Loading...
HomeMy WebLinkAbout1609 - APPROVE UP_455 NEWPORT CENTER DRIVERESOLUTION NO. 1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -028 FOR PROPERTY LOCATED AT 455 NEWPORT CENTER DRIVE (PA2003 -182). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Fleming's Prime Steakhouse, with respect to property located at 455 Newport Center Drive, requesting approval of Use Permit No. 2003 -028 to permit the expansion of an existing restaurant with a Type 47 (On -Sale General- Eating Place) alcoholic beverage license pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). The site is designated Retail & Service Commercial by the General Plan Land Use Element and Fashion Island Planned Community (PC -35) by the Zoning Code. Section 2. A public hearing was held on September 4, 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 City's General Plan designates the site as Retail & Service Commercial. The Zoning Code designates the site as Fashion Island Planned Community (PC -35), which designates the site for commercial uses. Eating and Drinking Establishments are permitted uses within the General Plan and the Zoning Code designations. 2. The proposed location of the eating and drinking establishment with beer, wine & spirits sales, operated under the conditions of the attached approval, 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 parking lots, roadways and other commercial uses. c. Adequate provided parking is provided within the Fashion Island center, and the proposed addition is within the total restaurant allocation for Fashion Island. Planning Commission Resolution No. Paqe 2 of 7 d. The use authorized in conjunction with this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment 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. 3. The service and consumption of alcohol at the proposed restaurant 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: a. The convenience of the public will be served as alcohol service is typical and expected by the public in conjunction with a full- service restaurant; 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; c. The number of alcohol licenses within the reporting district is increasing by one, and the total number of existing and proposed new alcoholic licenses in the area is not excessive; 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. 4. 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). 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 No. 2003 -028, 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. Planning Commission Resolution No. Page 3 of 7 PASSED, APPROVED AND ADOPTED THIS 4th DAY OF SEPTEMBER, 2003. AYES: Eaton, Cole, Toerqe. McDaniel, Selich, Kiser and Tucker EXCUSED: NOES: None BY: ;•., t11 -Earl McDaniel. Chairman BY: Michael T erge, Secretary Planning Commission Resolution No. Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -028 Use Permit No. 2003 -028 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, or 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 licensee or business operator. 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 project shall be in substantial conformance with the approved plot plan, floor plan and elevations dated May 2, 2003. 5. The delivery of alcoholic beverages for consumption off - premises is prohibited. 6. There shall be no live entertainment and/or dancing at any time. 7. 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. 8. 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. 9. 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 Planning Commission Resolution No. Page 5 of 7 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 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music may be played in the interior and patio dining areas, provided exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. 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 7:OOAM and 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior I 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 Planning Commission Resolution No. Pape 6 of 7 16. There shall be no exterior advertising or signs of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 17. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. 18. All employees shall park on -site. 19. 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. 20. 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. 21. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 22. 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. 23. 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 Department. 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). 24. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 25. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of this food use. 26. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. I Planning Commission Resolution No. Paae 7 of 7 28. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 29. All signs shall conform to the provisions of the Fashion Island Planned Community District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where applicable. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 31. 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. 32. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 33. Hours of operation shall be limited from 5:OOPM to 11:OOPM, seven days a week.