HomeMy WebLinkAbout02 - Pirozzi Restaurant Minor Use Permit UP2014-001 - PA2013-249COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 13, 2014
Agenda Item No. 2:
SUBJECT: Pirozzi Restaurant Minor Use Permit - (PA2013 -249)
2929 East Coast Highway
Minor Use Permit No. UP2014 -001
APPLICANT: Alessandro Pirozzi
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644 -3253, bzdeba @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CC (Commercial Corridor)
• General Plan: CC (Corridor Commercial)
PROJECT SUMMARY
The applicant proposes to add a Type 47 (On -Sale General, Bona Fide Public Eating
Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and
drinking establishment. No late hours (after 11:00 p.m.) are proposed as part of this
application.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2014 -_ approving Minor Use
Permit No. UP2014 -001 (Attachment No. ZA 1).
DISCUSSION
• The subject tenant space is an existing food service, eating and drinking
establishment formerly occupied by Kentucky Fried Chicken (KFC) and is located
within a small -scale commercial center at the southwestern corner of Iris Avenue
and East Coast Highway. Other uses within the center include retail sales, food
services, and a dry cleaning store.
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Pirozzi Restaurant Minor Use Permit
Zoning Administrator February 13, 2014
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• A building permit (X2013 -3332) was issued on December 20, 2013, for a tenant
improvement to alter the tenant space for the new food service use, Pirozzi
Restaurant. Alcohol sales were not included as part of the proposed operation that
was permitted under the building permit.
• Pursuant to Table 2 -5 of Zoning Code Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements), a food service, eating and drinking
establishment with alcohol sales and no late hours (after 11:00 p.m.) requires
approval of a minor use permit.
• The gross floor area of the tenant space is approximately 1,430 square feet with an
interior net public area of approximately 382 square feet (23 seats) and a 93- square-
foot outdoor dining area (12 seats). The requested hours of operation are from 11:00
a.m. to 11:00 p.m., daily.
• The existing small -scale commercial center is considered legal nonconforming due
to an insufficient number of parking spaces. Pursuant to Zoning Code Section
20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning
district may be changed to a new use allowed in that zoning district without providing
additional parking, provided no intensification or enlargement (e.g., increase in floor
area) occurs. Specific to this tenant space the previous fast food use, Kentucky
Fried Chicken (KFC), had a parking requirement of 29 parking spaces based on a
ratio of one parking space per 50 square feet of gross floor area. The parking
requirement for a food service use is one parking space per 30 to 50 square feet of
net public area. The proposed restaurant has a net public area of 382 square feet
which results in a maximum parking requirement of 13 parking spaces based on a
one parking space per 30 square feet of net public area ratio; therefore, the
proposed restaurant complies with Section 20.38.060.
• 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 4).
• Staff believes allowing the service of alcohol is compatible with existing and allowed
uses within the small -scale commercial center. Existing uses in the center reflect the
type of restaurants, retail and service uses allowed by the Zoning Code regulations
and typically expected by residents and the public of similar commercial centers.
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 includes the ongoing use of existing buildings where there is negligible or no
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Pirozzi Restaurant Minor Use Permit
Zoning Administrator February 13, 2014
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expansion of use. Pirozzi Restaurant has been permitted to occupy a tenant space
formerly occupied by a fast food restaurant (Kentucky Fried Chicken). The proposed
project involves the addition of an ABC License to sell and serve alcohol.
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 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:
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Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
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Draft Resolution
Vicinity Map
Applicant's Description and Justification
Police Department Review
Conceptual Menu
Project Plans
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014 -001 TO ADD ALCOHOL SALES TO AN EXISTING
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 2929 EAST COAST HIGHWAY (PA2013 -249)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Alessandro Pirozzi, with respect to property located at 2929
East Coast Highway, and legally described as Parcel 1 of Re- subdivision Number 179,
requesting approval of a minor use permit.
2. The applicant proposes to add a Type 47 (On -Sale General, Bona Fide Public Eating
Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating
and drinking establishment. No late hours (after 11:00 p.m.) are proposed as part of
this application.
3. The subject property is located within the Commercial Corridor (CC) Zoning District and
the General Plan Land Use Element category is Corridor Commercial (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Corridor Commercial - (0.0 - 0.75 FAR) (CC -B).
5. A public hearing was held on February 13, 2014 in the Corona del Mar Conference
Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. Pirozzi Restaurant has been permitted to occupy a
tenant space formerly occupied by a fast food restaurant (Kentucky Fried Chicken).
The proposed project involves the addition of an ABC License to sell and serve
alcohol.
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Zoning Administrator Resolution No. ZA2014-
Page 2 of 9
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 adjacen rting districts as compared to
other areas in the City.
1. The crime rate in the subject reporting district (. 44) is 93% over the City
average while the crime rates in the adjacent Rd's are lower than the City
average.
2. Although the crime rate for RD 44 is higher than average for nearby RDs, the
Police Department has reviewed the proposed operation and has no objection.
3. RD 44 contains Corona del Mar State Beach and the Corona del Mar
commercial corridor along East Coast Highway east of Avocado Avenue. This
area has a high concentration of commercial establishments and restaurants.
There are currently 27 Alcoholic Beverage Control (ABC) Licenses in this RD.
ii. The numbers of alcohol- related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. 2013 alcohol crime related statistics indicate a higher number of alcohol related
calls, crimes and arrests in RD 44 when compared to other areas in the City. In
particular, RD 44 had 85 alcohol related arrests.
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 subject tenant space is located within a small -scale commercial center
which was developed as a retail and service center. The nearest residential
uses are located directly west of the subject building. The nearest park, Bayside
Park, is located approximately 850 feet southwest. Other sensitive land uses
above are not located within close proximity of the subject building.
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Zoning Administrator Resolution No. ZA2014-
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iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
Several other establishments along Coast Highway currently have an active
ABC license, most of which are bona fide eating and drinking establishments
and are not defined as bars, lounges or nightclubs by the Zoning Code. The
establishments within the immediate vicinity include Mayur Cuisine of India,
Port Restaurant, Port Theater, and The Place.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The subject tenant space has historically been occupied by a fast food
restaurant with a similar number of seats and business hours. There is no
evidence that suggests this type of use has created objectionable conditions.
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
1. The General Plan designates this site Corridor Commercial (CC) which is to provide a
range of neighborhood - serving retail and service uses along street frontages that are
located and designed to foster pedestrian activity.
2. The proposed food service use with the addition of alcohol sales and service is
consistent with the CC designation as it is intended to provide a service not only to
visitors traveling Coast Highway, but also to residents within the immediate
neighborhood and surrounding area.
3. Eating and drinking establishments are common along East Coast Highway 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;
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Zoning Administrator Resolution No. ZA2014-
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Facts in Support of Finding
1. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements, Table 2 -5) of the Zoning Code, eating and drinking establishments
located in the CC Zoning District classified as Food Service, Alcohol, No Late
Hours, require the approval of a minor use permit. The property is located
immediately east of a residential zoning district.
2. Pursuant to Zoning Code Section 20.38.060 (Nonconforming Parking), a
nonconforming use in a nonresidential zoning district may be changed to a new
use allowed in that zoning district without providing additional parking, provided no
intensification or enlargement (e.g., increase in floor area) occurs. The previous
fast food use, Kentucky Fried Chicken (KFC), had a parking requirement of 29
parking spaces and the proposed restaurant has a maximum parking requirement
of 13 parking spaces based on a one parking space per 30 square feet of net
public area ratio; therefore, the proposed rest-ant complies with Zoning Code
Section 20.38.060.
3. As conditioned, the proposed projec
eating and drinking establishments.
Finding
C. The design, location, size, and operating
the allowed uses in the vicinity,
Facts in Support of Finding
Code standards for
of the use are compatible with
1. The commercial center was designed to be occupied by a mix of restaurants, retail
and service uses. Pirozzi Restaurant will complement the existing uses and is a
typical and expected type of use in similar commercial centers.
2. The operation of the restaurant will be restricted to the hours between 11:00 a.m. and
11:00 p.m., daily. These hours are consistent with the business hours of other
restaurants and uses in the commercial center.
3. The proposed food service use is appropriate given the establishment will be
located along East Coast Highway which provides convenient access to motorists,
pedestrians, and bicyclists.
4. The surrounding area contains various business office, retail, and visitor serving
commercial uses including restaurants and take -out eating establishments. The
proposed establishment 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
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Zoning Administrator Resolution No. ZA2014-
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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
Facts in Support of Finding
1. The restaurant will occupy a tenant space historically occupied by a food service
use. All improvements to the tenant space have been reviewed and permitted.
2. Original site plan approvals for the development of the shopping center included a
review to ensure adequate public and emergency vehicle access, and that public
services, and utilities are provided to the entire commercial center. The tenant
improvement plans have been reviewed for compliance with applicable building
and fire codes.
Finding
La
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 center 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.
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Zoning Administrator Resolution No. ZA2014-
Page 6 of 9
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NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014 -001, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 (Planning and Zoning), of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 13T" DAY OF FEBRUARY, 2014.
Brenda Wisneski, AICI
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Zoning Administrator Resolution No. ZA2014-
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING DIVISION
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 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 Use
Permit.
4. This Use Permit may be modified or revoked by the Zoning Administrator if determined
that the proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and approval and may
necessitate an amendment to this Minor Use Permit or the processing of a new use
permit.
6. The hours of operation for the establishment shall be between 11:00 a.m. and 11:00
p.m., daily.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. No outside paging system shall be utilized in conjunction with this establishment.
9. 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.
10. 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.
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Zoning Administrator Resolution No. ZA2014-
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11. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
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 (Water and Sewers), including all future amendments
(including Water Quality related requirements).
13. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Minor Use Permit.
14. 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.
15. 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.
16. This approval shall expire and become void unless exercised within 24 months from the
actual date of review and 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.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Pirozzi Restaurant Minor Use Permit including, but
not limited to, UP2014 -001 (PA2013 -249). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City, upon demand, any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
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Zoning Administrator Resolution No. ZA2014-
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POLICE DEPARTMENT
18. The approval of Minor Use Permit No. UP2014 -001 does not permit Pirozzi Restaurant to
operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code,
unless the Planning Commission first approves a use permit.
19. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the scheduled closing time.
20. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
21. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
22. 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.
23. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
24. There shall be no live entertainment allowed on the premises.
25. There shall be no dancing allowed on the premises.
26. Strict adherence to maximum occupancy limits is required.
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Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit No. UP2014 -001
PA2013 -249
2929 East Coast Highway
M
Attachment No. ZA 3
Applicant's Description and Justification
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RICK A. BLAKE
ATTORNEY AT LAW
2107 N. BROADWAY, SUITE 106
SANTA ANA, CA 92706
E -MAIL: ABCLAWQRABLAKE.COM
TELEPHONE (714) 667 -7171 FACSIMILE (714) 667 -0477
File No. 6346 -1
December 17, 2013
City of Newport Beach
Community Development Department
Planning Division
100 Civic Center Drive
Newport Beach, California 92658
RE: Pirozzi Restaurant
2929 East Coast Highway
Newport Beach, California 92625
To whom it may concern:
It is with great pleasure and excitement that we have been engaged by Chef /Owner Alessandro
Pirozzi to process a minor conditional use permit application to allow for the operation of bona
fide Italian restaurant at the above - mentioned address.
BACKROUND
Chef Alessandro Pirozzi, is an award winning Chef and owner of Mare Culinary and Alessa'
Laguna, has found great success in Orange County, but it didn't happen overnight. Pirozzi, now
41, opened his first restaurant in Newport Beach only five years ago. Combining his charming
personality and his time - honored family recipes Pirozzi has created an authentic taste of Italy on
Pacific Coast Highway.
Boni in Naples, Italy, Pirozzi was the youngest of four children and the only boy. Growing up in
a house full of girls was a constant challenge but fortunately for him, whenever the girls were
teasing him, his grandmother, Norma Ida, would rescue him and take him into the safety of her
kitchen to help prepare dinner.
The kitchen became his sanctuary. He fell in love with the different aromas, the flavors and
learning the traditional techniques of preparing fresh homemade pasta. It was here that he
learned the many secret family recipes and began his journey to become a Certified Italian Chef.
Norma Ida taught him how to grow every vegetable and herb he needed for cooking in his own
PA2013 -249 forUP2014.001
2929 East Coast Highway �2
Alessandro Pirozzi
RE. Pirozzi Restaurant
December 18, 2013
Page 2
backyard. She also taught him the methods for preparing focaccia dough and exactly what it
takes to make the bread rise and not deflate into worthless putty.
His family believed that fresh herbs were key to making the best possible foods. Alessandro
maintained the herb garden and eventually began growing different types of tomatoes and
squash, all of which would inevitably become part of his recipe for success in America.
Pirozzi's passion for food and his quest to become certified became his way of life and prompted
him to learn the cuisine from every region in Italy. He discovered regional secrets to impeccable
pizza; mastered meat preparation, including the perfect veal saltimbocca and became versed in
many different sauces.
Following the great success of the Alessa family of restaurants Pirozzi opened his new Mare
Culinary Lounge in May 2012. The new restaurant and lounge offers traditional Italian cuisine
with Pirozzi's unique flair. The new lounge serves breakfast, lunch, dinner.
The culinary journey that began in southern Italy brought Alessandro to southern California
where today he shares his family recipes to great acclaim. The Chef of the Year (Riviera
Magazine) has Mare Culinary Lounge and Alessa Laguna Beach for and wishes to add to his
continued success by replacing what was formerly a KFC with an upscale Italian restaurant,
Pirrozi Corona Del Mar.
APPLICATION REOUEST
The applicant is tiling a minor conditional use permit with the city to operate as a bona fide
restaurant, selling, as an ancillary component of its overall operation, alcoholic beverages;
hours of operation from 11:00 am to 11:00 pm daily. No proposed addition to square
footage or change to the footprint of the existing retail space is proposed. (See Plans).
OPERATION
The applicant shall operate the premises as a bona -fide public eating establishment. The
applicant will be applying for a type 47 liquor license from the State of California's Department
of Alcoholic Beverage Control. A Type -47 On -Sale General for Bona Fide Public Eating Place
license is regulated so as to require that the business operate primarily as a bona -fide restaurant
limiting the amount of alcoholic beverages which can be sold to less than 50% of gross sales.
The State will also place time tested conditions on the license as well as maintain regulatory and
statutory powers over the applicant (licensee) in their operation as a licensed business. The City
can either mirror those conditions placed on the liquor license or create its own reasonably sound
conditions to regulate the activity of the business. The City and the State regularly work together
in creating conditions which can be imposed to minimize any potential negative impacts or
22
RE: Pirozzi Restaurant
December 18, 2013
Page 3
concerns. There will be no live entertainment on the premises. The applicant does intend to play
ambient (recorded) music throughout the premises.
Additionally, with the vast operational experience and demand for perfection, not only in his
kitchen, but in the maintenance and strict compliance of all applicable laws, riles and regulations
of Chef Pirozi, is confident he will operate a first class and complaint restaurant at this location
without any negative impacts whatsoever.
PREMISES INFORMATION
The premises consistent of a 1,430 square foot existing restaurant space located at 2929 East
Coast Highway within a small center which houses a Coffee Bean, Sprint, Subway, Dry Cleaner
and Mayor restaurant. The premises formally operated as a KFC restaurant.
FINDINGS
1) The use is consistence with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
The purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code will be
maintained and a healthy enviromnent for residents and businesses will be preserved. The service
of beer, wine distilled spirits is intended for the convenience of the restaurant patrons.
Operational conditions of approval which will be recommended by Staff and/or the Police
Department will ensure compatibility with the surrounding uses and minimize alcohol related
impacts.
The location previously operated as a restaurant (KFC) without the sale of alcoholic beverages as
a component of the operations. However, the addition of the service of alcoholic beverages as an
ancillary component of the overall operation of a fine dining establishment will not substantially
change the operational characteristics of the restaurant. The onsite sale and consumption of
alcoholic beverages as an ancillary component of the overall use provides a public convenience
by allowing the sale of such beverages in addition to full service meals.
2) The Use is consistent with the General Plan and any applicable specific plan.
The property is designed Commercial Corridor (CC) by the Land Use Element of the General
Plan. The restaurant use is consistent with that designation as it is a supporting use that is
integrated as part of a retail multi -tent commercial center. The project is not part of a specific
plan.
The use is allowed within the applicable zoning district and complies with all other applicable
provisions of the Zoning Code and Municipal Code.
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RE. Pirozzi Restaurant
December 18, 2013
Page 4
The subject property is located in a small commercial center. Alcohol Sales is an allowed use
upon the approval of a Minor Use Permit by the Zoning Administrator. The proposed use does
not change and/or increase the parking requirement and is wholly consistent with the on -sale
alcohol sales provisions within the Zoning Code. There is no addition to the footprint of the
building an it shall remain the same size as the previous restaurant at the premises.
The service of alcoholic beverages will be restricted to between the hours of 11:00 am and 11:00
pm, daily. No live entertaimnent is proposed. The operational conditions of approval recommend
by Staff and/or the Police Department relative to the sale of alcoholic beverages will ensure
compatibility with the surrounding uses and minimize alcohol related impacts, if any. The
applicant will also be required and intends on strictly adhering to and/or complying with the
California Building Code, requirements of the Department of Alcoholic Beverage Control,
California Business and Profession Code, The Newport Beach Zoning and Municipal Codes and
all conditions of approval.
3) The site is physically suitable in terms of design, location, shape, size, operating
characteristic, and the provision ofpublic and emergency vehicles (e.g., fire and
medical) access and public services and utilities.
The site is located within an existing and developed commercial center. The premises formerly
operated as a restaurant (however, no alcoholic beverages were sold). Given the past history of
the premises, i.e., the use as a restaurant, the use has established itself to be physically suitable
for the type of use proposed.
Adequate public and emergency vehicle access, public services, and utilities are provided within
the existing infrastructure.
4) Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a
hazard to the public convenience, health, interest, safety, or general welfare ofpersons
residing or working in the neighborhood of the proposed use.
The use of will not be detrimental to the public health, safety or welfare, nor be materially
injurious to property or improvements in the vicinity or the city as a whole. The applicant,
intends to operate the business in the utmost reasonable, safe and efficient manner as he has done
in other locations in South County. Additionally, the applicant intends to spend a considerable
amount of money making material improvement to the premises to include the upgrading the
bathrooms to be ADA complaint. These improvements will enhance not only the premises but
the surrounding businesses as it will likely attract new customers to the center. The hours of
operation will be limited 11:00 am and 11:00 pm daily.
24
RE: Pirozzi Restaurant
December 18, 2013
Page 5
TRAINING
Applicant shall ensure that all employees, to include but not be limited to servers, bus - persons
and management receive onsite training related to all aspects of the operation of the business to
include, but not be limited to, proper identification screening, signs of impairment, over -
intoxication, etc. Not only will training be provided by the Applicant, the Applicant shall
encourage all employees to receive training on local and state laws. Applicant's management
shall encourage all employees to attend and State and /or City programs related to the operation
of the business, particularly the sale and consumption of alcoholic beverages, such as the State
Sponsored LEAD program.
CONCLUSION
In conclusion we look forward to a great working relationship with your office, the City as a
whole, the surrounding business and the community of residents and employees.
Very t uh yours,
MIKE YA
Attorney €or Applicant
�1_15
20
Attachment No. ZA 4
Police Department Review
27
22
City of Newport Beach
Police Department
Memorandum
January 8, 2014
TO: Benjamin Zdeba, Assistant Planner
FROM: Detective Randy Parker
SUBJECT: Pirozzi Restaurant, 2929 East Coast Highway,
Use Permit No. UP2014 -001 (PA2013 -249).
At your request, the Police Department has reviewed the project application for
Pirozzi Restaurant, located at 2929 East Coast Highway, Newport Beach. Per
the project description, the applicant is requesting a minor use permit to add a
Type 47 (On -Sale General, Bona Fide Public Eating Place) Alcoholic Beverage
Control (ABC) License to an existing food service, eating and drinking
establishment. No late hours (past 11:OOp.m.) are proposed as part of this
application.
I have included a report by Crime Analyst Caroline Staub that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this new location is within an area
where the number of crimes is at least 93% over the city wide average of all
reporting districts in the city. This location is also within an RD that is over the
Orange County per capita of ABC licenses.
