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Home My WebLink About02_Arc Butcher and Baker Minor Use Permit_PA2019-105CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 29, 2019 C,<�F00.N`P Agenda Item No. 2 SUBJECT: Arc Butcher and Baker Minor Use Permit (PA2019-105) • Minor Use Permit No. UP2019-026 SITE LOCATION: 417 30th Street APPLICANT: DSH Industries, LLC OWNER: Marin Howarth Von Blom and Noah Von Blom PLANNER: Melinda Whelan, Assistant Planner 949- 644-3221, mwhelan@newportbeachca.gov LAND USE AND ZONING • Coastal Land Use Category: Mixed -Use Horizontal (MU-H) • Coastal Zoning District: Mixed -Use Cannery Village/ 151' Street (MU-CV/15"' St) • General Plan: Mixed Use Horizontal (MU-H4) • Zoning District: Mixed -Use Cannery Village/15th Street (MU-CV/15th Street) PROJECT SUMMARY Request for a Minor Use Permit to convert an existing take-out service eating and drinking establishment into a full -service eating and drinking establishment. The request includes adding 4 seats for a total of 10 seats and adding a Type 41 Alcoholic Beverage Control License (On -Sale Beer and Wine). The hours of operation will remain consistent with the existing operation at 7:00 a.m. to 10:00 p.m. and existing on -site parking is provided with 8 parking spaces. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2019-026 (Attachment No. ZA 1). 1 Arc Butcher and Baker Minor Use Permit (PA2019-105) Zoning Administrator, August 29, 2019 Page 2 DISCUSSION The subject property is located on the northerly side of 30th Street within Cannery Village on the Balboa Peninsula. The property is developed with a 1,980-square- foot single -story building and on -site parking consisting of eight parking spaces. Four spaces are accessed from the alley at the rear and four spaces are accessed from 30th Street. The existing take-out service restaurant, Arc Butcher and Baker operates under the existing Minor Use Permit No. UP2015-046 and is currently permitted a maximum of six seats and no alcohol service. The existing establishment has been in operation since 2016. Adjacent properties to the north and west consist of office uses. A mixed -use development is located to the west and a public parking lot is located to the south. Other uses nearby include personal service uses and eating and drinking establishments. • The proposal is to convert the existing take-out service limited, eating and drinking establishment into a food service, no late hours eating and drinking establishment by adding 4 seats for a total of 10 seats and a Type 41 Alcoholic Beverage Control License (On -sale Beer and Wine). The establishment will maintain the existing 298 square feet of net public area with no changes proposed to the existing floor plan. The hours of operation will also be maintained at 7:00 a.m. to 10:00 p.m., daily. • The proposal complies with Zoning Code standards for a food service, no late hours eating and drinking establishment. • The property is designated by the Zoning Code and the Local Coastal Implementation Plan as Mixed -Use Cannery Village/15th Street (MU-CV/15TH ST), which applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi -unit residential dwelling units with clusters of mixed -use and/or commercial structures on interior lots of Cannery Village and 15th Street on the Balboa Peninsula. The proposed additional seats and alcohol service to the existing establishment changes the designation from a take-out service, limited eating and drinking establishment to a food service, no late hours eating and drinking establishment and requires a new minor use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements). Approval of this Minor Use Permit will supersede Minor Use Permit No. UP2015-046. The property is located approximately 450 feet from a residential zoning district. • The property is designated by the Land Use Element of the General Plan and the Coastal Land Use Plan as Mixed Use Horizontal (MU-H4) which is consistent with the MU-CV/15TH ST designation. The existing establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the use is consistent with this land use category. Tmpm 02/08/19 Arc Butcher and Baker Minor Use Permit (PA2019-105) Zoning Administrator, August 29, 2019 Page 3 • Required parking is adequately provided within the eight space parking lot on -site. The parking requirement for a food service eating and drinking establishment is 1 space per 30-50 sf (square feet) of net public area (NPA). Staff recommends a parking requirement of 1 space per 40 sf of NPA (298/40 = 7.45) which results in the same number of spaces (8) that were required of the previous take-out service limited use. Therefore, there is no intensification of use and the existing onsite parking complies with the Zoning Code. The 1 space per 40 sf of NPA is appropriate for this type of use based on several physical design and operational characteristics. For example, there are only 4 tables and 10 seats included on the floor plan and the net public area is only 298 square feet. The existing operation includes take-out service which will be maintained and does add some added turn- over that is shared within that net public area. The project does not include outdoor dining and does not have opportunities