HomeMy WebLinkAbout01 - Barone Bottega Minor Use Permit - PA2014-100 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
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CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 23, 2014
Agenda Item No. 1:
SUBJECT: II Barone Bottega Minor Use Permit - (PA2014-100)
4251 Martingale Way
Minor Use Permit No. UP2014-023
APPLICANT: Solo Noi, Inc.
PLANNER: Makana Nova
(949) 644-3249, mnova@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: PC-11 (Newport Place Planned Community)
• General Plan: MU-H2 (Mixed-Use Horizontal)
PROJECT SUMMARY
A minor use permit to authorize a Type 20 (Off-Sale Beer and Wine) and a Type 42
(On-Sale Beer and Wine Public Premise) alcoholic beverage license at a gourmet food
shop. The conditional Type 42 license will allow the addition of tasting and pairing
classes as an accessory use. 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. _ approving Minor Use Permit No.
UP2014-023 (Attachment No. ZA 1).
DISCUSSION
• The applicant currently operates a 1,596-square-foot gourmet food shop selling
artisan cheese and specialty fine food. Retail sales and restaurants are permitted
and conditionally permitted uses within the General Commercial Site 6 sub-area
of the PC-11 (Newport Place Planned Community) Zoning District. The business
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Zoning Administrator, December 23, 2014
Page 2
hours of operation are from 7:00 a.m. to 8:00 p.m., Monday through Saturday.
Staff recommends a closing hour of 10:00 p.m. to provide flexibility in the
business if wine tasting classes are provided.
• Although originally authorized as a retail shop selling pre-packaged foods, staff
has determined that the establishment should instead be classified as a
restaurant because food is prepared on-site and patron seating is provided. A
maximum of 14 seats are provided in the interior of the establishment.
• Under the Type 20 (Off-Sale Beer and Wine License), the applicant proposes an
off-sale beer and wine component to the existing operation in order to
complement the specialty packaged food sales.
• In conjunction with this license, the applicant is pursuing a conditional Type 42
(On-Sale Beer and Wine for Public Premises) ABC license to allow tasting as
part of the retail sales component of the business. Instructional tasting and
pairing classes would also be permitted during business hours within a 194-
square-foot retail sales area located in the rear portion of the tenant space.
• Although a Type 42 ABC license is listed within the Zoning Code as a license
type commonly issued to a bar establishment, the license will be restricted by the
California ABC with a condition that limits pours of beer and wine to a maximum
volume of two ounces.
• Due to the strict limitation on pours, the limited hours of operation, and the
conditions of approval placed on the application, the issuance of a restricted
Type 42 ABC license to conduct tasting and pairing classes is seen as an
accessory use to the existing establishment.
• The Police Department has reviewed the minor use permit application and has
added conditions to ensure that the design and security of the tasting/preparation
areas within the existing retail store are properly addressed.
• Alcohol service will not be permitted at the exterior of the establishment, where a
non-exclusive seating area is provided.
• Parking for the existing multi-tenant commercial building is part of a parking pool
for Macarthur Square. Refer to the attached parking calculations (Attachment No.
ZA 4) demonstrating that code required parking is available to accommodate the
establishment as a restaurant use.
• A total of eight parking spaces is required for the restaurant use at a parking rate
of one space per 200 square feet of net floor area per the Newport Place
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II Barone Bottega MUP
Zoning Administrator, December 23, 2014
Page 3
Planned Community Text. This leaves a parking suprlus of 129 parking spaces
within the parking pool (Refer to Attachment No. ZA 3).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project involves the addition of beer and wine sales (accessory use) to an
existing establishment. No other physical changes to the establishment are proposed.
Therefore, the use qualifies for a categorical exemption under Class 1 .
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
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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Ma ana VOva
Assistant Planner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Parking Analysis
ZA 4 Police Department Recommendation
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-023 FOR A TYPE 20 (OFF-SALE BEER AND WINE)
AND TYPE 42 (ON-SALE PUBLIC PREMISE) ALCOHOLIC
BEVERAGE CONTROL LICENSE LOCATED AT 4251
MARTINGALE WAY (PA2014-100)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Solo Noi, Inc., with respect to property located at 4251
Martingale Way, and legally described as Parcel 1 of Resubdivision No. 0395 being Lot 2
of Tract 7770, recorded in Book 299, Pages 15 & 16 of Miscellaneous Maps, records of
Orange County, California, requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to authorize a Type 20 (Off-Sale Beer and
Wine) and a Type 42 (On-Sale Public Premise) alcoholic beverage license at a
gourmet food shop. The conditional Type 42 license will allow the addition of tasting
and pairing classes as an accessory use. No late hours (after 11:00 p.m.) are
proposed.
3. The subject property is located within the General Commercial Site 6 sub-area of the PC-
11 (Newport Place Planned Community) Zoning District and the General Plan Land Use
Element category is MU-H2 (Mixed-Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 23, 2014, in the Corona del Mar Conference
Room (Bay E-First 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. The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use.
2. The proposed project involves the addition of beer and wine sales (accessory use) to
an existing establishment. No other physical changes to the establishment are
proposed. Therefore, the use qualifies for a categorical exemption under Class 1.
Zoning Administrator Resolution No. ZA2014-0##
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 minor 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
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The addition of beer and wine is
intended for the convenience of patrons wishing to partake in tasting and/or pairing
classes taking place within the tenant space. Operational conditions of approval
recommended by the Police Department relative to the service of beer and wine for
tasting only will ensure compatibility with the surrounding uses and minimize related
impacts.
2. Due to the high concentration of commercial land uses, the calls for service, number of
arrests, and crime rate are greater than adjacent Reporting Districts; however, the
Newport Beach Police Department does not consider the number significant given the
type of development within this Reporting District.
3. The proposed use is not located in close proximity to residential development, day care
centers, park and recreation facilities, places of religious assembly, and schools. The
addition of a conditional Type 42 license, coupled with the limited hours of operation, is
not considered or anticipated to be detrimental to the surrounding development. In
accordance with the Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal
Code, the Police Department has reviewed the minor use permit application and has
added conditions to ensure that the design and security of the tasting/preparation areas
within the existing retail store are properly addressed.
4. The provision of off-sale beer and wine in conjunction with beer and wine tasting and/or
pairing classes to the designated area within the tenant space will not substantially
change the operational characteristics. The use authorized by this permit is not a bar,
tavern, cocktail lounge, nightclub or an establishment where live entertainment or
dancing is provided. Prohibition of these uses or activities will minimize potential land
use conflicts, nuisances and police intervention.
5. The restaurant is located within a commercial area that is occupied by a mixture of
retail, service, and eating and drinking establishments.
6. There are three comparable establishments in the City, which provide wine tasting as
an amenity to patrons. The beer and wine licenses requested are the same as those
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obtained for said establishments and there is no evidence suggesting these uses have
been detrimental to the neighborhood.
7. The gourmet shop is permitted in the PC-11 (Newport Place Planned Community)
Zoning District. The off-sale and on-site consumption of beer and wine provides a public
convenience by allowing the tasting of beer and wine for sale in addition to specialty food
items offered for sale.
In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits,
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
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1. The property is designated MU-112 (Mixed-Use Horizontal) by the Land Use Element of
the General Plan. The MU-H2 designation applies to properties located in the Airport
Area. It provides for a horizontal intermixing of uses that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses. The gourmet food shop is
designated as a restaurant use with accessory wine tasting and is consistent with that
designation.
2. The subject 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 gourmet food shop is consistent with the General Commercial Site 6 Sub-Area of
the PC-11 (Newport Place Planned Community) Zoning District, which is intended to
provide for areas appropriate for a range of retail, office, and service uses such as
home and office furnishings, athletic clubs, nurseries, and home improvement stores.
A gourmet food shop designated for restaurant use with off-sale beer and wine sales
and on-site tastings is allowed upon the approval of a minor use permit by the Zoning
Administrator.
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2. The proposed off-sale beer and wine sales and associated tasting and/or pairing
classes are considered accessory to the restaurant use. Sufficient parking is available
in the parking pool to accommodate the establishment as a restaurant use with eight
required parking spaces.
3. The proposed conditions of approval ensure that potential conflicts with surrounding land
uses are minimized to the greatest extent possible or eliminated.
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. As conditioned, the tasting and/or pairing classes must occur during regular business
hours and end by 10:00 p.m., daily.
2. The operational conditions of approval recommended by the Police Department
relative to the sale of beer and wine will ensure compatibility with the surrounding uses
and minimize related impacts. The project has been conditioned to ensure the welfare of
the surrounding community so that the business remains a market with accessory dining
and does not become a bar or tavern. The project has been conditioned so that no
dancing or live entertainment will be permitted on the premises.
