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HomeMy WebLinkAbout1570 - APPROVE UP_1617 WESTCLIFF DRIVERESOLUTION NO. 1570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -025 (PA2002 -117) FOR PROPERTY LOCATED AT 1617 WESTCLIFF DRIVE THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Giuseppe Vitiello with respect to property located at 1617 Westcliff Drive and legally described as Lot 7 of Tract 4225, requesting approval of Use Permit No. 2002 -025 to allow an eating and drinking establishment, to authorize the sale of alcoholic beverages for on -site consumption at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and to grant a partial parking waiver. Section 2. A public hearing was held on August 22, 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 given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The proposed location of the restaurant and associated alcoholic retail sales 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 an eating and drinking establishment 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. As conditioned and approved, including the restrictions on the hours of operations, the applicant does not propose a use that would significantly change the operational characteristics of the site and that 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 Permit, reviewed by the Planning Commission. 3. 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: City of Newport Beach Planning Commission Resolution No. 1570 Page 2 of 6 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. 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. The number of alcohol licenses within the reporting district 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. The on -site consumption of alcoholic beverages in conjunction with a restaurant is not expected to increase alcoholic related crime. e. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site, and residential uses to the north and south are at a distance from the site and are separated by parking lots and streets. 4. The parking waiver can be justified for a restaurant that operates for dinner service only in that the site is characterized by more than two uses that have parking requirements that do not occur simultaneously during the late aftemoon and evening hours, and on weekends. The restaurant and the site generally comply with the development standards for restaurants with the exception of requirements pertaining to the provision of a six -foot high masonry wall along interior property boundaries, three -foot high screening along public fights -of way, and three -foot wide landscaping along interior property boundaries, in which case those requirements are waived since the site is fully developed and it would not be feasible or practicable to install such improvements. 6. 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 -025, 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. City of Newport Beach Planning Commission Resolution No. 1570 Paee 3 of 6 PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2002. AYES: McDaniel, Kiser, Gifford, Selich and Tucker NOES: AQaianian Secretary City of Newport Beach Planning Commission Resolution No. 1570 Paee 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002 -025 1. The development shall be in substantial conformance with the approved plot plan dated July 23, and the floor plan received on August 22, 2002, as approved by the Planning Commission. 2. Use Permit No. 2002 -025 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 and a sewer lateral cleanout shall be installed on the City side of the property line. 4. The outdoor dining and bar areas shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control (ABC). 5. Hours of operation shall be from 11:00 AM to 10:00 PM daily, except as limited by other conditions. 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 and dancing shall be prohibited at all times. 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. City of Newport Beach Planning Commission Resolution No. 1570 Paee 5 of 6 10. 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. 11. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 12. The area labeled outdoor service /garden shall not be used for seating waiting, or any form of food or beverage service. 13. At the election of the applicant, either the private dining room area or the area designated for outdoor seating on the approved plans shall be closed off and not used from 11:00 AM to 3:00 PM. 14. 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. 15. 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. 16. 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. 17. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47, 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. 18. 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. 19. This 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. City of Newport Beach Planning Commission Resolution No. 1570 Paee 6 of 6 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: 22. After 9 months have passed from the first day the business is open to the general public, the Plamvng Director shall review the operations of the parking lot to ensure compatibility with the surrounding community and built environment. The Planning Director may take further restrictive action to remedy a problem situation or may determine that the removal of Condition No. 13 is warranted. Between the hours of TOOAM and 10:00PM Between the hours of 10:00PM and TOOAM 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 NIA 60dBA 22. After 9 months have passed from the first day the business is open to the general public, the Plamvng Director shall review the operations of the parking lot to ensure compatibility with the surrounding community and built environment. The Planning Director may take further restrictive action to remedy a problem situation or may determine that the removal of Condition No. 13 is warranted.