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HomeMy WebLinkAbout1803 - APPROVE UP AND OD _1104 IRVINE AVERESOLUTION NO. 1803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2009 -042 AND OUTDOOR DINING PERMIT NO. OD2010 -002 FOR A FULL-SERVICE, HIGH - TURNOVER EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 ABC LICENSE LOCATED AT 1104 IRVINE AVENUE (PA2009 -166) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Liam Carrol, with respect to property located at 1104 Irvine Avenue, and legally described as Lot 6 of Tract 4824 requesting approval of a use permit, outdoor dining permit and Alcoholic Beverage Control (ABC) License. 2. The applicant proposes a use permit for an eating and drinking establishment (restaurant) that would supersede Use Permit No. 3445 and allow for the following: 1) A 774 - gross- square -foot expansion, including 567 square feet of net public area (NPA) for the purpose of providing additional dining and bar area; and 2) An outdoor dining permit that would allow accessory outdoor dining NPA equal to 25 percent of the indoor NPA; and 3) Introduction of a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC) license. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property not located within the coastal zone. 5. A public hearing was held on March 18, 2010 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Planning Commission Resolution No. 1803 Page 2 of 10 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.89.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Whether the use serves public convenience or necessity. Facts in Support of Finding: A -1. The applicant requests a Type 47 ABC license to allow the service of beer, wine and distilled spirits, which is common for a full- service, high turnover restaurant. This would be the only restaurant on site serving alcoholic beverages if the ABC license at 1112 Irvine Avenue is relinquished. Finding: B. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Facts in Support of Finding: B -1. The project site is located in Reporting District (RD) 28, which is located between Irvine Avenue, Dover Drive and Westcliff Drive. See Attachment No. PC 3 for a map of all Reporting Districts in the City, including the location of RD 28 and the two adjacent reporting districts RD 25 and RD 26, which comprise similar commercial and residential uses, and are used for a comparison within this report. During the 2008 calendar year, there were 6,779 crimes reported citywide. RD 28 had a total of 298 reported crimes as compared to the citywide average of 178 reported crimes. This equates to 120 crimes more, or 67.42 percent above the citywide average. The project site is located in a shopping center on Irvine Avenue, which experiences a heavy influx of people on weekends and holidays. This may contribute to the higher than average crime rate in this area. The chart below provides data for crimes reported citywide, in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Tmplt 01114/10 Planning Commission Resolution No. 1803 Paqe 3 of 10 Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,889 3,890 3,430.38 RD 28 155 99 5,749.26 RD 25 108 111 3,901.73 RD 26 104 50 3,923.05 Finding: C. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. Facts in Support of Finding: C -1. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Reporting District No. of Active ABC License Per Capita Ratio RD 28 6 449 residents RD 25 20 138 residents RD 26 15 177 residents Orange County 4,805 592 residents There are 6 active ABC licenses in RD 28, or a per capita ratio of 1 license for every 449 residents. This is lower than RD 25 and RD 26, which contain similar commercial and residential land uses. The Orange County average is 1 license for every 592 residents. Finding: D. The number of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. Facts in Support of Finding: D -1. The chart below reflects crime data for the 2008 Calendar Year. There were 17 drunk in public (DUI) arrests and 27 "plain drunk" arrests (44 total) in RD 28. There were 1,680 DUI /Drunk arrests for the entire City. This accounts for 2.62 percent of the DUI /Drunk arrests made in the City. The Police Department supports the proposed ABC Type 47 license with the proposed hours of operation. Reporting District DUI/Drunk Arrests Total Arrests Calls for Service RD 28 44 130 2,582 RD 25 45 111 2,952 RD 26 36 94 2,421 Newport Beach 1,680 3,595 68,886 Tmplt: 01/14/10 Planning Commission Resolution No. 1803 Page 4 of 10 Finding: E. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Facts in Support of Finding: E -1. There are no schools, day care centers, or places of religious assembly near the project site. There are residential uses adjacent on the north and east sides of the property. However, the restaurant is oriented toward the south in a manner such that activity is shielded by the buildings from residential uses in the rear and sides of the commercial center. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: F -1 The existing restaurant is located in the RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use and are permitted within this designation subject to the approval of a use permit. The proposed project consists of an expansion to a previous restaurant operation and a Type 47 ABC license, which is consistent with the Retail Service Commercial (RSC) Zoning District. Finding: G. 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: G -1 Restaurants are consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail and service Tmplt: 01114/10 Planning Commission Resolution No. 1803 Paae 5 of 10 uses developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. Finding: H. 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: H -1 Restaurants are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code and will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. Finding: 1. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. Facts in Support of Finding: 1 -1 The project is not located within a residential district; therefore, this finding does not apply. TmpR: 01/14/10 Planning Commission Resolution No. 1803 Page 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves PA2009 -166, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Use Permit No. 3445, which upon vesting of the rights authorized by this [application], shall become null and void. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, and Toerge NOES: None EXCUSED: Peotter, and Hillgren BY: —9w I Robert Ha'Ans, Chalrnpan rl BY: Charles Unsworth, Secretary Tmpll: 01114110 Planning Commission Resolution No. 1803 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval as amended at the hearing. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2009 -042 and Outdoor Dining Permit No. 2010 -002 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. Approval does not permit the premises to operate as a bar, tavem, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves a use permit. 4. The hours of operation for the restaurant shall be 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. The outdoor dining area shall close every night by 10:00 p.m. 5. No 'happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 6. 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. The quarterly gross sales of alcoholic beverages shall not exceed 20 percent the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 8. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverage, without first obtaining an approved special event permit issued by the City of Newport Beach. 9. There shall be no live entertainment allowed on the premises 10. There shall be no dancing allowed on the premises. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. Tmpit: 01/14110 Planning Commission Resolution No. 1803 Paqe 8 of 10 12. Food service from the regular menu must be available to patrons up to 30 minutes before the scheduled closing time. 13. Strict adherence to the maximum occupancy limits is required. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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. 17. 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. 18. 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. 19. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Tmph: 01114/10 Planning Commission Resolution No. 1803 Paae 9 of 10 22. 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. 23. Should the 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. 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that 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. 25. No outside paging system shall be utilized in conjunction with this establishment. 26. 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. 27. 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. 28. 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. 29. 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). Tmpll: 01 114!10 Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property NIA 65dBA NIA 60dBA 22. 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. 23. Should the 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. 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that 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. 25. No outside paging system shall be utilized in conjunction with this establishment. 26. 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. 27. 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. 28. 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. 29. 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). Tmpll: 01 114!10 Planning Commission Resolution No. 1803 Page 10 of 10 30. 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. 31. 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. 32. 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. 33. 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. Tmpll; 01/14110