Loading...
HomeMy WebLinkAbout1900 - APPROVE MUP -2905 EAST COAST HWYRESOLUTION NO. 1900 A RESOLUTION OF THE PLANNING COMMISSION OF THE.CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -009 TO ALLOW A TYPE 47 (ON -SALE GENERAL) ALCOHOL LICENSE LOCATED AT 2905 EAST COAST HIGHWAY (PA2012 -070) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pand Realty, LLC, with respect to property located at 2905 East Coast Highway, requesting approval of a minor use permit. The property is legally described as Lot 1, Block G, Tract 323, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 14, Pages 40 and 41 of miscellaneous maps, records of Orange County, California. Excepting therefrom the portion of the 14 -foot alley abutting said Lot 1 on the southwest, vacated by the City of Newport Beach. Also excepting therefrom the following: beginning at the most westerly corner of said Lot 1; thence northeasterly along the northwesterly line of said lot, a distance of 50 feet to a point; thence southeasterly along a line parallel with the rear or alley line of said lot and the prolongation thereof to its intersection with the southerly line of said lot; thence westerly along the southerly line of said lot to its intersection with the rear or alley line of said lot; thence northwesterly along said rear or alley line of said lot to the point of beginning. 2. The request is for a minor use permit for the Port Theater to allow the addition of a Type 47 (On -Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. The requested hours of operation for alcohol service are from 8:00 a.m. to 11:00 p.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily. Alcohol service during theater shows would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during theater shows that are limited to patrons over the age of 21. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC -B). 5. A public hearing was held on December 6, 2012 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. Planning Commission Resolution No. 1900 Paoe 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed project involves the addition of on -site alcoholic beverage service to an existing theater. Therefore, the use qualifies for a categorical exemption under Class 1, SECTION 3. REQUIRED FINDINGS. Alcohol Service In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The establishment is located within Police Department Reporting District 44 (RD 44). Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent residential Reporting Districts. The theater is located in the heart of Corona del Mar and East Coast Highway bisects RD44. Corona del Mar State Beach is also located in this reporting district, which draws thousands of visitors annually. While the crime rate is higher than adjacent residential reporting districts, the crime rate for RD 44 is lower than the Citywide crime rate and the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater for RD 44 than for adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. Tmplt: 05/16/2012 Planning Commission Resolution No. 1900 Page 3 of 9 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. Residential units are located 60 feet west of the subject property on Heliotrope Avenue. The project site is not located in close proximity to a daycare center, hospital, or park. Sherman Gardens is located approximately 780 feet to the north of the subject property. Corona del Mar State Beach and the Oasis Senior Center are located in the vicinity approximately 1,500 feet to the west and east, respectively. The nearest church, Community Church Congregational of Corona Del Mar, is located 375 feet to the northeast of the subject property on Heliotrope Avenue across East Coast Highway. The nearest school, Harbor View Elementary School, is located 1,000 feet to the northeast of the subject property. The proposed use is surrounded by other commercial retail and office uses along East Coast Highway. Old Corona del Mar is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on- site consumption. 1. There are three other establishments in the vicinity which provide alcohol service to patrons. These include the Port Restaurant, The Place, and Mayur. While the proposed establishment is located in close proximity to other establishments selling alcoholic beverages, the theater is a destination point for Old Corona del Mar, the use is different than other establishments selling alcoholic beverages, and the service of alcoholic beverages is acceptable for this location. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The addition of alcohol service is a new request to an existing theater use. As such, there are currently no objectionable conditions on -site related to the service of alcohol. 2. The theater is adjacent to a highly - traveled commercial area along East Coast Highway. It is anticipated that the establishment will serve residents and visitors within the vicinity. The addition of alcohol service to the concessions menu will complement the food service and provide convenience to patrons of the theater. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Tmplt: 05/16/2012 Planning Commission Resolution No. 1900 Paqe 4 of 9 Facts in Support of Finding The General Plan Land Use Element designates the subject property as Corridor Commercial (CC), which is intended to provide a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing landmark theater is consistent with the land uses permitted in the CC land use designation. 2. The addition of alcohol service to the existing landmark theater and food concessions is compatible with the land uses permitted within the surrounding neighborhood. 3. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The zoning designation for the subject property is Commercial Corridor (CC), which is intended to provide for areas appropriate for a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing landmark theater is a permitted use within the CC zoning district and is consistent with the standards of the Landmark Structures ordinance. 2. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at the theater and is required to comply with all applicable Municipal regulations. 