HomeMy WebLinkAbout08_ARC Private Dining Room Minor Use Permit_PA2022-105CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 16, 2023
Agenda Item No. 8
SUBJECT: ARC Private Dining Room (PA2022-105)
▪Minor Use Permit
SITE LOCATION: 501 30th Street
APPLICANT: DSH Industries, LLC
OWNER: Rosemary Czopek
PLANNER: Benjamin M. Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Mixed-Use Horizontal (MU-H4)
•Zoning District: Mixed-Use Cannery Village and 15th Street (MU-CV/15TH ST)
•Coastal Land Use Plan Category: Mixed-Use Horizontal (MU-H)
•Coastal Zoning District: Mixed-Use Cannery Village and 15th Street (MU-CV/15TH ST)
PROJECT SUMMARY
A request to operate a small 10-seat private dining room in conjunction with an existing
restaurant, ARC Butcher & Baker, located at 417 30th Street. The proposed use would
replace the existing ARC Bottle Shop and would remove the Type 20 (Off-Sale Beer & Wine)
Alcoholic Beverage Control (ABC) License. The private dining room would serve food and
alcohol using ARC Butcher & Baker’s existing Type 41 (On-Sale Beer & Wine – Eating
Place) and Type 58 (Caterer’s Permit) ABC Licenses. The operating hours would be from
10:00 a.m. to 10:00 p.m., daily. If approved and implemented, this Minor Use Permit would
supersede Minor Use Permit No. UP2021-003.
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,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit
(Attachment No. ZA 1).
1
ARC Private Dining Room (PA2022-105)
Zoning Administrator, March 16, 2023
Page 2
Tmplt: 01/18/23
DISCUSSION
•The subject property is located on the northeastern corner of 30th Street and Villa
Way within Cannery Village on the Balboa Peninsula. The property is developed
with a two-story mixed-use building and on-site parking consisting of four parking
spaces for the nonresidential tenant space and two garage spaces for the
residential unit above. Mixed-use development generally surrounds the site, and a
public parking lot is located to the southwest. Other uses nearby include personal
service uses and eating and drinking establishments.
•The proposal will occupy an existing ground-floor nonresidential tenant space of a
mixed-use building with a private dining room. The dining room would operate
similarly to an eating and drinking establishment land use. There will be no
expansion of floor area and minimal changes to the existing floor plan. The hours
of operation will be limited to between 10 a.m. and 10 p.m., daily. A more detailed
description provided by the applicant and is attached as Attachment No. ZA 3.
•The property is designated by the Zoning Code and the Local Coastal
Implementation Plan as Mixed-Use Cannery Village and15th 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 project will occupy
the ground-floor nonresidential tenant space of an existing mixed-use structure.
•The proposed use requires the approval of a minor use permit pursuant to Table
2-8 of Newport Beach Municipal Code (NBMC) Section 20.22.020 (Mixed-Use
Zoning Districts Land Uses and Permit Requirements).
•The ground-floor tenant space is approximately 660 square feet and is occupied
by ARC Bottle Shop, a retail sales use. The current parking requirement is one
parking space for every 250 square feet of gross floor area or three spaces. The
proposed private dining room will maintain 150 square feet of net public area with
a single dining table and no more than ten seats. Section 20.40.060 (Parking
Requirements for Food Service Uses) of the NBMC allows the review authority to
establish a rate between one parking space for every 30 square feet and one space
for every 50 square feet of net public area. In this case, given the limited size and
nature of the operation with no patron turnover, staff recommends applying the
lowest rate of one parking space for every 50 square feet of net public area.
Therefore, there is a resulting requirement of three parking spaces, which is
equivalent to the current requirement for the retail sales land use.
•While the property lies within the Coastal Zone, the project is exempt from the
requirements of a Coastal Development Permit (CDP) because there is no expansion
2
ARC Private Dining Room (PA2022-105)
Zoning Administrator, March 16, 2023
Page 3
Tmplt: 01/18/23
in floor area and no additional parking is required; therefore, the proposed changes
do not constitute any changes in land use that are anticipated to result in an
intensification nor a de-intensification of land use.
• The Newport Beach Police Department (NBPD) has reviewed the proposal and
has no objections to the request, especially with the removal of the Type 20 ABC
License. The NBPD memorandum, crime and alcohol-related statistics, and
reporting district map are attached (Attachment No. ZA 4).
• The City’s Water Quality and Code Enforcement Division has reviewed the
proposal. In 2022, there were three investigations related to hosting special events.
This Minor Use Permit will allow food service in the private dining room and will
allow for a limited private dining experience. Anything outside of the operational
conditions of approval will require a special event permit.
• Staff believes this use will be consistent and 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. The attached
Draft Resolution for approval (Attachment No. ZA 1) provides facts in support of
each consideration and finding.
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, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
The proposal is to occupy an existing nonresidential tenant space with a new retail sales
land use. There will be no significant improvements to the interior of the building and no
expansion of floor area. Given there is no change to the amount of parking required, there
is also no anticipated increase in intensity.
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.
3
ARC Private Dining Room (PA2022-105)
Zoning Administrator, March 16, 2023
Page 4
Tmplt: 01/18/23
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
______________________
Benjamin M. Zdeba, AICP
Principal Planner
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description
ZA 4 Police Department Memorandum
ZA 5 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
MINOR USE PERMIT TO CREATE A PRIVATE DINING ROOM
(EATING AND DRINKING ESTABLISHMENT) WITH ALCOHOL
SERVICE AND NO LATE HOURS LOCATED AT 501 30TH STREET
(PA2022-105)
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 (Applicant), with respect to the property
located at 501 30th Street, and legally described as Lot No. 1 of Tract No. 16292 (Property),
requesting approval of a minor use permit.
2. The Applicant requests to operate a small 10-seat private dining room in conjunction with
an existing restaurant, ARC Butcher & Baker, located at 417 30th Street. The proposed
use would replace the existing ARC Bottle Shop and would remove the Type 20 (Off-Sale
Beer & Wine) Alcoholic Beverage Control (ABC) License. The private dining room would
serve food and alcohol using ARC Butcher & Baker’s existing Type 41 (On-Sale Beer &
Wine – Eating Place) and Type 58 (Caterer’s Permit) ABC Licenses. The operating hours
would be from 10 a.m. to 10 p.m., daily. If approved and implemented, this Minor Use
Permit would supersede Minor Use Permit No. UP2021-003 (Project).
3. The Property is designated Mixed-Use Horizontal (MU-H4) by the General Plan Land Use
Element and is located within the Mixed-Use Cannery Village and 15th Street (MU-CV/15TH
ST) Zoning District.
4. The 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 and
15th Street (MU-CV/15TH ST) Coastal Zone District. The project is exempt from the
requirements of a Coastal Development Permit (CDP) because there is no expansion in
floor area and no additional parking is required; therefore, the proposed changes do not
constitute any changes in land use that are anticipated to result in an intensification nor a
de-intensification of land use.
5. A public hearing was held on March 16, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). 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 Code
6
Zoning Administrator Resolution No. ZA2023-###
Page 2 of 11
01-17-23
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The proposal is to occupy an existing nonresidential tenant space with a new private
dining room (i.e., eating and drinking establishment land use). There will be no
significant improvements to the interior of the building and no expansion of floor area.
Given there is no change to the amount of parking required, there is also no anticipated
increase in intensity.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
Although there is a net reduction in alcohol licenses with no new licenses being proposed, the
Project will still include alcohol sales and service onsite. In accordance with Section 20.48.030
(Alcohol Sales) of the NBMC, 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 NBMC,
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 (2) of the
three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15
contains the large commercial shopping center known as The Landing at 32nd
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 with
more residential development.
2. The Newport Beach Police Department (NBPD) reviewed the Project and has no
objections given the limited operation, the net reduction in alcohol licenses, and
the conditions of approval contained in Exhibit “A.”
7
Zoning Administrator Resolution No. ZA2023-###
Page 3 of 11
01-17-23
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.
2. The NBPD reviewed the Project and has no objections given the limited
operation, the net reduction in alcohol licenses, and the conditions of approval
contained in Exhibit “A.”
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. The tenant space is located on the ground floor of a mixed-use building with
residential units above. The surrounding area is mixed-use 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 a mix of residential and commercial uses. The nearest
park, Lido Park, is approximately 600 feet northeast of the site. There is one (1)
church more than 500 feet north. Other sensitive land uses above are not located
within proximity of the subject building.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. The Project will result in the removal of an existing Type 20 (Off-Sale Beer & Wine)
Alcoholic Beverage Control (ABC) License.
2. 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
NBMC. Approximately 200 feet west on the same block is ARC Butcher & Baker.
Approximately 350 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
Irish Pub (the only bar in the vicinity). North of Malarky’s is The Landing Shopping
Center with Chipotle, Gina’s Pizza, and Chihuahua Cervezeria.
