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HomeMy WebLinkAbout1712 - APPROVE UP_21123 NEWPORT COAST DRIVERESOLUTION NO. 1712 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -027, FOR A TYPE 47 LICENSE ALLOWING FOR ON -SITE SALE OF ALCOHOLIC BEVERAGES FOR PROPERTY LOCATED AT 21123 NEWPORT COAST DRIVE (PA2006 -223) WHEREAS, an application was filed by Zov's Bistro with respect to property located at 21123 Newport Coast Drive, and legally described as Parcel Nos. 1 & 2 of Parcel Map No. 2000 -160, requesting approval of a Use Permit to authorize the sale of alcoholic beverages (Type 47) for on -site consumption pursuant to Chapter 20.89 (Alcoholic Beverage Outlet) of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on January 4, 2007, 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; and WHEREAS, the property has a General Plan designation of Neighborhood Commercial and is zoned Newport Coast Planned Community (NPC -PC) and Newport Ridge Planned Community (NPR -PC). The property is presently improved with a neighborhood retail shopping center; and WHEREAS, the restaurant is permitted under the existing Site Development Permit issued by the County of Orange in 2000, in accordance with the Newport Ridge Planned Community regulations; and WHEREAS, the review of the Use Permit application is limited to the consideration of the alcoholic beverage service as required by Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and WHEREAS, the alcoholic beverage service complies with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) 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. 2. The convenience of the public can be served by the sale of alcoholic beverages in conjunction with a full - service, dining restaurant that is complementary to the surrounding uses within Newport Ridge and New Coast areas. Alcohol service is typical and expected by the public in a full -service 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. _ Pace 2 of 6 4. The number of alcohol licenses within the Reporting District and adjacent Reporting Districts is not higher than that of other census tracts within the City. 5. The percentage of alcohol - related arrests in the police Reporting District in which the project is proposed is higher than the percentage citywide; however, accessory on -site consumption of alcoholic beverages, based on expert opinion of the Police Department, is not expected to increase alcohol - related crime. 6. The shopping center is separated from other uses by roadways and there are no sensitive uses such as residences, day care centers, schools or hospital located in close proximity to the project site. WHEREAS, in addition to the required findings of Chapter 20.89 (Alcoholic Beverage Outlets), the Planning Commission is required to make the following findings pursuant to Chapter 20.91 (Use Permits and Variances): 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 restaurant and proposed ancillary alcoholic beverage service meet the intent of the Chapter 20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code and Newport Ridge Planned Community District Regulations as the existing restaurant use is permitted under the existing Site Development Permit in accordance with the Newport Ridge Planned Community regulations. The request for on -site consumption of alcoholic beverages to be operated in conjunction with a restaurant is allowed subject to the approval of a Use Permit. 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: Based on the review of the proposed operating characteristics of the restaurant including the hours of operations, the proposed service of alcoholic beverages will not significantly change the operational characteristics of the restaurant so as to result in additional parking and security demands. The principal use of the restaurant with on -site sale of alcoholic beverages will not likely be a detriment to the site or the community as the center is separated from other surrounding uses by roadways. The site is not immediately adjacent to sensitive land uses. All residential developments or playgrounds/parks within the area are separated from the shopping center by Newport Coast Drive, City of Newport Beach Planning Commission Resolution No. Page 3of6 San Joaquin Hills Road or Ridge Park Road. The existing Newport Coast Elementary School is approximately 235 feet from the restaurant site. 3. Finding: That the proposed use will comply with the provisions of this code, including specific conditions for the proposed use in the district in which it would be located. Facts in Support of Finding: The restaurant has been conditioned in such a manner as to require strict adherence to the Alcoholic Beverage Outlets Development and Operational Regulations (Section 20.89.050). WHEREAS, the project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new restaurant are minor in nature and are within the tenant space that was formerly occupied by a similar restaurant and approval of a Use Permit for on -site sale of alcoholic beverages is not a project pursuant to CEQA. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -027, 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 4th DAY OF JANUARY 2007. AYES: Eaton, Peotter, Hawkins, Cole, McDaniel and Toerge NOES: None BY: JeffrkZZA5 Zl� JBY: oun a et r y City of Newport Beach Planning Commission Resolution No. Pape 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -027 Standard Conditions 1. The development shall be in substantial conformance with the approved floor plan dated December 6, 2006. 2. Use Permit No. 2006 -027 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. 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. 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 the current business owner, property owner and /or the leasing agent. 5. 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. 6. 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. 7. Approval of the Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code. 8. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, City of Newport Beach Planning Commission Resolution No. 5 _ Paqe of 6 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. 9. There shall be no exterior advertising or signs of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Signs that are clearly visible to the exterior shall constitute a violation of this condition. 10. 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 permit. 11. 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, include any form of on -site media broadcast, or any other activities as specified in Chapter 11.03 of the Newport Beach Municipal Code. 12. 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. 13. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 14. 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. 15. 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 Planning Department on demand. 16. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. Noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 17. The exterior of the alcoholic beverage outlet, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris City of Newport Beach Planning Commission Resolution No. _ Paqe 6 of 6 from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. Project Specific Conditions 18. Hours of operation shall be limited to between the hours from 7:00 a.m. to 10:00 p.m., Sunday through Thursday and from 7:00 a.m. to 11:00 p.m., Friday and Saturday. 19. There shall be no live entertainment of any type permitted on the premises. Background music may be allowed through the restaurant's interior sound system. No audible paging system shall be allowed outside the building. 20. There shall be no dancing allowed on the premises. 21. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.