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HomeMy WebLinkAbout03 - Mozambique Peri Peri - PA2014-182 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 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 23, 2014 Agenda Item No. 3: SUBJECT: Mozambique Peri Peri - (PA2014-182) 1332 Bison Avenue • Minor Use Permit No. UP2014-047 APPLICANT: Zabenza Inc. PLANNER: Jason Van Patten, Planning Technician (949) 644-3234, jvanpatten@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC 50 (Bonita Canyon) • General Plan: CG (General Commercial) PROJECT SUMMARY Amendment to Use Permit No. UP2002-033 to change the Alcoholic Beverage Control (ABC) license for an existing eating and drinking establishment (Mozambique Peri Peri) from a Type 41 (On Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General — Eating Place). Hours of operation will remain 11 :00 am. to 10:00 p.m., daily. 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. UP2014-047 (Attachment No. ZA 1). DISCUSSION The site is located in Commercial Sub-Area 5 of the Bonita Canyon Planned Community (PC 50) Zoning District which was intended to provide for up to 55,000 square feet of commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 1 V� QP �P Mozambique Peri Peri Zoning Administrator, December 23, 2014 Page 2 • The existing eating and drinking establishment operates pursuant to Use Permit No. UP2002-033 approved November 15, 2002, which allowed the sale and service of food and beverage with incidental beer and wine sales, and established hours of operation between 10:00 a.m. and 11:00 p.m., daily. • Mozambique Peri Peri currently holds a Type 41 (On Sale Beer and Wine — Eating Place) license and has requested a change to a Type 47 (On-Sale General — Eating Place) license. • Pursuant to Zoning Code Section 20.48.030 (Alcohol Sales) owners or operators of existing alcohol sales establishments shall be required to amend an existing permit if there is a change in type of retail liquor license from the Department of Alcoholic Beverage Control. • The use will remain an eating and drinking establishment and the change in ABC license type will not alter or intensify the existing use. Further, there will be no change to the floor area or hours of operation. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the eating and drinking establishment does not become a bar or tavern. The establishment is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. • As conditioned, the owners, managers and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. • This Minor Use Permit supersedes Use Permit No. UP2002-033 (PA2002-159), which will become null and void should this subject application be approved and exercised. ENVIRONMENTAL REVIEW This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of retail liquor license at an TmpIt:04-17-14 Mozambique Peri Peri Zoning Administrator, December 23, 2014 Page 3 existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 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: Jas Van Patten Planning Technician JM/jvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Crime Statistics ZA 5 Project Plans TmpIt:04-17-14 Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2014-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-047 TO CHANGE THE ALCOHOL BEVERAGE CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT FROM A TYPE 41 TO A TYPE 47 LOCATED AT 1332 BISON AVENUE (PA2014-182) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Zabenza Inc., with respect to property located at 1332 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-140 requesting approval of an amendment to an existing use permit. 2. The applicant proposes to amend previously approved Use Permit No. UP2002-033 to change the Alcoholic Beverage Control (ABC) license at an existing eating and drinking establishment (Mozambique Peri Peri) from a Type 41 (On Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General — Eating Place). Hours of operation will remain 11:00 am. to 10:00 p.m., daily. No late hours (after 11 :00 p.m.) are proposed as part of this application. 3. The subject property is located within the Bonita Canyon Planned Community (PC 50) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 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-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. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of alcohol beverage control license at an existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA Zoning Administrator Resolution No. ZA2014-0## Page 2 of 10 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 such findings 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 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 54 (RD 54). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson) crime rate in RD 54 is higher than adjacent Reporting Districts 51 and 52, but lower than Reporting District 36 and the City overall. 