Loading...
HomeMy WebLinkAbout2004-80 - 2601 W Coast Highway - PA2003-220 - Use Permit 2003-036RESOLUTION NO. 2004- 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND APPROVING USE PERMIT NO. 2003 -036 AS MODIFIED FOR PROPERTY LOCATED AT 2601 W. COAST HIGHWAY (PA2003 -220) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Random Interactive, Inc., with respect to property located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting approval a Use Permit to expand the operation of a restaurant named Josh Slocum's Dinner and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License, by increasing the occupancy, extending the hours of operation to include periodic lunch service and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m., every night. The request also includes a modification of minimum parking requirements since the use does not provide code required parking. WHEREAS, the existing restaurant was originally established prior to the requirement for restaurants to obtain a Use Permit, therefore, it is a legal nonconforming use. WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in Operational Characteristics) of the Municipal Code since the application proposes changes to the operational characteristics of the establishment by extending the hours of operation to include periodic lunch service, increasing the building occupancy load and providing a nightclub with live entertainment. WHEREAS, the site is designated Recreational and Marine Commercial by the General Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, on May 6, 2004, the Planning Commission unanimously modified and approved the Use Permit request only to allow the expansion of the legal nonconforming restaurant and denied the request to operate the nightclub. The approval of the Use Permit allows the restaurant to open from 5:00 p.m. to 2:00 a.m., Monday through Friday and for lunch from 11:00 a.m. to 2:00 a.m., Saturday and Sunday; and to increase the occupancy from 133 to 143 persons with a parking waiver of 3 parking spaces. WHEREAS, on May 20, 2004, Bill Hodge of Hodge and Associates, the authorized agent for Random Interactive, Inc., filed an appeal of the Planning Commission's decision to deny the nightclub aspect of the Use Permit application for Josh Slocum's Dinner and Supper Club. The stated reason for the appeal was that the project with suggested conditions would meet noise standards, parking standards, occupancy standards, and traffic circulation standards; and that the appellant also agreed to further noise attenuation measures. WHEREAS, on June 22, 2004, the City Council conducted a public hearing and continued the appeal of the Planning Commission's decision to July 13, 2004 in order for staff to provide the City Council with a list of calls for service at the establishment from the period of June 1, 2003 to June 21, 2004 and a list of establishments currently operating with live entertainment and /or dancing within the Mariner's Mile District. WHEREAS, on June 29, 2004, the appellant submitted a written request to continue the appeal to August 24, 2004. The request was to allow the appellant additional time to explore different options in addressing traffic /parking related concerns and to review the list of calls for service compiled by the Police Department. WHEREAS, a public hearing was held by the City Council on August 24, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application including submitted plans and other evidence, both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, the proposed expansion of the existing restaurant 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 project is located in a water front commercial area that also includes several other restaurants. Surrounding land uses are dominated by retail marine commercial and visitor serving uses including restaurants. Restaurants are expected to be found in this and similar locations in the city and the uses are complimentary to the surrounding commercial area. 2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays, and holidays and the increased occupancy load has been conditioned in such a manner to require strict adherence to safety regulations. Additionally, increased off -site parking will be provided. The project design and operational characteristics, as conditioned, meet the intent of the Zoning Code. 3. With the proposed off -site parking arrangement, valet parking plan, and future traffic improvements required by the Traffic Engineer, the site will conducive to the increased intensity of use as a restaurant operation. WHEREAS, the request to increase the occupancy of the existing restaurant from 133 to 143 persons would thereby increase the level of alcohol consumption on the premises, and could potentially raise the level of alcoholic related incidents that have been the concern from the Police Department, has necessitated the requirement of applicable conditions for the existing ABC Type "47" License. WHEREAS, the proposed increased use of off - street parking with the restaurant portion of the project is acceptable for the following reasons: 1. The location of the off -site parking lot (2700 West Coast Highway) is useful in conjunction with the establishment given its close proximity to the project site. The lot is located approximately 275 feet north of the project site on the west side of Tustin Avenue. 2. Pedestrian access between the off -site lot and the project site is accommodated on public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and Coast Highway. 