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HomeMy WebLinkAbout1684 - APPROVE UP AMENDMENT__216 1/2 MARINE AVERESOLUTION NO. 1684 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3175 FOR PROPERTY LOCATED AT 216 '/2 MARINE AVENUE (PA2005 -213). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mahsa Maali, owner of Pas. Tu Cafe, with respect to property located at 216 '/2 Marine Avenue, legally described as Lot 9, Block 11 of the Balboa Island Section 4, requesting approval of an amendment to Use Permit No. 3175 to permit 6 tables versus 3 tables as previously conditioned, and approval of the sale of alcoholic beverages (Type 41 - On -Sale Beer and Wine- Eating Place) pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). WHEREAS, A public hearing was held on December 8, 2005 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. WHEREAS, an amendment to the Use Permit for the existing Eating and Drinking Establishment has been prepared and approved in compliance with Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code for the following reasons: 1. The proposed location of the use is in accord with the objectives of the Zoning Code and the purpose of the Retail and Service Commercial district in which the site is located because Eating and Drinking Establishments with accessory beer and wine sales are permitted uses within the district. 2. The location of the proposed eating and drinking establishment requiring this Use Permit Amendment, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the RSC -R 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 site is designated Retail and Service Commercial by the General Plan Land Use Element and zoned RSC -R (Retail and Service Commercial - Residential Overlay). Eating and drinking establishments are conditionally permitted uses within the General Plan and Zoning Code designations. b. A restaurant has been operating in this location in a similar capacity since 1985 under the original approval of Use Permit No 3175 and has not proven detrimental to the area. Planning Commission Resolution No. Paae 2 of 8 c. Restaurant uses can be expected to be found in this and similar locations and are complimentary to the surrounding commercial and residential uses. d. The project site is not located in close proximity to day care centers, schools or park and recreation facilities. e. The restaurant has been conditioned in such manner to meet the intent of the Zoning Code, including any specific conditions required for the restaurant and to require strict adherence to safety and noise regulations. 3. The eating and drinking establishment complies with the provisions of the Zoning Code, including any specific condition required for the establishment in the district in which it is located for the following reasons: a. The RSC -R zoning district allows restaurant uses, subject to the approval of a use permit. b. The project generally meets the restaurant development standards of the Zoning Code to the maximum extent possible given the existing site conditions, and that the continued waiver of the development standards as they pertain to parking, circulation, walls, utilities, landscaping, and parking lot illumination will not be detrimental to adjoining properties. 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: 1. The sale of alcoholic beverages for on -site consumption is 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. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a take -out restaurant that is complementary to the surrounding uses within area. Alcohol service can be expected in take -out restaurant operations with incidental seating. 3. The number of alcohol licenses within the reporting district and adjacent reporting districts is not significantly high given the commercial nature of the district and the corresponding high concentration of restaurants. 4. 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 in the opinion of the Police Department. Planning Commission Resolution No. Paae 3 of 8 5. The Police Department has reviewed the proposed project and does not believe that approval of this project will cause an increase in the number of alcohol related incidents. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3175, 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. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2005. AYES: Eaton, Hawkins, Cole, Toerge Tucker, McDaniel and Henn NOES: None BY: Michael Vge, Chairman BY: '? Barry E o , Secretary Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Amendment to Use Permit No. 3175 1. The Amendment to Use Permit No. 3175 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. This resolution shall supersede all rights of the previous conditions of approval of Use Permit No. 3175 dated November 7, 1985, which shall be considered null and void. 3. The project shall be in substantial conformance with the approved site plan and floor plan stamped with date of this meeting. 4. That any seating shall be incidental to the primary take -out operation of the restaurant. A maximum of six (6) tables and twelve (12) chairs shall be permitted. 5. That the hours of operation shall be limited to the hours between 7:00 am and 10:00 pm. (1985 Condition) 6. 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. 7. Restroom and plumbing fixtures shall be provided in accordance with Building Department and Plumbing Code. 8. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 9. 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. 10. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 11. 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 the current owner or leasing company. 12. 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 Planning Commission Resolution No. 5 of 8 their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 13. All development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and parking shall be waived. (1985 Condition) 14. There shall be no live entertainment and /or dancing at any time 15. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 16. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine 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 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. 17. 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 approval of this Use Permit. 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. 18. 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. 19. 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. 20. No "happy hour" type reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 21. 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, which are clearly visible to the exterior, shall constitute a violation of this condition. Planning Commission Resolution No. _ Paqe 6 of 8 22. Full meal service shall be provided during all hours of operation. 23. Sales, delivery and consumption of alcoholic beverages is 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. 24. Alcoholic beverage sales, delivery and consumption is subject to the review and approval of the California Board of Alcoholic Beverage Control. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 26. 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 City on demand. 27. 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. 28. 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. 29. 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. 30. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the 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: Planning Commission Resolution No. Page 7 of 8 31. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 32. 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. 33. The exterior of the eating and drinking establishment/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. 34. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 35. That all trash shall be stored in the building until scheduled trash pick -up occurs. (1985 Condition) 36. A trash compactor shall be installed in conjunction with the take -out restaurant facility. (1985 Condition) 37. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 38. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain. (1985 Condition) 39. Storage outside of the building, in the front or at the rear of the property, shall be prohibited. 40. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50d BA Commercial Property NIA 65dBA NIA - 60dBA 31. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 32. 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. 33. The exterior of the eating and drinking establishment/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. 34. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 35. That all trash shall be stored in the building until scheduled trash pick -up occurs. (1985 Condition) 36. A trash compactor shall be installed in conjunction with the take -out restaurant facility. (1985 Condition) 37. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 38. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain. (1985 Condition) 39. Storage outside of the building, in the front or at the rear of the property, shall be prohibited. 40. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. Planning Commission Resolution No. _ Page 8 of 8 41. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and Public Works Department. (1985 Condition) 42. Grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the uniform Plumbing Code, unless otherwise approved by the Building Department. (1985 Condition) 43. That all mechanical equipment and trash areas shall be screened from Marine Avenue, the alley, and adjoining properties. (1985 Condition) 44. 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. (1985 Condition)