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HomeMy WebLinkAboutZA2014-049 - MINOR USE PERMIT (AMENDMENT TO UP2002-033) TO UPGRADE AN ABC LICENSE AT AN EXISTING EATING AND DRINKING ESTABLISHMENT TO A TYPE 47 (ON SALE GENERAL - EATING PLACE). - 1332 Bison Ave RESOLUTION NO. ZA2014-049 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-047 TO CHANGE THE ALCOHOL BEVERAGE CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT FROM A TYPE 41 TO A TYPE 47 LOCATED AT 1332 BISON AVENUE (PA2014-182) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Zabenza Inc., with respect to property located at 1332 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-140 requesting approval of an amendment to an existing use permit. 2. The applicant proposes to amend previously approved Use Permit No. UP2002-033 to change the Alcoholic Beverage Control (ABC) license at an existing eating and drinking establishment (Mozambique Peri Peri) from a Type 41 (On Sale Beer and Wine— Eating Place) to a Type 47 (On Sale General — Eating Place). Hours of operation will remain 10:00 am. to 11:00 p.m., daily. No late hours (after 11:00 p.m.) are proposed as part of this application. 3. The subject property is located within the Bonita Canyon Planned Community (PC 50) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 23, 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 action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of alcohol beverage control license at an existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA Zoning Administrator Resolution No. ZA2014-049 Pa e2of11 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 subject property is located in Reporting District 54 (RD 54). 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) crime rate in RD 54 is higher than adjacent Reporting Districts 51 and 52, but lower than Reporting District 36 and the City overall. 2. Year to date, zero Part One Crimes have been reported at the subject property. 3. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the change in alcoholic beverage license type proposed. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 54 is higher than adjacent Reporting Districts 51 and 52, but lower than Reporting District 36 and significantly less than the City overall. The Police Department has reviewed the proposal and has no objection. 2. Year to date, four calls for service representing less than one percent (4/1,141 = 0.3) of all calls for service in the Reporting District have been reported at the subject property. There have been no arrests or citations reported at the subject property. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 3 of I I 1. The site is developed with a commercial shopping center which is consistent with the General Plan designation, General Commercial. Properties within the shopping center consist of retail, service, and eating and drinking establishment uses. The property is not located within close proximity to any day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that attract minors. The nearest residential and recreational uses are buffered from the shopping center by MacArthur Boulevard and Bison Avenue. Eating and drinking establishments with incidental alcohol service have existed at the subject location since original construction of the shopping center in 2003 and the proposed change in Alcoholic Beverage Control license type 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. Multiple eating and drinking establishments within the shopping center including Wildfish Seafood Grille (Type 47), Islands (Type 47), Johnny's Real New York Pizza (Type 41), and Pei Wei (Type 41) sell alcoholic beverages. Mozambique Peri Peri currently operates with a Type 41 (On Sale Beer and Wine — Eating Place) license and has requested a change to a Type 47 (On-Sale General — Eating Place) license. There is no evidence suggesting this use has been detrimental to surrounding properties or the neighborhood. V. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. An eating and drinking establishment with alcohol service has operated at the subject location since 2003. 2. The project has been reviewed and conditioned to 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 residents and businesses is preserved. The service of alcohol is 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 existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 11:00 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The establishment is located within an existing shopping center which is developed with other commercial uses. Changing the alcohol beverage control license will not alter the existing operation, but will complement the food service and provide a convenience to customers. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 4 of 11 n 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 General Plan designates the site as General Commercial (CG) which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The existing eating and drinking establishment is located within the Bluffs Shopping Center and serves those working, residing, or visiting the surrounding neighborhood, consistent with the CG land use designation. 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 in Commercial Sub-Area 5 of the Bonita Canyon Planned Community (PC 50) Zoning District which was intended to provide for up to 55,000 square feet of commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 2. The existing eating and drinking establishment operates pursuant to Use Permit No. UP2002-033 which allowed the sale and service of food and beverage with incidental beer and wine sales, and established hours of operation between 10:00 a.m. and 11:00 p.m., daily. 3. The use will remain an eating and drinking establishment and the change in alcohol beverage control license will not alter or intensify the existing use. Further, there will be no change to the floor area or hours of operation. 4. The conditions of approval reflected in "Exhibit A" of this resolution ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 5 of 11 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. Eating and drinking establishments with the service of alcohol have operated at the shopping center since original construction in 2003 and have not proven detrimental to the area. 2. The principal use will remain an eating and drinking establishment and the change in license type will not alter the design, size, or operating characteristics of the facility. 