for future outdoor dining. Lastly, the project is conditioned to prohibit live entertainment and dancing with no late hours. • To ensure parking is available for patrons and employees, a condition of approval is provided limiting the maximum number of employees to four at any one time. Employees shall utilize parking at the rear of the building. • The project is exempt from the requirements of a Coastal Development Permit (CDP) because the addition of 4 seats is negligible, no expansion in floor area, no additional parking is required, and the addition of alcohol sales is intended as a convenience for on -site patrons therefore, the proposed changes are not considered an intensification of use. • The Police Department has reviewed the proposed application and has no objections to the request. The Police Department memorandum, crime and alcohol related statistics, and reporting district map are attached (Attachment No. ZA 3). • Staff believes allowing the service of alcohol is compatible with existing and allowed uses within the area. Existing uses in the mixed -use neighborhood and the nearby Landing Shopping Center reflect the type of restaurants, retail and service uses allowed by the regulations for the Zoning District and typically expected by residents and the public of similar mixed -use and commercial areas. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves minor interior improvements to an existing eating and drinking establishment and involves no expansion in floor area or change in parking requirement. Tmpm 02/08/19 3 Arc Butcher and Baker Minor Use Permit (PA2019-105) Zoning Administrator, August 29, 2019 Page 4 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. 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 JM/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Police Department Memorandum ZA 4 Project Plans Tmpm 02/08/19 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2019-026 TO CONVERT AN EXISTING TAKE-OUT SERVICE EATING AND DRINKING ESTABLISHMENT TO A FULL SERVICE EATING AND DRINKING AND ESTABLISHMENT LOCATED AT 417 30TH STREET (PA2019-105) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by DSH Industries, LLC on behalf of Marin Howarth Von Blom and Noah Von Blom, owners, with respect to property located at 417 30th Street, and legally described as Parcel 1 of Lot Line Adjustment No. 94-8 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to convert an existing take-out service limited eating and drinking establishment into a full -service eating and drinking establishment. The change to the existing establishment includes adding 4 seats and a Type 41 Alcoholic Beverage Control License (Type 41). The hours of operation at 7:00 a.m. to 10:00 p.m. will remain consistent with the existing operation. 3. The subject property is located in the Mixed -Use Cannery Village/15th Street (MU- CV/15TH ST) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal (MU-H4). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU-H) and it is located within the Mixed -Use Cannery Village/15th Street (MU-CV/15th St) Coastal Zone District. The project is exempt from the requirements of a Coastal Development Permit (CDP) because the addition of 4 seats is negligible, no expansion in floor area, no additional parking is required, and the addition of alcohol sales is intended as a convenience for on -site patrons therefore, the proposed changes are not considered an intensification of use 5. A public hearing was held on August 29, 2019 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. 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 N Zoning Administrator Resolution No. ZA2019-### Pape 2 of 12 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The proposed project involves minor interior improvements to an existing eating and drinking establishment and involves no expansion in floor area or change in parking requirement. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The crime rate in the subject reporting district (RD 15) as well as two of the three adjacent RDs (Reporting Districts) are over the City average. RD 15 contains the large commercial shopping center known as The Landing at 32"d Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The purpose of the Zoning of these beach areas is to provide various commercial and retail uses to support the surrounding residential area as well as the surrounding tourist destinations. Therefore, these beach areas with a higher concentration of commercial land uses tend to have a higher crime rate than adjacent RDs. ii. The numbers of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent RDs. Additionally, this is the beach area that is considered one of the most significant tourist areas of the City. 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. 01-25-19 Zoning Administrator Resolution No. ZA2019-### Pape 3 of 12 1. The commercial building is within a mixed -use area with residential and various commercial services including offices, personal services, retail, and eating and drinking establishments of a similar nature. The residential uses are intermixed amongst these uses, mostly on second floors. The neighborhood is intended and designed for mixed residential and commercial uses. There are no parks nearby. There is one church more than 600 feet north. Other sensitive land uses above are not located within close proximity of the subject building. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. Several other establishments along 32°d Street, Balboa Boulevard and Via Lido currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. Approximately 150 feet across 30th Street on the south corner of 30th Street and Newport Boulevard is Helmsman Ale House (formerly Newport Brewing Company). On the opposite corner is Porro Vita Juice store. North of Porro Vita along Newport Boulevard is Mama Ds. Across Newport Boulevard is Malarky's (the only bar in the vicinity). North of Malarkeys is The Landing Shopping Center with Chipotle Gina's Pizza, Chihuahua, Sambazon and Poke Cafe. 2. Due to the type and operation of the restaurant which is conditioned to close at 10:00 p.m. with only 10 seats, and the appropriate conditions are in place to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments does not appear to create foreseeable concern. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The subject building has historically been occupied by a small take-out service eating and drinking establishment with a similar amount of seats and hours of operation. There is no evidence that suggests this type of use has created objectionable conditions. Minor Use Permit In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 01-25-19 g Zoning Administrator Resolution No. ZA2019-### Paqe 4 of 12 1. The General Plan designates the site as Mixed Use Horizontal (MU-H4) which applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi -unit residential dwelling units with clusters of mixed -use and/or commercial structures on interior lots of Cannery Village and 15th Street on Balboa Peninsula. 2. The proposed addition of alcohol service and 4 additional seats to the existing restaurant use is consistent with the (MU-H4) designation as it is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. 3. Several mixed -use structures including office, personal service, and eating and drinking establishment uses exist nearby and are complementary to the surrounding commercial and residential uses. 4. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The property is located in the Mixed -Use Cannery Village/15th Street (MU-CV/15TH ST) Zoning District. The proposed changes to convert the existing take-out service eating and drinking establishment into a full service eating and drinking establishment by adding 4 additional seats and alcohol service is a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements). 2. Required parking is adequately provided within the eight space parking lot on -site. The food service eating and drinking establishment is required at 1 space per 30-50 sf (square feet) of net public area (NPA). In this case, a parking requirement of 1 space per 40 sf of NPA (298/40 = 7.45) is appropriate, which results in the same number of spaces (8) that were required of the previous take-out service limited use. Therefore, there is no intensification of use and the existing onsite parking complies with the Zoning Code. The 1 space per 40 square feet of net public area is appropriate for this type of use based on several physical design and operational characteristics. For example, there are only 4 tables and 10 seats included on the floor plan and the net public area is only 298 square feet. The existing operation includes take-out service which will be maintained and does add some added turn- over that is shared within that net public area. The project does not include outdoor dining, and does not have opportunities for future outdoor dining. Lastly, the project is conditioned to prohibit live entertainment and dancing with no late hours. 01-25-19 9 Zoning Administrator Resolution No. ZA2019-### Pape 5 of 12 3. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The existing establishment consists of 298 square feet of net public area, kitchen facilities, indoor storage and washing areas, a restroom, dedicated wash down area that will drain directly into the sewer system, and a covered trash enclosure with gate. There is no construction or change to the floor plan proposed with this application except for the addition of 4 seats for a total of 10 seats. A maximum of four employees will be present at any one time. 2. The operation of the restaurant will continue to be restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The existing restaurant is located within an existing single -story building accessible from 30th Street and the alley at the rear, which provides convenient access to motorists, pedestrians, and bicyclists. 4. The surrounding area contains various, retail, business office and visitor serving commercial uses including restaurants and take-out eating establishments. The existing restaurant is compatible with the existing and permitted uses within the area. 5. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 01-25-19 2� Zoning Administrator Resolution No. ZA2019-### Pape 6 of 12 Facts in Support of Finding The restaurant is currently in operation and the tenant space has been reviewed and permitted. 