HomeMy WebLinkAboutExhibit 5Exhibit No. 5
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RESOLUTION NO. 1671
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -018 FOR
PROPERTY LOCATED AT 4221 DOLPHIN STRIKER WAY
(PA2005 -087)
WHEREAS, an application was filed by Hamburger Mary's Bar and Grille with
respect to property located at 4221 Dolphin Striker Way, legally described as Parcel 1 of
Parcel Map No. 45 -23, requesting approval of an amendment to Use Permit No. 3162 to
allow the existing restaurant to have live entertainment and dancing.
WHEREAS, the subject property was originally developed as a restaurant in
1973 prior to the need to obtain a use permit. In 1985, Use Permit No. 3162 was
approved to allow an expansion to the existing restaurant.
WHEREAS, an amendment to Use Permit No. 3162 is required pursuant to
Section 20.82.060 (Changes in Operational Characteristics) of the Municipal Code since
the applicant proposes to add live entertainment performing with amplified sound and
dancing at the premises.
WHEREAS, a public hearing was held on July 7, 2005, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given. Evidence, both written and oral,
was presented to and considered by the Planning Commission at this meeting.
WHEREAS, the site is designated Administrative, Professional & Financial
Commercial by the General Plan Land Use Element and is zoned PC District 11
(Newport Place Planned Community District). Eating and drinking establishments with
live entertainment and dancing as accessory activities are conditionally permitted uses.
WHEREAS, the location of the existing eating and drinking establishment
requiring this Use Permit for live entertainment and dancing, and the proposed
conditions under which it will be operated and maintained, is consistent with the General
Plan and the purpose of the PC District 11 in which the site is located; will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not be
detrimental to the properties or improvements in the vicinity or to the general welfare of
the City for the following reasons:
1. The existing restaurant is located within the airport commercial area and
surrounding land uses are dominated by commercial and professional offices.
Restaurant uses with dancing and live entertainment can be expected to be found
in this and similar locations and are complimentary to the commercial uses.
2. The restaurant site is not located in close proximity to residential districts; and
there are no sensitive uses such as residences, day care centers, schools,
playgrounds or hospitals located in the close vicinity of the project site.
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City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 7
3. The restaurant with the accessory live entertainment and dancing has been
conditioned to require strict adherence to safety, parking and noise regulations.
WHEREAS, the project qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Facilities) that allows the
operation and alteration of existing facilities with no expansion of use. The addition of
live entertainment and dancing with the remodeling of the existing restaurant meets this
criteria.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2005 -018, subject to the Conditions set forth in Exhibit "A."
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2005.
AYES: Eaton, Hawkins, Cole, Toerae
Tucker and Henn
ABSENT: McDaniel
NOES: None
BY:
Michas oerge, airman
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City of Newport Beach
Planning Commission Resolution No.
Paae 3 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2005 -018
1. The restaurant operation shall be in substantial conformance with the approved
plot plan and floor plan, dated received June 3, 2005.
2. A minimum of one parking space for each 40 square feet of "net public area"
shall be provided for the subject restaurant.
3. A minimum of 16 off -site parking spaces shall be provided on property described
as Parcel No. 1 of Parcel Map 83 -705, located at 1500 Dove Street and 4141
MacArthur Boulevard. Said parking spaces shall be provided for the duration of
the restaurant use.
4. The applicant shall maintain the recorded covenant against the property
comprising the approved off - street parking location, the form and content of
which is acceptable to the City Attorney, binding the applicant and its successors
in interest in perpetuity, to provide a minimum of 16 parking spaces for the
subject restaurant. This covenant shall continue in effect until such time as the
restaurant has been discontinued or suitable replacement parking is provided at
a location acceptable to the Planning Commission.
5. The restaurant employees shall be required to use the 16 off -site parking spaces.
6. The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit
upon a determination that the operation which is the subject of this Use Permit
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
7. Use Permit No. 2005 -018 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.
8. Hours of operation shall be confined to 11:00 a.m. to 2:00 a.m., seven days a
week.
9. Prior to the commencement of live entertainment activity, the applicant shall
obtain a Live Entertainment Permit from the City Manager Office. No audible
paging system shall be allowed outside the building.
10. There shall be no amplified music allowed in the proposed smoking patio at any
time.
11. An employee of the restaurant or a hired security guard shall be present in the
smoking patio at all times that alcoholic beverages are being served or
consumed on the smoking patio.
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City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 7
12. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include
the service of alcoholic beverages, without first obtaining an approved Special
Event Permit as issued by the City of Newport Beach.
13. Prior to the commencement of patron dancing, the applicant shall obtain a Cafe
Dance Permit from the City Manager Office. Dancing shall be limited from 9:00
p.m. to 2:00 a.m., Thursday through Sunday.
14. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
15. This Use Permit shall be terminated if the operation is no longer maintained as a
"bona fide public eating place" as defined by the California Department of
Alcoholic Beverage Control.
16. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
17. A grease interceptor of adequate size shall be required in association with food
preparation activities.
18. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use will be cause for
revocation of this permit.
19. Any event or activity staged by an outside promoter or entity, where the
restaurant owner or his employees or representatives share in any profits, or pay
any percentage or commission to a promoter or any other person based upon
money collected as a door charge, cover charge or any other form of admission
charge, including minimum drink orders or sale of drinks is prohibited.
20. The approval of this Use Permit does not permit the premises to operate as a
bar, tavern, cocktail lounge, nightclub or commercial recreation and
entertainment use as defined in Section 20.05.050.1 of the Municipal Code.
21. Strict adherence to maximum occupancy limits of is required. Prior to the final
building permits, the location of maximum occupancy postings in sections of the
building and smoking patio shall be inspected and approved by the Building
Department or Fire Department to ensure the location is readily visible to
employees, patrons and public safety personnel.
22. The placement and use of the skill games (pool tables or other amusement
devices) shall be in accordance with the provisions of Chapter 5.34 of the
Municipal Code and the appropriate permit shall be obtained from the Revenue
Division. The restaurant shall be limited to a maximum of 6 skill games and one
jukebox, as defined by Chapter 5.34 of the Municipal Code.
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City of Newport Beach
Planning Commission Resolution No.
Page 5 of 7
23. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for
the specified time periods unless the ambient noise level is higher. If the ambient
noise level is higher, noise from the use shall not exceed the ambient noise level.
24. Alcoholic beverage consumption shall only be permitted within the licensed
premises which include the indoor dining and smoking patio areas.
25. No "happy hour' type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full service
menu.
26. All owners, managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage
Service or other certifying /licensing body, which the State may designate. The
establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's,
manager's and employee's successful completion of the required certified
training program shall be maintained on the premises and shall be presented
upon request by a representative of the City of Newport Beach within sixty (60)
days upon hiring.
27. The eating and drinking establishment 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 the operator fails to discourage or correct
nuisances, the Planning Commission may review, modify or revoke this Use
Permit in accordance with Chapter 20.96 of the Zoning Code.
28. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control 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
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Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
I 65dBA
N/A
60dBA
24. Alcoholic beverage consumption shall only be permitted within the licensed
premises which include the indoor dining and smoking patio areas.
25. No "happy hour' type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full service
menu.
26. All owners, managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage
Service or other certifying /licensing body, which the State may designate. The
establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's,
manager's and employee's successful completion of the required certified
training program shall be maintained on the premises and shall be presented
upon request by a representative of the City of Newport Beach within sixty (60)
days upon hiring.
27. The eating and drinking establishment 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 the operator fails to discourage or correct
nuisances, the Planning Commission may review, modify or revoke this Use
Permit in accordance with Chapter 20.96 of the Zoning Code.
28. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control 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
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City of Newport Beach
Planning Commission Resolution No. _
Pape6of7
principal use of the facility. The sale of alcoholic beverages is prohibited for off-
site consumption. Any upgrade in the alcoholic beverage license shall be subject
to the approval of an amendment to this application and may require the approval
of the Planning Commission.
29. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period. The licensee shall maintain records that reflect
separately the gross sale of food and the gross sale 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.
30. Sales, delivery and consumption of alcoholic beverages will be restricted to and
within the confines of the building or patio of the premises and sales or delivery
of alcoholic beverages through any pass- through window is prohibited.
31. There shall be no exterior advertising or signs of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs that are clearly visible to the exterior shall constitute a violation of this
condition.
32. Storage outside of the building in the front, side or at the rear of the property shall
be prohibited, with the exception of the required trash container enclosure.
33. All deliveries shall be made on -site
34. The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors, which may include the provision of fully self -
contained dumpsters or may include periodic steam cleaning of the dumpsters, if
deemed necessary by the Planning Department. Cleaning and maintenance of
trash dumpsters shall be done in compliance with the provisions of Title 14,
including all future amendments (including Water Quality related requirements).
35 All trash shall be stored within the building or within dumpsters stored within a
trash enclosure (three walls and a gate), or otherwise screened from view of
neighboring properties except when placed for pick -up by refuse collection
agencies. The trash dumpsters shall have a top which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
36. Prior to 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.
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City of Newport Beach
Planning Commission Resolution No.
Page 7 of 7
37. Upon completion of private improvement work, any existing public improvements
surrounding the development site damaged by the private work shall be
reconstructed to the satisfaction of the City Engineer. The extent of such remedial
work which could include sidewalk, curb and gutter, driveway approaches, street
pavement, etc. shall be made at the discretion of the Public Works Department.
38. All existing weep holes along the westerly planter curb shall be plugged.
39. Provisions shall be made for retaining on -site non - storm runoff on -site. Due to the
site's irregular configuration and to take advantage of increased economy, the
applicant may want to arrange with the neighboring property owners to implement
the required drainage provisions.
40. The west exit door shall swing outward and have panic hardware.
41. The outdoor smoking patio shall have an exit gate with panic hardware.
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