Applicant History
Pirozzi Restaurant is owned and operated by Chef Alessandro Pirozzi. Pirozzi
currently owns two restaurants in the city of Laguna Beach. Pirozzi has created
an authentic taste of Italy on Pacific Coast Highway. Pirozzi wishes to add to his
continued success by replacing what was formerly a KFC with an upscale Italian
restaurant.
Recommendations
The Police Department has no objection to the operation as described by the
applicant.
Signs and Displays
Any signs or displays would need to conform to City requirements. 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
2J°
Pirozzi Restaurant
UP2014 -001
alcoholic beverages. Interior displays of alcoholic beverages or signs, which are
clearly visible to the exterior, shall constitute a violation of this condition.
Hours of Operation
The proposed hours of operation will be 11:00 a.m. to 11:00 p.m. daily.
Security
The Police Department has no recommendations.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation.
For example, events likely to attract large crowds, events for which an admission
fee is charged, events that include any form of contract promoters, or any other
activities as specified in the Newport Beach Municipal Code to require such
permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Piro=i Restaurant to operate as a bar,
tavern, cocktail lounge or nightclub as defined by the Municipal Code,
unless the Planning Commission first approves a use permit.
2. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. No "happy hour" type of reduced price alcoholic beverage promotion
shall be allowed except when offered in conjunction with food ordered
from the full service menu. There shall be no reduced price alcoholic
beverage promotions after 9:00 p.m.
2
30
Pirozzi Restaurant
UP2014 -001
5. Petitioner shall not share any profits or pay any percentage or
commission to a promoter or any other person based upon monies
collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or the sale of
drinks.
6. 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.
7. There shall be no on -site radio, television, video, film or other
electronic media broadcasts, including recordings to be broadcasted at
a later time, which include the service of alcoholic beverages, without
first obtaining an approved special event permit issued by the City of
Newport Beach.
8. There shall be no live entertainment allowed on the premises.
9. There shall be no dancing allowed on the premises.
10. Strict adherence to maximum occupancy limits is required.
11. No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact Detective Randy Parker at (949) 644-
3706.
�5' is //
Randy Parker, ABC /Vice /Intelligence
Detective Division
Dale Johnson, Captain
Detective Division Commander
3
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Evrpp Disclaimer: Every reasonable effort has been made to assure the accuracy of the data
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GAS Imagery: 2009 -2012 photos provided by Eagle Imaging www.eagleaerial.com
M
/_nm IT i - IA LI C•w�I_vi
Conceptual Menu
15
3o
f �ozzi
prosciutto & mozzarella bar
............................................................. ...............................
SALAMI MISTI 22 SALUMI'E FORMAGGI 26 FORMAGGI MISTI 19
Select meats Select 6 items Select 3 cheeses
.... ............................................................ ...............................
SAN DANIELE _
12 IBERICO,SPANISH
D.O.PGORGONZOLA
NODINI 9
The king of Prosciutto,cured
SUPER PROSCIUTTO*
30 DOLCE 12
Lightly breaded Mozzarella, flash
for 18 months
Free range, acorn -fed Iberian black Creamy and rich with black fig
fried, pomodoro basil sauce
WILD BOAR SALAMI
9 pigs (melts in your mouth)
marmalade
SCAMORZE 9
BLACKTRUFFLE
SOPRESSATACALABRESE 8 BURRICOTTA 11
(SMOKED MOZZARELLA)
SALAMI
I I Spicy salami
(BURRATA STUFFED WITH RICOTTA)
Wrapped in speck, baked,
SPECK
Italian black lava salt, rosemary
9
bruschetta tomatoes
TARTUFOTTO
9
Smoked Prosciutto
EVO, arugula
BURRATA 12
Italian truffle infused cooked ham
DUCK PROSCIUTTO
PARMIGIANO 12 Sea salt, unfiltered EVO, Italian
12
PARMA PROSCIUTTO
O
10 Tender black pepper crusted duck rganic pear, organic Italian honeK
artichokes, olives
Cured for 14 months
prosciutto
caramelized walnuts
Not available for mix and match
da dividere
TO SHARE
OLIVE FRITTE
Fontina stuffed Castelvetrano olives, lightly
flash - fried, Greek oregano
ZUCCA (ANALESSA FAVORITE)
House -made organic butternut squash
ricotta ravioli, brown butter sage sauce
MAMMA MIA
Alessa's favorite meal - 3 meatballs, raga,
burrata, fresh basil
CALAMARI. FRITTI
Crispy -fried Calamari, arrabbiata sauce
BRUSCHETTAAL POMODORO
Roma tomatoes, basil, garlic Alessa's way
insalata
FARMER'S CHOICE
carpaccio pizza.