3. The restaurant is required to comply with the California Building Code and requirements
of the Alcoholic Beverage Control Department to ensure the safety and welfare of
customers and employees within the market.
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
Facts in Support of Finding
1. The project site is located within an existing multi-tenant commercial building.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing infrastructure.
4. The tenant improvement for a change of occupancy for the existing retail store and
related food preparation area was reviewed for compliance with all Building, Public
Works, and Fire Codes. Building permits will be required for the addition of the wine
tasting area within the restaurant area.
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4. All ordinances of the City and all conditions of approval will be complied with.
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, a 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 subjected to conditions of approval including limited
hours of operation 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 nuisance areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the establishment.
2. As conditioned, the owners, managers and employees selling beer and wine shall
undergo and successfully complete a certified training program in responsible methods
and skills for selling beer and wine.
3. The addition of oft-sale and on-sale beer and wine for the purpose of conducting
tasting classes is accessory to the retail/restaurant use and the establishment is
prohibited from becoming a bar, lounge, or nightclub.
4. As conditioned, the hours of operation from 7:00 a.m. to 10:00 p.m., Monday through
Saturday will preclude nuisances to the nearby residential properties.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014-023 (PA2014-100), 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 following the date this Resolution
was adopted 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 23RD DAY OF DECEMBER, 2014.
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plan dated with this date of approval. (Except as modified by applicable
conditions of approval.)
2. This minor use permit may be modified or revoked by the Zoning Administrator upon
a finding of failure to comply with the conditions set forth in Chapter 20.52 (Permit
Review Procedures) of the Municipal Code, other applicable conditions, regulations
governing beer and wine service, or should they determine that the proposed uses
or conditions under which it is being operated or maintained is detrimental to the
public health, welfare or materially injurious to property or improvements in the
vicinity or if the property is operated or maintained so as to constitute a public
nuisance.
3. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans as they relate to beer and wine sales, shall
require an amendment to this minor use permit or the processing of a new use
permit.
4. Minor Use Permit No. UP2014-023 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise
granted.
5. Should the beer and wine license be transferred, any future license holders, operators
or assignees shall be notified of the conditions of this approval by either the current
licensee, business operator, or the leasing company. Future licensees, operators or
assignees shall submit, within 30 days of transfer of the beer and wine license, a letter
to the Planning Division acknowledging their receipt and acceptance of the limitations,
restrictions and conditions of approval of this minor use permit.
6. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
7. 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.
8. A building permit shall be obtained for all new improvements related to the tasting
room including but not limited to a sliding partition door and new counter.
9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
change from general commercial to restaurant use in accordance with Chapter 15.38
of the Newport Beach Municipal Code. The applicant shall be credited for the
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reduction in general commercial square footage and the remaining balance shall be
charged or credited to the applicant.
10. The types of beer and wine license issued by the California Board of Alcoholic
Beverage Control shall be a Type 20 (Off-sale Beer and Wine) and a Type 42 (On-
Sale Beer and Wine for Public Premises) in conjunction with the principal
retail/restaurant use.
11. Individual servings of alcoholic beverages shall not exceed two ounces per glass or
container. This condition shall not be construed as to prohibit a patron from
sampling more than one glass and/or container of an alcoholic beverage for the
purpose of comparative tasting(s).
12. The hours of operation for the business shall be from 7:00 a.m. to 10:00 p.m., daily.
13. The hours of operation for pairing and/or tasting shall be limited to the business hours
for the establishment. Any increase in the hours of tasting and/or pairing classes shall
be subject to the approval of an amendment to this minor use permit and may be
subject to approval by the Zoning Administrator.
14. The interior net public area shall be limited to 662 square feet in area with a
maximum of fourteen (14) seats within the establishment.
15. A total of eight parking spaces shall be required for the restaurant use.
16. The operation of pairing and/or tasting classes shall include a maximum of 20 patrons.
Any increase in this number is subject to subsequent review by the Planning Division.
17. The beer and wine sales for the purpose of on-site tasting classes shall be limited to
the rear retail sales room indicated on the floor plan submitted with the application.
Any change in the operation of on-sale beer and wine sales or increase in the
tasting area devoted to beer and wine sales for customers shall be subject to the
approval of an amendment to this minor use permit issued by the Zoning
Administrator.
18. No exterior amplified music, public address speakers, outside paging system,
loudspeaker, sound system, or other noise generating device shall be utilized.
19. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the beer and wine outlet and adjacent properties during business hours, if
directly related to the patrons of the subject beer and wine outlet. If the operator fails to
discourage or correct nuisances, the Zoning Administrator may review, modify, or
revoke this minor use permit in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions) of the Zoning Code.
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20. The area outside of the establishment shall be maintained in a clean and orderly
manner. 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.
The operator of the use shall be responsible for the clean-up of all on-site and off-site
trash, garbage and litter generated by the use.
21 . All trash shall be stored within designated trash enclosures for the center.
22. 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 II Barone
Bottega Minor Use Permit including, but not limited to, Minor Use Permit No. UP2014-
023 (PA2014-100). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set
forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this
condition.
Police Department Conditions
23. Approval does not permit II Barone Bottega to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a conditional use permit.
24. Alcohol service shall not be permitted at the exterior of the establishment. No alcoholic
beverages shall be consumed on any property adjacent to the licensed premises
under the control of the license.
25. The 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.
26. There shall be no dancing and/or live entertainment allowed on the premises.
27. Strict adherence to maximum occupancy limits is required.
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28. All owners, managers, and employees selling beer and wine shall undergo and
successfully complete a certified training program in responsible methods and skills
for selling beer and wine. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative of the City
of Newport Beach.
29. A Special Event 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 beer and wine, include any form of
on-site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
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Attachment No. ZA 2
Vicinity Map
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Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided, however,The City of
GIS Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
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Imagery: 2009-2013 photos provided by Eagle
Feet Imaging www.eagleaerial.com
12/2/2014
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Attachment No. ZA 3
Parking Analysis
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MACARTHUR SQUARE TENANT LIST, SQUARE FOOTAGE, AND PARKING
Created 1/U dated 11/14/2014
13UILDIN� ADDRESS TENANT USE SQ.FT. Medical I Office 111estauran� Retail I General Catering k. Parkiiived Parki Discretionary Approval
Bldg. A 4200 Scott Drive Hokkaido Retail Comm'I-Restaurant 9,264 9,264 96 no CUP, est. 1975
Bldg. B 4220 Scott Drive Avant Garde Ballroom #1 PI: Dance Studio 4,950 4,950
Bldg. C 4250 Scott Dr., #J Sung Sim Lydon, DDS Medical-Dental Office 1,185 1,185
4250 Scott Dr., #K Dr. Peter V. Le, DDS Medical-Dental Office 1,274 1,274
4250 Scott Dr.,#L-O Avant Garde Ballroom #2 PI: Dance Studio 2,922 2,922
4250 Scott Dr., #N Green Hanger Cleaners Retail Comm'l-Drycleaners 1,6501 1,650
Bldg. D 1701 Corinthian, #D Couture Bridal Salon Retail Comm'I-Bridal Shop 920 920
1701 Corinthian, #E-F Yi Dynasty Korean BBQ Retail Comm'I-Restaurant 4,400 4,400 19 34 (PA2004-130)
1701 Corinthian, #G Orange Chicken Retail Comm'I-Restaurant Take Out 825 825 5 16 UP3311 and MD3676
1701 Corinthian, #H Xcel Sport & Fitness Retail Comm'I-Fitness & Workout 942 942
1701 Corinthian, # I Gwen David Designs Retail Comm'I-Florist 1,448 1,448
Bldg. E 4255 Martingale, #A Airport Wine & Spirits Retail Comm'I-Li uor Store 2,489 2,489
4255 Martingale, #B Barbery Coast Retail Comm'I-BeautyParlor 780 780
4255 Martingale, #C Forever Ageless Medical 768 768
4255 Martingale, #D Dr. John Koningh Medical 1,0921 1,092
Bldg. F 4253 Martingale, #A Tapas Retail Comm'I-Restaurant 4,208 4,208 17 46 UP3510
4253 Martingale, #C Tapas-Business Office Office 797 797
