HomeMy WebLinkAbout04_Circle Hook Restaurant Minor Use Permit_PA2017-189CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
T November 16, 2017
C,<,F00.N`P Agenda Item No. 4
SUBJECT:
Circle Hook Restaurant (PA2017-189)
SITE LOCATION:
3432 Via Oporto, Suite 104
• Minor Use Permit No. UP2017-025
APPLICANT:
Lido Group Retail, LLC
OWNER:
Thomas & Erika Carson and Amanda Breneman
PLANNER:
Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Coastal Land Use Category: Mixed Use Water Related (MU -W)
• Coastal Zoning District: Mixed Use -Water Related (MU -W2)
• General Plan: Mixed Use Water Related (MU -W2)
• Zoning District: Mixed -Use Water Related
PROJECT SUMMARY
A minor use permit to allow a food service eating and drinking establishement, Circle
Hook, with no late hours, a Type 41 (On Sale Beer nad Wine) Alcoholic Beverage Control
(ABC) licnese, and an outdoor dining patio.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because the new small scale
eating and drinking establishment is within an existing commercial building that has
no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2017-025 (Attachment No. ZA 1).
DISCUSSION
• The site is located in the MU -W2 Zoning District in Lido Marina Village, which is
intended to provide for waterfront areas appropriate for the development of marine -
related uses intermixed with general commercial, visitor -serving commercial and
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Zoning Administrator, November 16, 2017
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residential units on the upper floors. Eating and drinking establishments are permitted
uses subject to the approval of a use permit. Eating and drinking establishments with
no late hours (after 11 p.m.) require the approval of a minor use permit.
• The existing two-story commercial building was constructed in 1956 and the subject
tenant space was previously occupied by a retail store. There is an existing retail suite
abutting the proposed restaurant on the first floor and an existing office on the second
floor that will remain. Lido Marina Village, including the project site, is currently
undergoing an extensive remodel including improvements to the existing building
facades, right-of-way, and marina and new tenants. On December 18, 2014, the
Planning Commission approved Use Permit No. UP2014-014 (PA2014-002),
authorizing a comprehensive Parking Management Program for Lido Marina Village.
The Parking Management Program applies to approximately 112,029 square feet of
commercial floor area under the common ownership of DJM Capital Partners,
including several restaurants.
• The UP2014-014 establishes limits on eating and drinking establishments. With the
addition of the proposed restaurant, the maximum allowed area devoted to eating and
drinking establishments will not be exceeded. Therefore, adequate parking is provided
with the implementation of the Parking Management Plan approved with UP2014-014
including 100 employee parking spaces at Hoag Health Center with a shuttle.
• On October 19, 2017, the Planning Commission approved an amended Conditional
Use Permit (UP2017-019) authorizing changes to the Parking Management Plan
including additional off-site patron parking and changes to the off-site employee
parking shuttle service. Electra Cruises, a tenant within Lido Marina Village, has filed
an appeal of the Planning Commission's approval of UP2017-019 to the City Council
suggesting implementation of the revised Parking Management Plan has limited
availability of parking in the parking structure. Although the appeal has not been heard
or decided, approval of UP2017-019 requires the 100 employee spaces at Hoag
Health Center with the shuttle, which was not operating since May of 2017. With the
shuttle operating when parking demands require it (principally Fridays and Saturdays)
occupancy rates for the parking structure will drop to address Electra's concerns and
provide parking for the proposed restaurant.
• The request is for a minor use permit for the proposed food service eating and drinking
establishment, Circle Hook, which includes a Type 41 (On Sale Beer and Wine) Alcoholic
Beverage Control (ABC) license, and an outdoor dining patio. The establishment would
occupy an existing 954 -square -foot office/retail space within an existing commercial
building. Construction of the restaurant includes a kitchen and 295 -square -foot interior
dining area with 20 seats and a 129 -square -foot exterior dining area with 10 seats. The
proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay
frontage while maintaining the public walkway along the Bayfront with a minimum
unobstructed width of 6 feet.
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• The hours of operation are proposed to be 9 a.m. to 10 p.m., daily (no late hours).
• The operational conditions of approval recommended by the Police Department
(Attachment No. ZA 4) relative to the sale of alcoholic beverages will help to 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.
• 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.
• The proposed project is the addition of a visitor -serving, small-scale restaurant within
an existing shopping center with an approved shared parking arrangement. There is
no new building construction and all work will be within the existing building and there
is no intensification of use or change to the parking requirement; therefore, a Coastal
Development Permit is not required.
ENVIRONMENTAL REVIEW
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. The Class 1 exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The proposed project involves the interior alteration of an existing
commercial building. Therefore, the project qualifies for a categorical exemption under Class
1.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
Melinda Whelan
Assistant Planner
GBR/msw
Attachments
Tmpl[: 09/21/17
ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Project Plans
ZA 4
Police Department
Memo and Statistics
0
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2017-025 FOR A FOOD SERVICE EATING AND
DRINKING ESTABLISHMENT WITH A TYPE 41 (BEER AND
WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE,
OUTDOOR DINING WITH NO LATE HOURS AT 3432 VIA
OPORTO SUITE 104 (PA2017-189)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Dawn Simone for Lido Group Retail, LLC, with respect to
property located at 3432 Via Oporto, and legally described as Lot 24 and northwesterly
half of Lot 23 in Tract 1622 in the City of Newport Beach, County of Orange requesting
approval of a minor use permit.
2. The applicant proposes to operate a food service, eating and drinking establishment
including a Type 41 (Beer and Wine) Alcoholic Beverage Control (ABC) license, an outdoor
dining area, with no late hours.
3. The subject property is located within the MU -W2 (Mixed -Use Water Related) Zoning
District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU -W) and it is located within the Mixed -Use Water
Related (MU -W2) Coastal Zone District.
5. A public hearing was held on November 16, 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 hearing 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 hearing.
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 operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
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proposed project involves the interior alteration of an existing commercial building.
Therefore, the project qualifies for a categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales
of the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the
following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One
Crimes Rate for the City and adjacent districts. The crime rate in RD 15 is 243 percent
above the Citywide reporting district average. The higher crime rate is largely due to the
number of visitors to the Balboa Peninsula, the high concentration of restaurants, and
the high ratio of non-residential to residential uses. While the area does have a high
concentration of alcohol licenses, the findings can be made despite higher
concentrations of crimes and Lido Marina Village was designed to accommodate
restaurants. The service of alcoholic beverages would provide additional menu options
for customers and would enhance the economic viability of the business.
2. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has no objection to the addition of the alcoholic beverage license subject
to appropriate conditions of approval. The operation of the establishment includes the
approved floor plan with no separate bar counter or area and a closing hour of 10 p.m.
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 15 is
higher than RD 13, RD 16 and 25. The subject property has zero calls for service. The
Police Department has reviewed the proposal and has no objection.
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.
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1. The subject property is located in a mixed-use district where residential development
is permitted above the first floor. However, Lido Marina Village does not include any
residential development and there are no plans to add mixed-use.
2. A mixed-use development that includes two residential units is located approximately
375 feet to the south along Via Oporto. Residential properties are located approximately
430 feet to the west across Newport Boulevard. Additionally, multi -family residential
development is located 625 feet northeast of the Property across Newport Harbor.
3. The nearest place of recreation, the beach, is located approximately one half mile to
the west. The nearest church, St. James Episcopal Church, is located 1,050 feet to the
south of the subject property along Via Lido. The nearest school, Newport Elementary
School, is located approximately one mile to the southeast along West Balboa
Boulevard. The project site is not located in close proximity to a daycare center. The
proposed use is otherwise surrounded by other commercial retail and office uses.
4. The Balboa Peninsula is generally characterized by a high number of visitors, in which
commercial and residential zoning districts are located in close proximity to one
another. This location in Lido Marina Village has greater distance from sensitive land
uses than other commercial areas.