2. Original site plan approvals for the tenant space included a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans were reviewed for compliance with applicable building and fire codes. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community in a commercial area designed for such uses. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. All owners, managers, and employees selling or serving alcohol will be required to complete a Responsible Beverage Service Certification Program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach herby finds this Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. 01-25-19 22 Zoning Administrator Resolution No. ZA2019-### Pape 7 of 12 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-026, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This resolution supersedes Zoning Administrator Resolution No. ZA2016-006, which upon vesting of the rights authorized by this [application], shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 29"' DAY OF AUGUST, 2019. Rosalinh Ung, Zoning Administrator 01-25-19 12 Zoning Administrator Resolution No. ZA2019-### Pape 8 of 12 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. 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 is 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 modifications to the approved plans, shall require an amendment to the Minor Use Permit or the processing of a new use permit. 5. 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. 6. Incidental seating for up to a maximum of 10 patrons may be provided for on -site consumption of food or beverage. 7. The hours of operation are limited to between 7:00 a.m. and 10:00 p.m. daily. 8. Employees shall park on -site and utilize parking spaces at the rear of the property. Eight (8) parking spaces shall be maintained on -site. 9. A maximum of four (4) employees may be on -site at any one time. 10. A dedicated wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 11. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject 01-25-19 i3 Zoning Administrator Resolution No. ZA2019-### Pape 9 of 12 site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 12. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 13. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 14. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM 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 15. 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. 16. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access Requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 17. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise -generating construction activities are not allowed on Saturdays, Sundays or Holidays. 18. Strict adherence to maximum occupancy limits is required. 19. No outside paging system shall be utilized in conjunction with this establishment. 20. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 01-25-19 �1 Zoning Administrator Resolution No. ZA2019-### Pape 10 of 12 21. The applicant is required to provide a trash enclosure with metal gate and decorative solid roof. 22. 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. 23. 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. 24. 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). 25. 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. 26. 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. 27. 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. 28. 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. 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 Arc Butcher and Baker Minor Use Permit including, but not limited to, UP2019-026 (PA2019-105). 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, 01-25-19 15 Zoning Administrator Resolution No. ZA2019-### Pape 11 of 12 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. BUILDING 30. The restroom shall remain accessible without going through the kitchen. Clearly delineate the path for patrons to the restroom and provide directional signs to the restrooms. 31. The plans must illustrate complete accessibility compliances. POLICE DEPARMTENT 32. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 33. Approval does not permit the premise 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. 36. There shall be no live entertainment or dancing allowed on the premises. 37. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 38. Food service from the regular menu shall be made available to patrons until closing. 39. 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. 40. 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. 41. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire or within 01-25-19 10 Zoning Administrator Resolution No. ZA2019-### Paqe 12 of 12 60 days of approve of the use permit. This training must be updated at least every 3 years. The certified program must meet the standards of the Department of Alcoholic Beverage Control. Records of each owner, manager and employee's successful completion of the required certified training program shall be maintained on the premises and be presented upon request by a representative of the City of Newport Beach. 