HomeMy WebLinkAbout1566 - APPROVE UP_1300 BISON AVERESOLUTION NO. 1566
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -020 FOR PROPERTY LOCATED AT 1300 BISON AVENUE.
(PA2002 -089)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Martin Potts and Associates, on behalf of the Irvine
Company with respect to property located at 1300 Bison Avenue and legally described as Lot B of Tract
Map 2001 -140, requesting approval of Use Permit No. 2002 -0020 to allow the Planning Director to issue
up to seven (7) individual Use Permits for eating and drinking establishments within the proposed
Bluffs Shopping Center located at the corner of MacArthur Boulevard and Bison Avenue. The request
includes the potential sale alcoholic beverages limited to beer and wine.
Section 2. A public hearing was held on July 18, 2002 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 in accordance with the Municipal Code. 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:
The proposed location of the eating and drinking establishments with beer and wine sales
operated under the conditions of approval attached 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; 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 restaurant uses will be located within a shopping center designated for such
development. The Retail Service and Commercial designation of the General Plan
allows eating and drinking establishments.
b. The shopping center does not abut sensitive land uses and is separated from other uses
by roadways.
c. Provided parking (481 spaces) exceeds required parking (469 spaces).
d. The authorized uses are not bars, taverns, cocktail lounges, nightclubs or establishments
where live entertainment, recreational entertainment or dancing is provided. The City
has experienced land use conflicts, nuisance issues and police issues with these types of
uses in the past. Avoidance of these uses will minimize potential land use conflicts,
nuisances and policing issues.
2. 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 6
3. 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 beer and wine service in a restaurant
setting. There are limited alcoholic beverage outlets in the vicinity.
b. The crime rate in the police reporting district and adjacent reporting districts are
comparable (1940.93, 1,760.4 and 1,382.26) and below the Citywide average (3,770.24).
The Police Department believes it is not likely that the new alcoholic beverage outlets will
increase the crime rate significantly as regulated by this permit.
C. The potential concentration of alcohol licenses within the Census Tract will be 1.52 per
1,000 people, which is below the countywide average of 1.69 licensed per 1,000 people.
d. The percentage of alcohol- related arrests in the police - reporting district in which the
project is proposed is 0.68% of the citywide total. The Police Department believes it is not
likely that the new alcoholic beverage outlets, as regulated by this permit, will increase
alcoholic related incidents in the area.
e. The site is located within a newly developing and primarily residential area of the city.
The shopping center does not abut any sensitive land uses, and nearby residential uses
and Arroyo Park are separated from the project site by MacArthur Boulevard and Bison
Avenue. There are no day care centers, schools or churches in the vicinity of the project
site.
4. Environmental Impact Report No. 156 previously certified for the Bonita Canyon Planned
Community has been determined to adequately address the construction of the shopping center
approved on July 19, 2001 through Site Plan Review No. 2001 -001. The shopping center
project included over 32,000 square feet of eating and drinking establishments, and therefore,
EIR No. 156 adequately addresses the scope of this Use Permit. Applicable mitigation
measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan
Review No. 2001 -001.
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -020, subject to the Conditions set forth in Exhibit "A." Each Use Permit issued by
the Planning Director shall include those Conditions of Approval set forth in Exhibit "A" which are
applicable to the Use Permit being issued. Any changes to this Use Permit or the Conditions
of Approval may only be made by the Planning Commission or the City Council."
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 6
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 18th DAY OF JULY 2002.
AYES: Tucker, Aeaianian, McDaniel, Kiser
Gifford, Kranzley and Selich
NOES: None
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 6
Exhibit A
Conditions of Approval
Use Permit No. 2002 -020
1) Prior to the issuance of a building permit for an individual use permit, the applicant will be
required to prepare a security plan to the satisfaction of the Police Department.
2) Individual use permits issued by the Planning Director shall be in substantial conformance with
this Use Permit. The location of the individual use permits should generally conform to the
locations depicted in the Overall Lease Plan dated February 19, 2002.
3) Hours of operation shall be limited to between 6:00 am and midnight daily. Any increase in the
hours of operation shall be subject to the approval by the Planning Commission.
4) There shall be no live entertainment.
5) No outside loudspeakers, or paging system shall be allowed. Tenants with exclusive outdoor
dining areas may have speakers outside for background music. Music may be provided
between 7:OOAM and 10:00PM. All outdoor music shall terminate at 10:00 pm. Sound levels
shall not exceed the decibel levels as outlined in the following table:
Between the hours of Between the hours of
7:00 am and 10:00 pm 10:00 pm and 7:00 am
interior exterior interior exterior
Measured at the property line
of commercially zoned N/A 65 dBA N/A 60 dBA
property:
Measured at the property line
of residentially zoned N/A 60 dBA N/A 50 dBA
property:
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
6) The principal purpose for the use permit is to permit eating and drinking establishments with
the sale or service of food and beverage, with sale and service of beer and wine incidental to
the food use during the specified restaurant hours of operation. The approval will also allow
the use of outdoor dining areas in conjunction with the restaurant for food service. Beer and
wine service within outdoor patio areas is permitted provided the Department of Alcoholic
Beverage Control authorizes it.
7) Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent
enclosure, unless a modification to this use permit is first approved by the Planning
Commission.
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 6
8) No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either
on -site or off -site, to advertise the food establishments, unless specifically permitted.
9) All employees shall park on -site.
10) All mechanical equipment shall be screened from view of adjacent properties and adjacent
public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport
Beach Municipal Code, Community Noise Control.
11) Grease interceptors shall be installed on all fixtures in the restaurant where grease may be
introduced into the drainage systems, unless otherwise approved by the Building Department
and the Public Works Department.
12) Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
13) Trash receptacles for patrons shall be conveniently located both inside and outside of the
proposed facility, but shall not be located on or within any public property or right -of -way.
14) Storage outside of the building in the front or at the rear of the property shall be prohibited,
with the exception of the required trash container enclosure.
15) The applicant shall maintain the trash dumpsters or receptacles so as 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 (Water Quality).
16) The operators of the food service uses shall be responsible for the clean-up of all on -site and
off -site trash, garbage and litter generated by each use.
17) 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 company.
18) Dancing shall be prohibited, unless an amendment to this use permit is first approved by the
Planning Commission.
19) 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 user permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the community.
20) Individual eating and drinking establishments shall be no larger than 5,000 square feet. The
total number of eating and drinking establishments authorized through this use permit shall not
City of Newport Beach
Planning Commission Resolution No. _
Paee 6 of 6
exceed seven (7). The total square footage of all eating and drinking establishments shall not
exceed 19,694 square feet (exclusive of outdoor dining areas). Outdoor dining areas shall not
exceed the amount authorized by Site Plan Review No. 2001 -001.
21) Use Permit No. 2002 -020 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. Exercising this Use Pernut is considered the issuance of any
individual Use Pernuts by the Planning Director.
22) The applicant is required to obtain all applicable pernuts from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted version of
the Uniform Building Code including any local amendments. The construction plans must meet all
applicable State Disabilities Access requirements. Adequate access and exiting must be approved
by the Building Department, and approval from the Orange County Health Department is required
prior to permit issuance.
23) Bar counters for the service of alcoholic beverages shall be prohibited.
24) 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 condition 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.
25) Approval does not permit any individual Use Permit to operate as a bar, tavern, cocktail lounge or
night club as defined by the Municipal Code, unless the Planning Commission first approves a
Use Pernut.
JAPAs - 2002\ rA2002- 089\ur2002- 020resomum.dm