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HomeMy WebLinkAbout1690 - APPROVIE UP_4511 W. COAST HWYRESOLUTION NO. 1690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -002 FOR A FULL - SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT LOCATED AT 4511 W. COAST HIGHWAY (PA2006 -038) WHEREAS, an application was filed by Fuji Grill, Inc. with respect to property located at 4511 W. Coast Highway, and legally described as Parcel 2 of Parcel Map No. 85 -268, requesting approval of a Use Permit to allow the operation of a new restaurant and to allow the restaurant to operate with a Type 41 (On -Sale Beer and Wine, Eating Place) License, pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance. WHEREAS, a public hearing was held on April 20, 2006, 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 RSC (Retail Service Commercial). Restaurants with accessory alcohol service are allowed at sites designated RSC by the General Plan. They are conditionally permitted with the RSC zone. 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 RSC zone 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 West Newport area. Surrounding land uses are dominated by retail commercial and residential developments. Restaurants can be expected to be found in the existing shopping center and are complimentary to the surrounding commercial and residential uses. 2. The shopping center is separated from other uses by roadways on three sides. There are no sensitive uses such as day care centers, schools, playgrounds or hospitals located in the close vicinity of the project site, except the residential development located immediately to the east of the shopping center. The use as restricted by the attached conditions of approval should mitigate any nuisances to the neighboring residential areas. 3. The restaurant has been conditioned in such manner to meet the intent of the Zoning Code, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. City of Newport Beach Planning Commission Resolution No. Page 2 of 7 4. No dancing or live entertainment will be provided on the premises. 5. The existing shopping center where the proposed restaurant will be located has adequate parking per the Zoning Code to accommodate the existing uses and the proposed 1,550 square -foot restaurant. 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 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 alcohol sales. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, high turnover restaurant that is complementary to the existing retail shops located within the shopping center and nearby residential developments. Alcohol service is typical and expected by the public in a full - service 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 due to the nature of the use and the fact that it will not operate as a bar, tavern or nightclub. 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) Section 15301 of the CEQA Guidelines 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. 2006 -002, 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 7 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF APRIL 2006. AYES: Eaton, Cole, Toerge, Tucker McDaniel and Henn NOES: None ABSENT: Hawkins BY: - Michae oerg , hairman BY: Barry Eaxq , &cretary City of Newport Beach Planning Commission Resolution No. _ Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -002 1. The development shall be in substantial conformance with the approved floor plan dated February 25, 2006. 2. Use Permit No. 2006 -002 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 11:00 a.m. to 10:00 p.m., seven days a week. 4. The total net public area as identified on the approved floor plan shall not exceed 620 square feet. 5. 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. Specifically, approval from the Orange County Health Department is required prior to permit issuance. 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 within sixty (60) days upon hiring. 7. No live entertainment or dancing shall be permitted in conjunction with the restaurant. 8. No audible paging system shall be allowed outside the building. 9. No temporary "sandwich" signs, balloon or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. City of Newport Beach Planning Commission Resolution No. Paqe 5 of 7 10. Any change in operational characteristics, hours of operation, expansion in public area or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 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 either the current business owner, property owner or the leasing agent. 12. 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. 13. 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. 14. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 15. A grease interceptor of adequate size is required in association with food preparation activities. 16. 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. 17. 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 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. 18. 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. 19. 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 City of Newport Beach Planning Commission Resolution No. Pape 6 of 7 on -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 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. 21. The approval of this Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub. 22. 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. 23. The applicant shall not allow patrons to consume alcoholic beverages outside the licensed premises under the control of the license. 24. 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. 25. 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. 26. 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. Between the hours of Between the hours of 7:OOAM and 10:00PM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A I 65dBA I N/A 60dBA 23. The applicant shall not allow patrons to consume alcoholic beverages outside the licensed premises under the control of the license. 24. 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. 25. 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. 26. 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. City of Newport Beach Planning Commission Resolution No. _ Page 7 of 7 27. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 28. 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. 29. All deliveries shall occur on -site. Delivery vehicles shall not stage on the public right -of -way. 30. Any modification to the parking area shall comply with City Standard STD 805 -L- A and STD 805 -L -B. 31. All employees shall park on -site. 32. Storage outside of the building in the front or at the rear of the property shall be prohibited. 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.