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HomeMy WebLinkAbout1579 - APPROVE UP AMENDMENT_3400 VIA LIDORESOLUTION NO. 1579 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO USE PERMIT NO. 2001 -005 (PA2002 -167) FOR PROPERTY LOCATED AT 3400 VIA LIDO THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Dennis and Christine Overstreet with respect to property located at 3400 Via Lido and legally described as Lot 2 of Tract 1235, requesting approval of Amendment to Use Permit No. 2001 -005 pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) to authorize a Type 47 ABC license for on -site consumption of general alcoholic beverages, live entertainment, and expansion of hours of operation. Section 2. A public hearing was held on November 7, 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: I. The proposed location of the alcoholic 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 structure that the proposed use will occupy is legal, nonconforming with respect to the maximum floor area ratio, however, the proposed changes in the use do not increase the gross floor area of the building. The amended use permit pertains to the on -site consumption of alcoholic beverages in conjunction with retail alcoholic beverage sales 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 the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 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: 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 City of Newport Beach Planning Commission Resolution No. 1579 Paee 2 of 6 uses within the Lido Village area. Alcohol service is typical and expected by the public in a full- service restaurant setting. 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 provided that the use is operated as an eating and drinking establishment, with the on -site consumption of alcohol incidental to the restaurant use. C. The number of alcohol licenses within the report districts and adjacent reporting districts is high given the nature of the land uses in the district and when compared with County -wide data, but the change in the license classification of a Type 42 to a Type 47 will not result in an increase in licenses within the report district. d. The percentage of alcohol- related arrests in the police reporting district in which the project is proposed is higher than the percentage citywide. However, on -site consumption is not expected to increase alcoholic related crime in that the use is incidental to the use of the site as an eating and drinking establishment. e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity 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 Amendment to Use Permit No. 2001 -005, 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 7th DAY OF NOVEMBER 2002. IM Chairman Secretary AYES: Agajanian, Gifford, Kiser NOES: McDaniel, Selich, Toerve and Tucker City of Newport Beach Planning Commission Resolution No. 1579 Page 3 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001 -005 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated January 22, 2001. 2. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 3. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. 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. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations and conditions of approval of this Use Permit. 5. 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. 6. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 7. Trash generated by the business shall be screened from view from adjoining properties except when placed for pick -up by refuse collection agencies. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 8. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation. 9. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 10. The alcoholic beverage outlet is defined as a retail establishment for the sale of general alcoholic beverages for off -site consumption as the primary and principal use of the project site. On -site consumption of alcoholic beverages shall be accessory and subordinate to the principal retail use and alcoholic beverages sales for on -site consumption shall not exceed 20 percent of gross sales for the business. The applicant or operator shall maintain adequate records to determine City of Newport Beach Planning Commission Resolution No. 1579 Paee 4 of 6 compliance with this condition and shall provide the City said records when requested. The time period for the purposes of conducting this review shall be in accordance with Alcoholic Beverage Control Board standards. 11. The sale of distilled spirits for off -site consumption shall not exceed 15 percent of gross receipts of all off -site alcohol sales. The sale of distilled spirits for on -site consumption shall not exceed 10% of the total sales for on -site consumption of all alcoholic beverages. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the City said records when requested. The time period for the purposes of conducting this review shall be 6 months. 12. Gross receipts shall be reviewed by the City for purposes of compliance with the requirements of the Zoning Code and Use Permit if the use is believed to be operating in non - compliance. If the sales percentages review finds that the applicant is not in compliance, this application shall be brought forward to the Planning Commission for review. 13. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 14. The interior area authorized for on -site alcoholic beverage consumption in conjunction with a Type 47 license shall be limited to 1,263 sq. ft. as delineated on the approved floor plans as "Unit A2" with a maximum of 29 seats. The interior area authorized for the retail sales for general alcoholic beverages for off -site consumption shall be limited to 1,328 sq. ft. as delineated on the approved floor plans as "Unit Al" with a maximum of 3 seats. On -site consumption of alcoholic beverages shall be prohibited in Unit A I. Substantial changes to the floor plans shall require prior approval by the Planning Cotnrnission. Any increase in area of either Unit Al or Unit A2 shall be deemed substantial for the purposes of requiring review by the Planning Commission. 15. Hours of operation shall be from 10:00 AM to 11:00 PM, daily for the retail portion of the project, and 1:00 PM to 12:00 midnight Fridays and Saturdays and 1:00 p.m. to 11:00 p.m. Sunday through Thursday for the eating and drinking portion of the project. Organized educational seminars shall not be conducted more than 3 days per week. 16. Live entertainment may occur subject to the approval of a Live Entertainment Permit and dancing is prohibited. Live entertainment shall not occur more than 3 days per week. Music shall be limited to indoor areas only and all windows and doors shall remain closed during performances except for incidental ingress and egress of patrons. Management of the business shall make every effort to keep the doors closed during performances. 17. The sale of beer, whether for on -site or off -site consumption, shall be prohibited. 18. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. City of Newport Beach Planning Commission Resolution No. 1579 Page 5 of 6 19. The exterior of the 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. 20. 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. 21. Alcoholic beverage sale from drive -up or walk -up windows shall be prohibited. 22. Any event or activity staged by an outside promoter or entity, where the business 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. 23. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the State Department of ABC. 24. 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/] icensing 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. 25. 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. Adequate access and exiting must be provided in accordance with the Building Code. 26. The facility and related off - street parking shall conform to the requirements of the Uniform Building Code. The project shall comply with State Disabled Access requirements. 27. Where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 28. Health Department approval is required for any changes to the kitchen and other portions of the building that require a Building Permit. City of Newport Beach Planning Commission Resolution No. 1579 Page 6 of 6 29. A handicapped assessable public restrooms are required. The restrooms must be in compliance with the Uniform Plumbing Code and all applicable Uniform Building Code requirements. 30. The owner /operator of the use shall enter into an agreement to provide and maintain a minimum of 21 parking spaces within the Lido Marina Village parking garage to be accessible at all times during the operation of the use. 31. The applicant or operator of the facility may provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the City Traffic Engineer prior to the commencement of the valet service use. 32. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto. 33. 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: 34. 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. 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 34. 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.