5. Eating and drinking establishments with incidental alcohol service are common in Lido
Marina Village and the proposed ABC license in conjunction with an early closing hour
is not anticipated to alter the operational characteristics of the use such that it becomes
detrimental to the area. The draft resolution includes conditions of approval to further
minimize negative impacts to surrounding land uses and ensure that the use remains
compatible with the surrounding community
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The Lido Marina Village was designed to accommodate multiple restaurants and the
proposed restaurant is expected to be located in close proximity to other food service
establishments. This includes a recently approved application for Nobu, a food service
with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located
at 3450 Via Oporto. The RD15 statistics indicate an over concentration of alcohol
licenses within this statistical area.
2. The per capita ratio of one license for every 69 residents is higher than the adjacent
districts and the average ratio for Orange County. This is due to the higher concentration
of commercial land uses, alcohol licenses attributed to adjacent marina operations,
lower number of residential properties, and high number of restaurants in Lido Marina
Village, Cannery Village, and McFadden Square. While the proposed restaurant is
located in close proximity to other establishments, the location in Lido Marina Village,
an established commercial area, together with the proposed operational characteristics
would make the service of alcoholic beverages appropriate.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. The existing commercial building has been vacant since renovations of Lido Marina
Village began at the end of 2013. The draft resolution has been conditioned to require
building improvements to bring the building into compliance with Building and Fire Code
requirements.
2. The project has been reviewed and conditioned to help 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 10 p.m., daily, which will ensure the use does
not become a late night bar, tavern, or nightclub.
4. The resolution includes conditions of approval to limit objectionable conditions related
to noise and trash from the establishment. All employees serving alcohol will be
required to be at least 21 years of age and receive ABC -required Licensee Education
on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training
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:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The MU -W2 (Mixed -Use Water Related) General Plan and CLUP land use designations
apply to waterfront properties in which marine -related uses may be intermixed with
general commercial, visitor -serving commercial, and residential dwelling units on the
upper floors. Although the subject property and surrounding development does not
include residential uses, the proposed eating and drinking establishment is consistent
with the visitor -serving land uses intended for the MU -W2 (Mixed -Use Water Related)
land use designation of the General Plan and CLUP.
2. The requested outdoor dining patio hours are compatible with the goals established for
Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes
the need for "a pedestrian -oriented village environment that reflects its waterfront
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location, providing a mix of uses that serve visitors and local residents." The proposed
outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage.
3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that
commercial uses adjoining residential neighborhoods should be designed to be
compatible and minimize impacts to these uses. There is no dancing or live
entertainment proposed and the only music will be ambient or background music.
4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis provided by the Lido
Marina Village Parking Demand Analysis and in accordance with the approved Parking
Management Program (Use Permit No. UP2014-014) demonstrates that an adequate
supply of parking will be provided based upon the shared use of parking within Lido
Marina Village.
5. Pursuant to Coastal Land Use policies the project will provide public access via a public
walkway along the water front with a width of minimum 6 -feet along bay and vertical.
6. 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:
The MU -W2 (Mixed -Use Water Related) zoning district applies to waterfront properties
in which marine -related uses may be intermixed with general commercial, visitor -serving
commercial, and residential dwelling units on the upper floors. Eating and drinking
establishments classified as Food Service, Late -Hours require the approval of
conditional use permit within the MU -W2 (Mixed -Use Water Related) Zoning District.
2. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also
requires that the review authority consider the relationship of outdoor dining to sensitive
noise receptors. The outdoor dining patio closing hour of 10 p.m., daily, will minimize noise
impacts to residents located across Newport Harbor.
3. The proposed use and required parking is consistent with the Lido Marina Village Parking
Management Program authorized under Use Permit No. UP2014-014.
4. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
5. The eating and drinking establishment is consistent with the Lido Marina Village Design
Guidelines. The renovation of the existing establishment will support local establishments
within Lido Marina Village and improve the pedestrian streetscape.
