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HomeMy WebLinkAboutZA2014-006 - Approving UP2014-001 2929 East Coast HighwayRESOLUTION NO. ZA2014 -006 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014 -001 TO ADD ALCOHOL SALES TO AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2929 EAST COAST HIGHWAY (PA2013 -249) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alessandro Pirozzi, with respect to property located at 2929 East Coast Highway, and legally described as Parcel 1 of Re- subdivision Number 179, requesting approval of a minor use permit. 2. The applicant proposes to add a Type 47 (On -Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. No late hours (after 11:00 p.m.) are proposed as part of this application. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial - (0.0 - 0.75 FAR) (CC -B). 5. A public hearing was held on February 13, 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. 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. Pirozzi Restaurant has been permitted to occupy a tenant space formerly occupied by a fast food restaurant (Kentucky Fried Chicken). The proposed project involves the addition of an ABC License to sell and serve alcohol. Zoning Administrator Resolution No. ZA2014 -006 Paae 2 of 9 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 44) is 93% over the City average while the crime rates in the adjacent RDs are lower than the City average. 2. Although the crime rate for RD 44 is higher than average for nearby RDs, the Police Department has reviewed the proposed operation and has no objection. 3. RD 44 contains Corona del Mar State Beach and the Corona del Mar commercial corridor along East Coast Highway east of Avocado Avenue. This area has a high concentration of commercial establishments and restaurants. There are currently 27 Alcoholic Beverage Control (ABC) Licenses in this RD. ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. 2013 alcohol crime related statistics indicate a higher number of alcohol related calls, crimes and arrests in RD 44 when compared to other areas in the City. In particular, RD 44 had 85 alcohol related 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. The subject tenant space is located within a small -scale commercial center which was developed as a retail and service center. The nearest residential uses are located directly west of the subject building. The nearest park, Bayside Park, is located approximately 850 feet southwest. Other sensitive land uses above are not located within close proximity of the subject building. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 3 of 9 iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. Several other establishments along Coast Highway currently have an active ABC license, 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 Mayur Cuisine of India, Port Restaurant, Port Theater, and The Place. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The subject tenant space has historically been occupied by a fast food restaurant with a similar number of seats and business hours. There is no evidence that suggests this type of use has created objectionable conditions. In accordance with Section 20.52.020.E (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 Corridor Commercial (CC) 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 food service use with the addition of alcohol sales and service is consistent with the CC designation as it is intended to provide a service not only to visitors traveling Coast Highway, but also to residents within the immediate neighborhood and surrounding area. 3. Eating and drinking establishments are common along East Coast Highway 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; 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 4 of 9 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 CC Zoning District classified as Food Service, Alcohol, No Late Hours, require the approval of a minor use permit. The property is located immediately east of a residential zoning district. 2. Pursuant to Zoning Code Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area) occurs. The previous fast food use, Kentucky Fried Chicken (KFC), had a parking requirement of 29 parking spaces and the proposed restaurant has a maximum parking requirement of 13 parking spaces based on a one parking space per 30 square feet of net public area ratio; therefore, the proposed restaurant complies with Zoning Code Section 20.38.060. 3. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity, Facts in Support of Finding 1. The commercial center was designed to be occupied by a mix of restaurants, retail and service uses. Pirozzi Restaurant will complement the existing uses and is a typical and expected type of use in similar commercial centers. 2. The operation of the restaurant will be restricted to the hours between 11:00 a.m. and 11:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial center. 3. The proposed food service use is appropriate given the establishment will be located along East Coast Highway which provides convenient access to motorists, pedestrians, and bicyclists. 4. The surrounding area contains various business office, retail, 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. 5. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 5 of 9 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. 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 will occupy a tenant space historically occupied by a food service use. All improvements to the tenant space have been reviewed and permitted. 2. Original site plan approvals for the development of the shopping center included a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided to the entire commercial center. The tenant improvement plans have been reviewed for compliance with applicable building and fire codes. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community in a commercial center 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 6 of 9 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 -001, 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 13TH DAY OF FEBRUARY, 2014. Wisneski, AIPP, Zoning Administrator 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 7 of 9 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 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. 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 11:00 a.m. and 11:00 p.m., daily. 7. 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. 8. No outside paging system shall be utilized in conjunction with this establishment. 9. 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. 10. 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 8 of 9 11. 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. 12. 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). 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 Pirozzi Restaurant Minor Use Permit including, but not limited to, UP2014 -001 (PA2013 -249). 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -006 Paae 9 of 9 POLICE DEPARTMENT 18. The approval of Minor Use Permit No. UP2014 -001 does not permit Pirozzi Restaurant 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. 19. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 20. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 21. 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. 22. 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. 23. 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. 24. There shall be no live entertainment allowed on the premises. 25. There shall be no dancing allowed on the premises. 26. Strict adherence to maximum occupancy limits is required. 10 -15 -2013