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HomeMy WebLinkAbout1585 - APPROVE UP AMENDMENT _325 OLD NEWPORT BLVDRESOLUTION NO. 1585 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO USE PERMIT NO. 3622 (PA2002 -172) FOR PROPERTY LOCATED AT 325 OLD NEWPORT BOULEVARD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Dennis D'Alessio, with respect to property located at 325 Old Newport Boulevard and legally described as Lot 24 of Tract 27, requesting approval of Amendment to Use Permit No. 3622 to authorize a Type 41 ABC license for on -site and off -site consumption of alcoholic beverages pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), expansion of hours of operation, and delivery of food and beverages. The site is designated Retail & Service Commercial by both the General Plan Land Use Element and Zoning Code. Section 2. A public hearing was held on January 9, 2003 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: 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 RSC 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 amended use permit pertains to the on -site and off -site consumption of alcoholic beverages in conjunction with food 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 eating and drinking establishments including the accessory sales beer and wine. 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 uses within the Old Newport Boulevard area. Alcohol service is typical and expected by the public in a full- service restaurant setting. City of Newport Beach Planning Commission Resolution No. Page 2 of 6 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 in accordance with all conditions of approval as a restaurant as opposed to a bar or nightclub, with the on -site consumption of alcohol incidental to and subordinate to food sales and that off -site consumption of alcohol is accessory to the sale of food items to persons of legal drinking age. C. The number of alcohol licenses within the report district and adjacent reporting districts is higher than the County -wide average. This is due to the nature of the land uses in the district and a large number of eating and drinking establishments. The addition of one Type 41 license will not result in a substantial 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. 3622, 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 9th DAY OF JANUARY 2003. AYES: Toerge, Aeaianian, Kiser, Tucker NOES: McDaniel, Gifford, Selich BY: Steven Kiser, Chairman BY — S Aga*iian, Secretary City of Newport Beach Planning Commission Resolution No. 1585 Page 3 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3622 1. The development shall be in substantial conformance with the floor plan approved by the Planning Commission on March 19, 1998. 2. This Amendment to a 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. 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 sale of beer and wine in conjunction with the eating and drinking establishment shall be subordinate to the sale of other food and beverages. Subordinate is defined as less than 35 %. The sale beer and wine of for off -site consumption, including off site deliveries, shall be in conjunction with the sale of food items only. Delivery of alcoholic beverages by restaurant employees is not permitted. The sale of beer and wine for off -site consumption, ineluding ^re site deliveries, shall City of Newport Beach Planning Commission Resolution No. 1585 Pale 4 of 6 not exceed 20% of the total sales of beer and wine. 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 quarterly. I 11. 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. 12. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 13. The interior area authorized for on -site alcoholic beverage consumption in conjunction with a Type 41 license shall be limited to 650 sq. ft. as delineated on the approved floor plans with a maximum of 20 seats. On -site consumption of alcoholic beverages may be allowed in the outdoor patio dining area and the total number of seats permitted in the outdoor area shall be limited to a maximum of eight. Signs as required by the Department of Alcoholic Beverage Control (ABC) shall be displayed at all times. The applicant shall provide and maintain necessary barricades around the patio as required by ABC. Substantial changes to the floor plans shall require prior approval by the Planning Commission. 14. Hours of operation shall be from 6:00 AM to 12:00 midnight daily, and the patio outside dining area shall be from 6:00 AM to 10:00 PM daily. 15. Live entertainment and dancing shall be prohibited at all times. 16. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the business or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. 17. 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. 18. 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. 19. Alcoholic beverage sale from drive -up or walk -up windows shall be prohibited. 'Condition No. 10 amended by the City Council on ]anuary28, 2003 by prohibiting alcohol deliveries City of Newport Beach Planning Commission Resolution No. 1585 Page 5 of 6 20. 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. 21. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the State Department of ABC. 22. 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. 23. 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. 24. 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. 25. 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. 26. Health Department approval is required for any changes to the kitchen and other portions of the building that require a Building Permit. 27. Handicapped assessable public restrooms are required either within the restaurant or within the building complex. The restrooms must be in compliance with the Uniform Plumbing Code and all applicable Uniform Building Code requirements. 28. Delivery vehicles shall not park within the public right -of -way of Old Newport Boulevard. 29. 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. City of Newport Beach Planning Commission Resolution No. 1585 Pace 6 of 6 30. Age of all employees serving or selling alcohol employees shall be a minimum of 21 years.2 31. Proof of age of any off -site customer shall be required for any sales of beer and wine and said customer shall be a minimum of 21 years in age. 32. The applicant shall continue to maintain an encroachment permit and agreement with the City providing for a minimum of 4 parking spaces located on the City right -of -way property contiguous to and south of the property. 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: Z Condition No. 29 amended by the City Council on 3anuary28, 2003 by prohibiting alcohol deliveries. Between the hours of 7:OOAM and I O:00PM Between the hours of 10:OOPM and 7:OOAM 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 Z Condition No. 29 amended by the City Council on 3anuary28, 2003 by prohibiting alcohol deliveries.