THE ITALIAN METHOD TO THINLY SLICE ADD PROSCIUTTO, SPECK,
9 MEAT, SEAFOOD AND VEGETABLES OR SALAMI FOR $5 EACH '
ADD FRESH VEGETABLES FOR $4
FILET MIGNON 14
Local lemon juice, arugula, shaved Parmigiano BIANCA IS
Smoked and fresh Mozzarella, house -made
9 OCTOPUS 16 sausage, Calabria chili, orange Peppadews
Braised, black lava salt, red,bell peppers, CALABRIA IS
mini croutons, Italiarccapeh berries Mild Italian sausage, spicy salami, smoked
16 GOLDEN BEETS
& GOAT CHEESE 12
Mixed baby greens, wild berry dressing,
13 fresh raspberries, walnuts
HEIRLOOM TOMATO
12 & BURRATA IS
Arugula, Castelvetrano, Cerigniola olives
with creamy mozzarella
ARUGULA & FENNEL 9
Wild arugula, fennel, oregano, lemon EVO,
shaved Parmigiano, chopped tomato
ADD SHRIMP $2 EA. ADD CHICKEN $6
CAESAR Full 8 Side 5
Shaved Panmigiano,croutons,anchovy -lemon
dressing
www.alessalb.com
add ons
TO ANY SALAD, STARTER, PIZZA
ADD CHICKEN $6
ADD SHRIMP $2 EA
ADD SALMON $7
Mozzarella, arrabbiata sauce
MARGHERITA 13
Pomodoro sauce, Mozzarella, basil, EVO
BURRATA E MELENZANE IS
Pomodoro sauce, burrata, basil, eggplant
DI PARMA IS
Mozzarella, Ricotta, Prosciutto-, arugula
FUNGHI MISTF IS
Wild mixed mushrooms, Fontina, truffle oil
SALSICCE IS
Italian sausage, sauteed mushrooms,
Mozzarella, tomato sauce
PIZZA VEGETARIANA IS
Pomodoro sauce, seasonal vegetables,
Mozzarella
Pirozzi is owned and operated by -
Award Winning'Chef Alessandro Pirozzi 4.00A
�e2013249oa5 Kovvay
2g29 t °aco piton
www .pirozziculinarycollection.con Nessa" www.marelb.com
37
pasta. pasta ripiena piatti
SUBSTITUTE WHOLE WHEAT PASTA FOR $2 ITALIAN HAND - FOLDED STUFFED PASTA MAIN DISHES
SUBSTITUTE ITALIAN GLUTEN FREE PASTA
(CONTAINS SOY) FOR $3 MELANZANE 17
CAPPELLINI AL POMODORO 12 Smoked Mozzarella and eggplant filled ravioli,
Angel hair pasta, garlic, fresh basil tomato sauce sauteed eggplant, tomato garlic basil sauce
ADD SHRIMP $2 EA. ADD CHICKEN $6 NONNATITINA I - Is
SPAGHETTI CON POLPETTE IS
Spaghetti, Mamma Margherita's meatballs,
light spicy tomato sauce
NONNA IDA'S LASAGNE IS
Ricotta, meatballs, ragu, Mozzarella
LINGUINE MARECHIARO 19
Mussels, clams, calamari, shrimp, garlic white
wine tomato sauce
ALSO AVAILABLE WITH WHITE WINESAUCE
SEASHELL PASTA IB
Lobster cream sauce, shrimp, asparagus
RIGATONI UGO D'ORSO 16
Grilled chicken, sun -dried tomatoes, porcini
mushroom cream sauce
V EG ETARIANA 13
Whole wheat spaghetti, garden Vegetables,.