2. Year to date, zero Part One Crimes have been reported at the subject property. 3. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the change in alcoholic beverage license type proposed. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 54 is higher than adjacent Reporting Districts 51 and 52, but lower than Reporting District 36 and significantly less than the City overall. The Police Department has reviewed the proposal and has no objection. 2. Year to date, four calls for service representing less than one percent (4/1,141 = 0.3) of all calls for service in the Reporting District have been reported at the subject property. There have been no arrests or citations reported at the subject property. 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. 07-22-2014 g Zoning Administrator Resolution No. ZA2014-0## Page 3 of 10 1. The site is developed with a commercial shopping center which is consistent with the General Plan designation, General Commercial. Properties within the shopping center consist of retail, service, and eating and drinking establishment uses. The property is not located within close proximity to any day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that attract minors. The nearest residential and recreational uses are buffered from the shopping center by MacArthur Boulevard and Bison Avenue. Eating and drinking establishments with incidental alcohol service have existed at the subject location since original construction of the shopping center in 2003 and the proposed change in Alcoholic Beverage Control license type is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. Multiple eating and drinking establishments within the shopping center including Wildfish Seafood Grille (Type 47), Islands (Type 47), Johnny's Real New York Pizza (Type 41), and Pei Wei (Type 41) sell alcoholic beverages. Mozambique Peri Peri currently operates with a Type 41 (On Sale Beer and Wine — Eating Place) license and has requested a change to a Type 47 (On-Sale General — Eating Place) license. There is no evidence suggesting this use has been detrimental to surrounding properties or the neighborhood. V. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. An eating and drinking establishment with alcohol service has operated at the subject location since 2003. 2. 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 service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 10:00 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The establishment is located within an existing shopping center which is developed with other commercial uses. Changing the alcohol beverage control license will not alter the existing operation, but will complement the food service and provide a convenience to customers. 07-22-2014 9 Zoning Administrator Resolution No. ZA2014-0## Page 4 of 10 In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The General Plan designates the site as General Commercial (CG) which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The existing eating and drinking establishment is located within the Bluffs Shopping Center and serves those working, residing, or visiting the surrounding neighborhood, consistent with the CG land use designation. 3. The subject property is not a 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 site is located in Commercial Sub-Area 5 of the Bonita Canyon Planned Community (PC 50) Zoning District which was intended to provide for up to 55,000 square feet of commercial uses. Eating and drinking establishments are permitted uses subject to the approval of a use permit. 2. The existing eating and drinking establishment operates pursuant to Use Permit No. UP2002-033 which allowed the sale and service of food and beverage with incidental beer and wine sales, and established hours of operation between 10:00 a.m. and 11:00 p.m., daily. 3. The use will remain an eating and drinking establishment and the change in alcohol beverage control license will not alter or intensify the existing use. Further, there will be no change to the floor area or hours of operation. 4. The conditions of approval reflected in "Exhibit A" of this resolution ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 07-22-2014 10 Zoning Administrator Resolution No. ZA2014-0## Page 5 of 10 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. Eating and drinking establishments with the service of alcohol have operated at the shopping center since original construction in 2003 and have not proven detrimental to the area. 2. The principal use will remain an eating and drinking establishment and the change in license type will not alter the design, size, or operating characteristics of the facility. 