Loading...
HomeMy WebLinkAbout2038 - SUITE 100 - USE PERMIT FOR RESTAURANT WITH LATE HOURS (10AM-12AM) AND ALCOHOL (TYPE 47) - 2001 Wescliff Dr RESOLUTION NO. 2038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2016-038 FOR THE ESTABLISHMENT OF A RESTAURANT WITH LATE HOURS AND A TYPE 47 ALCOHOLIC BEVERAGE LICENSE, LOCATED AT 2001 WESTCLIFF DRIVE (PA2016-142) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RJB3 Restaurant Group, LLC, with respect to property located at 2001 Westcliff Drive, and legally described as Parcel 1 of Lot Merger No. LM 2013-005, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to establish a restaurant, Olea, with late hours, a Type 47 (On Sale General — Eating Place) Alcoholic Beverage Control (ABC) license, and a 489-square-foot outdoor dining patio. Proposed hours of operation are 10:00 a.m. to 12:00 a.m. daily. There will be no live entertainment or dancing. Pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25, the operation as described requires the owner/operator to obtain an operator license with the approval of a conditional use permit because of the service of service of alcohol in combination with late hours (after 11:00 p.m.). 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 17, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 1 (Existing Facilities) of the Guidelines for CEQA. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior Planning Commission Resolution No. 2038 Page 2 of 11 improvements to establish a food service eating and drinking establishment in a tenant space approved under a separate entitlement. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision) and Section 20.48.030 (Alcohol Sales), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (Alcohol Sales). Facts in Support of Finding: 1. The following criteria has been considered: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. i. The Part One Crimes Rate in Reporting District 28 is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in this district is 158 percent above the Citywide reporting district average. However, the proposed project is not located in an area that has a high concentration of alcohol licenses, and staff feels that it is appropriate to allow the establishment to operate with alcohol and late hours. The Police Department does not object to this project as conditioned and the business would be required to obtain an Operator License. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. i. RD 28 has a higher number of total arrests and calls for service compared to all adjacent reporting districts, However, the number of alcohol-related arrests is lower than two of the adjacent reporting district, and represent only 14 percent of total arrests. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. i. The project site is located in a commercial zoning district and is adjacent to a residential zoning district, The Coronado Apartments, located to the southwest. It is otherwise surrounded by commercial zoning districts. The restaurant is separated from the residential zoning district by a parking structure. The proposed use is surrounded by other commercial Planning Commission Resolution No. 2038 Page 3 of 11 uses. There are no day care centers, hospitals, park and recreation facilities, places of worship, or similar uses in the immediate vicinity. d. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. i. The per capita ratio of one license for every 529 residents is lower than all adjacent reporting districts (with the exception of RD 29 with 0 active licenses) and the average Citywide ratio. There is no oversaturation of alcohol licenses in this reporting district. e. Whether or not the proposed amendment will resolve any current objectionable conditions. i. There are no current objectionable conditions caused by the sale of alcohol. The proposed business is a new restaurant, and the one call for service to the address in 2015 was not for crimes due to the business practice of the applicant or over service of alcohol. Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the subject property is General Commercial (CG), which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed eating and drinking establishment is consistent with this designation. 2. The proposal does not include a request to increase floor area beyond what was approved under a previous entitlement, Site Development Review No. SD2013-003. 3. The subject property is not a part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The site is located in the Commercial General (CG) Zoning District, which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Food service eating and drinking establishments with alcohol and late hours are permitted in this zone with approval of a conditional use permit. Planning Commission Resolution No. 2038 Page 4 of 11 2. The subject property was developed with surplus parking beyond what was required with the original entitlement and provides sufficient parking for the restaurant and outdoor patio. 3. The operator will be required to obtain an operator license consistent with NBMC Section 5.25. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages, including an operator license, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the food service eating and drinking establishment does not become a bar or tavern. The establishment is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 2. The conditions of approval reflected in Exhibit "A" of this resolution ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Although the subject property is adjacent to multiple-unit residential properties, the tenant space and outdoor patio is separated from the residential uses by a parking structure. The applicant is also required to control trash and litter around the subject property. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The tenant space is located within a new commercial building approved by site development review in 2014. The design, size, location, and location were approved by Site Development Review No. SD2013-003. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Planning Commission Resolution No. 2038 Page 5 of 11 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service eating and drinking establishment will provide a service to the neighborhood by providing dining services as a public convenience to the nearby multiple-unit residential uses as well as the visitors to the area, which is an intent of the Commercial General Zoning Designation. The service of alcohol will complement the principal use of the establishment and provide an economic opportunity for the property owner and business owner to maintain a successful business in a way that best serves the community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-038, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 17" DAY OF NOVEMBER, 2016. AYES: Dunlap, Hillgren, Lawler, Koetting, Kramer and Weigand NOES: None ABSTAIN: None ABSENT: Zak Planning Commission Resolution No. 2038 Pa e6of11 BY: ory Kr er hairma BY: Pe r Zak, ecretary Planning Commission Resolution No. 2038 Page 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Conditional Use Permit No. UP2016-038 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. The Conditional 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 operator shall be required to obtain an operator license consistent with NBMC Section 5.25. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. Should the property 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. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for Planning Commission Resolution No. 2038 Page 8 of 11 building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are easily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The hours of operation for the eating and drinking establishment shall be limited to the hours between 10:00 a.m. and 12:00 a.m. daily. The hours of operation for the outdoor dining patio area shall be limited to the hours between 10:00 a.m. and 11:00 p.m. Sunday through Wednesday and 10:00 a.m. and 12:00 a.m. Thursday through Saturday. All customers shall vacate the establishment no later than 30 minutes following this closing time. 14. 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 which are clearly visible to the exterior shall constitute a violation of this condition. 15. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 16. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 17. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. 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 period unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Planning Commission Resolution No. 2038 Page 9 of 11 Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA71 18. That no loudspeakers or paging system shall be permitted in conjunction with the facility. 19. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to between the hours of 7:00 a.m, and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or holidays. 20. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam-cleaning of the dumpsters, if deemed necessary by the Planning Division. 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). 21. 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. Graffiti shall be removed within 48 hours of written notice from the City. 22. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m, on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. 23. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 24. The 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. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Olea Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2016-038 (PA2016-142). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the Planning Commission Resolution No, 2038 Page 10 of 11 parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 26. 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. 27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 28. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 29. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 30. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 31. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 32. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 33. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 34. There shall be no exterior advertising or signs of any kind of type, 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. 35. Strict adherence to maximum occupancy limit is required. Planning Commission Resolution No. 2038 Page 11 of 11 36. The operator of the restaurant shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 37. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 38. The outdoor dining patio shall be separated from the commercial corridor with a solid decorative barrier (subject to ADA compliance) at least 26 inches high placed around the perimeter of the consumption area. 39. The applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No alcoholic Beverages Beyond This Point' at all premise exits. 40. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. Building Division 41. California Fire Code (CFC) 609.2, a type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. 42. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I hood, in accordance with California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended. CFC Section 904.11 43. Fire extinguishers with a Class K rating shall be provided for hazards where there is a potential for fires involving combustible cooking media (vegetable or animal oils and fats). Maximum travel distance shall not exceed 30 feet from the hazard to the extinguishers. CFC Section 906.4 44. Gates at outdoor dining shall comply with Section 11 B-206.5 CBC. 45. Exterior Glu-lam beams must illustrate compliance with Section 2304.11.3 CBC. 46. Plans must illustrate all fire rated construction requirements for occupancy separation per Section 508 CBC. 47. Complete plumbing, mechanical, and electrical plans are required at plan check submittal. 48. Type I hood and grease interceptors are required.