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HomeMy WebLinkAbout1632 - APPROVE UP AMENDMENT _2118 WEST OCEAN FRONTRESOLUTION NO. 1632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3607 FOR PROPERTY LOCATED AT 2118 WEST OCEAN FRONT (PA2004 -058) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, An application was filed by Les Bobbitt, on behalf of Blackie's by the Sea, with respect to property located at 2118 West Ocean Front, and legally described as Lot 6, Block 21, Newport Beach Tract, requesting approval of an amendment to Use Permit No. 3607 that would authorize a change of business hours allowing the existing bar to operate from 10:OOAM to 1:OOPM daily. The site is designated Retail and Service Commercial by both the General Plan Land Use Element and the Cannery Village /McFadden Square Specific Plan (SP- 6). WHEREAS, the proposed conditions under which the bar would be operated or maintained is consistent with the General Plan and the purpose of the Cannery Village /McFadden Square Specific Plan (SP -6) in which the establishment is located since the use is permitted by both the general and specific plan. WHEREAS, the existing bar was established prior to the requirement of a use permit. In conjunction with a request to upgrade its ABC license, the City required and approved Use permit No. 3607. WHEREAS, an amendment to Use Permit No. 3607 is required pursuant to Section 20.82.060 (Changes in Operational Characteristics) of the Municipal Code, since the application proposes to extend the permitted hours of operation. WHEREAS, a public hearing was held on May 6, 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 Use Permit application including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the proposed change in permitted hours of operation of the existing permitted bar 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 bar is located in commercial area that includes several other bars and restaurants that have similar business hours and the area is dominated by commercial and visitor serving uses. Bar and lounge uses are expected to be found in this and similar locations and is complimentary to the surrounding commercial and mixed use area. City of Newport Beach Planning Commission Resolution No. Paqe 2 of 5 2. The existing and recommend conditions of approval require that noise generated from the facility not be audible off -site. The project design and operational characteristics, as conditioned, meet the intent of the Zoning Code and will minimize any adverse impacts on the surrounding area. WHEREAS, this project has been reviewed, and it has been determined that it is categorically exempt 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. NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 3607 subject to the conditions of approval 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MAY 2004. AYES: Eaton, Cole, Toerge, McDaniel, Selich. Kiser and Tucker NOES: None ABSENT: None B Earl McDaniel, Chairman BY: A/11 MiC el Toerge, Secretary City of Newport Beach Planning Commission Resolution No. Paae 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED USE PERMIT NO. 3607 The development shall be in substantial conformance with the approved site plan and floor plan dated March 10, 2004. 2. The permitted hours of operation are 10:00 a.m. to 1:00 a.m. daily except that during the months of December and January when the establishment is permitted to open at 9:30 a.m. 3. The approval is only for the establishment of a bar type establishment as defined by Title 20 of the Municipal Code, with the principal purpose being the sale and service of alcoholic beverages with incidental food service. 4. 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 5. Live entertainment and dancing shall be prohibited, unless an amendment to this Use Permit or other required application is first approved in accordance with the provisions of the Municipal Code. 6. This approval shall not be construed as permission to allow concerts or a theater /night club as defined by the Municipal Code, unless an amendment to this Use Permit is first approved by the Planning Commission. 7. The development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 8. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. 9. The bar facility shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Planning Commission. 10. The placement and use of skill games (pool tables or other amusement devices) shall be in accordance with the provision of Chapter 5.34 of the Newport Beach Municipal Code and the appropriate permit shall be obtained from the Revenue Manager. Further, the facility shall be limited to a maximum of 6 skill games and one juke box, as defined by Chapter 5.34 of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. Page 4 of 5 11. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 12. 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. The operator of the facility may be required to provide periodic steam cleaning of the public sidewalk s determined by the Public Works Department. 13. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. Storage or display outside of the building in the front or rear of the property is prohibited. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. The establishment shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial grease disposal. 17. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 18. A wash -out area for refuse containers and kitchen equipment shall be provided and 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 alternate drainage plan. 19. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 20. Amended Use Permit No. 3607 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. City of Newport Beach Planning Commission Resolution No. Paae 5 of 5 21. Prior to the implementation of the increased hours of operation, the operator shall post in a space readily visible to patrons, employees and public safety personnel the maximum occupancy for the establishment. The operator should contact the Code and Water Quality Enforcement Division to schedule a site inspection to verify compliance with this requirement. 22. Prior to the implementation of the increased hours of operation, 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. 23. Prior to the implementation of the increased hours of operation, 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. 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. 24.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. 25.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.