4253 Martingale, #D Tapas Retail Comm'I-Restaurant 1,250 1,250 UP3510
Bldg. G 4251 Martingale, #A II Barone Retail Comm'I-Restaurant 2,567 2,567 14 (PA2011-047)
4251 Martingale, #B-1 Tech Optics Office 480 480
4251 Martingale, #B-2 Private Pilates Retail Comm'I-Fitness & Workout 480 480
4251 Martingale, #C-D II Barone Bottega Retail Comm'I-Restaurant 1,596 1,596 8 (PA2014-100)
4251 Martingale, #E Ritter Chiro. Medical: Chiropractic 1,100 1,100
4251 Martingale, #F Luxury Nails Retail Comm'I-Beauty Salon 895 895
4251 Martingale, #G II Barone Retail Comm'I-Restaurant 810 810 (PA2011-047)
Bldg. H 1660 Dove, Ste. A Donut Depot Retail Comm'I-Donut Shop 822 822
1660 Dove, Ste. B Arnie's Manhattan Deli Retail Comm'I-Restaurant 5,500 5,500 81 UP1811
1660 Dove, Ste. C Kiro's Catering Catering Kitchen 474 474
1660 Dove, Ste. D Kiro's Catering Catering Kitchen 1,027 1,027
Total Square Footage 55,888 5,419 1,277 33,731 13,565 1,422 1,501 120
2�
Parking Re-Cap
Medical @ 1/200 gross 28
Professional Office @ 1/225 net 6
Restaurant @ 1/200 net 120
Retail Commercial @ 1/200 net 68
General Commercial @ 1/250 net 6
Catering @ 1/400 gross 4
Total needed 232
Total Provided 361
+/ 129
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Attachment No. ZA 4
Police Department Recommendation
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City of Newport Beach
Police Department
Memorandum
November 11, 2014
TO: Makana Nova, Assistant Planner
FROM: Detective John Thulin
SUBJECT: II Barone Bakery and Market (Solo Noi Inc.), 4251 Martingale Way,
Newport Beach
Use Permit No. UP2014-023 (PA2014-100).
At your request, the Police Department has reviewed the project application for 11
Barone Bakery and Market (Solo Noi Inc.), located at 4251 Martingale Way,
Newport Beach. Per the project description, the applicant is requesting a minor
use permit to authorize a Type 20 (Off Sale Beer and Wine) and a Type 42 (On
Sale Public Premise) alcoholic beverage license for ancillary wine tasting at a
1,596-square-foot retail gourmet shop. The shop is owned in common and
proposed as a complement to the adjacent II Barone Ristorante. The proposed
hours of operation are from 7:00 a.m. to 8:00 p.m., Monday through Saturday.
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 location is within an area where
the number of crimes is at least 82% higher than the 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
II Barone Ristorante opened in February of 2010. Chef Franco Barone has been
recognized as one of Southern California's most talented Italian chefs. The
Italian gourmet market and deli wine shop will have a key focus of high quality
selections of both imported and house cured meats, artisan cheeses, bakery
goods, vegetables, fruits, condiments, salads, pasta, and gelato. The Type 20
Off -Sale Beer and Wine license for the shop will maintain a unique selection of
specialty Italian wines from specific regions (of Italy) including premiere Italian
Gaja rare selections priced between $150 to $500. To better serve patrons in
their purchase of fine wines, a small enclosed wine tasting area (Type 42 On-
2�
I1 Barone Bakery and Market
UP2014-023
Sale Beer & Wine Public Premise license) of less than 100 square feet is located
within the market.
Recommendations
The Police Department has no objection to the operation as described by the
applicant. With the conditions listed below it is the opinion of the Police
Department that II Barone Bakery and Market will not have a negative impact on
the community and police services.
Should this application be approved, the Police Department recommends the
following conditions:
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
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 would be 7:00 a.m. to 8:00 p.m. daily.
Security
A comprehensive security plan for the permitted uses shall be submitted for
review and approval by the Newport Beach Police Department. The procedures
included in the plan and any recommendations made by the Police Department
shall be implemented and adhered to for the life of the use permit.
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.
2
22
I1 Barone Bakery and Market
UP2014-023
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 II Barone Bakery and Market 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.
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.
3
29
II Barone Bakery and Market
UP2014-023
11.No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact me at (949) 644-3709.
J04 Thulin, ABCNice/Intelligence Jay Short, Lieutenant
Detective Division Acting Detective Division Commander
4
30
NEWPORT BEACH POLICE DEPARTMENT "eWPa`r
a a
r-
Chief lay R.Johnson
870 Santa Barbara Drive - Newport Beach -CA 92660- 949.644.3791 `' aa�`'
2014 CRIME AND ALCOHOL-RELATED STATISTICS
Calls For Crimes Arrests Citations ABC Info
Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License Per
Subject: Intoxication Related Licenses Capita
4251 Martingale
Way 3 1 0 no[applicable 0 0 _ 1. not applicable
Subject RD: 2,784 60 104 103,448.28 88 8 14 0 4 30 2
RD34
Adjacent RD: 1,044 28 37 1,606.43 22 3 0 8 5 349
RD31
Adjacent RD: 1,699 52 75 1,751.43 55 9 1 0 6 6 495
RD33
Adjacent RD: 2,230 48 66 754.72 51 18 3 0 6 2 3,180
RD36
Newport Beach 82,761 1,635 2,467 1,915.06 2,422 373 584 7 893 394 217
01
California not available 1,210,409 not available 3,181.82 1,183,470 104,345 99,017 15,904 not available 86,825 438
National not available 10,189,900 not available 3,246.08 12,408,899 1,215,077 534,218 500,648 not available not applicable not applicable
Summary for II Barone at 4251 Martingale Way (RD34)
YTD 2014, RD34 had a total of 164 reported crimes,compared to a city-wide reporting district average of 108 reported crimes.
This reporting district is 56 crimes,or 52%,OVER the city-wide average.
The number of active ABC licenses in this RD is 30,which equals a per capita ratio of one license for every 2 residents.
Orange County averages one license for every 509 residents and California averages one license for every 438 residents.
This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses.
Notes:
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault Burglary,Larceny-Theft Auto Theft and Arson.
This report reflects City of Newport Beach data year-to-date 2014, through November 18.
California and National figures ore based on the 1011 Uniform Crime Report, which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 12/9/2014
31
Additional Information
Highest Volume Crime in Calls for Service
RD34 at 4251 Martingale Way
Burg/Theft From Auto UNKNOWN 1
GRAND THEFT REPORT 1
Highest Volume Crime in HANDICAP PARKING VIOLATI( 1
RD31
Burg/Theft From Auto
Highest Volume Crime in
RD33
Simple Assault
Highest Volume Crime in
Burg/Theft From Auto
Attachment No. ZA 5
Project Plans
33
V�
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31{
PA2014- 100 Attachment No . ZA 5 - Project Plans
BUILDING USEJENANTS
BUILDING A (AT 4200 SCOTT DRIVE) BUILDING E (AT 4255 MARTINGALE WAY)
"HOKKAIDO" RESTAURANT "AIRPORT WINE & SPIRITS" (SUITE A)
"BARBERY COAST" HAIR STUDIO (SUITE B)
"FOREVER AGELESS" (SUITE C)
BUILDING B (AT 4220 SCOTT DRIVE) VACANT SUITE (SUITE D)
"AVANT GARDE" BALLROOM
�.
fSMH "` w e �` I � BUILDING F (AT 4253 MARTINGALE WAY)
BUILDING C AT 4250 SCOTT DRIVE
�/ � f, ( ) "TAPAS" RESTAURANT
�� �f �` cP< "CLEANERS" 'SUITE N
/C
� ) BUILDING G (4251 MARTINGALE WAY)
C25j'?s `> ST VACANT SUITE
"BALLROOM II" (SUITE L, 0) "BARONE" RISTORANTE (Suite A)
" "
DENTIST (SUITE J, K) LUXURY NAILS" (Suite F)
ARONE
f�` r,_rSTNS�bNC � � tff �t,".,.,. �'�, v�:'_,,.;,`. , '.``D-y 4gy:0. �.,,, •.t,1.%..r..