01-25-19 17 Attachment No. ZA 2 Vicinity Map 12 VICINITY MAP Minor Use Permit No. UP2019-026 PA2019-105 417 30th Street ?9 Attachment No. ZA 3 Police Department Memorandum and Statistics 20 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Melinda Whelan, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: July 19, 2019 SUBJECT: Arc Butcher and Baker 417 301h Street Use Permit No. 2019-026 At your request, the Police Department has reviewed the project application for Arc Butcher and Baker, located at 417 30'h Street, Newport Beach. Per the project description, the applicant is seeking a Minor Use Permit to allow for a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage License. There are no late hours proposed. 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. The final determination of PCN for a Type 41 license falls to the Department of Alcoholic Beverage Control (ABC). Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 417 30'h Street. Crime Statistics: The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD)15 which stretches from 20'h Street to 371h Street along the Newport Beach Peninsula. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control 21 Arc Butcher and Baker UP2019-026 (ABC). These figures make up the "Crime Count" which is indicated on the attached statistical data form. RD 15 is the highest crime area in Newport Beach with significant quality -of -life concerns for the residents, as well as the Police Department. This reporting district is reported to ABC as a high crime area as compared to other reporting districts in the City. The RD's Crime Count is 706, 408% over the City-wide crime count average of 134. Since this area has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. In comparison, neighboring RD 16 (37th Street to 541h Street) is 53% higher, RD 13 (911 Street to 2011 Street) is 94% above the City-wide average, and RD 12 (B Street to 9th Street) is 19% lower. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. 37% of the arrests in RD 15 were for public intoxication, DUI, or liquor law violations. In comparison, that figure is 17% for RD 16, 25% for RD 13, and 44% for RD 12. The highest volume crime in RD 15 is simple assault and the highest volume arrest is public intoxication. 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 90 active alcohol licenses and 74 licensed establishments. That is a per capita ratio of 1 license for every 64 residents. Per the Business and Professions code, we must compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 467 residents. Since the area's ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. Discussion and Recommendations Undue Concentration exists in this location in regards to both crime and alcohol license saturation. Due to the license type, ABC will make the determination if this business is a public convenience or necessity (PCN). However, approval of this use permit will indicate to ABC the City supports alcohol sales at this location. The Police Department is routinely concerned when alcohol licenses are added within the City's over concentrated areas. Considering this restaurant has only 10 seats and has no late hours, the Police Department believes those concerns can be mitigated by imposing the following or similar conditions. RECOMMENDED CONDITIONS OF APPROVAL 1.. The establishment must close at 10:00 p.m., daily. 2. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 22 Arc Butcher and Baker UP2019-026 3; Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 4, No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee 5. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 6: There shall be no live entertainment or dancing allowed on the premises. 7, There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. '8. Food service from the regular menu shall be made available to patrons until closing. 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. 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. 11. 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. 1.2. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire or within 60 days of approval of the use permit. This training must be updated at least every 3 years. The certified program must meet the standards of the Department of Alcoholic Beverage Control. Records of each owner, manager and employee's successful completion of the required certified training program shall be maintained on the premises and be presented upon request by a representative of the City of Newport Beach 13. Strict adherence to maximum occupancy limits is required. K. 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. 23 Arc 8utcper and Baker Wendy Jae %Police Civilian Investigator, Special Investigations Unit Randy Parker Detective Sergeant, Special Investigations Unit 4 M NEWPORT BEACH POLICE DEPARTMENT 2018 CRIME AND ALCOHOL -RELATED STATISTICS m.e«� CHIEF ION T. LEWIS SUMMARY FOR ARC BUTCHER & BAKERY -FAMILY MEAL MARKET AT 417 30TH STREET (RD15) Subject: 417 30TH STREET Subject RD: 159 +101 +176% 34 +29 +536% 550 +459 +505% 547 +466 +573% 706 +567 +408% RD15 Adjacent RD: RD13 60 +2 M% 6 +1 +12% 177 ,,,.. +95% - - 58% 270 +131 +94% Adjacent RD: 49 -9 -15% 5 -0 -6% 140 +49 +54% 163 +82 +101% 212 +73 +53% RD16 Adjacent RD: 37 -21 -36% 7 +2 +31% 80 -1-1 -12% 75 -6 -8% 112 -27 -19% RD12 Newport Beach 2,192 RD Average = 59 203 RD Average = 6 3,456 RD Average = 89 3,088 RD Average = 74 5,280 RD Average = 134 Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Per BP 23958.4, crime count is the sum of Report - Homicide, Rope, Robbery, Aggravated Assault, Burglary, Larceny, Auto Port I Crime plus Pon If Arrests. Theft, and Arson. This report reflects City of Newport Beach data for 2017. .. Licenses very F 417 30TH STREET NIA 0 N/A 0 Subject Census 5,726 90 64 74 Tract: 635 Adjacent Census 4,220 39 108 34 Tract:628 Adjacent Census 6,221 9 691 9 Tract:636.03 Adjacent Census 4,795 38 126 30 \/ Trod:634 Tract: Newport Beach 85,186 451 189 389 Orange County 3,010,232 6,452 467 5,561 Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 311912018 All Population figures taken from the 2010 US Census - Subject Location 7/1/2019 25 Attachment No. ZA 4 Project Plans 20 SITE PLAN PROJECT DATA aval:D:-A NowNfR: nwNE.I.1c IRPIT. IT-1 'El 11 iss , a;.-1- 11, iv%isw s0iN[c� i'eeo IF N["wT unn. xsb TO rtn OF FLAT NOTE SIa10111NE /31-0 10 mo¢ OF ttonNN xcu PARKING TABU ATIIONRAI' (F I PEACE FOR EIERY 250 9QUIIE FEET 01 EFFETE AREA (19002— ' ANI N•v°Nv 01mi Peas�IAIIET w J J Q l 1 r Iwn op i'mm 4 ParlA4lu1 woe mai j A5 3v I: IDUtSrtol POvltl°rOp MCIu4fa le a0 Gu0 � np °C / ®Gr0'f Pcm Sw�Mr. � de m i na Cvrnvy_ 011'G Pf iimc 1 ! 4° 1 wuay. �9 4� av"leau Puvnno®/ q W N VICINITY MAP o AT E-1 IIARSEA IN— IN, GGANANG J.p y RE INS, I— Oa a W, E'suu I� 4 ag�.. '..a ,x9:, �d O b d° L. A AN PRE 0 _ msc4m +sx =r v,.5cit c. EXISTING FLOOR PLAN OCCUPANT LOAD l.olNG "I SF KITCHEN. NG cco a� ACCESSORY USE GAP— AS Ar 2.1 W — EA /I- OININ6. Al — A-2 22 Zoning Administrator - August 29, 2019 Item No. 2a Additional Materials Received Arc Butcher and Baker MUP (PA2019-105) From: JUDY LEEPER <iudvleeoer(@rnac.com> Sent: Tuesday, August 27, 2019 7:45 PM To: Ung, Rosalinh <RUnel@newoortbeachca.gov> Subject: 417 30th Street I will be in attendance at the meeting on Thursday 8/29 regarding the permit changes for the above property, but I wanted to make you aware of some concerns we have prior to the meeting. It is a Bakery/ Butcher (take out restaurant in the middle of residential and offices). It is the only non conforming space on the entire 400-500 block of 30th Street. It is next door to our residence and business space. We have tried to speak with the owner about their exhaust that spews yellow grease all over our house and actually inside our house when I have my bedroom window open but they have not tried to resolve the problem. I'm attaching some photos. Also, they only have 3 parking places that are available for customers plus one handicap parking space. The 3 in the back are used for employees and they consistently encroach in the alley plus delivery trucks. As to the permit changes I am opposed to them getting a liquor license. Why does a butcher/bakery need a liquor license? We came home last week to a lady passed out at our front gate after she had vomited in our driveway. This I assume was a result of drinking at one of the local restaurant/bars already permitted in cannery village. There are currently 25 restaurant/bars within .5 miles of our residence 25 within .5 miles of us that serve alcohol AVILA'S EL RANCHITO 2800 Newport Blvd, Newport Beach, CA 92663 BEAR FLAG FISH CO. 3421 Via Lido, Newport Beach, CA 92663 BLUEWATER GRILL 630 Lido Park Dr, Newport Beach, CA 92663 BUDDHA'S FAVORITE 634 Lido Park Dr, Newport Beach, CA 92663 CANNERY SEAFOOD OF THE PACIFIC 3010 Lafayette Rd, Newport Beach, CA 92663 HO SUM BISTRO 3112 Newport Blvd, Newport Beach, CA 92663 Zoning Administrator - August 29, 2019 Item No. 2a Additional Materials Received Arc Butcher and Baker MUP (PA2019-105) LIDO MARINA VILLAGE 3434 Via Lido, Newport Beach, CA 92663 CIRCLE HOOK MALIBU FARMS NIBU ZINQUE LIDO BOTTLE WORKS MAYORSTABLE TOPSIDE ROOFTOP BAR tL%\A11AW&VIRL9:■aa 3011 Newport Blvd, Newport Beach, CA 92663 SABATINO' S 251 Shipyard Way D, Newport Beach, CA 92663 THE DOCK 251 Shipyard Way D, Newport Beach, CA 92663 THE ORIGINAL MAMA D'S ITALIAN KITCHEN 3012 Newport Blvd, Newport Beach, CA 92663 TUPELO JUNCTION CAFE 508 29th St, Newport Beach, CA 92663 WILD TACO 407 31st St, Newport Beach, CA 92663 WOODY'S DINER 3461 Via Lido, Newport Beach, CA 92663 HELMSMAN ALE HOUSE 30th St & Newport Blvd FABLE & SPIRIT CASSIDYS CHIHUAHUA Zoning Administrator - August 29, 2019 Item No. 2a Additional Materials Received Arc Butcher and Baker MUP (PA2019-105) GINAS PIZZA SANCHOSTACOS Judy Zoning Administrator - August 29, 2019 Item No. 2a Additional Materials Received Arc Butcher and Baker MUP (PA2019-105) From: JUDY LEEPER <judyleeper@mac.com> Sent: Tuesday, August 27, 2019 7:52 PM To: Ung, Rosalinh <RUng@newportbeachcal. v> Subject: Fwd: 417 30th Street Continued. This photo is the bed pillow that sits on the chair next to my bedroom window which is covered in yellow grease Video of the exhaust. We have lived at this address for 25 years and have enjoyed it until this restaurant moved in next door. Thank you for reading my email and considering it in advance of the meeting on Thursday Judy Leeper 419 30th Street Screenshots of Video Depicting Smoke Exhaust Zoning Administrator -August 29, 2019 Item No. 2a Additional Materials Received Arc Butcher and Baker MUP (PA2019-105)