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HomeMy WebLinkAbout1709 - MODIFY CONDITIONS OF APPROVAL OF UP_ 2920 NEWPORT BOULEVARD.RESOLUTION NO. 1709 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH MODIFYING THE CONDITIONS OF APPROVAL OF USE PERMIT NO. 3485 FOR PROPERTY LOCATED AT 2920 NEWPORT BOULEVARD (PA2006 -177). WHEREAS, In 1993, the City approved Use Permit No. 3485 subject to findings and conditions of approval authorizing a restaurant/brewpub with a Type 23 Alcoholic Beverage Control (ABC) license to operate at 2920 Newport Boulevard within the Cannery Village area. The restaurant and brewpub began operations under in 1994 using the fictitious business name - Newport Beach Brewing Company; and, WHEREAS, In 1999, the operator of the establishment requested and received approval of an amendment to Use Permit No. 3485. The amendment allowed the restauranUbrewpub to operate with a Type 75 ABC license and the amendment was subject to findings and revised conditions of approval; and, WHEREAS, In January of 2006, the City of Newport Beach received complaints from neighbors alleging that the Newport Beach Brewing Company was violating the conditions of Use Permit No. 3485. Alleged violations included, among other things: operating a bar rather than a restaurant in violation of Condition No. 10; alcohol sales and service in excess of food sales in violation of Condition No. 9; opening the entire dining area on weekends before 5PM in violation Condition No. 6 and in violation of Coastal Development Permit No. 5 -93 -137, trash in the parking lot in violation of Standard Condition E; failure of the establishment to curb unruly patron behavior outside the establishment in violation of Standard Condition D; and inadequate training of the owner and employees in responsible methods and skills for serving and selling alcoholic beverages in accordance with Standard Condition F. Neighbors contend that patrons create noise, cause property damage, urinate, defecate, and conduct sexual activities during the late evening and early morning hours and that the operator was unable or unwilling to discourage or correct these objectionable conditions. Based upon the complaints received, Use Permit No. 3485 was referred to the Planning Commission on May 4, 2006 for review; and, WHEREAS, During the May 4, 2006 meeting of the Planning Commission, testimony from neighbors of the establishment and the operators of the Newport Beach Brewing Company was considered by the Planning Commission. The Commission also considered a report prepared by staff outlining the complaints and discussing potential violations of the conditions of approval. The following facts were identified: • Patrons line up outside the premises to enter the establishment typically Thursdays through Saturday during the late evening or early morning hours. This congregation of patrons created objectionable conditions to nearby residential neighbors and the operator of the use (Newport Beach Brewing Company) did not take all reasonable steps to discourage said objectionable conditions as required pursuant to Standard Condition D. • The operator of the restaurant/brewpub uses security to control occupancy and patrons and minors are excluded from entry during the late evening and early morning hours indicative that the operator of the use was operating the use like a bar rather than a restaurant and brewpub. • The operator implemented a limited "late night' menu and food sales were either discouraged or non - existent or the kitchen was closed before the establishment was closed indicative that the operator of the use was operating the use like a bar rather than a restaurant and brewpub. • The operator of the use indicated that alcohol sales exceed food sales most of the time and that alcohol sales are approximately 90% of sales during the late evening and early morning hours. This high percentage of alcohol sales would not constitute ancillary alcohol sales to food sales in violation of Condition No. 9. • The net public area of the establishment is no more than 1500 square feet Monday through Friday before 5PM and the net public area exceeds 1500 square feet before 5PM on Saturday and Sunday in violation of Condition No. 6. • Owners, managers and employees of the Brewing Company had not undergone a certified training program in responsible methods and skills for serving and selling alcoholic beverages in accordance with Standard Condition F. • The site was found to be generally free of litter and not in violation of Standard Condition E. At the conclusion of the discussion, the Planning Commission determined that there was sufficient information to indicate that the use was operating in violation of the conditions of approval. Additionally, the Commission found that there was sufficient information to warrant consideration of modifying the conditions of approval as changes to the conditions could potentially alleviate the problems reported by neighbors. The Commission directed staff to place the matter on a future agenda for possible action; and, WHEREAS, On August 17, 2006, the Planning Commission held a public hearing regarding the alleged violations of and potential modifications to the conditions of approval of Use Permit No. 3485. The hearing was noticed in accordance with Chapter 20.92 of the Municipal Code and the operator of the Newport Beach Brewing Company was also mailed a notice of the hearing; and, WHEREAS, During the August 17, 2006 hearing, testimony and information presented to the Commission confirmed past violations of the conditions of approval. At the conclusion of the hearing, the Planning Commission directed staff to set Use Permit No. 3485 for possible modification and /or revocation; and, WHEREAS, On January 4, 2007, the Planning Commission held a noticed public hearing on the possible modification of conditions and /or revocation of Use Permit No. 3485. Testimony and a staff report including a report prepared by the Newport Beach Police Department were considered by the Planning Commission. The Planning Commission finds that: • The operator has discontinued the use of the limited late night menu and has made the complete menu available at all hours the establishment is open. • The operator has increased sweeps of the parking lot and exterior of the site to discourage any objectionable behavior from patrons or other people at the site. • The operator has voluntarily moved the entrance of the establishment when a line forms to the Newport Boulevard side of the building, which has reduced conflicts with abutting residential uses. • The operator, owners and employees has successfully completed the L.E.A.D training program in responsible methods and skills for serving and selling alcoholic beverages as required pursuant to Standard Condition F. • The operator is willing to install a cover on the trash enclosure to better mitigate the aesthetics of the existing trash enclosure. • The operator has also made other physical and operational changes as reflected in the modified conditions of approval contained within Exhibit A. • The physical and operational changes have had a positive impact to the neighborhood and have reduced incidents of nuisances, and, WHEREAS, Based upon the information and testimony presented to the Commission, the use was operating in violation of the conditions of approval in the past and the operator has abated all known violations. WHEREAS, changes to the conditions of approval are necessary to memorialize the physical and operational changes instituted voluntarily by the operator that have had a positive effect on the compatibility of the use with the neighborhood. Additionally, changes to the conditions of approval are necessary to clarify the meaning and intent of the conditions to avoid future questions. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: SECTION 1. The conditions of approval for Use Permit No. 3485 are amended to read pursuant to Exhibit "A ". SECTION 2. This action shall become final and effective fourteen (14) 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 4th day of January 2007. AYES:Peotter, Cole. McDaniel and Teorge NOES: Eaton RECUSED: Hawkins EXHIBIT A Conditions of Approval Use Permit No. 3485 CONDITIONS: 1. The proposed development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. Deleted 3. The applicant shall provide a minimum of one parking space for each 50 square feet of net public area before 5:00 p.m. and one parking space for each 40 square feet of net public area after 5:00 p.m. in conjunction with the restaurant/brewpub. 4. Deleted 5. The property owner shall pay for 29 in -lieu parking spaces in the Cannery Village Municipal Parking Lot on an annual basis for the nighttime operation (after 5:00 p.m.) of the restaurant/brewpub use as agreed upon by the Sales Agreement between the City of Newport Beach and the property owner. 6. The net public area of the restaurant/brewpub, which is devoted to daytime use Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 square feet. The balance of the net public area shall be physically closed off to the public by a fixed barrier and shall not be used until after 5:00 p.m.. 7. The hours of operation for the restaurant/brewpub shall be limited to the hours between 6:00 a.m. and 11:00 p.m. Sunday through Thursday and between 6:00 a.m. and 1:00 a.m. on Friday and Saturday. 8. All employees shall park either in the privately owned off -site parking area or in one of the municipal parking lots in the area. 9. The operation of the brewery and the service of alcoholic beverages shall be ancillary to the food service operation of the restaurant (e.g. the brewery and the service of alcoholic beverages may not be conducted without the concurrent operation of the restaurant during all hours the use is open for business). The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The operator shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages. Said records shall be kept no less frequently that on a quarterly basis and shall be made available to the Planning Director upon request in conjunction with the Planning Commission's review of this Use Permit for alleged violations of conditions. 