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HomeMy WebLinkAboutZA2016-018 - UNIT B - FOOD SERVICE EATING AND DRINKING, NO LATE HOURS, TYPE 41 ABC - 211 Marine Ave RESOLUTION NO. ZA2016-018 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-006 FOR AN EXPANSION OF AN EXISTING FOOD SERVICE EATING AND DRINKING ESTABLISHMENT, INCLUDING A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, LOCATED AT 211 MARINE AVENUE SUITES A AND B (PA2016-025) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John De Frenza, with respect to property located at 211 Marine Avenue, Suites A and B, and legally described as Lot 23 in Tract 102 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the expansion of an existing 556- square-foot food service eating and drinking establishment located in Suite A, including Type 41 (On Sale Beer and Wine — Eating Place) alcohol sales, into the 438-square-foot retail space in Suite B. The total proposed net public area is 200 square feet. 3. The subject property is located within the Mixed Use Water Related (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2). 4. The subject property is located within the coastal zone and designated as Mixed Use Water Related (MU-W). 5. A public hearing was held on April 14, 2016, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities) of the Guidelines for CEQA. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior improvements to convert a retail space into a food service eating and drinking establishment and involves no expansion in floor area. Zoning Administrator Resolution No. ZA2016-018 Page 2 of 11 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits — Findings and Decision) and 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: Findinq: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: 1 . The following criteria has been considered: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. i. The property is located in Reporting District 42 (RD 42). 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 42 is lower than adjacent reporting districts 12, 41, and 43, and lower than the City overall. ii. In 2015, zero crimes were reported at the subject property. iii. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the expansion of the food service eating and drinking establishment and alcoholic beverage license. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. i. The number of alcohol related arrests and citations in RD 42 is lower than adjacent Reporting Districts 41 and 12, and is higher than adjacent Reporting District 43. ii. In 2015, six calls for service were reported at the subject property. None were for crimes due to the business practice of the applicant or over service of alcohol. c. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 3 of 11 L The use is located on Marine Avenue in a Mixed Use zoning designation which is consistent with the General Plan land use designation, Mixed Use Water Related. 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. H. The subject property is in close proximity to residential zoning districts, which is consistent with the intent of the General Plan land use designation, which is to support marine-related uses intermixed with buildings that provide residential on the upper floors. d. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. i. There are 14 active alcoholic beverage control licenses in RD 42, including the subject food service eating and drinking establishment. This equals a per capita ratio of one license for every 197 residents, and is lower than the citywide average of one license for every 194 residents. e. Whether or not the proposed amendment will resolve any current objectionable conditions. L 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. ii. The existing hours of operation of the food service eating and drinking establishment will minimize the potential effects on land use. The establishment closes by 10:00 p.m. daily, which will ensure the use does not become a late night bar, tavern, or nightclub. Hi. There are no current objectionable conditions caused by the sale of alcohol. Of the six calls for service to the subject property in 2015, none were for crimes due to the business practice of the applicant or over service of alcohol. Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the subject property is Mixed Use Water related, which permits uses that are permitted in the Commercial Recreational and 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 4 of 11 Marine (CM), Commercial Visitor-Serving (CV), and Mixed-Use Vertical (MU-V) designations. The proposed expanded food service eating and drinking establishment is a use that is permitted in these zones with approval of a minor use permit and is therefore consistent with the General Plan. 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The site is located in the MU-W2 (Mixed Use Water Related) Zoning District which is intended to intermix marine-related uses with general commercial, visitor-serving commercial and residential dwelling units. Food service eating and drinking establishments with alcohol and no late hours are permitted in this zone with approval of a minor use permit. 2. The existing food service eating and drinking establishment operates pursuant to Use Permit No. UP2010-016 which allowed the sale and service of food and beverages with incidental beer and wine sales, up to eight seats for customers, and hours of operation to 10:00 p.m. daily. 3. The use is proposed to remain a food service eating and drinking establishment with the same hours of operation and alcoholic beverage control license. 4. The proposed expansion will have a total of 200 square feet of net public area and will create the same parking demand of no more than 1 space per 250 square feet of gross floor area. Therefore, Zoning Code does not require additional parking to be added onsite. 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 existing use permit, which included beer and wine sales, has been in effect since 2010 and has not proven detrimental to the area. The proposed expansion will maintain the same operating hours, alcoholic beverage control license type, and operating characteristics as the existing food service eating and drinking establishment. 2. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will ensure compatibility with the 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 5 of 11 surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the food service 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. 3. 