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HomeMy WebLinkAbout1782 - APPROVE UP_ 127 MARINE AVERESOLUTION NO. 1782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -002 TO ALLOW A MAJOR CHANGE IN OPERATIONAL CHARACTERISTICS OF AN EXISTING RESTAURANT AND THE OPERATION OF AN ALCOHOLIC BEVERAGE OUTLET LOCATED AT 127 MARINE AVE (PA 2009 -014) WHEREAS, an application was filed by Balboa Island Village Inn, Inc., with respect to property located at 127 Marine Avenue, and legally described as Balboa Island Section 4, Lot 15, requesting approval of a use permit; and WHEREAS, the subject property is located within the Retail and Service Commercial District with a Residential Overlay and is subject to the requirements of Chapters 20.15, 20.52, and 20.82 of the Zoning Code which require a use permit for a major change in the operational characteristics of an existing eating and drinking establishment; and WHEREAS, a substantial change in the character of operation of an alcoholic beverage outlet requires a use permit under the provisions of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets); and WHEREAS, a use permit for an increase in the number of seats in the bar, which constitutes a major change in the operational characteristics of an existing eating and drinking establishment, 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: 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 (RSC) District with a Residential Overlay. The residential overlay allows all of the permitted uses of the base district with residential allowed above the first floor. The purpose of the RSC District is to provide areas which are predominantly retail in character but which allow some service office uses. The existing restaurant with alcohol sales is a retail sales use which serves residents and visitors and, therefore, is consistent with the purposes of the RSC District. • Subject to the approval of a use permit by the Planning Commission, a restaurant use with alcoholic beverage service is permitted within this district. Use permits enable the City to control certain uses which could have detrimental effects if not compatible with uses on adjoining properties and in the surrounding area. The Village Inn restaurant use with alcohol sales is compatible with the uses in this district, including the other restaurants, ice cream and frozen yogurt shops, clothing boutiques, hair salons, and coffee shops along Marine Avenue. The proposed application does not present any conflicts with the purpose and intent of this district. Planning Commission Resolution No. Paqe 2 of 7 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: • The project site is designated as Mixed Use Water Related (MU -W2) by the Land Use Element of the General Plan. The proposed project is consistent with the MU -W2 land use category, which is intended to provide for marine - related uses including retail, restaurants, and visitor - serving uses with residential on the upper floors. • The proposed hours of operation, Sunday through Thursday from 9:00 a.m. to 12:00 a.m. and Friday and Saturday from 9:00 a.m. to 2:00 a.m. will not significantly change characteristics of the existing commercial area, and will a provide a benefit to customers by serving breakfast. • The Newport Beach Police Department has reviewed the project, has no objections to the basic operations as described by the applicant, and considers the Village Inn to be a community asset. • If the Use Permit is approved, the conditions imposed on the Village Inn will reduce any possible detriment to the community by ensuring continued consistency with the intent and purpose of Chapters 20.82 and 20.89. 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: • Eating and drinking establishments are subject to the requirements of Chapter 20.82 of the Municipal Code. Pursuant to this Chapter, a use permit is required for a major change in operational characteristics, including the increase in the number of seats of a bar by more than 15 percent. The operator of the Balboa Island Village Inn, Inc. has applied for a building permit to remove dining room seating in order to expand the bar area. This proposed construction will reduce the net public area because a portion of the customer service area will be converted to an area used by employees. In addition, the number of seats at tables and booths will be reduced by 20 and the number of bar seats increased by 18. • Chapter 20.62 (Nonconforming Structures and Uses) of the Municipal Code allows for interior alterations to be made to structures that are nonconforming due to deficient parking. Approval of the Use Permit will not intensify the existing use because the net public area and number of seats will be reduced. Because the application only proposes Planning Commission Resolution No. interior alterations and does not intensify the use, the Use Permit may be approved without providing the parking that would otherwise be required. Further, the customers of the Village Inn often live on Balboa Island and walk to this destination. • The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 of the Municipal Code as they relate to the operation of the proposed project. These conditions include restrictions on the hours of operation, and prohibition of "happy hour" reduced alcohol beverage prices that would promote sale of such beverages except when served in conjunction with food ordered for the full service menu. Employees serving alcoholic beverages will receive training in responsible methods and skills for serving and selling alcoholic beverages, the exterior of the Village Inn will be maintained free of litter and graffiti at all times, and the owner or operator will provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. 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 project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the operation of existing facilities involving negligible expansion of use; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -002, 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. Planning Commission Resolution No. Page4of7 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009. AYES: Eaton, Unsworth, Hawkins, Peotter Toerge and Hillgren NOES: McDaniel M Planning Commission Resolution No. Paae 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PROJECT SPECIFIC CONDITIONS ARE IN ITALICS 1. The development shall be in substantial conformance with the approved site plan and floor plans, except as modified by applicable conditions of approval. 2. All proposed signs or displays shall be in conformance with Chapter 20.67 of the Newport Beach Municipal Code. 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 Use Permit. 5. 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. 6. 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. 7. Any change in operational characteristics, 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. 8. 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. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 10. Should the business or 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. 11. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that Planning Commission Resolution No. Paoe 6 of 7 produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 12. No outside paging system shall be utilized in conjunction with this establishment. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 14. 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). 15. 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. 16. 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. 17. 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. 18. 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. 19. A Special Event 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. 20. 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. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Planning Commission Resolution No. Paoe 7 of 7 21. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 22. No alcoholic beverages shall be consumed on any property adjacent to licensed premises under the control of the licensee. 23. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered for the full service menu. 24. Petitioner shall not share any profits or pay any percentage or commission to a 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. 25. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and 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 effective date of this use permit. 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 26. There shall be no on -site radio, television, video, film, or other electronic media broadcast, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 27. There shall be no dancing allowed on the premises. 28. Upon request of the Police Department, or with a change or transfer of the Alcoholic Beverage Control license, a security plan shall be submitted to the Police Department for review and approval. 29. The hours of operation shall be limited to between 7:00 a.m. and midnight, daily. 30. The Use Permit shall be reviewed by the Planning Commission one year after the conclusion of the appeal period. The applicant shall make a good faith effort towards a goal of increasing the percentage of food sales to 40 percent or more by the one -year review period. 31. After 8:00 p.m., the second set of doors to the west of the main entrance doors on Park Avenue shall be used for emergency use only.