3. The proposed use is consistent with the standards and permit requirements of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity, Facts in Support of Finding 1. The allowed uses in the vicinity include retail, office, and restaurant commercial uses. The existing theater and the proposed alcohol service are consistent with these surrounding land uses. 2. The remodeled theater is consistent with the requirements of Section 20.38.070 (Landmark Structures) of the Zoning Code, where parking demand, seating, and Tmplt: 05116/2012 Planning Commission Resolution No. 1900 Paqe 5 of 9 occupant loads are well below that prior to the remodel of the theater. Thus, on -site parking is not required for the theater use to continue. 3. A theater has operated in this location since 1949. The theater was recently remodeled and reopened in July of 2012. 4. Alcohol service within the theater will be restricted to the hours between 8:00 a.m. and 11:00 p.m., daily. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 6. The applicant will obtain Health Department approval. The establishment will comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The theater renovation was checked for compliance with all life safety requirements during plan check and field inspections. Site access is provided by two public streets. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing tenant space. 2. Tenant improvements are not required for the addition of alcohol service to the existing theater. The establishment will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Tmplt: 05/16/2012 Planning Commission Resolution No. 1900 Page 6 of 9 Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. Alcohol service within the theater will serve the surrounding neighborhood of Corona del Mar. The proposed establishment will provide alcohol service as a public convenience to the surrounding neighborhood. The service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. Alcohol service will not be provided after 11:00 p.m., daily, preventing late night detrimental impacts to the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -009 (PA2012 -070), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 61h DAY OF DECEMBER, 2012. AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: Ameri WA rman Brandt, Ex{officio Secretary Tmplt: 05/16/2012 Planning Commission Resolution No. 1900 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Minor Use Permit No. 2012 -009 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Minor Use Permit. 5. This Minor Use Permit may be modified or revoked by the 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. 6. Should the property 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. 7. There shall be no alcoholic beverage sales, service, or consumption permitted after 11:00 P.M. 8. No more than two alcoholic beverages shall be sold or served to any one person at any one time. Bottle service shall be prohibited with the exception of wine. 9. On the second level mezzanine, alcoholic beverage service and consumption shall be permitted, which shall only be accessible by patrons 21 years or older when alcohol is served during public events. On the lower level of the theater, alcoholic beverage service and consumption shall only be permitted when the shows or screenings are restricted to patrons 21 years and older during public events. 10. Access to the second level mezzanine when alcohol is served shall be strictly monitored during public events. Tmplt: 05/1 612 01 2 Planning Commission Resolution No. 1900 Page 8 of 9 11. Prior to implementation of this Minor Use Permit, a comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. 12. All persons selling alcoholic beverages shall be over the age of 21 and 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. 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. 13. Approval does not permit the venue to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves such permit. 14. Alcohol service and consumption for public events shall only be permitted in conjunction with theater use and uses authorized by the Landmark Structures Ordinance (Section 20.38.070 of the Newport Beach Municipal Code) as the same may be amended from time to time. This condition does not prohibit alcohol service and consumption during show intermissions and other routine breaks in entertainment. The applicant shall not license or grant a concession for the premises to an outside promoter or other event coordinator. 15. The sale of alcoholic beverages for consumption off the premises is prohibited. 16. The applicant shall not share any profits or pay any percentage or commission to any outside promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 17. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 18. There shall be no dancing allowed on the premises at public events. 19. Strict adherence to maximum occupancy limits is required. 20. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 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 Tmplt: 05/16/2012 Planning Commission Resolution No. 1900 Pace 9 of 9 beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior shall constitute a violation of this condition. 22. 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. 23. 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 Community Development Director, and may require an amendment to this Minor Use Permit. 24. [deleted] 25. A Special Event Permit shall be required for any event or promotional activity that involves more than 350 occupants or operates outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses; judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the City's approval of the Port Theater Alcohol Service including, but not limited to, Minor Use Permit No. UP2012 -009 (PA2012 -070). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 27. The operator as well as any future operators of the theater shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. The Operator License may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the theater. 28. A maximum of one broadcast shall be permitted on the screens in the theater. Tmplt: 05116/2012