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VACANT SUITESMAcaaT�uR SQUARE ILDIPGMONUMESIGN BUD (AT 1701 CORINTHIAN WAY)
7 "COUTURE BRIDAL" (SUITE D)iNcTPkAi660 DOVE 1Rrrr)� ✓ BUILDNG H
t soR "CCREA KALBI" (SUITE E, F)
p
15 30 o "ORANGE CHICKEN (SUITE G) "DONUT DEPOT" (SUITE A)
(8) GFITNESS STUDIO- (SUITE H) ",tN,E MANHI TAN. DEI (SUITE 8SSCALE IN FEET SILK FLORAL" SUITE I) KiROS CATERING (SUITE.POST \2 SMH VA(ANT SL'TF (SiT D)7C7
6,
PARKING \ �^�,�
13 , J / / v ? SIGN /• j 13 /ACS j # �a °�
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151 {` / 2pUTIL PED
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348
fr � SS��o P f P • Qa / EPB f I yr i STANDARD STALLS r.S?H ASPHALT PAVEMENT
s / ✓ Nc/ /
/ fif ACCESSIBLE STALLS
BOLLARDBFD BACKFL
OW DEVICEPARKING TOTAL PARKING PROVIDED 359
13
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/ ` ea' C�L CENTERLINE
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r 0' 24' ! ; CURVE DATA,
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O o l F .w_ 323.56' D VA
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a \ \ TRSH,_... "7 , ._./ .-w-- t z I o. �' L= 19.21'
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/ n,
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ICV
L=•SIGNi L= 43.45'
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'. °om \ 12 ; I 1 C5 = 1= 24°44'20" LND LANDSCAPE
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/ �f �l\= f \ :� w SMH t y. R=50.00' MAG MAGAZINE
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f
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_ \ WATER VALVE/ I �° ( $ CLEANOUT STRUCTURE
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UTMY VAULT
s'€ /'� CROSSES P/L ti Il II tl ;I t U
V/ rr i
eC R'RKIING AREA
OFFICE III:.CY'
4259 MACr�.r, HUR SOO;.EVARO _
�►��, a? 'a� �'� '.-rte V °_.. A, � � t -
EXISTING USE EXHIBIT r
f .
PREPARED BY: m
"MACARTHUR SOUARE SHOPPING CENTER
CONSULTING ENGINEERS/SURVEYORS/PLANNERS NEWPORT BEACH, CALIFORNIA A
4100 Newport Place Drive - Suite 200
Newport Beach, California 92660 SCALE: 1"=30' DAM 5/2%A4 DRAWN BY: L.C. CHECKED BY: J.H.K.
(949) 756-6440 Fax (949) 756-6444 REVISION DATE: SHEET NO. 1 2LLJ
3�
PA2014- 100 - rniinnt Pin s
GE N D REVISIONS
PANEL 6 L—
METER
NOTE#7 1 CITY REV
EX.ACCESSIBLE EX.ACCESSIBLE 10/26/2014
STORAGE - ,� RESTROOM RESTROOM
36%48" 36K4B° E�X"r 107 108 EXISTING PARTITION TO REMAIN
m RESTRM A 2 F
9„ STORAGE PNOTE EXISTING DUPLEX OUTLET
RE TROOM 106 CLI? 1Tro N E171 f7l M. V� o EXISTING FOUR PLEX OUTLET
_ STORAGEWASH&PREP o m a T OFFICE EX-r blAREA z A N SOOLER/ 2 RETAIL SALES 1OO ® ; NEW DUPLEX OUTLET
WOPK
OOLER i WALK-IN MARKET 3_p^ ROOM. 1O5CLR. 1O4 A l E #5 All a O
TRASH z 0
ALIGN
NOTE #6Y 102
NOTE #12 m
� � � � B 3 r �
M V M V
' NOTE#6 6
REFRIG. ® 1=
GELATOIL
DISPLAY COUNTER REFRIGISPYLL
D LA' RETAIL SALES O
RETAIL SALES O _102 nl
103 w w
J � N L
6 �
DIS s EXT F 13 L
TRASH N L lg
6 + �
19-61/2" 22-41/2..Elm
6}
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l U
4T-n GROES SQ. FT.: 159ro S.F. 61
c �
SCALE: 8" = 1'-O" SCALE: 1/8" = 1'=0" tj
a}
m
SEATING PLAN ITION PLAN 3 NOTES N
PUBLIC AREA FLOOR PLAN , 1 1 1 GALGALL DIMENSIONS FOP,ULATED FRO l CENTELIC ER LINE EOF GROUNTER AREAS.
h
OUT AREA
■� 1 " X 10" FRONT LIP NOTE#7 2. OVER ALL DIMENSIONS ARE ON DETAIL 3 AND OROS
PANEL S.F. IS INDIGATED ON DETAIL 4,
METER S.F.
E 1O7 1O8 3. NO SEATING IS PROPOSED GOURMET RETAIL.. SHOP. U .
STORAGE THE SHOP IS CARRY OUT ONLY. W
asx4e Sex<e° AEFAIG. ERZ. E EB D ,I-I,E �E 4. NO FOOD PREP 15 DONE IN THIS FAGILITY.
RESTRM U.0
E
u RE 1ROOM 0 O GFI
o STORAGE E W
'
WASH PREP —
AREA E E � 101
? WALK-IN NOTE#7
COOLER
® W
105 E
E
W
AEFRIG OGGUPANGY/SQ. F. z
AIG. J W-
P N
PY E
® OFFICE.: 120 s.f./100 5.f.
0 102
103 RETAIL 1170 s.f./30 B.f. 33 000 CD
STORAGE: 323 s.f./300 s.f. 1 000 p[ W
(Rm 106 100) — Z
TOTAL OCCUPANTS r 4°1 000"
I
I PER GBG 2010 TABLE 1041.1 TWO EXITS ARE REQUIRED '�—^
AND TWO ARE PROVIDED u
7 EXISTING POWER/DATA AND PLUI`'IBING PLAN 2 OCCUPANCY CALCULA T IONS rl A
PUBLIC AREA CALCULATION DIAGRAM -
to'
NOTE:
THESE DIMENSIONS APF-
TAKE
RETAKE FROM INSIDE FACE OF —
9.. WALL TO INSIDE FACE OF WALL
AND DIFFER FROM DIMENSIONS
m IN DETAIL 3 THIS PAGE
104 B.F. N W
t` 7-1/2" 121
Z DL
m-4-
CA 1 ( n ` a
21'-1/B" 9_17 SiB V '
Not A Part OL (y
12" ` !
a m
IL
E.
m
18-11" 12"
1 PROJECT #:
DATE: 7/114./14.
DRAWN BY:
GROSS SQ. FT.: 1596 S.F.
SHEET:
PUBLIC AREAS: 662 S.F.
Awowl
PUBLIC AREA SQ. FTG. 4
3C
PA2014- 100 Attachment No . ZA 5 - Project Plans
IL �A�ON� �OGG�TTA
X1251 NMU NGAL� WAY SMITES C & p
NEWPOVT BEACH, CA
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r,
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SEATING PLAN _
Item No. 1a: Additional Materials Received
Zoning Administrator - December 23, 2014
II Barone Bottega Minor Use Permit (PA2014-100)
December 23, 2014, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosher()vahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item No. 1. I/ Barone Bottega Minor Use Permit (PA2014-100)
1. The report does not make clear how this use is related, if at all, to the full service restaurant,
II Barone Ristorante, apparently operating in the adjacent suite at the same address.
2. I'm not sure why prohibiting operation of the Bottega on Sunday is important, but Fact in
Support of Finding F.4, on handwritten page 11, suggests the neighborhood will be
protected by limiting the operation to Monday through Saturday. However, that"fact" is
not supported by Condition of Approval 12, which appears to allow operation on all days of
the week. The two statements should be made consistent.
3. The reference to violations of"Chapter 20.52 (Permit Review Procedures) of the Municipal
Code' in Condition 2 (handwritten page 12) is puzzling to me since as far as I can tell the
present hearing is the "permit review" referred to in that chapter. Is this meant to suggest
the permit can be revoked if it is later found false information was provided at the hearing?
4. The statement in Condition 9 that the Fair Share Traffic Fees calculation might result in a
credit to the applicant is confusing. Is there a circumstance in which the City would pay the
applicant for changing the use or in this case in recognizing that what had been classified as
general commercial is really a kind of restaurant?
5. Is Condition 17 intended to limit sales and consumption of alcohol to the rear room? If it is,
it could be more clearly stated.
6. In Condition 22, 1 believe the last word is supposed to be "licensee" rather than "license."
Also, is it the intent of this condition that beverages purchased at the Bottega cannot be
consumed at the Ristorante?
7. In Condition 28, 1 have difficulty understanding the statement that staff ABC training must be
completed "within 180 days of the issuance of the certificate of occupancy." Isn't the site
already occupied? And whatever its occupancy status, shouldn't staff be required to be
trained before serving alcohol rather than some number of days after?
8. A number of the police recommendations on handwritten pages 28-30 have not been
incorporated as conditions of approval in the Resolution. Among them are the conditions
that alcohol sales be secondary to food sales, that there be no alcohol-related games, no
alcohol sales signs visible from outside, and so on. I don't know what the conditions
imposed on the adjacent"Ristorante" might be, but it would seem strange if the conditions
allowed a more permissive alcohol-related restaurant type operation in the "Bottega."