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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:
The commercial space is being improved with a new kitchen, a small dining area, and a
small outdoor dining area. There is an existing common restroom shared between first
floor suites. The existing infrastructure is adequate to accommodate the new eating and
drinking establishment. The location is compatible with other commercial uses in the
area and serves as a key restaurant anchor within Lido Marina Village. The eating and
drinking establishment also serves as an important visitor -serving use that benefits the
area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act.
2. The subject property is located in a relatively dense commercial village area with multiple
uses within a short distance of each other. Lido Marina Village is conducive to a
significant amount of walk-in patrons. No on-site parking is available for the subject
property but adequate parking is provided in the Lido Marina Village parking structure
and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved
Parking Management Program for Lido Marina Village (Use Permit No. UP2014-014).
3. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables and counter areas to accommodate 20 interior seats
and 10 outdoor dining patio seats. The hours of operation have been limited to stagger
and minimize the demand for police services in the area. The applicant is required to
maintain substantial conformance with the approved floor plan in conjunction with a
Type 41 (On Sale Beer and Wine) alcohol license so that the restaurant's primary use
is an eating and drinking establishment and not a bar, lounge, or night club. Live
entertainment is not permitted.
4. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
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:
The project site is located within an existing commercial building with the space
previously used for retail. The interior construction for the small scale establishment
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includes a new kitchen and dining area, and an outdoor dining area. The design,
size, location, and operating characteristics of the use are compatible with the
surrounding Lido Marina Village development.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
3. The design of the tenant improvements will comply with all Building, Public Works,
and Fire Codes, and will be approved by the Orange County Health Department.
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 tenant improvements to the existing commercial building should have a positive
impact on the area and may promote further revitalization of commercial properties
located in Lido Marina Village. The eating and drinking establishment will serve the
surrounding community.
2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Turning music at
the patio off at 10 p.m. will ensure the restaurant will remain in compliance with Chapter
10.26 (Community Noise Control) of the Newport Beach Municipal Code.
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The limited hours
reduce impacts to surrounding land uses and sufficient parking is available in the area
to accommodate the eating and drinking establishment. The operator is required to take
reasonable steps to discourage and correct objectionable conditions that constitute a
nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks,
or parking lots of the restaurant, during business hours, if directly related to the patrons
of the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2017-025, subject to the conditions set forth in Exhibit "A," which is attached hereto
and incorporated by reference.
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2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal 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 16th DAY OF NOVEMBER, 2017.
Patrick J. Alford, 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. Minor Use Permit No. UP2017-025 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This Minor Use Permit may be modified or revoked by the Zoning Administrator
should they determine 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new Minor Use Permit.
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. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. 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.
10. Prior to issuance of building permits, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
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architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Conditional Use Permit
and shall highlight the approved elements such that they are readily discernible from
other elements of the plans.
11. The hours of operation for the restaurant (interior and exterior) shall be of the
restaurant shall be limited between 9 a.m. to 10 p.m., daily.
12. That the "net public area" shall not exceed 295 square feet for the interior of the
subject restaurant facility.
13. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patio shall be limited to 129 square feet in area.
14. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure.
15. There shall be no dancing allowed on the premises.
16. Live entertainment shall not be permitted unless an amendment to this Use Permit is
approved and the operator has obtained a live entertainment permit from the Revenue
Division.
17. The installation of roof coverings shall not have the effect of creating a permanent
enclosure of the outdoor patio area. The use of umbrellas for shade purposes shall
be permitted. The use of any other type of overhead covering shall be subject to
review and approval by the Community Development Director and may require an
amendment to this permit.
18. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
19. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to
advertise the restaurant facility. 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.
20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
The Community Development Director 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
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comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre-recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall
be limited to no more than depicted below for the specified time period unless the
ambient noise level is higher:
22. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday
and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not
allowed on Sundays or Holidays.
23. An outdoor sound system shall be permitted within the outdoor dining areas for music
played at a background level. Music on the outdoor dining patios shall be turned off
at 10 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal
Code.
24. 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.
25. 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.
26. All trash shall be stored within the building, except when placed for pick-up by refuse
collection agencies. 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).
0-11-17
10
Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7:00 a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
22. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday
and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not
allowed on Sundays or Holidays.
23. An outdoor sound system shall be permitted within the outdoor dining areas for music
played at a background level. Music on the outdoor dining patios shall be turned off
at 10 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal
Code.
24. 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.
25. 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.
26. All trash shall be stored within the building, except when placed for pick-up by refuse
collection agencies. 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).
0-11-17
10
Zoning Administrator Resolution No. ZA2017-###
Pape 12 of 14
27. Trash receptacles for patrons shall be conveniently located inside of the
establishment. 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.
28. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
29. 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 Circle Hook Minor Use Permit
including, but not limited to, Minor Use Permit No. UP2017-025. 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.
Police Department Conditions
30. All customers must vacate the establishment 30 minutes after closing.
31. The approval is for an eating and drinking establishment with on -sale alcoholic
beverage service. The type of alcoholic beverage license issued by the California
Board of Alcoholic Beverage Control shall be a Type 41 (on -sale beer and wine)
license, in conjunction with the restaurant as the principal use of the facility.
32. All owners, managers, and employees must abide by all requirements and
conditions of the Alcoholic Beverage License.
33. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the Newport Beach Municipal Code.
34. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
35. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
07 -it -17
17
Zoning Administrator Resolution No. ZA2017-###
Pape 13 of 14
36. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
37. No off -sales of alcohol shall be permitted.
38. 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.
39. 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
which are clearly visible to the exterior shall constitute a violation of this condition.
40. "VIP" passes or other passes to enter the establishment, as well as door charges,
cover charges, or any other form of admission charge, including minimum drink
order of the sale of drinks is prohibited (excluding charges for prix fixe meals).
41. 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 is
prohibited.
42. 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.
43. 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.
44. 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.
45. Strict adherence to maximum occupancy limits is required.
07 -it -17
18
Zoning Administrator Resolution No. ZA2017-###
Paqe 14 of 14
46. The applicant shall maintain a security recording system with a 30 -day retention and
make those recording available to police upon request.
Fire Department Conditions
47. A hood fire suppression system shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that
produce grease vapors. California Fire Code Section 609.2.
Building Division Conditions
48. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an
eating and drinking establishment. 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. Complete sets of
drawings including architectural, electrical, mechanical, and plumbing plans shall be
required at plan check.
49. Approval from the Orange County Health Department is required prior to the issuance
of a building permit.
50. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
Public Works Conditions
51. Along the Bayfront, the minimum 6 -foot pedestrian easement including vertical shall
remain open and clear of all obstructions including the outdoor dining area.
07-11-17
19
Attachment No. ZA 2
Vicinity Map
20
Minor Use Permit No. UP2017-025
PA2017-189
3432 Via Oporto, Suite 104
::1j
Attachment No. ZA 3
Project Plans
22
PA2017-189
T E N A N T
I M P R O V E M E N T F O R
3 4 3 2 V I A O P 0 H T 0 s T E 1 0 4
N E LV P 0 R T 0 E A C H C A 9 2 0 0 3
GENERAL NOTES ABBREVIATIONS PROJECT INFORMATION SHEET INDEX
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COVER SHEEE
PA2017-189
LEGEND
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In -;
DATA
NUMBERS
aNo
ARCHITECTS
17842 6&y Pa
ak CFo,p. BV11a B
Imina, Califarn:a 82814
port6- 949,757.2240
W vfNSIM1 f-pI C114p111
MASTER PHASING. PLAN
mLwo ec
REFERENCE ONLY p MPP
MASTER PHASING PLAN 14
01 SITE PLAN
SCALE: I" =1'-0"
(N) GREASE DUCT. MAINTAIN ALL
REQUIRED CLEARANCES PER
MANUFACTURERS INSTALLATION
INSTRUCTIONS.
(N) ROOF TOP EXHAUST FAN.
ROOF PLAN NOTES
• ALL ROOFING WORK TO BE PERFORMED BY LANDLORD'S ROOFING CONTRACTOR.
W
ROOF PLAN
SCALE: 8" =1'-0"
2ND FLOOR AREA OF WORK BELOW
NOTE: PER CITY OF NEWPORT BEACH MUNICIPAL
CODE SECTION 20.30.020, ROOF -MOUNTED
MECHANICAL EQUIPMENT SHALL NOT BE
VISIBLE IN ANY DIRECTION FROM A PUBLIC
RIGHT-OF-WAY OR ADJACENT RESIDENTIAL
PROPERTY, AS MAY BE SEEN FROM A POINT SIX
FEET ABOVE GROUND LEVEL
*FINAL APPROVAL SUBJECT TO ON-SITE
INSPECTION.
ISSUED FOR:
PERMIT
ME
� m
z
a
U
215
REVISIONS
0
MUP
0
FOR PERMIT
0
PCC
D
D
0
JOB NUMBER:
XXXXX
DATE:
07.21.18
SITE PLAN
SHEET NUMBER:
215
PA2017-189
HRT
M
FLOOD MN
SCALE. 8° =I O°
EYSC
COMMON
AREA RESTRM
RFC
SUITE
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SOLAR E rOT TABULATIONS
PROPOSED
INDOOR.. 954SO.FN.
PATIO. t29SQ.FT.
TOTAL= 1.00 SOFT.
PROPOSED NET PUBLIC AREA
INDOOR= 29E SOFT,
OUTDOOR= 129 SQFF.
TOTAL- 0A SOFT.
RESTAURANTSEASINO
INDOOR. 20
OUTDOOR= to
TOTAL= 30
RESTROOM NOTES
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Attachment No. ZA 4
Police Department Memo and Statistics
2�
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
►IAIMAiG_►- u
TO: Melinda Whelan, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 30, 2017
SUBJECT: Circle Hook Fish Co.
3432 Via Oporto
Use Permit No. 2017-025 (PA2017-189)
At your request, the Police Department has reviewed the project application for Circle
Hook Fish Co. located at 3432 Via Oporto, Newport Beach. Per the project description,
the applicant is seeking a Minor Use Permit to allow a 954 -square foot food service
restaurant with a Type 41 (on -sale beer and wine) Alcoholic Beverage Control License
and a 129 -square foot outdoor dining patio. The restaurant will include 20 seats inside
and 10 seats outside. No late night hours or live entertainment are proposed therefore
an Operator License will not be required for this establishment.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant
premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as
compared to the city wide average, or an over saturation of alcohol licenses in a census
tract compared to the county. When undue concentration is found to exist, a judgment
on Public Convenience or Necessity (PCN) is required. However, there is no definitive
or uniform guideline defining the application of PCN. While the final determination of
PCN for a Type 41 license falls to the Department of Alcoholic Beverage Control (ABC),
ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP)
process.
Attached is a summary report compiled by Newport Beach Police Department (NBPD)
Crime Analyst Caroline Staub, which provides detailed statistical information related to
alcohol establishments and calls for service in and around the applicant's current place
of business at 3432 Via Oporto.
Crime Statistics
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate
W
Circle Hook Fish Co.
UP2017-025
officer locations while policing. The proposed applicant location is within Reporting
District (RD) 15 which stretches from 37th Street to 201' Street. RD 15 is our highest crime
area in Newport Beach with significant quality -of -life concerns for the residents, as well
as the Police Department. This location meets the legal criteria for undue concentration
(8&P §23958.4).
Alcohol License Statistics
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 5,726 residents with 83 active alcohol licenses and 73
licensed establishments. That is a per capita ratio of 1 license for every 69 residents.
Per the Business and Professions code, we compare this per capita ratio to Orange
County's on -sale per capita ratio of 1 license for every 477 residents. This location meets
the legal criteria for undue concentration (t3&P §23958.4).
Discussion and Recommendations
The above statistical information is provided for educational reference and perspective.
The Police Department is routinely concerned when new alcohol licenses are added
within the City's over concentrated areas. However, given this restaurant has no late
hours, the Police Department has no objection to the application if the following
conditions are imposed.
