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HomeMy WebLinkAboutZA2017-015 - MUP EXPANSION OF OUTDOOR DINING AND REVISION TO HOURS OF OPERATION - 455 Newport Center Drive RESOLUTION NO. ZA2017-015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-035 FOR AN EXPANSION OF OUTDOOR DINING IN CONJUNCTION WITH ALCOHOL SALES AND SERVICE LOCATED AT FLEMING'S PRIME STEAKHOUSE, 455 NEWPORT CENTER DRIVE (PA2016-138) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bloomin' Brands, Inc., with respect to property located at 455 Newport Center Drive, and legally described as Parcel 1 of Lot Line Adjustment No. LLA 87-03, requesting approval of a minor use permit. 2. The applicant proposes to allow the sale and service of alcohol in conjunction with a newly expanded 1,595-square-foot outdoor dining patio at Fleming's Prime Steakhouse. Also proposed is a complete renovation of the interior of the restaurant as well as the front fagade and entry. The applicant requests to change the hours of operation to include lunch service on weekdays and to reduce the allowed hours on the existing outdoor dining patio. No changes are proposed to the existing alcohol license type. 3. The subject property is designated Regional Commercial (CR) by the General Plan Land Use Element and located within the Fashion Island Subarea of the North Newport Center Planned Community (PC-56) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 28, 2017, 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. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the alteration and addition of existing structures provided it will not result in an increase of 50 percent of the floor area of existing structures, or 2,500 square feet, whichever is less. In this case, the existing restaurant building is approximately 11,647 square feet. The proposed project will expand an Zoning Administrator Resolution No. ZA2017-015 Page 2 of 10 existing 156-square-foot outdoor dining area by 1,439 square feet and includes renovation of the existing restaurant tenant space. No addition of gross floor area is proposed and the total amount of seats will be reduced by seven. 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 proposed establishment is located within Reporting District 39, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD 43 and 47 have a lower number of crimes as they are primarily residential with few commercial uses. RD 44 has a slightly lower number of crimes as it contains many residential properties as well as the commercial corridor along East Coast Highway. Due to the high concentration of commercial land uses in Fashion Island, the crime rate and shoplifting rate is greater than adjacent Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. 2. At the close of 2015, two (2) Part One Crimes and two (2) Part Two Crime had been reported at the subject property. The Police Department does not object to the expanded outdoor dining area in conjunction with the reduced hours of operation. 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 residential Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding North Newport Center. 2. In 2015, twenty-four (24) calls for service representing 0.32 percent (24/7,497 = 0.32% percent)of all calls for service in the Reporting District have been reported at the existing 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 3 of 10 restaurant location in Fashion Island (455 Newport Center Drive). There was one (1) arrest reported and no 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. 1. Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. Residential uses are permitted in the northern sections of the PC-56 (North Newport Center Planned Community)Zoning District within Blocks 500, 600, 800, and San Joaquin Plaza. The proposed use is not located in close proximity to these residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are several other restaurants within the Fashion Island Shopping Center. These include tenants such as Roy's Hawaiian Fusion, True Food Kitchen, Whole Foods, Cheesecake Factory, P.F. Chang's, etc. These establishments have Type 41 (On Sale Beer and Wine) or Type 47 (On Sale General) alcohol licenses and there is no evidence suggesting these uses have been detrimental to the neighborhood. 2. The proposed hours of operation do not include late hours after 11 p.m. and an adequate security plan per the Police Department is in place for the Fashion Island Shopping Center. Conditions of approval are proposed to adequately manage alcohol service in the outdoor dining patio. V. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The proposed project will expand an outdoor dining area at an existing eating and drinking establishment, which has operated since 1998. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the expanded outdoor dining area with alcoholic beverage service and the proposed hours of operation. 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 use permit are set forth: 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 4 of 10 Finding B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. 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 outdoor dining area expansion and renovated eating and drinking establishment with alcoholic beverage sales will serve local and regional residents and is consistent with land uses in the CR land use designation. 2. 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 project is located in the Fashion Island Subarea of the PC-56 Zoning District. Fashion Island is intended to be a regional retail and entertainment center that is a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. An eating and drinking establishment with alcoholic beverage sales is a commercial use that serves visitors, residents, and employees in the area and, therefore, is consistent with the purposes of the North Newport Center Planned Community District. 2. Eating and Drinking Establishments are permitted uses within the Fashion Island Subarea of the North Newport Center Planned Community Zoning District. Pursuant to the Planned Community Text, the on-site sale of alcohol in conjunction with an eating and drinking establishment requires 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 Subarea permits a range of retail, dining, and commercial entertainment uses within the PC-56 Zoning District. The proposed outdoor dining area will be compatible with surrounding permitted commercial uses in the vicinity and there are no sensitive land uses located nearby. 