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HomeMy WebLinkAbout1783 - APPROVE AN AMENDMENT TO UP_105 MAIN STRESOLUTION NO. 1783 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3158 FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 105 MAIN STREET PERMITTING THE RECONFIGURATION OF FLOOR AREA ALLOCATED FOR RESTURANT DINING, THE INTRODUCTION OF LIVE ENTERTAINMENT WITHIN THE COVERED COURTYARD FOR PRIVATE EVENTS AND GENERAL RESTAURANT USE, AND THE MODIFICATION OF CONDITIONS OF APPROVAL RELATED TO LIVE ENTERTAINMENT (PA 2008 -197) WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located at 105 Main Street, and legally described as Lots 12, 13, 14, 15 & 16 in Block 10 of the Balboa Tract, requesting an approval of an amendment to Use Permit No. 3158 to: 1) reduce and reconfigure the floor area allocated for restaurant dining; 2) expand the venue for private events with live entertainment to include the use of the covered courtyard; 3) extend the hours for private events with live entertainment; 4) increase the number of private events with live entertainment permitted per month and remove a restriction that prohibits such events from occurring during the months of July and August; and 5) allow live entertainment for the patrons of the restaurant within the covered courtyard; and WHEREAS, a public hearing was held on March 19, 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the proposed reduction and reconfiguration of floor area allocated for restaurant dining reduces the total number of required parking spaces for the establishment to 37 spaces (previously 66 parking spaces required). Also, the temporarily closure of the bridge dining area when live entertainment is present within the covered courtyard adequately compensates for the increased parking requirement by reducing the total number of required parking spaces to 36 spaces. With the continued payment of the 24 space in -lieu parking fee, the required parking waiver is reduced to 13 spaces; and WHEREAS, a use permit has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail and Service Commercial land use designation of the Central Balboa Specific Plan District, which is intended to provide the Central Balboa area with commercial services for permanent residents and Planning Commission Resolution No. Page 2of9 visitors to the area. Hotel and restaurant uses are permitted within this designation with the approval of a use permit. The existing hotel operates pursuant to Use Permit No. 3683 and the existing restaurant operates pursuant to Use Permit No. 3158. The proposed expansion of live entertainment and dancing in association with the existing hotel and restaurant is consistent with this designation. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The expanded use of live entertainment within the existing hotel and restaurant, pursuant to the conditions of approval regulating operation and maintenance of the use, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non - residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail uses of the structure are consistent with this designation. b. Noise impacts and disturbances do affect the neighboring residential units, and without proper controls can prove detrimental to the surrounding community. By establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions contained in Exhibit "A" have been adopted to control potential noise - related problems and prevent the establishment from operating promoted parties and night club events open to the public. c. Live entertainment and dancing provided in association with a private event is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area. Expanding the venue of private events with live entertainment into the covered courtyard would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. d. The regular occurring live entertainment within the covered courtyard for restaurant patrons is intended to attract additional customers, particularly during the slower non - summer months. The reduction of the restaurant's total net public floor area provides a balanced restaurant/banquet venue that reduces the total parking demand. Also, the temporary closure of the bridge dining area when live entertainment is performed in the covered courtyard further reduces the impact on public parking that the expanded use of live entertainment may generate. Planning Commission Resolution No. Page 3 of 9 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment; however, the proposed reconfiguration of the dining areas results in a decrease in parking requirements. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. WHEREAS, the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off- season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn is an anchor to the Balboa Village community, contributing both to the economic vitality of Balboa Village and the community at large. The hotel contributes to City transient - occupancy tax and sales tax revenues, as well as increases visitor exposure to the area; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and WHEREAS, the requested expanded hours of operation for private events with live has been denied for the following reasons: 1. The results of the sound test performed by Giroux & Associated on September 17, 2008, show that both the live band and recorded DJ music exceed the City's allowable exterior noise standards at adjacent residential and commercial uses after 10:00 p.m. 2. The current hours of operation conditions are reasonable and can accommodate most typical weddings and private parties. The current restriction on the hours of operation also reduces the probability that the establishment will transform into a night club or lounge in the late evenings. 3. The Police Department cites that sworn personnel are currently required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, which is saturated with alcoholic beverage outlets. A majority of the problems encountered in the area include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. The area also experiences heavy vehicular and pedestrian activities on weekends, holidays and during the summer months. 4. The Police Department states that requested expanded hours of operation for private events create the potential for a large number of people exiting the establishment at once after attending an event where alcohol is served. This would increase the Planning Commission Resolution No. Page 4 of 9 likelihood of noise generated from the establishment negatively impacting nearby residences and resulting in neighbor complaints. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3158, subject to the Conditions set forth in Exhibit "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 19th DAY OF MARCH 2009. M BY: &U-zV <��t Barry Ea 6A, Secretary AYES: Unsworth, Hawkins. Peotter. McDaniel Toerge and Hillgren NOES: Eaton Planning Commission Resolution No. EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3158 Proiect Specific Conditions 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 3158 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The existing sound attenuating double pane doors located at the entry of the covered courtyard off the E. Ocean Front sidewalk shall remain closed at all times during events providing live entertainment, amplified music, and /or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. Patrons and employees shall be directed to enter and exit the facility from the open breezeway entrance accessed from Main Street. 4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. 5. That a minimum 3- foot -wide space shall be maintained between the edge of the bridge over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition) 6. That a minimum 3- foot -wide space shall be maintained between the edge of the buildings and any tables and chairs in the outdoor dining areas. (1986 Condition) 7. That all outdoor dining areas shall be clearly defined by poles and ropes, or other means approved by the Planning Department. (1986 Condition) 8. That the second floor tables and chairs shall be arranged so that they will not obstruct access to rooms or stairways. (1986 Condition) 9. That twenty -four (24) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the preliminary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. (1986 Condition) 10. Prior to instituting food service on the bridge over the City -owned East Ocean Front sidewalk, the applicant shall enter into an agreement with the City Attorney that fully protects the City against any loss or damage from injuries that are in any way related to the intensification of the use of the bridge. (1986 Condition) Planning Commission Resolution No. Page6of9 11. All doors and windows of the interior dining rooms shall remain closed after 10:00 p.m. on Fridays and Saturdays when live entertainment is permitted to occur until 11:00 p.m., except for ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self- closing hinges. 12. The use of live entertainment shall be permitted in the interior dining rooms and the covered courtyard only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. Such activities shall be prohibited within the bar and second floor deck and bridge dining areas. 13. Except as permitted by Condition Nos. 14 and 15, live entertainment and dancing shall be permitted in conjunction with private events only. The use of live entertainment and dancing shall be prohibited for any other events and uses open to the general public, including the use of a disc-jockey or karaoke. For the purposes of this condition, private events are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). 14. Live entertainment provided for restaurant patrons shall be restricted to the covered courtyard only, limited to a maximum of four days per week, and shall conclude by 9:30 p.m. 15. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the ambience of dining within the covered courtyard. Providing a dance floor or reconfiguring the tables and chairs to provide a dance /assembly area shall not be permitted. 16. Music levels must be maintained at 85 dBA or less within the covered courtyard and shall be periodically measured by the manager with a sound level meter maintained on the premises. 17. Private events held within the interior dining rooms shall conclude by 10:00 p.m. and any associated live entertainment shall conclude by 9:30 p.m., except on Fridays and Saturdays when such events (including live entertainment) must conclude by 11:00 p.m. 18. Private events held within the covered courtyard shall conclude at 10:00 p.m. and any associated live entertainment shall conclude at 9:30 p.m., seven days a week. 19. Private events with live entertainment shall be limited to a maximum of 96 events per year and no more than 12 events per month. 20. The use of strobe lights or other special lighting effects that are determined to produce visual impacts to the neighboring uses and residents are prohibited. (2007 Condition) 21. Dancing is permitted within the interior dining rooms and covered courtyard, as depicted on the approved set of plans, in association with private events only. Planning Commission Resolution No. Paae 7 of 9 22. Prior to the introduction of live entertainment or the issuance of a Live Entertainment Permit, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. (2007 Condition) 23. Two exits shall be provided within each interior dining room area. In -lieu of providing two exits within each room, the existing interior partition separating the two interior dining rooms shall be removed. (2007 Condition) 24.That the on -site development standards as they apply to walls, landscaping, parking lot illumination, a portion of the required parking and utilities, are waived. (1986 Condition) 25.The operation of live entertainment and dancing shall be reviewed by the Planning Commission 6 months from the effective date of this approval. The Planning Commission shall have the right to modify the terms and conditions of Use Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. The Planning Director may initiate a review in the interim if significant problems are identified. Standard Conditions 26. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 27.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. 28. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 29. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 30. 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. Planning Commission Resolution No. Paoe 8 of 9 31. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 32. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 33. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, live entertainment, pre - recorded amplified music, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 34. No outside paging system shall be utilized in conjunction with this establishment. 35.AII trash shall be stored within the building or within dumpsters stored in the trash enclosure. 36.Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 37. 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. 38. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 39. 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. 40. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 41. 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. 42.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 Planning Commission Resolution No. Paoe 9 of 9 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. 43.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. 44.All exits shall remain free of obstructions and available for ingress and egress at all times. 45. Strict adherence to maximum occupancy limits is required. 46. 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. 47. 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. 48.That a washout area for the restaurant's trash containers shall be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. (1985 Condition) 49.That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. (1985 Condition)