, but not limited to, the Minor Use Permit No. UP2014 -002 and Operator License No. OL2014 -002 (PA2014 -006). This indemnification shall include, but not be limited to, damages awarded Zoning Administrator Resolution No. ZA2014 -012 Page 10 of 10 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.