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HomeMy WebLinkAbout1676 - APPROVE UP_4248 MARTINGALE WAYRESOLUTION NO. 1676 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -004 FOR PROPERTY LOCATED AT 4248 MARTINGALE WAY (PA2005 -026) WHEREAS, an application was filed by Saagar Fine Indian Cuisine Restaurant with respect to property located at 4248 Martingale Way, and legally described as Parcel 2 of Resubdivision No. 347, requesting approval of a Use Permit to allow the operation of a restaurant and to allow the restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcohol Beverage License, and approval of Traffic Study No. 2005 -003 pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, a public hearing was held on August 18, 2005, in the City Hall Council Chambers, at 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. WHEREAS, a use permit for the proposed eating and drinking establishment has been prepared and approved in compliance with Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code for the following reasons: 1. The proposed location of the use is in accord with the objectives of the Zoning Code and the purpose of the district in which the site is located because the restaurant is within the site designated for restaurants by the PC -11 District. 2. The location of the proposed eating and drinking establishment requiring this Use Permit, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the PC District 11 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 site is designated Administrative, Professional & Financial Commercial by the General Plan Land Use Element and zoned PC District 11 (Newport Place Planned Community). Eating and drinking establishments are conditionally permitted uses within the General Plan and Zoning Code designations. City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 9 b. The existing restaurant site is located within the airport commercial area and surrounding land uses are dominated by commercial and professional offices. Restaurant uses can be expected to be found in this and similar locations and are complimentary to the commercial uses. c. The restaurant site is not located in close proximity to residential districts and there are no sensitive uses such, day care centers, schools, playgrounds or hospitals located in the close vicinity of the project site. d. The restaurant has been conditioned in such manner to meet the intent of the Zoning Code and Planned Community District Regulations, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. 3. The proposed eating and drinking establishment complies with the provisions of PC -11 and the zoning code, including any specific condition required for the establishment in the district in which it is located for the following reasons: a. The PC -11 designates the site for restaurant use, subject to the approval of a use permit. b. The project generally meets the restaurant development standards of the Zoning Code to the maximum extent possible given the existing site conditions, related to the specific requirements for site requirements, building setbacks, parking and traffic circulation, walls, landscaping, exterior illumination, underground utilities, and supply and refuse storage. WHEREAS, the alcoholic beverage service complies with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: 1. The use has been conditioned 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 convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, fine dining restaurant that is complementary to the surrounding uses within airport area. Alcohol service is typical and expected by the public in a full - service, fine dining restaurant setting. 3. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed restaurant use since no live entertainment or dancing activities are part of the project. City of Newport Beach Planning Commission Resolution No. _ Page 3 of 9 4. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and the lack of population. 5. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcoholic related crime in the opinion of the Police Department. WHEREAS, a traffic study for the project has been prepared and approved in compliance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code for the following reasons: 1. A traffic study, entitled Traffic Phasing Ordinance Analysis for a Restaurant Project in Newport Beach (Katz, Okitsu & Associates, July 26, 2005), was prepared for the project in compliance with Chapter 15.40 of the Municipal Code. 2. The proposed 7,072 square foot restaurant building is expected to generate 684 new daily trips with 7 new trips during the morning, and 53 new trips during the evening peak hour. 3. The traffic study indicated that the project will not increase traffic at seven (7) of the nine (9) primary intersections by one percent (1 %) and therefore no impact is predicted. 4. The Intersection Capacity Utilization Analysis determined that the project will not cause nor make worse an unsatisfactory level of traffic service at any of the two (2) primary intersections where there will be an increase of more than one percent (1 %) in traffic volume and, therefore, no mitigation is required. 5. Construction of the project will be completed within sixty (60) months of this approval or the approval of a new traffic study will be required. WHEREAS, the project 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. The project consists of interior modifications of an existing commercial building. City of Newport Beach Planning Commission Resolution No. Paae 4 of 9 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -004 and Traffic Study No. 2005 -003, subject to the Conditions set forth in Exhibit "A." Section 2. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2005. AYES: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn NOES: None BY: Micha$ oerge, Chairman Barry E f, - - City of Newport Beach Planning Commission Resolution No. _ Paae 5 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -004 1. The development shall be in substantial conformance with the approved site plan and floor plans dated July 12, 2005. 2. Use Permit No. 2005 -004 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. Pursuant to the Traffic Phasing Ordinance, the tentative improvements for the proposed restaurant shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2005 -003. 4. Hours of operation shall be confined to 11:00 AM to 12:00 AM, seven days a week. 5. A minimum of one parking space for each 50 square feet of "net public area" shall be provided for the subject restaurant. 6. The restaurant and associated parking spaces shall comply with the California Building Code requirements for building issues and accessibility. 7. 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 within sixty (60) days upon hiring. 8. There shall be no live entertainment and /or dancing at any time. 9. 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. 10.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. City of Newport Beach Planning Commission Resolution No. _ Paoe 6 of 9 11.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. 12.Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 13.A grease interceptor of adequate size is required in association with food preparation activities. 14. Strict adherence to maximum occupancy limits of is required. Prior to the final building permits, the location of maximum occupancy postings in the building shall be inspected and approved by the Building Department or Fire Department to ensure the location is readily visible to employees, patrons and public safety personnel. 15. 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. 16.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 sale of alcoholic beverages is prohibited for off- site consumption. 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. 17.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. 18.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. 19.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. City of Newport Beach Planning Commission Resolution No. _ Page 7 of 9 20.The approval of this Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub. 21. 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. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 22. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 23. 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. 24. 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. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 25.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 an approved Special Event Permit as issued by the City of Newport Beach. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 27.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 Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 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 22. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 23. 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. 24. 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. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 25.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 an approved Special Event Permit as issued by the City of Newport Beach. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 27.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 City of Newport Beach Planning Commission Resolution No. _ Paae 8 of 9 signs that are clearly visible to the exterior shall constitute a violation of this condition. 28.Upon completion of private improvement work, any existing public improvements surrounding the development site damaged by the private work shall be reconstructed to the satisfaction of the City Engineer. The extent of such remedial work which could include sidewalk, curb and gutter, driveway approaches, street pavement, etc. shall be made at the discretion of the Public Works Department. 29. Provisions shall be made for retaining on -site non -storm runoff on -site. Due to the site's irregular configuration and to take advantage of increased economy, the applicant may want to arrange with the neighboring property owners to install bottomless trench drains on the private side of the property lines across the width of the driveways. 30.The existing weep holes along the easterly and northerly planters shall be plugged. 31.The parking layout shall comply with City Standard STD - 805 -L. The parking layout and ADA path of travel shall be reviewed and approved by the City Traffic Engineer. 32.A kitchen suppression system shall be installed, altered, or replaced to meet UL300 standards, subject to the review and approval of the Fire Department. 33.A 5 year certification of the fire sprinkler system shall be submitted for the review and approval of the Fire Department. 34.All employees shall park on -site. 35. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36.The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Additionally, provisions shall be made to prevent debris and pollution runoff from tracking onto the public right -of -way. 37.A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. City of Newport Beach Planning Commission Resolution No. _ Page 9 of 9 38. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 39. All deliveries shall be made on -site. 40.All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency.