HomeMy WebLinkAbout1561 - APPROVE UP_857 NEWPORT CENTER DRIVERESOLUTION NO. 1561
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -018 (PA2002 -082) FOR PROPERTY LOCATED AT 857
NEWPORT CENTER DRIVE
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Thaifoon Restaurant #3, LLC, with respect to property
located at 857 Newport Center Drive and legally described as Parcel 6 of PM 221 -30, requesting approval
of Use Permit No. 2002 -018 to authorize the sale of alcoholic beverages for on -site consumption at a
restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO).
Section 2. A public hearing was held on June 20, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered
by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The proposed location of the alcoholic retail sales establishment needing this use permit, and
the proposed conditions under which it would be operated or maintained, is consistent with the
General Plan and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in
or adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city. The use permit pertains to the
on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a
building that is designated and zoned for this activity. The use has been conditioned in such a
manner to minimize the impacts associated with sale of alcoholic beverages. The plans, as
conditioned, meet the design and development standards for alcoholic sales. The applicant does
not propose a use that would change the operational characteristics of the site and could result
in additional parking demand.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with Municipal Code requirements. Any change in the operational characteristics, including a
change in the hours of operation, would require an amendment to the Use Pennit, reviewed by the
Planning Commission.
The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal
Code (Alcoholic Beverage Outlets Ordinance) for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full- service, sit -down restaurant that is complementary to surrounding
uses within Fashion Island.
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Planning Commission Resolution No.
Paee 2 of 5
b. The crime rate in the police reporting district and adjacent reporting districts is not likely to
increase as a result of the proposed use.
C. The number of alcohol licenses within the report districts and adjacent reporting districts is
not significantly high given the nature of the land uses in the district and when compared
with County -wide data.
d. The percentage of alcohol - related arrests in the police reporting district in which the project
is proposed is lower than the percentage citywide. Retail sales and minor on -site
consumption is not expected to increase alcoholic related crime.
e. There are no residences, day care centers, schools, or park and recreation facilities in the
vicinity of the of the project site.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor alteration of existing structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -018, subject to the Conditions set forth in Exhibit "A."
Section 5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JUNE, 2002.
AYES: McDaniel, AQaianian, Kiser, Tucker
Gifford, Kranzley and Selich
NOES: None
BY: 'D%
Larry Tucker, Chairman
BY.
Earl McDaniel, Secretary
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002 -018
1. The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated March 1, 2002.
2. Use Permit No. 2002 -018 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted version of
the California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the Orange County Health Department is required prior
to permit issuance. A grease interceptor of adequate size is required in association with food
preparation activities.
4. The outdoor dining and bar areas shall have adequate barriers as required by the California State
Department of Alcoholic Beverage Control.
5. Hours of operation shall be from 11:00 AM to 12:00 midnight, Monday through Saturday; and
from 11:00 AM to 11:00 PM on Sundays.
6. 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.
7. Live entertainment shall be restricted to small combos not to exceed a quartet in size and there
shall be no dancing. Any sound or amplification equipment used in conjunction with live
entertainment shall be in a manner that sounds cannot be heard on the exterior of the building.
Exterior speakers for the use of live entertainment shall be prohibited at all times. Upon
evidence that noise generated by the project exceeds the noise standards established by Chapter
20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require
that the applicant or successor retain a qualified engineer specializing in noise /acoustics to
monitor the sound generated by the restaurant facility to develop a set of corrective measures
necessary in order to insure compliance.
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Planning Commission Resolution No.
Paee 4 of 5
8. That any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require amendment to
this Use Permit or the processing of a new Use Permit.
9. Should this business 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.
10. The Planning Commission may add to or modify conditions of approval to this Use Permit or
recommend to the City Council the revocation of this Use Permit upon a determination that the
operation which is the subject of this Use Permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
11. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide
public eating place" as defined by the California Department of Alcoholic Beverage Control.
12. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
13. A special events permit is required for any event or promotional activity outside the normal
operational characteristics of this restaurant business 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.
14. The exterior of the restaurant and alcoholic beverage outlet 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.
15. The alcoholic beverage outlet 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 directly
related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or
correct nuisances, the Planning Commission may review, modify or revoke this use permit in
accordance with Chapter 20.96 of the Zoning Code.
16. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage
Control shall be full alcohol service for on -site consumption only and only in conjunction with
the service of food as the principal use of the facility. The sale for off -site consumption of
alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject
to the approval of an amendment to this application and may require the approval of the
Planning Commission.
17. The applicant shall comply with all federal, state, and local laws. Material violation of any of
those laws in connection with the use will be cause for revocation of this permit.
18. This use permit may be modified or revoked by the City Council or Planning Commission
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Planning Commission Resolution No.
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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.
19. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set
forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as
incidental and accessory to the primary use of the facility as a restaurant.
20. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his
employees or representatives share in any profits, or pay any percentage or commission to a
promoter or any other person based upon money collected as a door charge, cover charge or
any other form of admission charge, including minimum drink orders or sale of drinks is
prohibited.
21. The operator of the restaurant facility shall be responsible for the control of noise generated by the
subject facility. 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 periods unless the ambient noise level is higher:
Between the hours of
7:OOAM and 10:00PM
Between the hours of
7:OOAM and 10:00PM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA