Loading...
HomeMy WebLinkAbout1668 - APPROVEUP_1370 BISON AVERESOLUTION NO. 1668 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -008 FOR PROPERTY LOCATED AT 1370 BISON AVENUE (PA2005 -036) WHEREAS, an application was filed by Eddie V's Wildfish Restaurant with respect to property located at 1370 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 326 -48, requesting approval of a Use Permit to allow the operation of a restaurant and to allow the restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcohol Beverage License. WHEREAS, a public hearing was held on June 9, 2005, in the City Hall Council Chambers, at 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. WHEREAS, the site is designated Retail and Service Commercial by the General Plan Land Use Element and zoned PC District 50 (Bonita Canyon Planned Community). Eating and drinking establishments are conditionally permitted uses within the General Plan and Zoning Code designations. WHEREAS, the location of the proposed eating and drinking establishment requiring this Use Permit, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the PC District 50 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: 1. The location of the restaurant is in the Bluffs Shopping Center. Restaurants are conditionally permitted in the shopping center and are complimentary to the surrounding commercial uses. 2. The shopping center is separated from other uses by roadways; and there are no sensitive uses such as residences, day care centers, schools, playgrounds or hospitals located in the close vicinity of the project site. 3. The restaurant has been conditioned in such manner to meet the intent of the Zoning Code and Planned Community District Regulations, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. 4. The provision and implementation of a valet/parking management plan would resolve any potential parking shortfalls beyond the PC Text requirements and would relieve potential traffic congestion within the center during the restaurant hours of operation. City of Newport Beach Planning Commission Resolution No. _ Pag 2 e of 8 WHEREAS, the alcoholic beverage service complies with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: The use has been conditioned to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, fine dining restaurant that is complementary to the surrounding uses within Bluffs Shopping Center. Alcohol service is typical and expected by the public in a full - service, fine dining restaurant setting. 3. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. 4. 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. 5. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is higher than the percentage citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcoholic related crime. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities) that allows the operation of existing facilities where no expansion of use is allowed and this building was intended for this use pursuant to the approval of the shopping center. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -008, subject to the Conditions set forth in Exhibit "A." Section 2. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 8 PASSED, APPROVED AND ADOPTED THIS 9th DAY OF JUNE 2005. AYES: Eaton, Cole, Toerge, Tucker Selich, McDaniel and Hawkins NOES: None BY: Larry Tucker, Chairman BY: 010i ecre ry City of Newport Beach Planning Commission Resolution No. _ Pape 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -008 1. The development shall be in substantial conformance with the approved floor plan dated January 14, 2004. 2. Use Permit No. 2005 -008 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. Hours of operation shall be from 5:00 p.m. to 11:00 p.m., Sunday through Tuesday, and Wednesday through Saturday from 5:00 p.m. to 1:30 a.m. with the patio closing at 11:00 p.m. daily. 4. 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 within sixty (60) days upon hiring. 5. No live entertainment shall be permitted in conjunction with the restaurant unless a live entertainment permit is first obtained. Background music provided through the restaurant's internal system or by a disc jockey is permitted. No audible paging system shall be allowed outside the building. 6. There shall be no dancing allowed on the premises without the issuance of a Caf(§ Dance Permit. 7. 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. 8. 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. 9. 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. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 8 10. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 11. A grease interceptor of adequate size is required in association with food preparation activities. 12. 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. 13. 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 of alcoholic beverages is prohibited for off - site consumption. 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. 14. 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. 15. 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. 16. 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. 17. The approval of this Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub. 18. 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 specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. City of Newport Beach Planning Commission Resolution No. _ Page 6 of 8 19. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 20. 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. 21. 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. 22. 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 an approved Special Event Permit as issued by the City of Newport Beach. 23. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building or patio of the premises and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 24. 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. 25. The applicant shall ascertain that the concrete pavement in front of the existing triple dumpster enclosure drains toward the existing below -grade clarifier. If determined otherwise, said concrete pavement shall be reconstructed for correct surface flow pattern or bottomless trench drains be installed across of the width of the concrete /asphalt pavement edge to intercept and retain debris and runoff from tracking onto the rest of the site. Between the hours of Between the hours of 7:OOAM and 10:0013M and 10:OOPM 7:OOAM Location Interior Exterior Interior I Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA property Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property I N/A I 65dBA N/A 6OdBA 19. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 20. 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. 21. 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. 22. 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 an approved Special Event Permit as issued by the City of Newport Beach. 23. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building or patio of the premises and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 24. 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. 25. The applicant shall ascertain that the concrete pavement in front of the existing triple dumpster enclosure drains toward the existing below -grade clarifier. If determined otherwise, said concrete pavement shall be reconstructed for correct surface flow pattern or bottomless trench drains be installed across of the width of the concrete /asphalt pavement edge to intercept and retain debris and runoff from tracking onto the rest of the site. City of Newport Beach Planning Commission Resolution No. _ Paae 7 of 8 26. Drainage of the patio area shall be made to comply with the City's water quality and on -site runoff retention requirements. 27. A minimum 4 -foot wide ADA compliant travel path shall be provided between the top of existing curb ramp landing and the edge of proposed outdoor benches in front of the main entrance. 28. The new interior ramps serving the elevated dining areas shall provide a minimum 4 -foot clearance between handrails to accommodate wheelchairs. 29. A fire extinguishing system subject to the review and approval of the Building and Fire Departments shall be provided for the kitchen hood. 30. A fire sprinkler protection system subject to the review and approval of the Building and Fire Departments shall be provided for the patio dining area. 31. All employees shall park on -site. 32. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 33. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained 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 (including Water Quality related requirements). 34. 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 alternative drainage plan. 35. 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. 36. 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. City of Newport Beach Planning Commission Resolution No. _ P a a e 8 of 8 37. Prior to the issuance of the certificate of occupancy, the applicant shall work with the property owner to submit a valet/parking management plan to be reviewed and approved by the City Traffic Engineer. The approved valet/parking management plan shall be implemented by the applicant and /or future operator of the restaurant during all hours of operation. 38. A twelve -month review by the Planning Commission, from the date of opening, of the valet/parking management plan shall be required. The Planning Commission shall have the right to order subsequent reviews of the valet/parking management plan and to modify the terms and conditions of Use Permit No. 2005 -008 by imposing new or revised conditions related to the valet/parking management plan.