HomeMy WebLinkAboutZA2015-013 - AMEND EXISTING USE PERMIT FOR UPGRADED ABC LICENSE - 2931 Coast Hwy E RESOLUTION NO. ZA2015-013
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-002 TO CHANGE THE ALCOHOL BEVERAGE
CONTROL LICENSE FOR AN EXISTING EATING AND
DRINKING ESTABLISHMENT FROM A TYPE 41 TO A TYPE 47
LOCATED AT 2931 E. COAST HIGHWAY (PA2015-004)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Henna Anisa Kapoor & Anju K. Sami, with respect to property
located at 2931 E. Coast Highway, and legally described as Resubdivision 0179 Parcel 1
Block G requesting approval of an amendment to an existing use permit.
2. The applicant proposes to amend previously approved Use Permit No. UP3009A-II to
change the Alcoholic Beverage Control (ABC) license at an existing eating and drinking
establishment (Mayur Indian Cuisine) from a Type 41 (On Sale Beer and Wine— Eating
Place) to a Type 47 (On Sale General — Eating Place). No changes to the existing
operation are proposed including no late hours.
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 and designated as Corridor
Commercial (CC-B) - (0.0 - 0.75 FAR).
5. A public hearing was held on March 26, 2015, in the Corona del Mar Conference Room
(Bay E-1 st 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 under Class 1 (Existing Facilities) of the Implementing Guidelines of the
California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves no alterations to the
existing restaurant with the only change to improve the restaurant with a Type 47 ABC
license to replace the existing Type 41 ABC license.
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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:
L 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 44 (RD 44). 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 44 is higher than adjacent Reporting Districts 43, 45,
47 but lower than 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 44 is
higher than adjacent Reporting Districts 43, 45, and 47 but less than the City overall.
The Police Department has reviewed the proposal and has no objection.
2. Year to date, one call for service representing less than one percent of all calls for
service in the Reporting District have been reported at the subject property. The one
call for service resulted in one arrest for public intoxication.
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 site is developed within a small-scale commercial shopping center along East
Coast Highway in Corona Del Mar which is consistent with the General Plan
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designation, Corridor Commercial. The shopping center consists 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 nature of the Commercial
Corridor area is to provide goods and services including eating and drinking
establishments designed to foster pedestrian activity from the surrounding residential
and commercial neighborhood. The nearest residential uses are behind the shopping
center site which is consistent with the design of the Corona del Mar Commercial
Corridor area. Eating and drinking establishments with incidental alcohol service have
existed at the subject location since 1982 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. The small-scale shopping center is occupied by one other establishment that sells
alcohol, Pirozzi Restaurant (Type 47). 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 1982.
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 small-scale 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.
In 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:
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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 Corridor Commercial (CC) which is intended
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 existing eating and drinking establishment is located within the Commercial
Corridor of Corona del Mar serves those working, residing, or visiting the surrounding
neighborhood, consistent with the CC 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 Corridor (CC) Zoning District which was intended to
provide 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. UP3009A-II which allowed the sale and service of food and beverage with incidental
beer and wine sales, and hours of operation that are permitted to extend to 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 including the existing net public area and seats or the hours
of operation.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
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Facts in Support of Findinq:
1, Eating and drinking establishments with the service of alcohol have operated at the
location since 1982 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.
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.
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 small-scale
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.
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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.
5. The eating and drinking establishment will continue to service the neighborhood by
providing dining services as a public convenience to the surrounding residential
neighborhood as well as visitors which is the intent of the Commercial Corridor area.
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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-002 (PA2015-004), 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. UP3009 A-ll, which upon vesting of the
rights authorized by Minor Use Permit No. UP2015-002 (PA2015-004), shall become
null and void
PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF MARCH, 2015.
By:
re d Wisneski,Al P,Zoning Administrator
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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. 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 a closing hour of 11:00 p.m., daily. Any increase
in the closing hour 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. A minimum one parking space for each 48 square feet of "net public area" shall be
provided on-site.
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. The facility shall comply with the provisions of Chapter 14.30 (Fats, Oils and Grease
Control) for commercial kitchen grease disposal. A grease interceptor shall be
installed, unless otherwise approved by the Building Division. Any changes to the
facility or use, including menu changes or the addition of cooking facilities, that may
result in the introduction of grease or similar byproducts shall be reviewed for
conformance with Chapter 14.30 and may at that time require the installation of a
grease interceptor.
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10. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Division.
11. 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.
12. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control (ABC) shall be a Type 47 (On-Sale General) in conjunction with the
service of food.
13. 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.
14. Bar counters for the service of alcoholic beverages shall be prohibited.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
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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).
20. 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.
21. 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.
22. 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.
23. There shall be no live entertainment.
24. No outside paging system shall be utilized in conjunction with this establishment.
25. 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.
26. 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.
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 Mayur Indian Cuisine including, but not limited to Minor
Use Permit No. UP2015-002 (PA2015-004). 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.
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Police Department Conditions
28. This approval does not permit the premises to operate as a bar, lounge, or nightclub
as defined by the Newport Beach Municipal Code.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
30. 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.
31. 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.
32. Dancing shall be prohibited, unless otherwise approved in conjunction with a Special
Events Permit.
33. Food service from the regular menu must be available to patrons up to thirty (30)
minutes before the scheduled closing time.
34. 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. There
shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
35. 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.
36. 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.
37. Strict adherence to maximum occupancy limits is required.
38. 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
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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.
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