10. The principal use authorized by this Use Permit is a restaurant/brewpub. The accessory operation of a bar is permitted provided that the kitchen remains open for the service of meals and that a full menu is provided. This Use Permit shall not be construed as the approval of a bar, cocktail lounge, or other use with the principal purpose of serving alcoholic beverages during hours not corresponding to regular meal service hours nor as the approval of a cabaret, nightclub, or other use with the principal purpose of providing live entertainment and /or dancing. The kitchen of the restauranUbrewpub shall be in operation to serve meals at all times that the business is open. A full meal menu (including the service of those meals ordered) shall be made available. Menus and condiments shall be available at the tables at all times. 11. No outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed location. 12. 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. 13. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 14. All mechanical equipment and trash areas shall be screened from surrounding public streets and alleys and adjoining properties. The existing trash enclosure shall be covered and the doors or gates to the enclosure shall be modified to be self - closing and self - locking for security. 15. Deleted 16. Should prerecorded music be played within the restaurant facility, such music shall be confined to the interior of the building, and all doors and windows shall be kept closed while such music is played. 17. 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. 18. 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 company. 19. The parking lot entrance to the building shall not be used as an entrance when a line of patrons seeking entrance to the establishment forms. 20. The operator shall discourage loitering on site at all times the establishment is open or employees or owners are present. 21. The operator shall conspicuously post and maintain signs indicating to patrons to be courteous to residential neighbors while outside the establishment. 22. The applicant shall prepare a detailed security operations and property maintenance plan within 45 days of approval of this amendment to the Use Permit. The plan shall be subject to the review and approval of the Police Department and Planning Department. The plan shall specifically outline methods and personnel necessary to control patron activity on and abutting the project site to minimize or avoid land use conflicts. When security services are required pursuant to the plan, security shall be provided whenever necessary and a minimum of 30 minutes after the posted closing time. The property maintenance portion of the plan shall address activities including, and not limited to, trash pickup, recycling disposal and pickup, grease trap cleaning, cooking oil recycling, brewery servicing, deliveries, cleaning or general building maintenance. 23. Deliveries and exterior property maintenance activities shall not be conducted between 8PM and 8AM daily. 24. The use shall maintain a Type 23 or a Type 75 license to sell alcoholic beverages from the State Department of Alcoholic Beverage Control. No other license type shall be permitted without review and approval by the Planning Commission. 25. Live entertainment and dancing shall be prohibited without an amendment to this Use Permit and a Live Entertainment Permit and /or a Cafe Dance permit issued by the City Manager's Office. 26. The operator shall not prohibit persons under the age of 21 from entering the establishment based solely upon age. 27. This Use Permit shall be reviewed by the Planning Commission at a noticed public hearing on or before October 30, 2007. The Planning Director may schedule additional reviews of this permit if there is a determination that the use directly causes or is contributing to conditions found to be detrimental to the community (this provision shall not be construed to diminish the City's ability to enforce this Use Permit or any aspect of the Municipal Code). STANDARD CITY REQUIREMENTS: A. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. B. Signs and displays shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. C. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. D. The applicant shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage outlet and adjacent properties must be taken during business hours if directly related to the patrons of the subject alcoholic beverage outlet. E. The exterior of the 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. F. All owners, managers and employees serving and /or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section a 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 operator shall provide proof of completion for all owners, managers and employees within 30 days of the approval of this amendment and new employees shall successfully complete the training within 30 days of initially starting work. G. The project shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. H. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. J. Coastal Commission approval shall be obtained prior to issuance of any building permits. K. The Planning Commission may add to or modify conditions of approval to this Use Permit upon a determination that this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community.