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. All customers must vacate the establishment 30 minutes after closing.
2. The approval is for an eating and drinking establishment with on -sale alcoholic
beverage service. The type of alcoholic beverage license issued by the California
Board of Alcoholic Beverage Control shall be a Type 41 (on -sale beer and wine)
license, in conjunction with the restaurant as the principal use of the facility.
3. All owners, managers and employees must abide by all requirements and
conditions of the Alcoholic Beverage License.
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.
5. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
6. No games or contests requiring or involving the consumption of alcoholic
beverages shall be allowed.
V
29
Circle Hook Fish Co.
UP2017-025
7. There shall be no reduced price alcoholic beverage promotions after 9pm.
8. No off -sales of alcohol shall be permitted.
9. 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.
10. 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
which are clearly visible to the exterior shall constitute a violation of this condition.
11. "VIP" passes or other passes to enter the establishment, as well as door charges,
cover charges, or any other form of admission charge, including minimum drink order
of the sale of drinks is prohibited (excluding charges for prix fixe meals).
12. 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 is prohibited.
13. 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.
14. 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.
15. 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.
3
30
Circle Hook Fish Co.
UP2017-025
16. Strict adherence to maximum occupancy limits is required.
17. The applicant shall maintain a security recording system with a 30 -day retention and
make those recording available to police upon request.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. 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.
If you have any questions as to the content of this memorandum, please contact
Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
Jeff Brouwer
Deputy Chief
4
31
NEWPORT BEACH POLICE DEPARTMENT
0 2016 CRIME AND ALCOHOL-RELATED STATISTICS
CHIEF JON T. LEWIS
SUMMARY FOR CIRCLE HOOK FISH CO. AT 3432 VIA OPORTO #104 (RD15)
Subject:
not applicable
0
3432 Via 6;111111111110
0
#104
0
0 not applicable not applicable not applicable not applicable
Subject RD:
338
Subject Census
8,668
288 84 +204 +243% Simple Assault
RD15
Intoxication
Adjacent RD:
5,726
83
69
3,829
93 84 +9 +11% Vandalism
RD13
Adjacent RD:
Burg/Theft
Adjacent Census
3,667
105 84 +21 +25%
RD16
Intoxication
From Auto
Adjacent RD:
4,220
Burg/Theft
117
3,4
84 +52 +62%
RD25
6
From Auto
4
155
Newport Beach
93,685
3,177 not applicable not applicable not applicableBurg/Theft
Intoxication
From Auto
120
6,221
'Part I Crimes ore the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide,
778
8
Rape, Robbery, Aggravated Assault, Burglary, Larceny -Theft, Auto Theft, and Arson. This report
Tract: 636.03
351
reflects City of Newport Beach Part I crime dotafor2016, as well as Simple Assault and Vandalism.
Subject
3432 Via Oporto
not applicable
0
notapplicable
0
#104
41
259
7
338
Subject Census
Intoxication
5,726
83
69
73
Tract: 635
2
142
Adjacent Census
Intoxication
4,220
36
117
32
Tract: 628
6
56
4
155
Adjacent Census
Intoxication
120
6,221
8
778
8
Tract: 636.03
351
663
18
Drug -Related
1,068
Adjacent Census
Tract: 634
4,795
48
100
39
Newport Beach
85,186
439
194
389
Orange County
3,010,232
6,314
at 477
5,561
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 02/16/2017.
All Population figures taken from the 2010 US Census.
Legend
ABC Licenses
Ccunt
• 3-t
0 5-7
• b-11
A= Subject Location
•
RDf3
S2
10/5/2017
Public
591
41
259
7
338
Intoxication
Public
178
2
142
Intoxication
Public
172
6
56
4
155
Intoxication
120
21
23
2
Drug -Related
3,457
351
663
18
Drug -Related
1,068
Legend
ABC Licenses
Ccunt
• 3-t
0 5-7
• b-11
A= Subject Location
•
RDf3
S2
10/5/2017