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the eating and drinking establishment does not become a bar or tavern. The establishment is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 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. Facts in Support of Finding: 1. The existing eating and drinking establishment is located within an existing shopping center and has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the use. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. Finding: F. 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 of persons residing or working in the neighborhood of the proposed use. 07-22-2014 22 Zoning Administrator Resolution No. ZA2014-0## Page 6 of 10 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 eating and drinking establishment will continue to service patrons of the shopping center, surrounding commercial buildings, and provide dining services as a public convenience to the surrounding neighborhood. The service of alcohol will continue to complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business in a way which best serves the community. 3. As conditioned, the owners, managers and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. Residential uses do not exist within close proximity of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-047 (PA2014-182), 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 fourteen (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. 3. This resolution supersedes Use Permit No. UP2002-033 (PA2002-159) approved November 15, 2002, which upon vesting of the rights authorized by Minor Use Permit No. UP2014-047 (PA2014-182), shall become null and void PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF DECEMBER, 2014. By: Brenda Wisneski, AICP, Zoning Administrator 07-22-2014 12 Zoning Administrator Resolution No. ZA2014-0## Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 3. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. The eating and drinking establishment as proposed will contain 1,968 gross square feet. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 5. Hours of operation shall be limited to between 10:00 a.m. and 11:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Minor Use Permit or the processing of a new use permit. 6. All employees shall park on-site. 7. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of the eating and drinking establishment. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets in accordance with Newport Beach Municipal Code Section 20.30.020 (Buffering and Screening), and shall be sound attenuated in accordance with Chapter 10.26 (Community Noise Control). 9. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Division and Public Works Department. This condition does not preclude the shared use of a common area grease interceptor device, if determined adequate by the Building Division and Public Works Department. 10. The facility shall comply with the provisions of Chapter 14.30 (Fats, Oils and Grease Control) for commercial kitchen grease disposal. 07-22-2014 T3 Zoning Administrator Resolution No. ZA2014-0## Page 8 of 10 11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Division. 12. Should the alcoholic beverage control (ABC) 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 thirty (30) days of transfer of the ABC 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. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control (ABC) shall be a Type 47 (On-Sale General for Bona Fide Eating Place) in conjunction with the service of food. 14. The alcoholic beverage sales for the purpose of on-site consumption shall be limited to the designated dining areas indicated on the floor plan submitted with the application. Any change in the operation of on-sale alcoholic beverage sales or increase in the dining area devoted to alcohol sales for customers shall be subject to the approval of an amendment to this minor use permit issued by the Zoning Administrator. 15. Bar counters for the service of alcoholic beverages shall be prohibited. 16. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. 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 20.96 of the Zoning Code. 17. A covered wash-out area for refuse containers and kitchen equipment shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department. 18. 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. 19. 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. 20. 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 07-22-2014 -14 Zoning Administrator Resolution No. ZA2014-0## Page 9 of 10 Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 23. 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. 24. There shall be no live entertainment. 25. No outside paging system shall be utilized in conjunction with this establishment. 26. 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. 27. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 28. 