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HomeMy WebLinkAbout1600 - APPROVE UP_4647 MACARTHUR BLVDRESOLUTION NO. 1600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -040 FOR PROPERTY LOCATED AT 4647 MACARTHUR BOULEVARD. (PA2002 -193) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mosun of Newport Beach, with respect to property located at 4647 MacArthur Boulevard, and legally described as Lot 13 Tract 5169, requesting approval of Use Permit No. 2002 -040 to allow two Full - Service, Low Turnover Eating and Drinking Establishments, a Nightclub and Mufti- Purpose Venue, the sale of alcoholic beverages for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) and approval of a modification to the required off - street parking requirements. The site is designated Administrative, Professional and Financial by the General Plan Land Use Element and Administrative, Professional and Financial (APF) by the Zoning Code. Section 2. A public hearing was held on May 8, 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 location for the proposed Eating and Drinking Establishments and Nightclub requiring this requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Administrative, Professional and Financial (APF) 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 restaurants and nightclub is in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor serving uses. Restaurant and nightclub uses can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. b. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. c. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. City of Newport Beach Planning Commission Resolution No. 1600 Page 2 of 9 2. The on -site alcoholic beverage service requiring this requiring this Use Permit, and the proposed conditions under which it would be operated or 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: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, sit -down restaurants and a nightclub, which are complementary to surrounding uses in the airport area. Alcoholic beverage service is typical and expected by the public in full - service restaurant and nightclub settings; b. 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 district and when compared with County -wide data. The percentage of alcohol - related arrests in the police- reporting district in which the project is proposed is lower than the percentage citywide. c. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. d. The sale of alcoholic beverages for on -site consumption to be operated in a building that is designated and zoned for commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with the on -site sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 3. The required findings for granting a waiver of a portion of the required off - street parking can be made for the following reasons: a. The hours of operation of the proposed restaurants, and nightclub uses are such as to allow shared use of the on -site and off -site parking lots. When shared usage occurs between a mixture of uses, parking demand is typically lower than is required. The site and the proposed use will operate in a manner to afford a sharing of parking with other uses (with different hours) located on the site; b. Some walk -in trade is expected during midday when parking demand for the two restaurants will compete with the other tenants in the shopping center. c. The proposed use will not compete with other tenants for available parking when both restaurants and the nightclub are open for business. d. A parking management plan is required to be prepared and approved by the City Traffic Engineer and Planning Department prior to the issuance of building permits. The applicant is required to implement the recommendations included in the plan and those required by the Traffic Engineer and Planning Department. City of Newport Beach Planning Commission Resolution No. 1600 Page3of9 4. The required findings for granting a waiver of a portion of the required off - street parking for the use of the multi - purpose venue outside the normal operating hours of 9:00 pm thru 2:00 am cannot be made for the following reasons: Parking availability is anticipated to be insufficient when the restaurants and other businesses on -site are operating simultaneously, especially during the morning, afternoon and early evening hours. b. The use of this facility causes the site to be deficient of the required off - street parking at all hours, seven days a week. c. Patrons attending events at the multi - purpose venue will typically be there only for that event and will not contribute to walk -in trade. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This categorical exemption allows for the repair, maintenance and minor alternation of an existing building. This exemption includes interior and exterior alterations. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002 -040 subject to the Conditions of Approval 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 8t' DAY OF MAY 2003. AYES: Toeme, Agaianian, McDaniel, Kiser, Gifford, Selich and Tucker NOES: None BY: Steven Kiser, hairman BY: L Patricia L. Temple, Ex Officio Secretary City of Newport Beach Planning Commission Resolution No. 1600 Paae 4 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002 -040 1. The development shall be in substantial conformance with the site plan and elevations dated September 20, 2002 and the floor plan dated April 18, 2003 (revised). 2. Use Permit Nos. 2002 -040 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. 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. 4. 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 Califomia Building Code. 5. Any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. 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 Use Permit. 7. 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. 8. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. 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: City of Newport Beach Planning Commission Resolution No. 1600 Paqe 5 of 9 10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted on the approved set of plans, shall be 7:00 am to 1:00 am daily. 13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily. 14. Hours of operation for the nightclub area occupied by Club M /Muni- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission 15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 16. Dancing is permitted in the nightclub (Club M) portion of the facility only. 17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 18. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- Between the hours of Between the hours of 7:OOAM and 10:0013M and 10:0013M 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted on the approved set of plans, shall be 7:00 am to 1:00 am daily. 13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily. 14. Hours of operation for the nightclub area occupied by Club M /Muni- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission 15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 16. Dancing is permitted in the nightclub (Club M) portion of the facility only. 17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 18. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- City of Newport Beach Planning Commission Resolution No. 1600 Page 6 of 9 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. Any event or activity staged by an outside promoter or entity, where the applicant, operator, 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. 21. Full meal service shall be provided during all hours of operation for both restaurants. 22. Strict adherence to maximum occupancy limits is required. 23. The use of private (enclosed) 'VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 24. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 25. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 26. All exits shall remain free of obstructions and available for ingress and egress at all times. 27. Prior to the final inspection of building permits and the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. 28. 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. 29. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses 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 consumption of alcoholic beverages shall be limited to City of Newport Beach Planning Commission Resolution No. 1600 Page 7 of 9 the interior of the restaurants and the outdoor dining areas only. 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 type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the nightclub use shall be a Type 48 (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 consumption of alcoholic beverages shall be limited to the interior of the nightclub and the outdoor dining areas only. 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. 31. 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. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 33. Should this business or alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or 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. 34. The quarterly gross sales of alcoholic beverages in the approved restaurants 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. 35. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 36. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 37. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). City of Newport Beach Planning Commission Resolution No. 1600 Pa4e 8 of 9 38. A grease interceptor of adequate size may be required in association with food preparation activities pursuant to the Building Code. 39. Prior to the issuance of building permits, approval from the Orange County Health Department is required 40. Prior to issuance of a Building Permit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 41. Prior to the final of building permits, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 42. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 43. Alterations to the interior of the existing structure may require alteration to the existing fire sprinkler system. Plans and permit application must be submitted fro the alteration of the automatic sprinkler system prior to the issuance if building permits. 44. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. 45. A manual fire alarm system is required. If the occupant load exceeds 1,000 persons, an approved pre - recorded message announcement using an approved voice communications system shall also be required. 46. Prior to the issuance of building permits, plans for the installation of the fire alarm system must be submitted to the Newport Beach Fire Department for review and approval. 47. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on City of Newport Beach Planning Commission Resolution No. 1600 Paae 9 of 9 the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 48. Valet parking is allowed upon approval of the Public Works Department. 49. Prior to issuance of a Building Permit, the applicant shall obtain an approved final parking management plan subject to review and approval by the City Traffic Engineer. The parking management plan shall include a parking lot signage plan if reserved spaces are proposed for any tenants. The parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site. The applicant shall comply with all of the City's property maintenance laws and ordinances. The parking management plan shall be implemented at all times. 50. All parking in conjunction with this use shall be confined to the parking lots over which the applicant has written rights to park. If, in the opinion of the Planning Director, the proposed use creates parking congestion at the site the applicant shall immediately resolve the congestion problem by reducing attendance until the parking congestion is eliminated and parking is properly managed. The Planning Director has the discretion to require the preparation of a revised parking management plan and /or require valet parking on an off -site location.