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HomeMy WebLinkAbout1636 - APPROVE UP_ 849 NEWPORT CENTER DRIVERESOLUTION NO. 1636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -007 FOR PROPERTY LOCATED AT 849 NEWPORT CENTER DRIVE (PA2004- 045) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Ozumo Newport, LLC with respect to property located at 849 Newport Center Drive, and legally described as Lot 18 of Tract No. 6015, requesting approval of a Use Permit to allow a permitted restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcohol Beverage License. WHEREAS, a public hearing was held on May 20, 2004, 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 Retail and Service Commercial by the General Plan Land Use Element and zoned PC District 35 (Fashion Island Planned Community). Restaurants with accessory alcohol service are permitted uses within these designations. WHEREAS, the proposed location of the alcoholic beverage outlet and the proposed conditions under which it will be operated and maintained, is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance); 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 Use Permit pertains to the on -site consumption of alcoholic beverages in conjunction with a permitted restaurant to be operated within a building that is designated and zoned for this activity. The use has been conditioned to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, fine dining restaurant that is complementary to the surrounding uses within Fashion Island. Alcohol service is typical and expected by the public in a full - service, fine dining restaurant setting. 3. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 5 4. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. 5. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcoholic related crime. 6. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. WHEREAS, the project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2004 -007, 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 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 20th DAY OF May 2004. AYES: Eaton, Cole, Toerge, McDaniel Selich. Kiser and Tucker NOES: None B 151()�!A �_. - Earl McDaniel, Chairman BY: Pa" 60, LAftQ ,f,X - 012�'Go 6 QCra -611, Ak Michael Toergef, Secretary City of Newport Beach Planning Commission Resolution No. _ Pacle 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -007 1. The development shall be in substantial conformance with the approved floor plan dated February 12, 2004. 2. Use Permit No. 2004 -007 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. Hours of operation shall be from 11:00 a.m. to 1:00 a.m., Monday through Saturday, and Sunday from 11:00 a.m. to 11:00 p.m. 4. 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. 5. No live entertainment shall be permitted in conjunction with the restaurant unless a live entertainment permit is first obtained. Background music provided through the restaurant's internal system or by a disc jockey is permitted. No audible paging system shall be allowed outside the building. 6. There shall be no dancing allowed on the premises without the issuance of a Cafe Dance Permit. 7. 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. 8. 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. 9. 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. City of Newport Beach Planning Commission Resolution No. Paae 4 of 5 10. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 11. A grease interceptor of adequate size is required in association with food preparation activities. 12. 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. 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. 13. 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 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. 14. 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. 15. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 16. 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. 17. 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. City of Newport Beach Planning Commission Resolution No. Page 5 of 5 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. 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 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. Between the hours of Between the hours of TOOAM and 10:OOPM and 10:00PM TOOAM 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 50dBA Commercial Property N/A 65dBA N/A 60dBA 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. 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 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited.