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Home My WebLink About1596 - APPROVE UP_1221 WEST COAST HWYRESOLUTION NO. 1596 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -009 FOR PROPERTY LOCATED AT 1221 WEST COAST HIGHWAY (PA2003 -064). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by the Balboa Bay Club, with respect to property located at 1221 West Coast Highway, requesting approval of Use Permit No. 2003 -009 for a Type 47 (On -Sale General- Eating Place) alcoholic beverage license pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). The site is designated Recreational and Marine Commercial & Multi- family Residential by the General Plan Land Use Element and Planned Community- Mariner's Mile Overlay (PC -MM) by the Zoning Code. Section 2. A public hearing was held on April 17, 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: The City's General Plan designates the site as Recreational and Marine Commercial & Multi- Family Residential uses. This designation has been applied to the Balboa Bay Club and the project includes visitor serving uses, which is encouraged and supported due to the site's waterfront location. The Zoning Code designates the site as PC -MM (Planned Community - Mariner's Mile Overlay). This designation facilitates the operation of the Balboa Bay Club and promotes the visitor serving orientation of the resort. Eating and Drinking Establishments have been authorized by the City pursuant to Use Permit No. 3524, and the sale and consumption of alcoholic beverages at the resort is consistent with the entitlements granted, the General Plan and the Zoning Code. 2. The service and consumption of alcohol at the Balboa Bay Club Resort and Spa pursuant to a Type 47 Department of Alcoholic Beverage Control license, under the conditions which it will be operated and 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: The convenience of the public will be served as alcohol service is typical and expected by the public in a resort setting; b. The crime rate and alcohol- related incidents in the police reporting district and adjacent reporting districts is not likely to increase because of the proposed use; Planning Commission Resolution No. 2 of 4 c. The number of alcohol licenses within the report district is not increasing as an existing Type 57 license will be eliminated with the new Type 47 license; d. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site; e. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages upon nearby uses and the community. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Structures). 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 Nos. 2003 -009, 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 Ir DAY OF APRIL, 2003. BY: Steve Kiser, Chairman M AYES: Toeroe, Agaianian, McDaniel, Gifford, Selich ABSENT: Kiser and Tucker Planning Commission Resolution No. 3of4 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NOS. 2003 -009 1. Use Permit No. 2003 -009 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. 2. 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 license. 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 delivery of alcoholic beverages for consumption off - premises is prohibited; however, this prohibition does not apply to authorized off -site catering services. 5. The premise licensed for the sale, service or consumption of alcoholic beverages includes the entire property upon which the Balboa Bay Club Resort and Spa operates and shall not include vehicular maneuvering and parking areas. 6. 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. 7. 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. 8. 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. Planning Commission Resolution No. 4of4 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 Department on demand. 14. The operator of the 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: Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM TOOAM 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 5OdBA Commercial Property N/A 65dBA NIA 60dBA