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 Mozambique Peri Peri including, but not limited to Minor Use Permit No. UP2014-047 (PA2014-182). 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. 07-22-2014 15 Zoning Administrator Resolution No. ZA2014-0## Page 10 of 10 Police Department Conditions 29. This approval does not permit the premises to operate as a bar, lounge, or nightclub as defined by the Newport Beach Municipal Code. 30. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 31. The applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point" at all exits leading from the dining area. 32. 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. 33. Dancing shall be prohibited, unless otherwise approved in conjunction with a Special Events Permit. 34. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol beverages. 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 retail market 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. 07-22-2014 10 Attachment No. ZA 2 Vicinity Map 17 V� QP �P sg y y i I�yORCA DR I J J 1� � I VCS J� �!LA FELICIDAD TA n � Subject Property LAURENTiMARSALq DR I fiI80N AVF � o m W 1EE56URY,CT J 0 J_ N a W 1 mr��� � - •'•fig Artoyo cF m VItAGG10 �; O Newport 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 OP any results obtained in its use. 0 447 894 Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 11118!2014 29 V� QP �P �o Attachment No. ZA 3 Applicant's Project Description 21 V� QP �P APPLICANT: ZABENZA, INC. PROJECT ADDRESS: 1332 Bison Ave., Newport Beach, CA 92660/APN 458-152-31 and 458-152-35 PROJECT DESCRIPTION AND JUSTIFICATION Applicant Zabenza, Inc. ("Applicant') currently operates the Mozambique Peri Peri (`Peri Peri") in The Bluffs Shopping Center located at MacArthur Blvd and Bison Ave. Peri Peri is an upscale fast casual restaurant featuring South African food. Peri Peri currently serves beer and wine to dine- in customers pursuant to a Type 41 liquor license. Applicant has applied to upgrade its liquor license to Type 47 (On Sale General — Eating Place), and has satisfied all application requirements. Pursuant to Section 20.48.030 of the Municipal Code, Applicant is now required to submit an application for an amendment to an existing permit due to a proposed change in type of liquor license from the Department of Alcoholic Beverage Control. Accordingly, Applicant respectfully submits its request for approval of a minor use permit to amend the existing Use Permit(Use Permit No UP2002-033(PA2002-159))to allow sale and service of alcoholic beverages for consumption on premises to dine-in customers. Consistent with General Plan The proposed use is exactly the same as the current use, the only change being the addition of alcoholic beverages to its current offerings of beer and wine. Peri Peri operates within a shopping center with several other eating and drinking establishments and retail stores, which is the purpose of the district where the site is located. Peri Peri offers dine-in, take out, delivery and catering services. Applicant estimates that sales of beer, wine and alcoholic beverages will account for only 10—20% of overall sales. Peri Peri and The Bluffs Shopping Center in general is a bustling shopping and dining destination for local residents and professionals working in the area and is located on a major thoroughfare, MacArthur Blvd. The shopping center does not abut sensitive land uses and is separated from other uses by roadways. There is ample parking at the center (at least 481 spaces) and valet parking is now available as well. Peri Peri has approximately 16 employees, 12 part time and 4 full time, all of whom park on site. Peri Peri is not a bar, tavern, cocktail lounge or nightclub, and it does not offer live entertainment, recreational entertainment or dancing. Peri Peri offers upscale fast casual dining, with takeout available, to local customers and is first a foremost a dining establishment. Use Complies with Zoning Code and Municipal Code The use is allowed within the applicable zoning district as Applicant has operated as a restaurant offering beer and wine to its customers since 2011. The shopping center includes several other eating and drinking establishments. Specifically, the proposed use is consistent with the purpose and intent of Section 20.48.030 of the Municipal Code for the fallowing reasons: • The center is not directly adjacent to any residences and there are no day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses in the vicinity. • The Bluffs shopping center in general is a busy shopping and dining destination for local residents and professionals working in the area and does not have any uses that attract minors. • There are a limited number of establishments selling alcoholic beverages in the area. 1 PA2014-182 for UP2002-033 1332 Bison Avenue �3 Zabenzalnc. APPLICANT: ZABENZA, INC. PROJECT ADDRESS: 1332 Bison Ave., Newport Beach, CA 92660/APN 458-152-31 and 458-152-35 Compatible with Allowed Uses in Vicinity Generally, the proposed use is entirely compatible with the allowed uses in the vicinity because Peri Peri is one of several other eating and drinking establishments and retail stores within The Bluffs Shopping Center and that use will be unchanged except for the addition of alcoholic beverages to the menu. There will be no change in the hours of operation or to the business generally, it will continue to operate as it has in this location since 2011. While the interior design and decor of Peri Peri differs from the original application for the existing Use Permit (formerly a Pasta Bravo location), the size and operating characteristics of the use are the same: • The premises is approximately 1968 square feet,with a seating area of approximately 800 square feet that seats 49 guests. • The change to the counter/cabinets will result in no change to the net public space in the restaurant, nor will the square footage change. • There is no outdoor dining area, except for a common patio area (not adjacent to Peri Peri)for use by all patrons of the shopping center. • The hours of operation are 11 am to 10 pm, and have been the same since Peri Peri commenced operations in 2011. Site Physically Suitable There will be no physical change to the site itself as a result of the proposed change in type of liquor license, therefore the site continues to be physically suitable for its use as an eating and drinking establishment within The Bluffs Shopping Center. The premises is approximately 1968 square feet, with a seating area of approximately 800 square feet that seats 49 guests. The change to the counter/cabinets will result in no change to the net public space in the restaurant, nor will the square footage change. The guest seating arrangement will remain the same and Applicant anticipates no need for any changes to such arrangement as a result of the change in type of liquor license. The Bluffs Shopping Center is located on a major thoroughfare, MacArthur Blvd., allowing access to the public, fire/medical vehicles, public services and utilities. Site entrance, delivery entrance, parking, path of travel are all per city standards. There is ample parking at the center(at least 481 spaces)and valet parking is now available as well. The restaurant has been, and continues to be, operated in accordance with the conditions of the existing CUP. Use Not Detrimental to City or Neighborhood Applicant respectfully submits that amending the existing CUP to permit the service of alcoholic beverages for consumption on premises to dine-in customers will have no detrimental impact on the city, neighborhood or residents. Peri Peri and The Bluffs Shopping Center in general is a bustling and popular shopping and dining destination for local residents and professionals working in the area. Quite the opposite of a hazard to the public convenience, Peri Peri offers upscale fast casual dining, with takeout available, to local customers. Peri Peri is not a bar, tavern, cocktail lounge or nightclub, and is suitable for professionals, date night or a family dinner out. The menu offers a variety of entrees and includes a children's menu. The ability to offer alcoholic beverages 2 24 APPLICANT: ZABENZA, INC. PROJECT ADDRESS: 1332 Bison Ave., Newport Beach, CA 92660/APN 458-152-31 and 458-152-35 to its guests will allow Peri Peri to offer a more enjoyable dining experience to its dine-in customers. The owner and developer of The Bluffs Shopping Center and Applicant's landlord, The Irvine Company, LLC, has approved of the proposed change in license type and has amended Applicant's lease accordingly to permit the sale and service of alcoholic beverages for consumption on premises to dine-in customers. Based on the foregoing, Applicant respectfully requests approval of its application for a minor use permit to amend the existing Use Permit (Use Permit No UP2002-033 (PA2002- 159)) to allow sale and service of alcoholic beverages for consumption on premises to dine-in customers. 3 25 V� QP �P Attachment No. ZA 4 Crime Statistics 27 V� QP �P �g a NEWPORT BEACH POLICE DEPARTMENT �eWPaRr 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 1332 Bj504 AVB 4 0 0 not applicable 0 0 1 not applicable Subject RD: 1,141 35 34 680.54 13 3 3 0 2 7 735 RD54 Adjacent RD: 2,230 48 66 754.7218 3 0 6 2 3,180 RD36 JEW Adjacent RD: 917 31 26 532.74 12 5 6 0 7 3 1,940 RD51 Adjacent RD: 674 14 16 409.72 0 0 1 2 1,709 RD52 Newport Beach 82,761 1,635 2,467 1,915.06 2,422 373 584 7 893 394 217 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 Mozambique at 1332 Bison Ave (RD54) YTD 2014, RD54 had a total of 69 reported crimes,compared to a city-wide reporting district average of 108 reported crimes. This reporting district is-39 crimes,or-36%, UNDER the city-wide average. The number of active ABC licenses in this RD is 7,which equals a per capita ratio of one license for every 735 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 UNDER the Orange County and UNDER 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. 11/20/2014 Additional Information Highest Volume Crime in Calls for Service RD54 at 1332 Bison Ave Burg/Theft From Auto UNKNOWN 1 BURGLARY ALARM AUDIBLE 3 Highest Volume Crime in RD36 Burg/Theft From Auto Highest Volume Crime in RD51 Burg/Theft From Auto Highest Volume Crime in Burg/Theft From Auto Attachment No. ZA 5 Project Plans 31 V� QP �P PA2014- 182 Attachment No . ZA 5 - Project Plans , ABBREVIATIONS I I .. CITY CF NEAFCRT BEAGH 00NF7Uf i7Y Cr 1.CC�tt4Ct11'4 i)EPAR^�i7�R _ £ APPROVki. bP TNEoE P ANS CIES NOT CONSTITUTE EBtPRESS C13 iP1P1-ICO j # And F.A. Fire Alarm PRCST. Pre-cast ii c�n < i-nr v inti THE�OETI hAN ANY IAN r!RIND POLICILS©F bTN1 ctn aP L Angle F.B. Flat Bar FL. Plate i.i 1.r,11 HEFlC!{ THIS API RL y,t DOC N01' GUARANTEE MAT THESE F`tAN3 { At F.D. Floor Dram ib ALL RESPF.CTS IN C0"PI iANCr b T+I CIiV, BUILDING AND 20 itd6 P.LAM. Plastic Laminate C,<J,N?\Ccs.P..P.NS AND POUC IES 1 r (.lil <)F (dE-:YYPORT BE STRUCTURE OR FDN. Foundation PLAS. Plaster '(I E.R;Giri7 TO'R£C.URE.G,NY PtSN' T"(C.. O I1`i,SF' BU1LO{PoRINC OR AFTER 3�\j •^� g `\ Fm1 ?"'l Qenterline 1 ,t "M N A4'TF;OR fc.J BV if,(6F CI FlnS ORDI ptGEB;PtRNS AN4R `"" € r j F.E. Fire Extingmsher PLYWD. Plywood a :<.I ,f iN i nLcessARr TO co r u , ID Diameter or Round F.E.C. Fire Extm ul5her Cab PP. Pair o TH < Irgr Ew°oR! # Found or Number 9 mir t ,ACY.NUNi,EDGF F.H.C. Fire Hose Cabinet . u PT, Point {sICNATu� .Existing_ _..... .. .. ... .FIN. __ _.. Finish _ P,T:D Paper Towel Dispenser_ MOZAM51QUE t :AoRKS FL. Floor P.T.D/K Combination Paper Towel a ✓i ACOU5 Acoustical FLASH. Flashing PTN. Partition p A� " '% .. _ FLUOR. Fluorescent P.T.R. Paper Towel Receptacle Iz - wJ ' A.D, Area Drain p p t ADJ. Adjustable -" PATE:-- 0 F.O.C. Face of Concrete P.J. Panel Joint - 1 AGGR. Aggregate F.O.F. Face of Finish - QPRavALTatss AL. Aluminum F.O.M. Face of Mullion . Q.T. Quarry Tile APPROX. Approximate F.O.S. Face of Stud R. Riser _ . ARCH. Architectural FPRF. Fireproof RAD. Radius < .' ' 'f r , f- ASB. Asbestos F.S. Full Size P,D. Roof Dram i,.�� b..✓ i'`k €....,a . FT. Foot or Feet AE31 N ET t: j r`; '"� '� �`� 'MF ''�?''•' ASPH. Asphalt. REF. Reference t< Z F i r FTG. Footing REFR. Refrigerator BD. Board FURK. Furring KGTP. Re inter MF BITUM. Bituminous FUT. Future PEINF. Reinforced BLDG. Building REQ. Required j £ `' Z ^- �` -- s ,- �.a .i 1 211, ELK. Block GA. Gauge ° I I GALV. Galvanized RESIL. Resilient ELK. Blocking RM. Room �� �( f f ? _��. v I BM. Beam G.E3. Grab Bar R.O. Rough Opemng B.O.G. Bottom of Concrete GL. Glass PWD. Redwood B.O.M. Bottom of Mullion GND. Ground GR. Grade R.W.L. Rain Water Leader - `'s - - •- , B.O.P. Bottom of Panel A&Blihstfll `B.O.R. Bottom of Reveal GYP. Gypsum 5. SouthBOT. Bottom H.B. Nose Bibb S.C. Solid Core ? [ H.C. Hollow Core 5.C.D. Seat Cover Dispenser CAB. Cabinet NDN/D. Hardwood S.CHED. Schedule C.5. Catch Basin HDWE. Hardware 5.D. Soap Dispenser CEM. Cement H.M. Hollow Metal j SECT. Section s t CER. Ceramic HORIZ. Horizontal J 5H. Shelf ;Z? C.1. Cast iron HR. Hour 5HR. Shower - 30_':� C.G. Corner Guard - i # - 1 HGT. Hei ht SHT. Sheet 'F-£ � € SIM. Similar PROD ECT DATA PROJECT TEAM S f�l EET INDEX _ CLG. Ceiling a-, I GLKG. Caulking S.N.D. Sanitary Napkin Disp. CLO. Closet INSUL. Insulation LD, Inside meter (Dim.) y p p 0; I ? S.N.R. Sanitar Na kin Rece t € I i CLR. Clear INT. Interior SPEC. Specification W' € C.0. Cased Opemng 5Q. Square p COL. Column OWNER .T i Jan. Janitor 5.5T. Stainless Steel ° �' j C.O.M. Center of Mullion JT. Joint 5.5K. Service Sink CODE INFORMATION 2930 S. FAIRVIEW ST. MR. IVAN 5FIER5 ��;$ _ I� $( Aggpa, 6�g g'°0 CONC. Concrete 5TA. Station BUILDING DEPARTMENT CITY OF NEWPORT BEACH 5ANTA.ANA, CA 92704 t 3 KIT. Kitchen �° CONN. Connection K.O. Knock Out STD. Standard ��� � ��� 9*-�� ° � � � F CONSTR. Construction' 5TL. Steel BUILDING CODE 2013 CALIFORNIA BUILDMG CODE .`➢ '�1�44 lra'C>C LOQ V1.U�d�.'fl®9�4� f QI CONT. Continuous 5TOK. Storage 2013 CALIFORNIA FIRE CODE (AND OCPC) C.O.R. Center of Reveal LAB. Laboratory STRL. Structural MECHANICAL / PLUMBING .� F LAM. Laminate 2013 CALIFORNIA MECHANICAL CODE € ' CORK. Corridor SUSP. Suspended LJ CT5K. Countersunk LAV. Lavatory SYS. Symmetrical 201 3 CALIFORNIA PLUMBING CODE £�. €. i CNTK. Counter LKR. Locker y 201 3 CALIFORNIA ELECTRICAL CODE ART I G I AN A COMMERCIAL DESIGN GROUP ®e � G �l� �I,�-, �, t�+ i TAD. Tread CTR. Center LT. Light T,B. Towel Bar STATE TITLE 24 REGULATIONS 646 WYCLIFFE NAYIB CHA15UN 'Coil £ f7 d�� 77 t T.C. Top of Curb CITY AND COUNTY LAWS AND ORDINANCES' IRVINE, CA. 92602 PH: (71 4) 396-1 2 13 P�. • I I ���I�� r'��r �� � ` I •• • f - • DBL. Double MAX. Maximum TEL. Telephone OCCUPANCY CLASSIFICATION EXISTING RESTAURANT FAX: (71 4) 352-5 104 DEPT. Department M.C. Medicme D.F. Drinking Fountain MECH. Mechanical TER. Terrazzo OCCUPANCY SEPARATION NIA T. G. Tongue and Groove TYPE OF CONSTRUCTION EXISTING BUILDING- VB DET. Detail MEMB. Membrane THK. Thick ELECTRICAL DIA. Diameter MET. Metal T.O.C. Top of Concrete MF E ENGINEER y iMgpyh ;le°y {zE(Esea tv� sd +_— DIM. Dimension MFR. Manufacturer ALLOWABLE FLOOR AREAS: N/A c6L gaFftue-ttata�j BG- rr. �i-��'Y� j ( �~ DISP. Dispenser T.O.P. Top of Panel p MH. Manhole FRONT N/A FDG CONSULTING ENGINEERS INC. BENNETTHEALY �p•2 �� zAlgtxn+rhG+ � rr �3L T.O.R. To of Reveal DN. Down MIN. Minimum T,O.RC. Top of Dee Recess SIDE N/A 17701 COWAN #230 PH: (949) 253 D.O. Door Opening MIR. Mirror p p IRVINE, CA. 92614 FAX: (949) 253-9628 f j- 1 � DR. Door MISC. Miscellaneous T.O.M. Top of Mullion SIDE N/A �Z,i UqR h DWR. Drawer T.O.W. Top of Wall BACK N/A E3..i P` 1sN� IPI.6- gal � v (cam ovf (� M.O. Masonry Opening T.P. To of Pavement DS. Downspout MTD. Mounted p �/ D.S.P. Dry Standpipe MUL. Mullion T.P.D. Toilet Paper Dispenser DWG Drawmg T.V. Television GENERAL E IRE NOTES q, V T I T.W. Top of Wali � °" 2 ! E. East N. North TYP. Typical- ® - EA. Each N.1. Not In Contract BUILDING AREA: (FOOTPRINT) EXISTING EXISTING I ,968 SF Q j E.J. Expansion Joint NO. Number UNF. Unfinished AREA OF WORK( NEW CABINETRY) 98 SF I . LOCATIONS AND CLASSIFICATIONS OF EXTINGUISHERS SHALL BE IN ACCORDANCE WITH CFC 906 �� .m a �j � U EL. Elevation NOM. Nominal U.O.N. Unless Otherwise Noted y� j � OCCUPANCY CLASSIFICATION NEW WORK N/A AND CALIFORNIA CODE OF PEGULATIONS (CCR), TITLE 19 9® ! UJ ELEC. Electrical N.T.S. Not To Scale UK. Urinal 2, BUILDING UNDERGOING CONSTRUCTION, ALTERATION, OR DEMOLITION SHALL CONFORM TO CFC ELEV. Elevator VERT. Vertical EMER, Emergency O.A. Overall VEST. Vestibule CHAPTER 14. W ENCL. Enclosure OBS, Obscure TOTAL AREA OF WORK 98 5F E.P. Electrical Panelboard O.C, On Center W. West . U I EQ. Equal 0.D. Outside Diameter (Dim.) W/ With BUILDING HEIGHT: N/AnL'' € W.C. Water Closet `.� Q I EQPT. Equipment OFF, Office WD. Wood ALLOWABLE HEIGHT N/A f� E.W.C. Electric Water Cooler OPNG. Opening PROPOSED HEIGHT N/A EX5T. Existmg OPP. Opposite W/O Without �i / /� WP Waterproof ALLOWABLE NUMBER OF STORIES N/A W EXPO, Exposed M EXP. Expansion WT. Wainscot f� ,j I ACTUAL NUMBER OF STORIES (EXISTING) I { , ? j EXT, Exterior g �I wti., SPRINKLED BUILDING YES f` I I f ACCESSIBLE DIRECTIONAL �`�"'�"'�"ELL.�"' SIGNAGE, SEE DETAIL 15/REF2 ? ® O i Dim ' !l�! ,"r XYZ xwC%tl 36FF t Y o 1sbF r `� N >u�>xiZwo° M $ INTERNATIONAL SYMBOL � W SYM BO LS ASSESSOR'S PARCEL NO,: 00000000000 J 9�f f "` z co U1 :� ACCE5501-f PARKING • , ,+ '' ''` c ' `' PER CITY STANDARDS, -� �a -• "-'e .L ' I i'�.�� _ _ .....i _ t N SEE DETAIL I I/REF2 / y PROJECT f FLSS.CSSG ` L A INTERIOR ELEVATION VIEW — /J ALIGN D X B INTERIOR ELEVATION REFERENCE ��) ACCE55I6LE PATH OF TRA EL �1 +� t 0 :::'.� j LOCATION' XX "' PER CITY STANDARA SHEET NUMBER I1� au OFFICE ROOM NAME /r' . g ®F:��uq i_ III I0I �.' ROOM NUMBER C PERCCITYSTANDARDS, ` m O P WALL MATERIAL TYPE �— TYPE NUMBER STANDARD PARKING STALLS y -•--•••- --- ---• -••---- --••- O I DOOR NUMBER PER CITY STANDARDS, t O G -•e— FLOOR MATERIAL TYPE �•. +r/ e FlRk�9� fF[j]1 `l t'1zC)P<3Sl I„'�S l +"' T A'l�tON fl i �— TYPE NUMBER € I � i SCOPE OF WORK: ACCESSIBLE RAMP �i 3 , \!t"1":AGN DRAWING O O WINDOW NUMBER \ y me&�5 a I�GWI't)72 i t1' i ( i } i V PL �— M15C. MATERIAL TYPE ��— TYPE NUMBER • �9 ,+ �... 7 ills, tt nt fi I I m THE. SCOPE Of WORK FOR THIS PROJECT CONSIST IN MINOR INTERIOR CABINETRY REMODEL; MINOR � �,X. + t, k.� �'� n•„� t7„ ,.,°' t��'� rfY'` � Le ELECTRICAL AND PLUMBING REQUIRE TO MEET NEW EQUIPMENT INSTALLATION Z...........�i [.„µ'...,� DETAIL REFERENCE XXX KEYNOTE INDICATOR 1° afxi'a� ' NO STRUCTURAL WORK IS TO BE PREFORMED UNDER THI5 PERMIT .: t F'`., ,..�. ... ...__ .' ksC , JAa � °. 5� .. i n. SHEET NUMBER £ - , '" *.Jos z SCALE __._. __. XXX FINISH INDICATOR t- Oz X DETAIL SECTION REFERENCEnwe J - .. s.�ta° i_ o XX REVISION Mme' a wl 1J�4�_.I (� Jf� derma ` SHEET NUMBER DESIGNER ; DRAWN BY ftwios Z C RB x DETAIL SECTION REFERENCE Se75f irk" E SITE ENTRANCE DELIVERY ENTRANCE DATE - PER CITY STANDARDS PER CITY STANDARDS Q Q XX SHEET NUMBER SCALE: N.T.S. 9- I -2O 14 FEC FIRE EXTINGUISHER CABINET _ „. __ ........._.,. .. .... _ ._.___........_£ 'c 0 W/ FIRE EXTINGUISHER s X EXTERIOR ELEVATION REFERENCE b FE WALL-MOUNTED FIRE R OD r. U EXTINGUISHER -. E -• � XX SHEET NUMBER A - 1 i _._ EXI5TING SITE PLAN REFERENCE ONLY ---- ` SCALE: NOT TO SCALE - -�-- { PA2014- 1 .82 Attachment No . ZA 5 - Project Plans Ar C-111 rn r 01 rn r-v i 64,6 W Y%C "2 ( A I R VI N 4"."' 