Loading...
HomeMy WebLinkAbout1720 - APPROVE UP AMENDMENT_105 MAIN STREET.RESOLUTION NO. 1720 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3158 PERMITTING LIVE ENTERTAINMENT AND DANCING AND A PARKING WAIVER FOR AN EXISTING RESTAURANT LOCATED AT 105 MAIN STREET (PA 2006 -270) WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located at 105 Main Street, and legally described as Lots 12, 13, 14, 15 & 16 in Block 10 of the Balboa Tract, requesting an approval of an amendment to Use Permit No. 3158 to permit live entertainment and dancing within an existing restaurant use and a waiver of 11 parking spaces associated with the introduction of live entertainment; and WHEREAS, a public hearing was held on April 19, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the subject property is located within the Central Balboa Specific Plan and is subject to the parking requirements of Section 20.45.050(F) which establishes a fixed parking ratio for eating and drinking establishments with and without live entertainment. With the introduction of live entertainment within the interior dining rooms (1,295 sq. ft. NPA), the restaurant would be required to provide an additional 11 parking spaces. Since the site cannot accommodate any off - street parking, a waiver is therefore needed for the 11 parking space increase; and WHEREAS, a Use Permit for the 11 space parking waiver has been prepared and approved in accordance with Section 20.66.100 (Modification or Waiver of Off -Site Parking Requirements) of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A large municipal parking facility is located directly south of the property and is the primary parking for beach visitors and for the commercial uses of the Balboa Village. During the evening hours, the public parking lot is not heavily used by beach visitors and the municipal parking facility should be able to accommodate the parking demand of the project, as conditioned, without impacting public parking spaces available for coastal access. 2. Finding: The parking demand will be less than the requirement in Section 20.66.030. Facts in Support of Finding: Planning Commission Resolution No. Paqe 2 of 10 a. The restaurant is an integral part of the hotel itself, and when wedding receptions and other private events occur, the restaurant actually functions more like a banquet facility for the hotel. b. Typically, hotels are permitted to include accessory restaurants and banquet facilities without providing increased parking, since these activities are normally associated with hotel operations. c. Private events not providing live entertainment and dancing are currently permitted activities. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. d. A parking requirement of 1 space per 50 square feet of net public area would be more realistic in this case. Therefore, the parking demand is less than the 1 space per 35 square feet of net public area required by the Central Balboa Specific Plan parking requirements and does not exceed the restaurant's current demand for parking in association with these events. 3. Finding: The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Facts in Support of Finding: The long term occupancy of the restaurant space, based on its design and as conditioned, is not anticipated to generate any additional parking demand. The principal operation of the use will remain a restaurant, and its use by the hotel as a banquet facility for private events will remain an accessory use; and WHEREAS, a Use Permit for the introduction of live entertainment and dancing has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail and Service Commercial (RSC) land use designation of the Central Balboa Specific Plan (SP -8) District which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Hotel and restaurant uses are permitted within this designation with the approval of a Use Permit. The current restaurant and bar use operate pursuant to Use Permit No. 3158, and the introduction of live entertainment and dancing in association with the existing restaurant is consistent with this designation. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be 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 Planning Commission Resolution No. Paae 3 of 10 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. Facts in Support of Finding: a. The introduction of live entertainment and dancing within the existing restaurant, pursuant to the conditions by which it will be operated and maintained, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non - residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail use of the structure is consistent with this designation. b. Noise impacts and disturbances do affect the neighboring residential units, and without proper controls can prove detrimental to the surrounding community. By limiting live entertainment and dancing to private events only and establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions as in Exhibit "A" have been adopted to control potential noise related problems and prevent the establishment from operating promoted parties and night club events open to the public. c. Live entertainment and dancing provided only in association with a private event is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment. However, the project as conditioned only permits live entertainment and dancing in conjunction with private events to enhance and supplement the hotel's existing banquet operation; therefore, the parking demand will not be as high as a separate restaurant operation, nor exceed the restaurant's current demand for parking, supporting a waiver of the parking increase associated with the introduction of live entertainment. Additionally, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. WHEREAS, Coastal Land Use Polices 2.9.3 -1 and 2.9.3 -2 require properties with non- conforming parking to provide code required off - street parking when new uses result in increased parking demand and requires the City to deny applications for waivers of off - street parking requirements that are found to impact public parking available for coastal access. The introduction of live entertainment and dancing requires 11 additional parking spaces that cannot be provided on -site; however, the findings necessary to approve the parking waiver can be Planning Commission Resolution No. Paqe 4 of 10 made consistent with these policies. Live entertainment and dancing provided in association with private parties only is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area, as the addition of live entertainment would serve only to enhance these currently permitted events, and will not necessarily increase attendance; and WHEREAS, the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn fits the business pattern described above and has relied on weddings and other private events as a part of their business model. Private events are commonplace in hotels and inns in Newport Beach and throughout the coastal zone. The Balboa Inn has also invested a significant amount of resources with an expansion and remodel. A severe restriction or elimination of this activity would significantly impact their business and possibly adjoining businesses as well; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and WHEREAS, the requested live entertainment and dancing proposed on weekend afternoons for the general public has been denied for the following reasons: 1. Between the hours of approximately 11 a.m. and 6 p.m. (8:00 p.m. in summer), the municipal lot is filled to capacity by beach visitors and boat charters. Providing live entertainment on a regular basis for the customer's enjoyment would attract more customers, in turn, generating an increased parking demand. This would negatively impact public parking resources and is inconsistent with Coastal Land Use Policy 2.9.3 -2. 2. The Police Department cites that they are required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, where a majority of the problems encountered include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. Weekend afternoon events open to the public attract increased visitors to the bar, which can lead to increased calls for service and increase the demand for law enforcement. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3158, subject to the Conditions set forth in Exhibit "X. 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. Planning Commission Resolution No. Page 5 of 10 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL 2007. AYES: Eaton, Hawkins, Cole, McDaniel and Hillgren EXCUSED: Peotter and Toerge Planning Commission Resolution No. Paoe 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3158 Project Specific Conditions 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 3158 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. The existing wrought iron gates located at the entrance of the courtyard off E. Ocean Front shall be replaced with sound attenuating double pane doors and windows and installed with panic hardware. The design of the doors shall be reviewed and approved by the Planning Director, prior to Building Permit issuance. These improvements shall be completed by May 15, 2007. 4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. The total combined "net public area" of the interior dining rooms, cocktail lounge, outdoor dining and courtyard area shall not exceed 1,696 sq. ft. prior to 3:00 p.m. After 3:00 p.m., the total combined "net public area" shall not exceed 2,773 sq. ft. at one time. 5. That the barrier used to define the limits of the outdoor dining area and the portion of the restaurant that will be used prior to 3:00 p.m. shall be approved by the Planning Department. (1985 Condition) 6. That a minimum 3- foot -wide space shall be maintained between the edge of the bridge over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition) 7. That a minimum 3- foot -wide space shall be maintained between the edge of the buildings and any tables and chairs in the outdoor dining areas. (1986 Condition) 8. That all outdoor dining areas shall be clearly defined by poles and ropes, or other means approved by the Planning Department. (1986 Condition) 9. That the second floor tables and chairs shall be arranged so that they will not obstruct access to rooms or stairways. (1986 Condition) 10. That twenty -four (24) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the preliminary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. (1986 Condition) Planning Commission Resolution No. Paae7of10 11. Prior to instituting food service on the bridge over the City -owned East Ocean Front sidewalk, the applicant shall enter into an agreement with the City Attorney that fully protects the City against any loss or damage from injuries that are in any way related to the intensification of the use of the bridge. (1986 Condition) 12.All doors and windows of the dining room areas shall remain closed at all times during events, except for ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self- closing hinges. 13. The doors off East Ocean Front shall remain closed at all times during events providing live entertainment, amplified music, and/or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. 14. The use of live entertainment shall be permitted in the interior dining room areas only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. Such activities shall be prohibited within the courtyard area and second floor patio areas. 15. Live entertainment and dancing shall be permitted in conjunction with private events only. The use of live entertainment and dancing shall be prohibited for any other events and uses open to the general public, including the use of a disc - jockey or karaoke. For the purposes of this condition, private events are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). 16. Private events shall conclude at 10:00 p.m. and any associated live entertainment shall conclude at 9:30 p.m., except on Fridays and Saturdays where such events (including live entertainment) shall conclude at 11:00 p.m. 17. Private events providing live entertainment shall be limited to a maximum of 8 events per month, excluding the months of July and August where such events shall be prohibited. Exception: The 5 events currently scheduled during the months of July and August 2007 shall be permitted to continue, subject to all other conditions of approval. 18. The use of strobe lights or other special lighting effects that are determined to produce visual impacts to the neighboring uses and residents are prohibited. 19. Background music on any of the outdoor patios, dining areas, lounges, or waiting areas is prohibited. 20. Dancing is permitted in the interior dining room areas only, as depicted on the approved set of plans. 21. Dancing is prohibited within the courtyard area, bar, or outdoor patios, unless authorized by a special events permit or an amendment to the Use Permit. Planning Commission Resolution No. Paqe 8 of 10 22. Prior to the introduction of live entertainment or the issuance of a Live Entertainment Permit, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. 23. Two exits shall be provided within each interior dining room area. In -lieu of providing two exits within each room, the existing interior partition separating the two interior dining rooms shall be removed. 24. An exiting analysis shall be provided for the review and approval of the Building and Fire Departments. Analysis shall include occupant load of all spaces, number of exits, exiting paths, and door hardware. Analysis should illustrate what is existing, what is required by Code, and what is proposed. 25.That the on -site development standards as they apply to walls, landscaping, parking lot illumination, a portion of the required parking and utilities, are waived. (1986 Condition) 26. The operation of live entertainment and dancing shall be reviewed by the Planning Commission 1 year from the effective date of this approval (May 3, 2007). The Planning Commission shall have the right to modify the terms and conditions of Use Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. The Planning Director may initiate a review earlier than 1 year from the effective date of approval if significant problems are identified. Standard Conditions 27. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 28.This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 29. 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. 30.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. Planning Commission Resolution No. Paqe 9 of 10 31. 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. 32. 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. 33. 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. 34. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, live entertainment, pre- recorded amplified music, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 35. No outside paging system shall be utilized in conjunction with this establishment. 36.AII trash shall be stored within the building or within dumpsters stored in the trash enclosure. 37. 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. 38. The exterior of the business 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. 39. 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). 40. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 41. 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. Planning Commission Resolution No. _ Page 10 of 10 42. 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. 43. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 44.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or 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. 45.Any event or activity staged by an outside promoter or entity, where the applicant, operator, 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. 46.AII exits shall remain free of obstructions and available for ingress and egress at all times. 47. Strict adherence to maximum occupancy limits is required. 48.AII 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. 49. 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. 50. That a washout area for the restaurant's trash containers shall be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. (1985 Condition) 51.That grease interceptors shall be installed on all fixtures in the restaurant facilities 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)