3. The Project is a unique operation that is conditioned to close at 10 p.m. There
are appropriate conditions in place to prevent the establishment from operating
as a bar, lounge, or nightclub. The proximity to other food service establishments
does not appear to create foreseeable concern.
8
Zoning Administrator Resolution No. ZA2023-###
Page 4 of 11
01-17-23
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. There are no current objectionable conditions at this location.
Minor Use Permit
In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of the findings for a minor use permit 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 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. The proposed use will occupy the ground-floor nonresidential tenant
space of an existing mixed-use building that has a residential unit above.
2. The Project 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 Property is not part of a specific plan area.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
1. The Property is in the Mixed-Use Cannery Village and 15th Street (MU-CV/15TH ST)
Zoning District. The proposed private dining room is considered an eating and
drinking establishment. This land use is allowed subject to the approval of a minor
use permit (MUP) pursuant to Section 20.22.020 (Mixed-Use Zoning Districts Land
Uses and Permit Requirements) of the NBMC.
9
Zoning Administrator Resolution No. ZA2023-###
Page 5 of 11
01-17-23
2. The ground-floor tenant space is approximately 660 square feet and is occupied by
ARC Bottle Shop, a retail sales use. The current parking requirement is one parking
space for every 250 square feet of gross floor area or three spaces. The proposed
private dining room will maintain 150 square feet of net public area with a single
dining table and no more than ten seats. Section 20.40.060 (Parking Requirements
for Food Service Uses) of the NBMC allows the review authority to establish a rate
between one parking space for every 30 square feet and one space for every 50
square feet of net public area. In this case, given the limited size and nature of the
operation with no patron turnover, staff recommends applying the lowest rate of one
parking space for every 50 square feet of net public area. Therefore, there is a
resulting requirement of three parking spaces, which is equivalent to the current
requirement for the retail sales land use.
3. All criteria outlined by Section 20.48.030 (Alcohol Sales) of the NBMC have been
considered and are analyzed in the preceding section of this Resolution.
Finding
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding
1. The operation of the use will be restricted to the hours between 10 a.m. and 10 p.m.,
daily. These hours are consistent with the business hours of other uses in the
commercial area. It is expected to be harmonious with the residential uses nearby.
2. The existing ground-floor nonresidential tenant space is located within an existing two
(2)-story mixed-use building accessible from 30th Street and the alley at the rear, which
provides convenient access to motorists, pedestrians, and bicyclists.
3. The surrounding area contains various, retail, business office and visitor-serving
commercial uses including restaurants and take-out eating establishments. The
proposed use will be compatible with and complementary to the existing and
permitted uses within the area.
4. The operational conditions of approval will help ensure compatibility with the
surrounding uses. The Project has been conditioned to ensure that the business
remains a private dining room and that it does not become a self-sufficient restaurant,
bar, lounge, or nightclub.
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; and
10
Zoning Administrator Resolution No. ZA2023-###
Page 6 of 11
01-17-23
Facts in Support of Finding
1.The Project will occupy an existing nonresidential tenant space, which has existed
for nearly 20 years. There will be no material changes to the floor plan or alterations
to the site that would compromise its suitability.
2.There are three (3) tandem parking spaces on-site, including two (2) for employees and
one for a visitor to the tenant space. In addition, there is a fourth accessible space that
is accessed from 30th Street. As conditioned, no more than two (2) employees will be
on-site at any given time.
3.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. Any tenant improvement plans will be reviewed for compliance with
applicable building and fire codes.
Finding
F.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 Applicant 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 Project will operate similarly to an eating and drinking establishment. It will serve
the surrounding community in a commercial area designed for such uses. The
service of alcohol is provided as a public convenience that is part of, and not separate
from, a dining experience.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
11
Zoning Administrator Resolution No. ZA2023-###
Page 7 of 11
01-17-23
2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use
Permit filed as PA2022-105, 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 NBMC.
4. This resolution supersedes Zoning Administrator Resolution No. ZA2021-014, which
upon vesting of the rights authorized by this Minor Use Permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH, 2023.
_____________________________________
Jaime Murillo, AICP, Zoning Administrator
12
Zoning Administrator Resolution No. ZA2023-###
Page 8 of 11
01-17-23
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development and operation shall be in substantial conformance with the approved
floor plan and project description attached to the staff report and dated with the date of this
approval (except as modified by applicable conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 (MUP).
4. This MUP may be modified or revoked by the Zoning Administrator if determined that the
proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
5. The hours of operation shall be limited to between 10 a.m. and 10 p.m., daily. All patrons
shall vacate the premise by the designated closing hour.
6. The net pubic area shall be limited to no more than 150 square feet. The private dining
area shall have no more than 10 seats for patrons at any one time.
7. There shall be no more than two (2) employees on-site at any given time. All employees
shall park in the spaces designated as “Employee Parking” on the approved site plan.
The two spaces designated as “Visitor Parking” on the approved site plan shall always
remain unobstructed and available to patrons.
8. The Project shall not be allowed to obtain its own Alcoholic Beverage Control (ABC)
License. All alcohol service must be done through the existing Type 58 (Caterer’s
Permit) License.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment to
this MUP or the processing of a new MUP.
10. 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 leasing agent.
13
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 11
01-17-23
11. 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. 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.
12. 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).
13. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this MUP.
14. Storage outside of the building in the front or at the rear of the Property shall be
prohibited, except for the required trash container enclosure.
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified periods unless
the ambient noise level is higher:
Between the hours of 7 AM and
10 PM
Between the hours of 10 PM and
7 AM
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
16. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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.
17. This approval shall expire and become void unless exercised within 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 NBMC.
14
Zoning Administrator Resolution No. ZA2023-###
Page 10 of 11
01-17-23
18.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Private Dining Room including, but not limited
to, the Minor Use Permit (PA2022-105). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
the such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Police Department
19.All owners, managers, and employees serving or selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods and skills
for selling alcoholic beverages within 60 days of hire. This training must be updated every
three years regardless of the certificate expiration date. The certified program must meet
the standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of approval.
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.
20.Approval does not permit the premises to operate as a standalone restaurant, bar,
tavern, cocktail lounge or nightclub as defined by the NBMC.
21.No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the licensee.
22.There shall be no live entertainment and no dancing by patrons, as defined by Section
5.32.010 of the NBMC. Amplified sound is prohibited.
23.Strict adherence to occupancy limits is required.
24.The exterior of the business shall be always maintained free of litter and graffiti. The owner
or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 10 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
25.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
15
Zoning Administrator Resolution No. ZA2023-###
Page 11 of 11
01-17-23
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
16
Attachment No. ZA 2
Vicinity Map
17
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
3/7/2023
0 200100
Project Site
18
Attachment No. ZA 3
Applicant’s Project Description
19
ARC BOTTLE SHOP
501 30th STREET | NEWPORT BEACH
CALIFORNIA | 92663
October 26, 2022
Project Description
To: City of Newport Beach Planning Department
Project:ARC Bottle Shop – 501 30th Street, Newport Beach CA 92663
Parcel No.: 047-032-29
We are happy to present to the City of Newport Beach an exciting change in use to our
existing retail wine shop, ARC Bottle Shop. The creation of a private, ancillary fine-
dining space to our sister restaurant, ARC Butcher & Baker. The existing retail wine
shop is located in the heart of Cannery Village and will remove it’s existing Type-20
license to become an ancillary dining space, utilizing a Type 58 Catering Permit.
Our proposed private, on-site dining is within the City’s zoning. The building is to remain
as is, as well as the existing premises, parking stalls, and landscaping are to remain. No
additional square footage or height is to be added to the existing three story building,
the project will occupy the appropriate commercial-use space on the ground floor of the
building. The goals and objectives of the Minor Use Change will be to enhance and
serve the Newport Beach Peninsula residential, commercial and office district with a
unique and boutique private fine-dining offering. All food will be provided by ARC
Butcher & Baker, which holds a Type 41 Alcohol License, and each event will utilize
ARC’s Type 58 Catering Permit for alcohol service.
ARC BOTTLE SHOP - “project description”
Currently, ARC Bottle Shop is reminiscent of a European wine shop, offering the
Newport Peninsula a unique way to become introduced to fine wine and uncommon
beers. The petite, yet refined, European piazza style shop offers a curated display of
hand selected wine and beer offerings displayed in a minimalist and stylized fashion.
Our wine sommelier curates an exceptional list of old-world European Wines and
superior New-World California wines. Currently, all beverage selections are to be
consumed off-site during normal business hours. With the removal of the Type 20
1
20
license, the space would no longer be open to the public as a Wine Shop, and on-site
consumption would be utilized via a catering permit during scheduled private events
only. 10 private dining seats are proposed. The general space will remain the same and
any wine within the decor will be for display and theming only. ARC Bottle Shop feels
like a European Wine Cellar, a feature which we wish to keep as we offer ancillary,
private fine-dining to the neighborhood.