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 proposed area of expansion is located within an existing retail tenant space, Suite A. Suites A and B will be combined into one food service eating and drinking establishment and will therefore share cooking facilities, storage, and a restroom. The existing site and building design has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the expanded food service eating and drinking establishment. 2. Adequate public and emergency vehicle access, public services, and utilities are provided 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. 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 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 continue to service the neighborhood by providing dining services as a public convenience to the surrounding 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 6 of 11 residential neighborhood as well as the visitors to the area, which is an intent of the Mixed Use Water Related Zoning Designation. The service of alcohol will continue to complement the principal use of the establishment and provide an economic opportunity for the property owner and business owner to maintain a successful business in a way that 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 serving 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. UP2016-006, 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. 2010-016 as approved by the Planning Commission on September 9, 2010, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF APRIL, 2016. BY: "Wisneskii, P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. Z_A2016-018 Page 7 of 11 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. The applicant shall comply with all federal, state, and local laws. Material violation any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 3. The 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 permit. 5. Flours of operation shall be limited to 7:00 a.m, to 10:00 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 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). 7. The facility shall comply with the provisions of Chapter 14.30 (Fats, Oils, 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. 8. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Division. 9. 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. 03-03-2016 Zoning Administrator Resolution No. ZA2016-018 Pa e8of11 10. The type of alcoholic beverage control license issued by the California Board of Alcoholic Beverage Control (ABC) shall be a type 41 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require approval of the Zoning Administrator or Planning Commission, 11. 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. 12. Bar counters for the service of alcoholic beverages only shall be prohibited. 13. 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 conditional use permit in accordance with Chapter 20.96 of the Zoning Code. 14. 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. 15. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 16. 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. 17. 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. 18. No outside paging system shall be utilized in conjunction with this establishment. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 9 of 11 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director of Community Development may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 22. All signs shall conform to the provisions of Chapter 20.42 (Signs) of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off-site, to advertise the food service eating and drinking establishment. 23. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 24. All owners, 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 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. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 26. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 27. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 28. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 29. Service and consumption of alcoholic beverages shall be limited to the interior of the food service eating and drinking establishment. Applicant shall post and maintain a professional quality sign (clearly visible at front exit) that designates the specific area 03-03-2016 Zoning Administrator Resolution No. ZA2016-018 Page 10 of 11 where customers may consume alcoholic beverages. Posted sign shall read "NO ALCOHOLIC BEVERAGES MAY BE TAKEN BEYOND THIS POINT." 30. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City of Newport Beach on demand. 32. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 33. A covered wash-out area for refuse containers and kitchen equipment, with minimum usable dimensions of 36-inches wide and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Official and Public Works Director in conjunction with the approval of an alternate drainage plan. 34. The use permit is for the operation of full-service, small-scale food service eating and drinking establishment and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub, or commercial recreational entertainment venue. 35. No background music shall be allowed on any of the outdoor patios, dining areas, lounges, or waiting areas. 36. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 37. Full meal service shall be provided during all hours of operation. 38. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 39. All exits shall remain free of obstructions and available for ingress and egress at all times. 40. Strict adherence to maximum occupancy limits per the California Building Code is required. 41. All trash shall be stores within a commercial trash bin with a solid lid to screen the trash and maintain odors. The lid shall be kept closed at all times. The commercial trash bin 03-03-2015 Zoning Administrator Resolution No. ZA2016-018 Page 11 of 11 shall be located flush against the rear wall of the residential building and parallel to the alley to minimize its encroachment into the 10-foot alley setback. 42. 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 bin specified in Condition No. 41. 43. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 44. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 45. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department, including for the existing improvements that were constructed without the benefit of building permits. 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. 46. 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 property owner or the leasing agent. 47. 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. 48. 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 Crocker's Restaurant Expansion including, but not limited to, Minor Use Permit No. UP2016-006 (PA2016-025). 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. 03-03-2015