HomeMy WebLinkAbout20190829_Staff Report
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 29, 2019
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
x Coastal Land Use Category: Mixed-Use Horizontal (MU-H)
x Coastal Zoning District: Mixed-Use Cannery Village/ 15th Street (MU-CV/15th St)
x General Plan: Mixed Use Horizontal (MU-H4)
x 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).
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DISCUSSION
x 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.
x 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.
x The proposal complies with Zoning Code standards for a food service, no late
hours eating and drinking establishment.
x 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.
x 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.
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x 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.
x 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.
x 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.
x 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).
x 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.
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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:
JM/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Memorandum
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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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.
1. 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.
1. 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
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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.
1. 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 nd 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.
1. 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.
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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.
1. Several other establishments along 32nd 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
Café.
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.F (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
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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.
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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
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Facts in Support of Finding
1. 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
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The food service, eating and drinking establishment will serve the surrounding
community in a commercial 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:
1. 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.
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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 29th DAY OF AUGUST, 2019.
_____________________________________
Rosalinh Ung, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Minor Use
Permit.
3. 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
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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 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
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.
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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,
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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
16
Zoning Administrator Resolution No. ZA2019-###
Page 12 of 12
01-25-19
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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Minor Use Permit No. UP2019-026
PA2019-105
417 30th Street
Subject Property
19
Attachment No. ZA 3
Police Department Memorandum and
Statistics
20
21
22
23
24
25
Attachment No. ZA 4
Project Plans
26
27
28
From: JUDY LEEPER <judyleeper@mac.com>
Sent: Tuesday, August 27, 2019 7:45 PM
To: Ung, Rosalinh <RUng@newportbeachca.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
MAYORS TABLE
TOPSIDE ROOFTOP BAR
MALARKY’S IRISH PUB
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
SANCHOS TACOS
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@newportbeachca.gov>
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
Zoning Administrator - August 29, 2019
Item No. 2a Additional Materials Received
Arc Butcher and Baker MUP (PA2019-105)
Zoning Administrator - August 29, 2019
Item No. 2a Additional Materials Received
Arc Butcher and Baker MUP (PA2019-105)