As with most private events, event requests occur on a per case basis and are usually
sporadic. We anticipate use of the private dining space more often on Friday and
Saturday evenings. We anticipate months where there are no private dining events, and
some months where there may be one event each weekend. For example, the month of
December may see a small increase due to family holiday dinners, but summer months
may feature no private dining requests at all.
Project Parameters:
a.Lot Area = 3,075 s.f.
b.Lot Width = 30’-0”
c.Lot Depth = 92-10 ½”
d.Setbacks:
1.Front = 5’-6” existing to remain
2.Rear = 10’-0 ½” existing to remain
3.Side (s) = 0’ existing to remain
e.Gross Floor Area = 660 s.f. (43’ x 14’) existing to remain
f.Floor Area Ration = 660 / 3,075 = .214% existing to remain
g.Lot Coverage = 660 / 3,075= .214% to remain
h.Building Height = 31’-6 ¼” to top of existing parapet coping
i.Landscaping = existing to remain .025%
j.Paving = existing to remain 50%
k.Parking = 1 Van HC Stall + 3 Standard Stalls = 4 Stalls (existing parking count to
remain)
l.Number of Employees = 1 Max at one time. For example; 1 sommelier or 1
manager
m.Number of Seats = proposed 10 seats.
n.Dwelling Units = 1 dwelling unit above on 2nd floor
o.Hours of Operation 10am to 10pm
p.Use = Ancillary Private Dining Space to ARC Butcher & Baker
q.Alcohol Service = Type 58 Catering Permit
Our proposed Minor Use Change and Project is consistent with the General Plan and
any applicable specific plan of the existing site and use.
The Use is allowed within applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal code.
2
21
Our project and Proposed Minor Use Change is unique in operation, serving as the only
high-end, ancillary private fine-dining space on the peninsula. The project is consistent
and complimentary to the existing neighborhood which is mixed use and features
takeout establishments, cafés and restaurants. Our total number of parking stalls is 4,
the total number of employees at any time is 1. The overall design, size and location of
the existing building is to remain as is.
Our project is compatible and is suitable in terms of design, location, shape, size,
operating characteristics, and the provisions of public and emergency vehicles (e.g. fire
and medical access) and public services / utilities. Our project has one ADA accessible
entrance which also serves as main entrance / exit at the right side of building.
Our proposed project is compatible and is suitable in terms of the operation and
location. Our proposed project is not in any form detrimental to the harmonious and
orderly growth of the City. Our project is not a hazard to the public convenience, health
interest, safety or general welfare of persons residing or working in the neighborhood of
proposed use. Our project has a strict 10am to 10pm operational curfew. We provide a
clear and accessible path of travel to all building occupants and customers as an
ancillary, private fine-dining space. Our existing use offers beer and wine to customers
for off-site consumption only during business hours and our new proposed use would
remove the Type 20 off-site beer and wine license, and provide the ability to have
private dining with on-site beer and wine consumption, utilizing a Type 58 catering
license. Our intention is to blend in with the existing neighborhood while enhancing and
serving the existing Newport Beach Peninsula’s residential, commercial and office
districts.
Thank you,
Marin Howarth Blom
(714) 350-0853
DSH Industries, LLC
501 30th Street
Newport Beach, CA 92663
3
22
Attachment No. ZA 4
Police Department Memorandum
23
24
25
26
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
3/7/2023
0 2,0001,000
Approximate Location
27
28
Attachment No. ZA 5
Project Plans
29
30
31
32
From: Kenneth Scofield <vanloonenterprises@gmail.com>
Sent: March 08, 2023 3:40 PM
To: Zdeba, Benjamin <bzdeba@newportbeachca.gov>
Subject: Hearing for PA2022‐105 ARC Private Dining Room
We are the owners of the properties at 2811 through 2817 Lafayette and 510 through 516 29th Street (APN 047‐051‐01
& 02).
We have no objections to the proposed changes at 417 30th Street. We support this type of development, use, and high
quality offerings in keeping with the eclectic nature of the Cannery District.
Sincerely,
Ken Scofield, President
Van Loon Enterprises, Inc.
1355 Paige Lane
Redlands CA 92373‐6878
(909)228‐8863
vanloonenterprises@gmail.com
Zoning Administrator - March 16, 2023
Item No. 8a Additional Materials Received
Arc Private Dining Room Minor Use Permit (PA2022-105)