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HomeMy WebLinkAbout1603 - APPROVE UP_555 NEWPORT CENTER DRIVERESOLUTION NO. 1603 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -117 FOR PROPERTY LOCATED AT 555 NEWPORT CENTER DRIVE (PA2003 -106) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Houston's Restaurants, with respect to property located at 555 Newport Center Drive and legally described as Parcel 1 of PM 221 -30, requesting approval of Use Permit No. 2003 -117 to authorize the sale of alcoholic beverages for on -site consumption at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). Section 2. A public hearing was held on June 5, 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: 1. The proposed location of the alcoholic sales establishment needing 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 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. The use permit pertains to the on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The applicant does not propose a use that would change the operational characteristics of the site that would result in additional parking demand. 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 or conversion of the use to a bar, nightclub or commercial recreational use would require an amendment to the Use Permit, reviewed by the Planning Commission. 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 the sale of desired beverages in conjunction with a full - service, sit -down restaurant that is complementary to City of Newport Beach Planning Commission Resolution No. _ Page 2 of 6 surrounding uses within Fashion Island. Alcohol service is typical and expected by the public in a full - service restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. C. 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 when compared with County -wide data. d. 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. e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. 4. A certified acoustical study shall be completed and a Live Entertainment Permit shall be obtained from the City Manager's Office before limited live entertainment can commence. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Minor alteration of existing structures). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -117, 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 5th DAY OF JUNE 2003. AYES: Toerge, McDaniel, Kiser, Selich. Tucker and Gifford NOES: None ABSTAIN: Gifford BY: Steven Kiser,'Chairman City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 6 BY: ?a-Lda L -- C-)Nrv,- Patricia L. Temple, Ex-Officio Secretary City of Newport Beach Planning Commission Resolution No. _ Paae 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -117 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated April 9, 2003. 2. Use Permit No. 2003 -117 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. 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 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be cleared through the Building Department, and a second exit shall be provided in a manner and location that does not exit into the outdoor eating or waiting areas. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities. 4. The outdoor dining area shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control. 5. Hours of operation shall be from 9:00 AM to 11:00 PM Monday through Thursday, 9:00 AM to midnight Friday through Saturday, and 9:00 AM to 10:00 PM on Sundays. 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. Live entertainment may be permitted upon the completion of an acoustical study and the acquisition of a Live Entertainment Permit from the City Manager's Office. The live entertainment shall be limited in that no amplified equipment shall be utilized. 8. That 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. City of Newport Beach Planning Commission Resolution No. _ Paae 5 of 6 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. 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. The exterior of the restaurant and alcoholic beverage outlet 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. 14. 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. 15. 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 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. 16. 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. 17. 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. 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 City of Newport Beach Planning Commission Resolution No. _ Paoe 6 of 6 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. 20. 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 specked time periods unless the ambient noise level is higher: 21. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 22. 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. 23. 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. 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 dancing allowed on the premises without an approval of an amendment to this Use Permit and the issue of a Cafe Dance Permit. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. Between the hours of 7:00AM and 10:0013M Between the hours of 10:0013M and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 21. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 22. 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. 23. 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. 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 dancing allowed on the premises without an approval of an amendment to this Use Permit and the issue of a Cafe Dance Permit. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited.