Loading...
HomeMy WebLinkAbout1589 - APPROVE UP 2002-048 AND 2002-049 _2901 WEST COAST HWY, STE 170 AND 180RESOLUTION NO. 1589 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NOS. 2002 -048 (PA2002 -237) AND 2002 -049 (PA2002 -238) FOR PROPERTY LOCATED AT 2901 WEST COAST HIGHWAY, SUITES 170 AND 180. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Ferdinand Fam, with respect to property located at 2901 West Coast Highway, Suites 170 and 180, and legally described as Parcel 1 of PM 84 -700 (Resubdivision No. 779), requesting approval of Use Permit Nos. 2002 -048 and 2002 -049 to allow two Full- Service, High Turnover Eating and Drinking Establishments, the sale of alcoholic beverages (Type 47 license On -Sale General- Restaurant) for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) and approval of a modification to the parking requirements. The site is designated Recreational and Marine Commercial by the General Plan Land Use Element and Recreational Marine Commercial District - Mariner's Mile Overlay (RMC - MM) by the Zoning Code. Section 2. A public hearing was held on February 20, 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 1. The City's General Plan designates the site as Recreational and Marine Commercial. The Recreational and Marine Commercial category is applied to waterfront commercial areas where the City wishes to preserve and encourage uses, which facilitate a marine commercial and visitor serving uses. Operations, within these broad categories, include visitor - serving commercial (social clubs, hotels, restaurants, etc.). Therefore, the applicant's request for restaurants is consistent with the RMC General Plan designation. The Zoning Code designates the site as Retail Marine Commercial (RMC -MM) District - Mariner's Mile Overlay. This designation preserves and encourages uses with a marine commercial and visitor serving orientation in waterfront areas. Eating and Drinking Establishments are allowed within this designation with a use permit. The Mariner's Mile Strategic Vision Design Framework encourages diverse economic development within the area along with serving visitors to the City. The proposed restaurants are consistent with the Mariner's Mile Strategic Design Framework and Zoning Designation for this site. 2. The proposed Eating and Drinking Establishment with alcohol service (Type 47 license), 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; City of Newport Beach Planning Commission Resolution No. 1589 Paqe 2 of 8 and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. here will be walk -in traffic from surrounding uses to the north and south of the project site, thereby reducing vehicular traffic and parking demand to the restaurants; b. 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 Mariner's Mile. Alcohol service is typical and expected by the public in a full - service restaurant setting; c. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase because of the proposed use; d. The number of alcohol licenses within the report 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. The percentage of alcohol- related arrests in the police- reporting district in which the project is proposed is higher than the percentage citywide. Minor on -site consumption is not expected to increase alcoholic related crime; 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; f. The Use Permit pertains to the sale of alcoholic beverages for on -site consumption to be operated in a building that is designated and zoned for commercial 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. 3. The required findings for granting a parking modification for parking standards can be made for the following reasons: a. The hours of operation of the proposed restaurant, office and retail uses are such as to allow shared use of the on -site and off -site parking lots when shared usage occurs between a mixture of uses, parking demand is typically lower than is required. The site and the proposed use will operate in a manner to afford a sharing of parking with other uses (with different hours) located on the site; b. A parking management plan using valet parking and an off -site parking lot has been prepared or approved; c. The existing number of compact car and tandem spaces has been approved by the City Traffic Engineer by virtue of being approved in a previous parking plan in 1988. City of Newport Beach Planning Commission Resolution No. 1589 Paae 3 of 8 d. The use of (compact car spaces and a valet parking service) will not under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. e. The proposed restaurants will be less intense in terms of on -site, on- street, and off -site parking needs in comparison to past restaurants at the same development site. The hours of operation of the proposed restaurant, office and retail uses are such as to allow shared use of the on -site and off -site parking lots. 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). This categorical exemption allows for the repair, maintenance and minor alternation of an existing building, such as this one. This exemption includes interior and exterior alterations. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit Nos. 2002 -048 and 2002 -049, 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 FEBRUARY 2003. f Vice Cha Secretary r 1 1 it City of Newport Beach Planning Commission Resolution No. 1589 Paae 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NOS. 2002 -048 AND 2002 -049 1. The development shall be in substantial conformance with the approved floor plans dated October 31, 2002 and parking plans dated February 6, 2003. 2. Use Permit Nos. 2002 -048 and 2002 -049 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of 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 provided in accordance with the Building Code. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size may be required in association with food preparation activities pursuant to the Building Code. The number of plumbing fixtures in the two public restrooms shall comply with the Uniform Building Code (Appendix 29A). 4. Hours of operation for "restaurant 1" (Tony Roma's) shall be 11:00 am to 10:00 pm Sunday through Thursday and 11:00 am to midnight Friday, Saturday and holidays. Hours of operation for "restaurant 2" (Bennigan's) shall be from 6:00 am to midnight Sunday through Thursday and 11:00 am to 1:00 am Friday, Saturday and holidays. The hours of operation for the outdoor dining area shall be 8:00 am to 10:00 pm for both restaurants. 5. 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 owners, 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. 6. Live entertainment and dancing shall be prohibited at all times. Should these activities be sought, an amendment to the use permit would be required. Any recorded background music shall be limited to indoor areas only. 7. The Use Permit is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. City of Newport Beach Planning Commission Resolution No. 1589 Paae 5 of 8 8. Full meal service shall be provided during all hours of operation. 9. 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. 10. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. 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, restrictions and conditions of approval of this Use Permit. 11. 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. 12. 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. The refuse storage facilities should be maintained within the interior parking structure (first floor level) and shall be screened from public view at all times and shall not be located in any required parking spaces. 13. 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. 14. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for 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 consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. 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. 15. 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. City of Newport Beach Planning Commission Resolution No. 1589 Paqe 6 of 8 16. 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. 17. 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. 18. 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. 19. The operator of the 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 specked time periods unless the ambient noise level is higher: 20. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 21. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:00PM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 20. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 21. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. City of Newport Beach Planning Commission Resolution No. 1589 Paqe 7 of 8 Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 23. Prior to issuance of a Building Permit, plans for the outdoor patio dining area for each restaurant shall be reviewed and approved by the Planning staff. A maximum number of 25 tables shall be permitted for the "restaurant 1" outdoor dining area. A maximum number of 18 tables shall be permitted for the "restaurant 2" outdoor dining area. The outdoor dining areas shall be required to drain into the adjacent landscaping and shall not drain into the storm drain system. The perimeter of the patio outdoor dining areas shall be secured by a railing; final material, height, and location of the fence shall be subject to approval by the Building /Planning staff. The material and color of any awning or umbrella situated within the outdoor patio dining areas shall be subject to review and approval by Planning staff. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a neat and clean condition at all times. 24. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 25. Prior to issuance of a Building Permit, the applicant shall prepare a final parking management plan subject to review and approval by the City Traffic Engineer. The plan shall reflect the City Traffic Engineer's comments concerning correct dimensions and the loss of particular parking spaces due to City Code. The parking management plan shall include parking roles for all tenants. The parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site. The applicant shall comply with all of the City's property maintenance laws and ordinances. The parking management plan shall be implemented at all times. 26. All parking in conjunction with this use shall be confined to the parking lots over which the applicant has rights to park. If, in the opinion of the Planning Director, the proposed use creates parking congestion at the site, or valet parking is ineffective, the applicant shall immediately resolve the congestion problem by reducing attendance until the parking congestion is eliminated and parking is properly managed on the site. 27. A minimum of one parking space /40 sq. ft. of "net public area' shall be provided for the restaurants. The total parking requirement for the site, including off -site parking, shall be 257 spaces. 28. The Valet Plan shall be approved by the City Traffic Engineer prior to occupancy and the valet parking service shall be provided at all times during the restaurants' hours of City of Newport Beach Planning Commission Resolution No. 1589 Paqe 8 of 8 operation. Valet attendants must remain on the premises until all patron vehicles have exited the parking lot. 29. The valet parking service shall be conducted in a manner which shall not block traffic on West Coast Highway and further, should access to the site be temporarily blocked due to vehicles entering the valet staging area, valets shall be required to motion vehicles past the driveway entrance so as not to block traffic within Coast Highway. The valet spaces allowed in the circular driveway are "temporary" and shall serve only for a valet staging. 30. A permanent valet attendant shall be stationed on the off -site lot during all times of operation for monitoring of both the compact car and valet spaces. Under no circumstance, shall an attendant be crossing Coast Highway to provide valet services between the two sites. 31. All spaces, both on -site and off -site, must be accurately striped on the pavement denoting whether the space is for handicap, valet, or compact car parking. Each valet space shall be labeled appropriately. 32. All restaurant employees shall park their cars in the designated spaces in the off -site lot. 33. All proposed signs shall be in conformance with the provision of Chapter 20.42 and Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.