garlic, tomato sauce, basil
ADD SHRIMP V EA. ADD CHICKEN $6
ALFREDO IS
House -made fettuccine, Parmigano cream,sauce
della easa
HOUSE -MADE PASTA
LAMB PAPPARDELLE 20
(ALESSANDRO'S FAVORITE) ,
Spinach infused raised Iamb shoulde7; shaved
ricotta salata
BOLOGNESE
Pappardelle pasta, Bolognese sauce
Spinach and Ricotta filled ravioli; tomato
basil sauce
NONNA IDA 17
Meat filled ravioli, Bolognese sauce, Pecorino
cheese
DI CARNE 20
Braised short rib filled giant tortelloni, walnut
porcini mushroom cream sauce
VEAL OSSO -BUCO 24
Veal Osso -Burn filled ravioli,wild mushrooms,
brown butter sage sauce
ARAGOSTA 24
Maine, lobster, fern el filled ravioli; sherry
reduction, vodka cream sauce
GALLINA 16
Rosemary chicken filled tor'tellini, shallots,
vodka pink sauce
PARMA 16
Meat filed tortellini, prosciutto, sage cream sauce
gnoeehi
HOUSE -MADE POTATO DUMPLINGS
CINGHIALE 18
Wild boar house -made sausage, mushroom,
Calabria chili, arrabiata sauce
PESTO 17
Organic basil; "parsley pesto toasted white
15 almonds
LIMONCELLO 24
Limoncello infused radiatori pasta, scallops,
prawns, Pinot Grigio wine sauce
add ons
TO ANY SALAD, PASTA, RISOTTO, GNOCCHI
ADD CHICKEN $6
ADD SHRIMP $2 EA
ADD SALMON $7
Experience the centuries old Italian tradition of woodfred brick oven pizza.
Recipes and cooking technique that is carefully handed down from one generation to the next
All Pizza is fired in a hand crafted Italian imported oven made bf hundred year old bricks,
'EGGPLANT PARMIGIANA 17
Lightly- breaded eggplant, Mozzarella,
pomodoro sauce, penne al pomodoro
POLLO PARMIGIANA 19
Chicken breasts, Asiago,,Parmigiano, fresh
basil tomato sauce, penne al pomodoro
MARSALA - 19
Pan- roasted chicken breasts, portobello
mushrooms and Sicilian marsala wine sauce,
sauteed Spinach, rosemary potatoes
alla griglia
FROM THE GRILL
SELECT, BELOW: I PROTEIN, I SAUCE, 2 SIDES
FILET MIGNON (e Oz) 29
RIBEYE (1 O Oz) 27
SALMON FILET 20
LARGE PRAWNS (3-4) 27
sauces
SELECT (1)
WILD MUSHROOM
AMARENA CHERRY PORT REDUCTION
FRESH ORGANIC HERBS
MEYER LEMON
SPICY LOBSTER REDUCTION
eontorni
SIDES
SELECT (2)
SAUTtED WILD MUSHROOMS
BRAISED CIPOLLINE ONIONS
ITALIAN MARINATEDARTICHOKES
ZUCCHINI, SHALLOTS & PANCETTA
ROASTED ROSEMARY POTATOES SAUT1
BROCCOLI
900 gradi
FORNO A LEGNA
FIORENTINA 24
Bone in ribeye for two, marinated in fresh
garlic, rosemary and EVO. Baked with black
eea salt. Pancetta cipolline fingerling potatoes.
BRANZINO AL SALE 22
European seabass baked under Italian rock salt,
fresh mint infused EVO.Arugula fennel and
cherry tomatoes.
ANGNELLO 22
Australian rack of lamb baked and topped
with meted Gorgonzola Dolce over purple
potato puree.
sides
MAMMA'S MEATBALL 3
BRUSSELS SPROUTS 8
Pancetta, onion, sage butter sauce
SR
X10
Attachment No. ZA 6
Project Plans
39
40
PIROZZI CORONA DEL MAR
2929 EAST COAST HIGHWAY
NEWPORT BEACH, CA 92625
STATE OF CALIFORNIA NOTES
PROJECT DESCRIPTION
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