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HomeMy WebLinkAbout1601 - APPROVE UP_2201 W BALBOA BLVD.RESOLUTION NO. 1601 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -006 FOR PROPERTY LOCATED AT 2201 WEST BALBOA BOULEVARD (PA2003 -045). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by El Tarasco, with respect to property located at 2201 West Balboa Boulevard, requesting approval of Use Permit No. 2003 -006 to allow a Full Service, High Turnover Eating and Drinking Establishment, a conversion of use from a Base FAR use to a Reduced FAR use, the sale of alcoholic beverages (Type 41 - On -Sale Beer and Wine- Eating Place) pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and approval of a waiver of the required off - street parking requirements. The site is designated Retail & Service Commercial by the General Plan Land Use Element and designated Specific Plan No. 6 (Retail and Service Commercial) by the Zoning Code. Section 2. A public hearing was held on May 22, 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 Retail & Service Commercial. The Zoning Code designates the site as Specific Plan No. 6, Retail and Service Commercial, which allows the site to be used for commercial uses. Eating and Drinking Establishments are permitted uses within the General Plan and the Zoning Code designations. 2. The location for the proposed Eating and Drinking Establishment requiring 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 Specific Plan #6 (Retail and Service Commercial) Zoning 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 for the following reasons: a. The location of the restaurant is in a commercial area referred to as McFadden Square. Surrounding land uses are dominated by retail commercial, professional office and visitor serving uses. Restaurant uses are expected to be found in this and similar locations and are complimentary to the surrounding visitor serving and commercial uses. The existing establishment operated under Specialty Food Service Permit No. 7 has not proved detrimental to the area. Planning Commission Resolution No. Page 2 of 6 b. The project site is not located in close proximity to, day care centers, schools, facilities or places of religious assembly. c. The project design and operational characteristics including the modification and waiver of the Restaurant Development Standards, as conditioned, meets the intent of the Zoning Code. 3. The required findings for the Conversion of Use from a Base FAR use to a Reduced FAR use can be made for the following reasons: a. Peak hour traffic trip generation rates for restaurants are based of floor area, not on the number of seats or occupancy therefore the trip generation rate does exceed that of the existing use. b. Traffic generated by this use is consistent with normal traffic projections for restaurants of this type. c. The subject property qualifies for the conversion of use because the existing building was constructed prior to 1988 and in accordance with regulations in -effect at the time of construction. d. The proposed project is limited to the operational characteristics, gross floor area and net public area approved by this use permit. An amended use permit would be required to change any major operational characteristics or increase in gross floor or net public area. Additionally, any change in use by other building tenants would require a use permit if the change creates an intensification of the use or if the new use is not permitted by right. e. There are no physical improvements or additions associated with this application that readily lend itself to conversion to a higher traffic generating use. f. The subject property is located in the McFadden Square commercial area which is dominated by retail, restaurant and other visitor and resident serving establishments. The proposed restaurant is consistent with the surrounding uses. 4. The on -site alcoholic beverage service requiring this requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, 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 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. Alcoholic beverage service is typical and expected by the public in full - service restaurants; b. The number of alcohol licenses within the reporting district and adjacent reporting districts is not significantly high given the visitor serving nature of the land uses in the district. Planning Commission Resolution No. 3 of 6 c. The project site is not located in close proximity to day care centers, schools or places of religious assembly. d. 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 on -site sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. e. Although the number of crimes in the area is higher than average, this new beer and wine license will not likely increase crime as the alcohol sales are in conjunction with a full service restaurant without a bar. 5. The required findings for granting a waiver of a portion of the required off - street parking can be made for the following reasons: a. The site is located in close proximity to useable public parking lots and there are on- street metered parking spaces in the vicinity. b. Substantial walk -in trade is expected during the permitted hours of operation due the sites' location near the beach, pier and other visitor serving facilities and businesses. 6. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -006, 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 22nd DAY OF MAY 2003 AYES: McDaniel, Kiser, Gifford, Selich and Tucker ABSENT: Toerge BY:�� Steve Kiser, Chairman BY: aaiac�Secr,4 a 4 7tn"�Ple acs 0 5¢�rd- Planning Commission Resolution No. 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -006 Use Permit No. 2003 -006 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. Should this alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee or business operator. Future licensees, operators or assignees shall submit, within 30 days of transfer of the 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. 3. 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. 4. 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. 5. The project shall be in substantial conformance with the approved plot plan, floor plan and elevations. The total seating shall not exceed 40. 6. Within 30 days of this approval the applicant shall remove the existing benches located with the public right -of -way or apply for an encroachment permit through the Public Works Department. 7. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 8. The hours of operation -shalt be lanited to 7;OOAM to 2:30AM Iaily. Alcoholic bdVerage service is not permitted to occur after 2:OOAM; These operaUng`hours will be reviewed 6 months fn?m:the4 approval date to determine'It.they are detrimental to the surrounding neighborhood. 9. The delivery of alcoholic beverages for consumption off - premises is prohibited 10. There shall be no live entertainment and /or dancing at any time. 11. 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 Planning Commission Resolution No. Paae 5 of 6 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. 12. 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. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine 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 change in the alcoholic beverage license type shall be subject to the approval of an amendment to this Use Permit and may require the approval of the Planning Commission. 14. 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. 15. No "happy hour' type reduces price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 16. Full meal service shall be provided during all hours of operation. 17. Sales and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. 18. There shall be no exterior advertising or signs of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 19. 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 sale of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 20. 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. Planning Commission Resolution No. Pacie 6 of 6 21. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining a Special Event Permit issued by the City. 22. The applicant and or operator shall not share 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. 23. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. 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: 24. Storage outside of the building is prohibited. 25. The trash facilities located on the adjacent property at 115 22nd Street shall be made available for the use authorized by this use permit unless other appropriate trash storage and disposal facilities are provided. 26. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 27. The exterior of the eating and drinking establishment/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. Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 24. Storage outside of the building is prohibited. 25. The trash facilities located on the adjacent property at 115 22nd Street shall be made available for the use authorized by this use permit unless other appropriate trash storage and disposal facilities are provided. 26. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 27. The exterior of the eating and drinking establishment/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.