9 2 6,01 ,a AN[ GENERAL NOTES L---- L J GENERAL NOTES L--- I 'F EXISTING FLOOR PLAN LJ 1 PROJECT SCOPE OF WORK CONSIST OF; REMOVING EXISTING COUNTER AND FOS STATION II AND REPLACE WITH NEW BAR COUNTER WITHIN SAME AREA. SEE CLOUDED AREA L 1 , A SHEETS ONLY REPRE5ENT5 OVERALL DIMENSION FOR NEW COUNTER INSTALLATION 2. A SHEETS ONLY REPRESENTS OVERALL DIMENSION FOR NEW COUNTER INSTALLATION If- REFER TO APPROVED KITCHEN DRAWINGS FOR DETAILS AND ELEVATIONS RffffR TO APPROVED KITCHEN DRAWINGS FOR DETAILS AND ELEVATIONS T It 2. REFER TO M RE P LAN 5 FOR N FW EQUIPMENT INSTALLATION AN 1) REQUIREMENTS SEEM I Ti 9 -J 3. NO ADDITIONAL SQUARE FOOTAGE, NO EXISTING INTERIOR OF EXTERIORS I WALLS -19 _J TO BE A PART OF CABINET REMODEL r-W1, DURING DEMOLITION II 1 3. GC TO PATCH AND REPAIR EXISTING FAINT, FLOOR AND CEILING DAMAGED AND INSTALLATION OF NEW CABINETRY 4. GC TO PATCH AMC) REPAIR EXISTING PAINT, FLOOR AND CEILING DAMAGED DURING DEMOLITION z WAND INSTALLATION Of NEW CABINETRY ITT-- it It I it 5. EXISTING PE5TROOM5 COMPLIED WITH ADA REQUIREMENTS AND, NOT A PART OF THIS Fr-- .............. I oil 11 1 1�4 REMODEL oil 11 �41 11 if I.- VLII 1 11 11 JAI -T r=ca I app =1 M IF UJI I ILJJI IB I n II I i I IF L-J IL it I L r ............. ....... A,BEER 33 OC'C LJ iq iIF] 33 I I it it 11 X j -d fl IN I _ll . . . ... ... ... . . . . . . . . . . -'F T It I[ : < IJf L---,ITL--j -4 L—_J T T T 1 1 11 H . IL,--TIITL--TJ k=,Jj LJ w J Lu u > J < I FIFT 1-17171 T TY T it Ill < M Q L z wv < ry 0 C0 I N C\1 0 co J (> 4II seam 13 III IIIi FLOOR (L j EXISTING CABINETRY TO DE REMOVED PLANNOTES N11w O z r NEW FLOOR DRAWING EXISTING FLOOR D-- ELAN PLAN REFERENCEfinal 64 If ONLY SCALE 0 vogavid I DESIGNER 1 DRAWN BY� > NSC I ............ ------------- ............................... DATE 1 7-2014 ---------- Z A 2 ............. Item No. 3a: Additional Materials Received Zoning Administrator - December 23, 2014 Mozambique Peri Peri (PA2014-182) 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. 3. Mozambique Peri Peri (PA2014-182) 1. Although the Project Summary describes this as an "Amendment to Use Permit No. UP2002-033," the Decision part of the resolution says its adoption will render the previous permit null and void. In view of that, it would have seemed helpful to provide a copy of the previous permit so the Zoning Administrator and public could verify that all still relevant previous conditions of approval have been carried forward. 2. The Statement of Fact in Section 1.1 of the resolution that "Hours of operation will remain 11:00 am. [sic] to 10:00 p.m., daily' is inconsistent with the other parts of the resolution that say the hours of operation are 10:00 a.m. to 11:00 p.m. (see for example, Fact 3.C.2 and Condition of Approval 5). The applicant, on handwritten page 24, says the hours of operation have always been 11:00 a.m. to 10:00 p.m. This discrepancy should be resolved, with the correct hours of operation given in the Condition of Approval. 3. The CEQA finding in Section 2 of the resolution is inconsistent with the finding in Item 1 on the present Zoning Administrator agenda where a change in the kind of ABC license was found to fall under Class 1 of the categorical exemptions. 4. The Facts in Support of Finding 3.A on handwritten page 8 say"The Police Department has reviewed the proposal and has no objection"while Fact in Support of Finding 3.D.3 mentions "The operational conditions of approval recommended by the Police Department," and there is a section of"Police Department Conditions" on handwritten page 16, yet I am unable to find the normal police analysis and recommendations regarding the proposal —only the "Crime Statistics" sheet (handwritten pages 29-30) — making it impossible to tell what the recommendations were, and if they were incorporated in the resolution. In particular, many of the normal alcohol-related conditions do not seem to be stated as conditions to this approval (signs, happy hour, promotions, food sales compared to alcohol sales, menu available til close, and so on) and it is unclear why were omitted. 5. With regard to Fact in Support of Finding 3.A.iv.1, I'm not sure the large number of alcohol serving establishments already existing in close proximity in the shopping center should be regarded as a plus. I believe the intent of the finding is to limit the number, not to expand it. 6. With regard to Finding 3.A.v, I believe the answer is simply "no," the granting of the permit is not intended to resolve a currently objectionable condition. 7. Fact in Support of Finding 3.C.3 on handwritten page 10, that "the change in ABC license type will not alter or intensify the existing use," seems dubious since the owner's reason for seeking the change is most likely an expectation that it will attract more customers. 8. In Condition of Approval 30, 1 believe the last word should be "licensee" rather than "license."