HomeMy WebLinkAbout1614 - APPROVE UP_3601 JAMBOREE ROAD STE 15BRESOLUTION NO. 1614
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -024 FOR PROPERTY LOCATED AT 3601 JAMBOREE
ROAD, SUITE 15B (PA2003 -163)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by the Yuki Sushi Corporation, with respect to
property located at 3601 Jamboree Road, Suite 15B and legally described as Lot 2 Tract 7694,
requesting approval of Use Permit No. 2003 -024 to authorize a full service, small scale eating
and drinking establishment with the sale of beer and wine for on -site consumption pursuant to
the Alcoholic Beverage Outlet Ordinance (ABO). The three acre site is located in the Newport
Place Planned Community District and is designated for retail commercial uses.
Section 2. A public hearing was held on September 18, 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. The application, plans, staff report and other
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 eating and drinking establishment with accessory beer
and wine sales for on -site consumption and the proposed conditions under which it
would be operated or maintained, is consistent with the General Plan and the purpose
of the 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 an existing shopping center within a
commercial area. Surrounding land uses are dominated by retail commercial
and professional office uses and no sensitive land uses are located within the
shopping center or nearby properties. Restaurant uses of this type with
alcoholic beverage sales are complimentary to the surrounding commercial
uses and are typically found in this and similar locations.
b. The applicant does not propose a use that would change the operational
characteristics of the site that would result in an additional parking requirement.
C. 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.
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 7
2. 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 as
an accessory use in conjunction with a bona fide eating and drinking
establishment with a full menu that is complimentary to surrounding uses. Beer
and wine service is typical and expected by the public in this type of restaurant
setting.
b. Although there is a higher than average crime rate, the crime rate in the police
reporting district and adjacent reporting districts is not likely to increase as a result
of the proposed use.
G. 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 reporting
district.
d. On -site alcoholic beverage consumption at this location and in conjunction with a
bona fide eating and drinking establishment is not expected to increase alcohol
related crimes.
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.
3. This Use Permit nullifies Specialty Food Service Permit No. 42 and re- establishes the
use as a full service, small scale eating and drinking establishment.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
the California Environmental Quality Act under Class 1 (Existing Facilities).
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -024, 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 i s called for review b y t he C ity C ouncil i n a ccordance w ith t he provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
City of Newport Beach
Planning Commission Resolution No.
Pape 3 of 7
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF SEPTEMBER 2003.
AYES: Eaton, Cole, Toerge, McDaniel,
Selich. Kiser and Tucker
NOES: None
BY:
Earl McDaniel, Chairman
BY:
Michael erge, Sbcretary
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003 -024
1. The development shall be in substantial conformance with the approved plot plan and
floor plan dated September 3, 2003.
2. Use Permit No. 2003 -024 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. 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 owner or the leasing agent.
4. That any change in operational characteristics, hours of operation, expansion in area,
operational characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. 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.
7. The maximum seating and /or stand -up counter space for no more than 20 customers
shall be maintained inside and /or outside the subject specialty food use. Any further
increase in the number of seating and /or stand -up counter space for customers shall
be subject to the approval of an amended use permit.
8. Trash receptacles for patrons shall be conveniently located both inside and outside of
restaurant.
9. Trash generated by the business shall be screened from view from adjoining properties
except when placed for pick -up by refuse collection agencies.
10. All signs shall conform to the provisions of Chapter 20 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.
City of Newport Beach
Planning Commission Resolution No.
Paqe 5 of 7
11. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction
of the Building Department.
12. 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.
13. The outdoor dining area shall have adequate barriers as required by the California
State Department of Alcoholic Beverage Control.
14. Hours of operation shall be from 6:00 AM to 11:00 p.m. daily, except for the outdoor
dining area, which shall not be used past 10:00 PM.
15. 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.
16. Live entertainment shall be prohibited at all times and any recorded background music
shall be limited to indoor areas only,
17. No dancing is permitted on the premises.
18. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the Municipal Code.
19. No alcoholic beverages shall be consumed on any property adjacent to the licensed
permission under the control of the license.
20. Sales, delivery and consumption of alcoholic beverages shall be restricted to within the
confines of the tenant space and sales or delivery of alcoholic beverages through any
pass -out window is prohibited.
21. No "happy hour" type of reduced price alcoholic beverages promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
22. 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. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
City of Newport Beach
Planning Commission Resolution No.
Paae 6 of 7
23. Petitioner shall not share any profits, or pay any percentage or commission to a
promoter or any other person, based upon moneys collected as a door charge, cover
charge, or ant other form of admission charge, including minimum drink orders or the
sale of drinks.
24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all time maintain records which
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business
25. 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.
26. Full menu food service shall be available at all times that the restaurant establishment is
open for business.
27. The exterior of the restaurant and alcoholic beverage outlet shall be maintained free of
litter and g raffiti at a II times. The owner or operator s hall provide for daily removal of
trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20
feet of the premises.
28. 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.
29. 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 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.
30. 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.
31. 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.
City of Newport Beach
Planning Commission Resolution No.
Paae 7 of 7
32. Any e vent o r a ctivity staged b y a n o utside promoter o r e ntity, w here t he 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.
33. No outside paging system shall be utilized in conjunction with this outdoor dining
establishment.
34. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility including recorded background music. 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:
Between the hours of
Between the hours of
TOOAM and
10:001PM 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
6OdBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
6OdBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
6OdBA