3. The 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. The project has been conditioned to ensure the welfare of the surrounding community and that the eating and drinking establishment does not become a bar or tavern. The establishment is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 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 existing eating and drinking establishment is located within an existing shopping center and has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the use. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. 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 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 6 of 11 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 eating and drinking establishment will continue to service patrons of the shopping center, surrounding commercial buildings, and provide dining services as a public convenience to the surrounding neighborhood. The service of alcohol will continue to complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business in a way which best serves the community. 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. 4. Residential uses do not exist within close proximity of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-047 (PA2014-182), 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 fourteen (14) days following the date this Resolution was adopted 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. 3. This resolution supersedes Use Permit No. UP2002-033 (PA2002-159) approved November 15, 2002, which upon vesting of the rights authorized by Minor Use Permit No. UP2014-047 (PA2014-182), shall become null and void. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 7 of 11 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF DECEMBER, 2014. By: R re d Wisneski, AI P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 8 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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 Minor Use Permit. 3, 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. 4. The eating and drinking establishment as proposed will contain 1,968 gross square feet. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 5. Hours of operation shall be limited to between 10:00 a.m. and 11:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Minor Use Permit or the processing of a new use permit. 6. All employees shall park on-site. 7. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of the eating and drinking establishment. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets in accordance with Newport Beach Municipal Code Section 20.30.020 (Buffering and Screening), and shall be sound attenuated in accordance with Chapter 10.26 (Community Noise Control). 9. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Division and Public Works Department. This condition does not preclude the shared use of a common area grease interceptor device, if determined adequate by the Building Division and Public Works Department. 10. The facility shall comply with the provisions of Chapter 14.30 (Fats, Oils and Grease Control) for commercial kitchen grease disposal. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 9 of 11 11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Division. 12. Should the alcoholic beverage control (ABC) license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within thirty (30) days of transfer of the ABC license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this minor use permit. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control (ABC) shall be a Type 47 (On-Sale General for Bona Fide Eating Place) in conjunction with the service of food. 14. The alcoholic beverage sales for the purpose of on-site consumption shall be limited to the designated dining areas indicated on the floor plan submitted with the application. Any change in the operation of on-sale alcoholic beverage sales or increase in the dining area devoted to alcohol sales for customers shall be subject to the approval of an amendment to this minor use permit issued by the Zoning Administrator. 15. Bar counters for the service of alcoholic beverages shall be prohibited. 16. 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 during business hours. If the operator fails to discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke this minor use permit in accordance with Chapter 20.96 of the Zoning Code. 17. A covered wash-out area for refuse containers and kitchen equipment shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department. 18. 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. 19. 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. 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 or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 10 of 11 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. 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 twenty(20)feet of the premises. 22. 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 Use Permit. 23. 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. 24. There shall be no live entertainment. 25. No outside paging system shall be utilized in conjunction with this establishment. 26. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 27. This approval shall expire and become void unless exercised within twenty-four (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. 28. 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 Mozambique Peri Peri including, but not limited to Minor Use Permit No. UP2014-047 (PA2014-182). 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-049 Page 11 of 11 Police Department Conditions 29. This approval does not permit the premises to operate as a bar, 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. The applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point" at all exits leading from the dining area. 32. The 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. 33. Dancing shall be prohibited, unless otherwise approved in conjunction with a Special Events Permit. 34. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol 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. The retail market 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. 07-22-2014