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HomeMy WebLinkAbout1955 - MUP FOR ALCOHOL - 3014 Balboa Blvd RESOLUTION NO. 1955 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH UPHOLDING THE ZONING ADMINISTRATOR'S DECISION APPROVING MINOR USE PERMIT NO. UP2014-013 TO ADD ALCOHOL SALES TO AN EXISTING RESTAURANT ESTABLISHMENT LOCATED AT 3014 BALBOA BOULEVARD (PA2014-058) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donnie Lancaster, with respect to property located at 3104 Balboa Boulevard, and legally described Lake Tract, Lot 1, Block 130 Including a Portion of Section 28, Township 6, Range 10 Between the same & Railroad right-of- way except Easterly 10 ft & Southerly 25 ft, requesting approval of a minor use permit. 2. The applicant proposes to add a Type 41 (On-sale Beer and Wine) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial - (0.0 - 0.30 FAR). 5. A public hearing was held on June 12, 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. 6. At the June 12, 2014, meeting the Zoning Administrator approved the application request pursuant to Zoning Administrator Resolution No. 2014-020. 7. On June 25, 2014, Councilmember Mike Henn appealed the decision of the Zoning Administrator. 8. At their Special Meeting held on August 11, 2014, the Planning Commission voted (6 ayes, 1 absent) to continue the scheduled public hearing on the appeal to the regular Planning Commission meeting scheduled for August 21, 2014, at the request of the applicant. 9. A public hearing was held on August 21, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was Planning Commission Resolution No. 1955 Page 2 of 11 given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITYACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sancho's Tacos is an existing food establishment. The proposed project involves the addition of an ABC License to sell and serve beer and wine. 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: 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 of the three adjacent RDs (Reporting Districts) are over the City average. However, RD 15 contains the large commercial shopping center known as The Landing at 32 d Street and Balboa Boulevard and includes much of Via Lido and Balboa Boulevard. The intent of the zoning designations in this beach area, as well as the two adjacent RDs, is to provide various commercial and retail uses to support the surrounding residential area and the surrounding visitor-serving and tourist destinations. These beach areas have a higher concentration of commercial land uses and therefore tend to have a higher crime rate than other areas in the City. Y. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 8-21-2014 Planning Commission Resolution No. 1955 Page 3 of 11 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests in RD 15 and the adjacent RDs are greater than other areas in the City. Additionally, the area is considered one of the most significant tourist areas of the City, which results in higher numbers of alcohol-related calls for service, crimes and arrests. 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. Although the commercial building is directly adjacent to a residential district, the building also abuts a large commercial shopping center developed as a commercial and retail area for the tourist area and surrounding residents. The nearest residential uses are located directly east of the subject property. An outdoor deck faces Balboa Boulevard and an outdoor patio is on the westerly side of the property abutting the shopping center. There are no parks nearby; however, the beach is approximately 480 feet southwest. There are no other sensitive land uses 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 32nd Street, Balboa Boulevard and Via Lido 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. The establishments within the immediate vicinity include Gina's Pizza, Crow Burger Kitchen, Chipotle, Malarkey's and Rudy's. 2. Due to the type and operation of the restaurant, which is conditioned to close at 9:00 p.m. and operating with only 20 seats, and conditions of approval that are in place to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments selling alcohol does not appear to raise 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 small restaurant with the same number of seats and hours of operation. There is no evidence that suggests this type of use has created objectionable conditions. 8-21-2014 Planning Commission Resolution No. 1955 Page 4 of I I 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 this site Neighborhood Commercial (CN) which is to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed addition of alcohol sales and service to the existing restaurant use is consistent with the CN designation as it is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. 3. Eating and drinking establishments are common along Balboa Boulevard and Newport Boulevard 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. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements, Table 2-5) of the Zoning Code, eating and drinking establishments located in the CN Zoning District with no late hours and alcohol service, are allowed with the approval of a minor use permit. 2. The existing parking and hours of operation will remain in place and are consistent with the existing Specialty Food Permit that the restaurant currently operates under. 3. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. 8-21-2014 Planning Commission Resolution No. 1955 Page 5 of 11 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 commercial area was designed to be occupied by a mix of restaurants, retail and service uses. The existing Sancho's Tacos restaurant complements the existing uses and is a typical and expected type of use in similar commercial districts. 2. The operation of the restaurant will continue to be restricted to the hours between 6:00 a.m, and 9:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. If the operation were to operate later than 9:00 p.m., the Planning Commission would not have approved the sale of alcohol due to the higher than average crime rate in Reporting District No. 15 and the establishment's proximity to residential uses. 3. The surrounding area contains various, retail, business office and visitor serving commercial uses including restaurants and take-out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the area. Due to the proximity of the outdoor patios to abutting walkways, alcohol could be passed to persons outside the control of the establishment potentially creating unlawful conditions to the detriment of the neighborhood. Therefore, alcohol should not be served or consumed on the outdoor patios. 4. 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. 5. The establishment is required to comply with the City's noise ordinances and no outside paging system or outside amplified music is allowed. 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 restaurant is currently in operation and the tenant space has been reviewed and permitted. 8-21-2014 Planning Commission Resolution No. 1955 Page 6 of 11 2. Original site plan approvals for the tenant space included a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans were 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 to ensure that the recommended conditions of approval 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 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-013, 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 3. This resolution supersedes Specialty Food Permit No. 46, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. 8-21-2014 Planning Commission Resolution No. 1955 Page 7 of 11 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF AUGUST, 2014. AYES: BROWN, HILLGREN, KOETTING, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: KRAMER BY: '7�1/ Larry Tucker, Chair BY: Jay yer , cret 8-21-2014 Planning Commission Resolution No. 1955 Page 8 of 11 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 Use Permit. 4. This Minor Use Permit may be modified or revoked by the Planning Commission 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. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval and may necessitate an amendment to this Minor Use Permit or the processing of a new use permit. 6. The hours of operation for the establishment shall be between 6:00 a.m. and 9:00 p.m., daily including the outdoor patio areas. 7. Seating for no more than 20 patrons shall be permitted. Of the 20 seats, eight may be located within the designated outdoor seating areas. 8. The boundary of the outdoor seating areas shall be marked through the use of a minimum 36-inch-high rail. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 9. A minimum of two parking spaces shall be provided on-site and shall remain clear of obstructions at all times. 10. 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. 11. No outside paging system and no outside amplified music shall be utilized in conjunction with this establishment. s-21-2014 Planning Commission Resolution No. 1955 Page 9 of 11 12. 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. 13. 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. 14. 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. 15. 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 (Water and Sewers), including all future amendments (including Water Quality related requirements). 16. 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 Director of Community Development, and may require an amendment to this Minor Use Permit. 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26, 10.28 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 TOOAM Between the hours of and 10:OOPM 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. 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- 8-21-2014 Planning Commission Resolution No. 1955 Page 10 of 11 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. This approval shall expire and become void unless exercised within 24 months from the actual date of review and 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. 21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Sancho's Tacos Minor Use Permit including, but not limited to, UP2014-013 (PA2014-058). 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. BUILDING DIVISION 22, Provide ADA access from the accessible parking area to the side patio seating. POLICE DEPARTMENT 23. The approval of Minor Use Permit No. UP2014-013 does not permit Sancho's Tacos to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 24. Food service from the regular menu shall be available to patrons up to thirty(30) minutes before the scheduled closing time. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 26. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. 27. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 8-21-2014 Planning Commission Resolution No. 1955 Pae 11 of 11 28. 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. 29. 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. 30. 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. 31. There shall be no live entertainment allowed on the premises. 32. There shall be no dancing allowed on the premises. 33. Strict adherence to maximum occupancy limits is required. 34. All persons selling alcoholic beverages shall be over the age of 21 and undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. 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. 35. Alcohol shall not be served or consumed on either outdoor patio. 36. The use of kegs, pitchers or other large volume dispensing or serving devices shall be prohibited. 8-21-2014