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 5 of 10 2. Outdoor dining areas are common ancillary uses for eating and drinking establishments within Fashion Island. The project design is comparable to that of other similar nearby establishments. 3. The existing outdoor dining area is permitted to operate until 12 a.m., Sunday through Thursday, and until 1 a.m. on Friday and Saturday. The proposed project will reduce hours of operation for the expanded outdoor dining to 11 p.m. and will add an earlier opening hour for the interior dining area to provide for lunch service. The proposed hours of operation are compatible with the other restaurants in Fashion Island, and will complement those of other business operating in the area. 4. The on-site consumption of alcoholic beverages will be incidental to the eating and drinking establishment. The quarterly gross sales of alcoholic beverages will not exceed the gross sales of food during the same period, per the conditions of approval. Alcoholic beverage service will be under the supervision of employees who have completed a certified training program. 5. 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. 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 is generally required three parking spaces for every 1,000 square feet of gross floor area. As the proposed outdoor dining area is not gross floor area, no additional parking is required and adequate parking and circulation is provided within the surface parking lots and parking structures on site. 2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. Utilities are provided with all applicable requirements. 3. The proposed project will modify an existing eating and drinking establishment, which has operated at this location since 1998. 4. Improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 6 of 10 Finding F. 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, a 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 with alcohol service will serve visitors and the surrounding business community. The proposed outdoor dining area expansion and renovated eating and drinking establishment will provide alcohol service as a public convenience to visitors and workers within the surrounding area. 3. Fashion Island management has historically provided efficient on-site security and cooperates with the Newport Beach Police Department. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within 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. UP2016-035, subject to the conditions set forth in Exhibit"A,"which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP3637, Use Permit No. UP2003-028 (PA2003-182) and Outdoor Dining Permit No. OD2004-001 (PA2004-013), which upon vesting of the rights authorized by this minor use permit, shall become null and void. 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 7 of 10 PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 8 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. Alcohol service shall be limited to a Type 47 (On Sale General — Eating Place) Alcoholic Beverage Control License. 3. The regular business hours for the tenant shall be from 11 a.m. to 10 p.m., Sunday through Thursday, and from 11 a.m. to 11 p.m. on Friday and Saturday. The closing hour for all business operations shall be limited to 11 p.m. Any change to a later closing time shall require an Operator's License from the Police Department and an amendment to this Minor Use Permit. 4. 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. This Minor Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 5. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 6. Alcohol may be served within the interior of the establishment and on the outdoor dining area (licensed premises). Alcoholic beverages served by the establishment shall only be consumed on the licensed premises and shall not be consumed on any adjacent property. 7. 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. 8. 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. 9. 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. 10. There shall be no live entertainment on the premises. 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 9 of 10 11. There shall be no dancing allowed on the premises. 12. Strict adherence to maximum occupancy limits is required. 13. Any changes in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, shall require separate review and may require an amendment to this Minor Use Permit, unless otherwise approved by the Planning Division. Any changes in the business operation will require the preparation of an individual security plan subject to the review and approval of the Police Department. 14. All persons, 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 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 person'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. 15. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this 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. 16. The alcoholic beverage outlet 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. 17. 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. 18. 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. 19. 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. 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 Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the 01-03-17 Zoning Administrator Resolution No. ZA2017-015 Page 10 of 10 provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. Storage outside of the building shall be prohibited. 22. All proposed signs shall be in conformance with the provisions of the PC-56 (North Newport Center Planned Community), Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code, or an approved Comprehensive Sign Program for the project site. 23. 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 permit. 24. The Zoning Administrator 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, morals, comfort, or general welfare of the community. 25. 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. 26. This Minor Use Permit shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code. 27. 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 Fleming's Prime Steakhouse Outdoor Dining Expansion including, but not limited to, Minor Use Permit No. UP2016-035 (PA2016-138). 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. 28. 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. 01-03-17