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HomeMy WebLinkAbout1797 - 1) APPROVE AMENDMENT NO. 2 TO UP FOR THE RED NIGHT CLUB; AND, 2) DENY EXTENDED HOURS OF FOOD SERVICE FOR TEN ASIAN BISTRO_4647 MACARTHUR BLVDRESOLUTION NO. 1797 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH FOR: 1) APPROVING AMENDMENT NO. 2 TO USE PERMIT NO. UP2002 -040 FOR THE EXTENDED HOURS OF FOOD SERVICE FOR PANINI GARDEN BISTRO AND THE INCLUSION OF THE MALE AND FEMALE RESTROOM FACILITIES ADDITION INTO THE APPROVED FLOOR PLAN FOR THE RED NIGHT CLUB; AND, 2) DENYING EXTENDED HOURS OF FOOD SERVICE FOR TEN ASIAN BISTRO FOR A PROPERTY LOCATED AT 4647 MACARTHUR BOULEVERD (PA2009 -115) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mopan Investments, with respect to property located at 4647 MacArthur Boulevard, and legally described as Lot 13, Tract 05169 requesting approval of Amendment No. 2 to Use Permit No. UP2002-040. 2. The applicant proposes to extend the hours of food service for two full- service restaurants, Panini Garden Bistro and Ten Asian Bistro, until 4 :00 a.m. The amendment incorporates an as -built male and female restroom facilities (403 square feet) addition as part of the facility authorized by the use permit for the Red Night Club. 3. The subject property is located within the APF Zoning District and the General Plan Land Use Element category is AO. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 3, 2009 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class Section 15301, of the CEQA Guidelines - Class 1 Existing Facilities. This categorical exemption allows for the repair, maintenance and minor alterations of an existing building including additions that will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500.square feet, Planning Commission Resolution No. 1797 Page 2 of 11 whichever is less (restroom facility addition), and negligible or no expansion of use (extended food service hours). SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. 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: A -1. The location of the restaurants and nightclub are in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor - serving uses. Restaurant and nightclub uses are compatible to the surrounding commercial uses. The use is not being changed with the proposed extended hours for Panini Garden Bistro or by incorporating the male and female restroom facilities addition into the approved floor plan for the Red Night Club. B. 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 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: B -1. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities, or places of religious assembly. The extended food service hours for Panini Garden Bistro have been conditioned so that additional security is provided within the restaurant and within the parking lot to prevent any potential security problems and will operate in accordance with the comprehensive security plan in place and approved by the Newport Beach Police Department for the subject project site. C. 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: C -1. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. The project has been conditioned in such a manner to require strict Planning Commission Resolution No. 1797 Paae 3 of 11 adherence to safety and noise regulations. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. will be limited exclusively to the entrance identified with Panini Garden Bistro signage for food service only. The findings could not be made to recommend approval of the request for the extended food service hours for Ten Asian Bistro from 1:00 a.m, to 4:00 a.m. Finding for Denial The granting of a use permit amendment to extend the closing hour of Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. will be detrimental to the health, safety, peace, comfort and general welfare of the City. Facts in Support of Finding This would accommodate twice as many patrons at the late hour and it would further increase the potential for police related problems after the Red Night Club closes. The increased area would also increase the demand on law enforcement services at a greater rate should problems arise. The uses on the subject sit a are interconnected and the extended hours would compromise the distinction between the Red Night Club and Ten Asian Bistro between the hours of 2:00 a.m. and 4:00 a.m. This would create a significant challenge for law enforcement in terms of monitoring ABC compliance and enforcement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby 1) Approves Amendment No. 2 to Use Permit No. UP2002 -040 for the extended hours of food service for Panini Garden Bistro and the inclusion of the male and female restroom facilities addition into the approved floor plan for the Red Night Club subject to the conditions set forth in Exhibit A; and, 2) Denies extended hours of food service for Ten Asian Bistro. 2. The proposed extended hours for Panini Garden Bistro and the addition of the restrooms within Red Night Club does not create the need for additional parking. Therefore, the findings and the waiver of a portion of the required off - street parking found in Resolution 1600 remain in effect. 3. The proposed amendment does not include any expansion of alcohol beverage outlet use and Section 20.89.030 does not require the existing alcohol beverage outlet to obtain a new use permit for the proposed extended hours for Panini Garden Bistro and the restroom addition within the club. Therefore, the existing alcohol beverage outlet findings and approval found in Resolution 1600 remain in effect. Planning Commission Resolution No. 1797 Page 4 of 11 4. 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 3rd DAY OF DECEMBER, 2009. AYES: Eaton, Unsworth, Peotter, Hawkins and Toerge NOES: McDaniel and Hillgren BY: r l 'Robert Hawkins, hairman BY: Charles Unsworth, Secretary Planning Commission Resolution No. 1797 Page 5 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT NO. 2 to USE PERMIT NO. UP2002 -040 PLANNING The development shall be in substantial conformance with the site plan and elevations dated September 20, 2002 and the revised floor plan dated October 1, 2009. 2. Amendment 2 to Use Permit No. UP2002 -040 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. 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. 4. Any change in operational characteristics, hours of operation, expansion in area or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 5. 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. 6. 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. 7. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 8. The operator of the 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: Planning Commission Resolution No. 1797 Page 6 of 11 9. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 10. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 11. Hours of operation for Panini Garden Bistro, as depicted on the approved set of plans, shall be from 7:00 am to 4:00 a.m. daily. The extended hours from 1:00 a.m. until 4:00 a.m. shall be for food service only and alcohol beverage service shall end at 1:00 a.m. 12. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. shall be limited exclusively to the entrance identified with Panini signage. Food service between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly comer of the building and the adjacent outdoor patio areas as depicted on the approved revised floor plans dated October 1, 2009. 13. In conjunction with the expansion of the closing hour for Panini Garden Bistro from 1:00 a.m. to 4:00 a.m., additional security shall be provided within the restaurant and within the parking lot to prevent any potential security problems. The additional security shall operate in accordance with the comprehensive security plan approved by the Newport Beach Police Department for the site. 14. Hours of operation for the restaurant and outdoor patio area occupied by Ten Asian Bistro, as depicted on the approved set of plans, shall be from 11:00 a.m. to 1:00 a.m. daily. 15. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission 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 145dBA 150dBA Commercial Property N/A 65dBA I N/A 160dBA 9. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 10. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 11. Hours of operation for Panini Garden Bistro, as depicted on the approved set of plans, shall be from 7:00 am to 4:00 a.m. daily. The extended hours from 1:00 a.m. until 4:00 a.m. shall be for food service only and alcohol beverage service shall end at 1:00 a.m. 12. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. shall be limited exclusively to the entrance identified with Panini signage. Food service between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly comer of the building and the adjacent outdoor patio areas as depicted on the approved revised floor plans dated October 1, 2009. 13. In conjunction with the expansion of the closing hour for Panini Garden Bistro from 1:00 a.m. to 4:00 a.m., additional security shall be provided within the restaurant and within the parking lot to prevent any potential security problems. The additional security shall operate in accordance with the comprehensive security plan approved by the Newport Beach Police Department for the site. 14. Hours of operation for the restaurant and outdoor patio area occupied by Ten Asian Bistro, as depicted on the approved set of plans, shall be from 11:00 a.m. to 1:00 a.m. daily. 15. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission Planning Commission Resolution No. 1797 Paoe 7 of 11 16. Live entertainment is permitted in the nightclub (Red Night Club) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 17. Dancing is permitted in the nightclub (Red Night Club) portion of the facility only. 18. Dancing and live entertainment is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 1 "9. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 20. 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 specked in the Newport Beach Municipal Code to require such permits. 21. 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. 22. Full meal service shall be provided during all hours of operation for both restaurants. 23. Strict adherence to maximum occupancy limits is required. 24. The use of private (enclosed) 'VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 25. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 26. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 27. 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 Planning Commission Resolution No. 1797 Page 8 of 11 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. 28. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses 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 consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. 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. 29. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the nightclub use shall be a Type 48 (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 consumption of alcoholic beverages shall be limited to the interior of the nightclub and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. 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. 30. 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. 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 32. Should t his business or alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 33. The quarterly gross sales of alcoholic beverages in the approved restaurants 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. 34. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 35. 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 Planning Commission Resolution No. 1797 Page 9 of 11 beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 36. All parking in conjunction with this use shall be confined to the parking lots over which the applicant has written rights to park. If, in the opinion of the Planning Director, the proposed use creates parking congestion at the site the applicant shall immediately resolve the congestion problem by reducing attendance until the parking congestion is eliminated and parking is properly managed. The Planning Director has the discretion to require the preparation of a revised parking management plan and /or require valet parking on an off-site location. 37. The Planning Director shall review Panini Garden Bistro operation with the extended food service hours two years from the effective date of this approval, December 17, 2009, and report to the Planning Commission. Fire Department Conditions 38. Covers for outdoor patios require building permits including providing the required canopy fabric to meet NFPA 701 for the Fire Department. 39. The appropriate building permits shall be obtained to install fire sprinklers that shall be provided underneath the canopies. 40. Open flame assembly occupancy requires approval from the Fire Department. Obtain the appropriate permits for fire pits beneath the canopies on the Red Night Club Patio 1, Ten Asian Bistro Patio 1, and Panini Garden Bistro Patio 1. 41. The applicant shall obtain the appropriate building permits and install a manual fire alarm system with an emergency voice /alarm communications system as required in accordance with Section 907.2.1 of the California Fire Code. 42. Prior to the issuance of building permits, plans for the installation of the fire alarm system must be submitted to the Newport Beach Fire Department for review and approval. 43. All exits shall remain free of obstructions and available for ingress and egress at all times. 44. Alterations to the interior of the existing structure may require alteration to the existing fire sprinkler system. Plans and permit application must be submitted for the alteration of the automatic sprinkler system prior to the issuance of building permits. 45. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. Planning Commission Resolution No. 1797 Paae 10 of 11 Building Department Conditions 46. The applicant shall obtain the appropriate building permits for the as -built addition of the 403 - square -foot restroom facilities within the Red Night Club area. 47. Prior to the final inspection of building permits and the issuance of the certificate of occupancy, 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_ 48. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 49. A grease interceptor of adequate size may be required in association with food preparation activities pursuant to the Building Code. 50. Prior to the issuance of building permits, approval from the Orange County Health Department is required 51. Prior to issuance of a Building Pen-nit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 52. Prior to the final of building permits, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 53. 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. 54. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. Planning Commission Resolution No. 1797 Pape 11 of 11 55. Valet parking is allowed upon approval of the Public Works Department. 56. Prior to issuance of a Building Permit, the applicant shall obtain an approved final parking management plan subject to review and approval by the City Traffic Engineer. The parking management plan shall include a parking lot signage plan if reserved spaces are proposed for any tenants. The parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site. The applicant shall comply with all of the City's property maintenance laws and ordinances. The parking management plan shall be implemented at all times.