3. Undue traffic hazards will not be created in the surrounding area with the implementation of a valet/parking management plan and signal improvements requested by the Traffic Engineer. The off -site parking lot is served by adequate street access from Tustin Avenue via an existing improved public alley. WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the surrounding area due to the presence of a municipal parking facility in the immediate vicinity. The entrance to the parking lot is approximately 425 feet north of the project site on the east side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and the crosswalk at a signalized intersection. WHEREAS, the proposed nightclub operation at the site will 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 be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The subject site is not adequate in size to support the proposed nightclub activities due the lack of on -site parking. The site provides only 18% of the minimum required parking. The establishment has and will attract larger crowds than it is designed to accommodate resulting in increased noise, traffic, trespassing and loitering. The site does not provide adequate area for patron entry queuing as it primarily occurs in the parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom facilities. 2. The increase use of the off -site parking lot will create increased noise, traffic and general activity during late night hours. The off -site parking lot is located near residences on Tustin Avenue and Ocean View Avenue. 3. The building that would house the nightclub use is not constructed with maximum sound attenuation features. Although additional sound attenuation measures and operational restrictions can be required, noise impacts associated with live entertainment cannot be entirely mitigated. 4. The increased traffic and access needs for the nightclub are not provided at the Coast Highway/Tustin Avenue intersection. This intersection is not presently designed to accommodate added traffic and access due to the lack of the fourth leg of signalization. Providing the fourth leg of signalization is not guaranteed due to the participation of the abutting property owner and Caltrans. Increased access to the site can result cars queuing along Coast Highway while waiting for valet parking services thereby creating a traffic hazard. 5. The establishment is located within Report District No. 25 where the number of crimes is 75% higher that the citywide average. The total crimes in the adjacent two reporting districts are also higher than the citywide average. The Police Department believes the nightclub activity has in the past and will continue to contribute to higher alcohol - related incidents and crime, which is detrimental to the community. WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the proposed project is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach hereby denies the appeal and upholds and affirms the Planning Commission decision and approves Use Permit No. 2003 -036 as modified, to allow the expansion a legal nonconforming restaurant with a Type 47 (On -Sale General Eating Place) License subject to the Conditions of Approval set forth in Exhibit „A„ Section 2. The City Council of the City of Newport Beach hereby denies the request to allow a nightclub operation with live entertainment and dancing. PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2004. ATTEST.- / CITY CLERK AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None MAYOR EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO, 2003 -036 1. The eating and drinking establishment shall be in operated in substantial conformance with the site plan and floor plan for dining dated April 1, 2004. 2. Use Permit No. 2003 -036 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 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 operation characteristics, 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. Should the business, alcohol license or property be sold, transferred or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this use permit by the current owner(s), operator(s) or assignee(s). Future owners, operators or assignees shall submit, within 30 days of transfer or sale, a letter to the Planning Department acknowledging their receipt, acknowledgement and acceptance of the limitations, restrictions and conditions of approval of this permit. 7. 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, recyclable materials, litter, debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 8. The primary use, as depicted on the approved plans, is an eating and drinking establishment and restaurant. The operational character of the use shall not be changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or commercial recreational entertainment venue is not an authorized use whatsoever. 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from the use 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. 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music and /or audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. 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. 13. 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. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. 16. A full meal service menu shall be available for ordering at all times that the restaurant is open for business. 17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy postings in the establishment shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and Between the hours of Between the hours of TOOAM and 10:OOPM and 1 10:OOPM TOOAM Location Interior ! Exterior Interior Exterior Residential Property 45dBA i 55d BA ! 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA ! 50dBA property Mixed Use Property 45dBA 60dBA 45dBA ':. 50dBA Commercial Property N/A 65dBA N/A 60dBA 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music and /or audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. 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. 13. 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. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. 16. A full meal service menu shall be available for ordering at all times that the restaurant is open for business. 17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy postings in the establishment 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. Maximum occupancy load for the restaurant operation shall be 143 persons. Strict adherence to maximum occupancy limits is required. 18. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 19. All entry doors of the establishment shall remain closed at all times except for the ingress and egress of patrons and employees. All emergency exists shall remain operable at all times. The use of the side doors shall be limited to deliveries and employee use only and normal ingress and egress by patrons is prohibited except in the event of an emergency. 20. 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. 21. All employees shall park either on the subject site or the off -site parking lot or the municipal parking lot at all times. 22. A minimum of 43 parking spaces shall be provided for the subject property at all times. Thirteen (13) of these spaces shall be provided and maintained on -site at all times with adequate striping and wheel stops in accordance with Public Works standards. An off- site parking agreement, subject to the review by the City Attorney's office, shall be recorded on the title of the off -site parking lot property. The agreement shall guarantee a minimum of 30 off -site parking spaces for the uses authorized on the property. 23. Valet parking shall be provided for the restaurant use during all business hours. A final valet/parking management plan shall be approved prior to the issuance of a certificate of occupancy. The valet/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, except for the movable trailer uses for storing tables and chairs after business hours. The approved valet/parking management plan shall be implemented by the applicant or future operator of the restaurant at all times. Adequate valet personnel shall be provided to eliminate queuing onto Coast Highway. Valet personnel shall be stationed at the off -site locations while off -site lots are in use to minimize the need for valet personnel to cross Coast Highway on foot. Valet personnel shall only cross Coast Highway at the signalized crosswalk and obey all traffic laws. 24. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner or operator has written rights to park. If, in the opinion of the Planning Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by reducing attendance or increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised parking management plan. 25. A diagram of the location of the off -site parking lot shall be posted at the entrance of the restaurant at all times. 26. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 27. The on- and off -site parking lots shall have adequate lighting during hours of darkness for safety of customers and pedestrians. 28. The applicant shall work with the City and adjacent property owner to the east (2547 Coast Highway) to construct the fourth leg to the signalized Coast Highway/Tustin Avenue intersection. The fourth leg is a vital component to improve valet operation, by providing a signalized approach at the project driveway. The applicant shall be responsible for their share of the cost for the signal improvements. Should this signal improvement not be implemented, the City Traffic Engineer shall require, and the applicant shall be responsible for, the implementation of other corrective measures deemed necessary in order to ensure adequate and safe vehicular access and valet/parking operations. 29. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway. Deliveries shall be scheduled outside the peak operating hours of the restaurant so that all access will not be blocked. 30. 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 use permit approval. 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. 31. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 32. A grease interceptor of adequate size shall be required in association with food preparation activities pursuant to the Building Code. 33. A wash -out area for refuse containers and kitchen equipment shall be provided and the area shall not drain into the storm drain system. The area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited outside of the washout area. 34. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure or otherwise screened from view from neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The applicant or operator shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary. 35. 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. 36. The applicant or operator, his agents or employees shall immediately allow any properly identified on -duty Newport Beach Police Officer, no matter whether after normal business hours or not, access to the facility for purposes of conducting a lawful inspection of the premise operations at that particular time of the day and night. 37. The applicant or operator shall provide and maintain a clear 5 -foot 6 -inch entry corridor, as indicated on the floor plan dated April 1, 2004, into the main facility for emergency access. 38. The applicant or operator shall provide physical control points or other appropriate measures that would enable employees to regulate patrons in order to comply with occupancy limits. 39. 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 restaurant. The sale of alcoholic beverages for off -site consumption is prohibited. Any change in the alcoholic beverage license type shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 40. 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. 41. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 42. 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. 43. No food and /or alcoholic beverages shall be allowed in the "smoking" porch area. 44. 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 sales of alcoholic beverages. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City upon written request. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -80 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of August, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of August, 2004. (Seal) City Clerk Newport Beach, California