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HomeMy WebLinkAbout2065 - CUP Live Entertainment 4200 San Joaquin PlazaRESOLUTION NO. 2065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-017 FOR THE ADDITION OF LIVE ENTERTAINMENT AND OUTDOOR SPEAKER SYSTEM TO EXISTING EATING AND DRINKING ESTABLISHMENTS, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2017-128) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Villas at Fashion Island LLC ("Applicant'), with respect to property located at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105 (the "Property'), requesting approval of a conditional use permit. 2. The applicant proposes an amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a cafe and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. 3. The Property is located within the North Newport Center (PC -56) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal (MU -H3). 4. The Property is not located within the coastal zone. 5. On January 19, 2017, subsequent to a noticed public hearing and consideration of evidence, both written and oral, the Planning Commission approved Use Permit No. UP2016-045 permitted a cafe and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. 6. A public hearing was held on August 17, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 1 (Existing Facilities) of the Guidelines for CEQA. Planning Commission Resolution No. 2065 Pape 2 of 12 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alteration of existing buildings. The proposed uses will be located within an existing development with only minor alterations required to accommodate the new use. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision) and NBMC Section 20.48.030 (Alcohol Sales), 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(C)(3) (Alcohol Sales). Facts in Support of Finding: 1. The following criteria has been considered: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The Part One Crimes Rate in Reporting District 39 (RD 39) is higher than the Part One Crimes Rate for the City and adjacent districts due to the high concentration of commercial land uses. However, with the introduction of the new residential units the crime rate is expected to decrease. The Police Department does not object to this project as conditioned. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. i. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding North Newport Center. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a new development project. c. 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. i. The project site is located in an apartment complex and is intended to serve residents and their guests. The complex is surrounded by commercial and public institution zoning districts and uses. The apartment Planning Commission Resolution No. 2065 Paqe 3 of 12 complex is separated from the nearby residential zoning district by San Joaquin Hills Road. There are no day care centers, hospitals, park and recreation facilities, places of worship, or similar uses in the immediate vicinity. d. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. The per capita ratio of one license for every 13 residents is higher than all adjacent reporting districts and the average Citywide ratio. This is due to the commercial nature of RD -39, which includes some residential developments but contains all of North Newport Center, including Fashion Island that is development with restaurants, hotels and markets that hold ABC licenses. e. Whether or not the proposed amendment will resolve any current objectionable conditions. i. The project has been reviewed and conditioned to ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for residents and businesses is preserved. The live entertainment and service of alcohol is intended for residents of the apartment complex and their guests. Operational conditions of approval relative to live entertainment and the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the subject property is Mixed -Use Horizontal (MU -H3), which is intended to provide for a horizontal intermixing of uses that may include regional commercial office, hotel, multi -family residential, and ancillary commercial uses. The proposed live entertainment and outdoor speaker system are accessory to the approved multi -family residential development and are therefore consistent with this designation. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Planning Commission Resolution No. 2065 Pane 4 of 12 Facts in Support of Finding: 1. The project is located in the San Joaquin Plaza Sub -Area of the North Newport Center Planned Community (PC -56). The live entertainment and outdoor speaker system are accessory uses that will serve the residents and guests of the Villas Fashion Island apartment complex only. The uses are a support use for the new residential development and are therefore consistent with the purposes of the North Newport Center Planned Community San Joaquin Plaza Sub -Area. 2. The residential development was constructed with a surplus of 150 parking spaces. The live entertainment is a support use to the residential project. Support commercial uses are not included in the calculation for required parking and there is no additional parking required, 3. Eating and drinking establishments are permitted uses within the San Joaquin Sub -Area of the North Newport Center Planned Community. The sale of alcohol requires approval of a conditional use permit. The addition of live entertainment and an outdoor speaker system requires an amendment to the previously approved conditional use permit. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The live entertainment will serve residents and their guests only, and will therefore serve as a support use to the residential apartments. 2. The live entertainment and outdoor music will not operate with late hours (after 11 p.m.). 3. Live entertainment will be located primarily in the common areas of the development (e.g. lawns, pool areas) and is substantially separated from surrounding properties by the apartment buildings. 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. 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. Planning Commission Resolution No. 2065 Page 5 of 12 Facts in Support of Finding: 1. The Villas Fashion Island residential development project provides adequate parking and circulation within the parking structure on-site. Primary vehicular access is through a staffed security gate from San Joaquin Hills Road. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. 3. Improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and 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, 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. 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 sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The live entertainment and outdoor speaker system will be support uses to the multi- family residential development, Villas Fashion Island. Both will only be available to residents of the development and their guests. Access to the apartment complex requires entrance through a staffed security gate from San Joaquin Hills Road. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-017, 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. Planning Commission Resolution No, 2065 Paqe 6 of 12 3. This resolution supersedes Use Permit No. UP2016-045 as approved by the Planning Commission on January 19, 2017, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF AUGUST, 2017. AYES: Dunlap, Kleiman, Koetting, Lowrey, Weigand NOES: None ABSTAIN: None ABSENT: Kramer, Zak BY:' Pep r KoettirA, Chairma BY: Erik Weigand, Se etad ry Planning Commission Resolution No. 2065 Page 7 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Project -Specific Conditions Italicized Plannina Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations, stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Conditional Use Permit No. UP2017-017 shall expire unless exercised within 24 months from the date of approval as specified in NEMC Section 20.54.060, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Conditional Use Permit. 5. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are easily discernible from other elements of the plans. 6. The cafe shall be limited to 1,150 square feet of interior net public area and 650 square feet of outdoor patio public area. 7. The lounge shall be limited to 1,300 square feet of interior net public area and the 12,300 - square -foot outdoor pool area. 8. Alcohol shall be available to members (residents) and their guests only. Membership shall be verified at point of sale. 9. Lounge only: Off-site sale of alcohol shall not be permitted. 10. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission 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. Planning Commission Resolution No. 2065 Pace 8 of 12 11. Any change in operational characteristics or other modification to the approved plans may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 12. Live entertainment events shall be open to residents and their guests only. 13. There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. 14. Live entertainment shall be primarily located in the common areas as shown on the approved site plan and shall operate as an accessory use to the residential property. 15. Live entertainment and the outdoor sound system shall not operate after 11 p.m. 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. A copy of this approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 19. 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. 20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 21. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior I Exterior Interior I Exterior Planning Commission Resolution No. 2065 Paqe 9 of 12 Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50d BA Commercial Property N/A 65dBA N/A 60dBA 22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam -cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 23. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 24. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. 25. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 26. 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 Villas Fashion Island Conditional Use Permit Amendment including, but not limited to, Conditional Use Permit No. UP2017-017 (PA2017-128). 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. Fire Division 27. Illuminating fire appliances (other than fireplaces or fire pits approved at time of the project's plan review) will require a fire plan review. Additionally, the illuminating appliances Planning Commission Resolution No. 2065 Page 10 of 12 must be located to meet manufacturer's recommended vertical and horizontal clearances from combustible construction. If clearances are not referenced in the manufacture's specifications, then the clearances provided will need to meet the clearances indicated in the California Mechanical Code (CMC). 28. Commercial cooking equipment that produce grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. California Fire Code (CFC) Section 904.11. 29. Temporary tents, air supported, air -inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12 -month period on single premises. California Fire Code (CFC) 3103.5. 30. Tents and membranes having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official CFC 3103.2. 31. Tents must meet all requirements of CFC Chapter 31. 32. Open flame or other devices emitting flame, heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of a tent or membrane structure CFC 3104.7 33. Temporary stage canopies of 400 square feet or more require a fire permit and shall comply with CFC Section 3105. 34. Outdoor cooking with propane will require a permit from the fire department. CFC 105.6.28. 35. Cooking shall be located a minimum of 20 feet from any permanent structure. 36. Charcoal barbeque cooking shall be located a minimum of 15 feet from any permanent structure and 10 feet from a tent. 37. Charcoal barbeque or cooking is prohibited inside of any structure or tent. 38. Extension cords, used in accordance with the Fire Code, shall be properly taped to the ground to reduce tripping hazards. 39. Open flame decorative devices (candles, torches, etc.) must be permitted by the fire department and meet requirement of CFC Section 308.3.1. A permanent condition with an open flame device can be pre -approved and permitted for continued use through the Fire Department. However, a new permit and inspection of proposed device will be required prior to the use of added open flame devices. Police Department 40. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 9:00 p.m., daily. Planning Commission Resolution No. 2065 Paqe 11 of 12 41. The hours of operation in the Lounge shall be limited to T00 a.m. to 11:00 p.m., daily. 42. The hours of the alcohol service specific to the pool area shall be limited to 12:00 p.m. to 9:00 p.m., daily. 43. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic 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 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. 44. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub" as defined by the Newport Beach Municipal Code. The Newport Beach Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 (On -Sale Beer and Wine — Public Premises), ABC License Type 48 (On -Sale General — Public Premises), and ABC License Type 61 (On -Sale Beer — Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 45. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 46. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 47. 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. 48. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 49. Cafe only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 50. Cafe only: 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. 51. Cafe only: All alcohol sales are limited to beer and wine only. Planning Commission Resolution No. 2065 Paae 12 of 12 52. Lounge only: Alcoholic beverages shall be served in non -glass containers that are easily distinguishable from those that contain non-alcoholic beverages. This would include beer bottles. 53. There shall be no on-site 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. 54. Strict adherence to maximum occupancy limit is required. 55. The operator shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 56. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in all areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. 57. 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. 58. Security Staff must be on the premises during alcohol service hours and for 2 hours after alcohol service concludes. 59. Security cameras with at least a two week retention period must be installed in and around the alcohol consumption area in the Lounge. Those recordings shall be made available to police upon request in a timely manner. 60. Only members and their guests may be allowed in the lounge area. Membership must be proven at point of sale.