staff report - City Of Ventura
Transcription
staff report - City Of Ventura
CITY OF VENTURA PLANN ING COMMISSION STAFF REPORT Project No.: Case No.: 4102 UP-3-12-9861 Applicant: Rhumb Line Restaurant Samuel S. Sadove, Owner Planner: Kathy Payne, Planning Assistant (805) 658-4749 Jeffrey Lambert, AICP, Community Development Director Location: 1510 Anchors Way Drive Recommendation: Approve Use Permit for on-site sale of beer, wine, and distilled spirits subject to conditions Zoning: Harbor Commercial (H-C) Land Use: Harbor Commercial Evaluation Documents: Comprehensive Plan Zoning Regulations PROJECT DESCRIPTION The Use Permit request is to allow for sales, service and consumption of food with alcohol sales (ABC License Type 47 - on-site sales of beer, wine and distilled spirits) for an existing restaurant located at 1510 Anchors Way Drive (Attachment A) and within the (H-C) Harbor Commercial zone. The Rhumb Line Restaurant will be reopening at the old Scotch and Sirloin location. The customer service seating area for the restaurant will be contained within approximately 3100 square feet inside the building and 600 square feet of patio area. Proposed daily hours of operation are from 9:30 AM to 1:30 AM. Beer, wine and distilled spirits will be available during all hours of operation. STAFF ANALYSIS The proposed restaurant is a permitted use within the underlying H-C zone. However, per Municipal Code Regulations Chapter 24.460 ("Alcoholic Beverage Establishments-Use Project No. 4102 PC/05/08/12/KP Page 1 Permits"), a Use Permit must be approved for any business engaged in the sale of alcoholic beverages. The purpose of a Use Permit is to adequately condition a project in a way to minimize potential negative impacts to the health, safety and general welfare of the community, residents and surrounding properties. As part of project review for the Rhumb Line Restaurant, staff, working with the Police Department, recommends operational conditions that are based upon the individual business plan and that will ensure the establishment will be compatible with the surrounding uses. Recommended operational conditions included in the draft resolution of approval (Attachment B), are summarize as follows: 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 9:30 AM and 1:30 AM daily. 2. The consumption of alcoholic beverages on any property adjacent to the licensed premises and under the control of the licensee(s) is prohibited. 3. Employees must be certified in a L.E.A.D's or RBS Alcohol server training course. 4. No advertising of alcoholic beverages visible to the outside of the establishment, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages is allowed. The permanent signage of the business name is not considered as an advertisement under this condition. 5. Alcoholic beverages shall not be offered at significantly reduced prices that are meant to encourage greater consumption of alcohol, such as a "Happy Hour" type promotion. 6. Alcoholic beverages shall be served in standard sizes that are consistent with the industry and shall not be served by the pitcher, bucket or similar high capacity amounts. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within forty-eight (48) hours of being applied. 8. The licensee shall be responsible for maintaining free of litter the premises or on any adjacent area over which the licensee has control. 9. The licensee shall post a prominent, permanent sign or signs stating, "No person under 21 will be served alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages." 10. The Police Chief or his designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation of this permit if the Chief finds that there have been significant violations of the use permit conditions and/or State ABC license, or there is a single serious violent crime or single significant incident to which multiple police units or multiple jurisdictions respond associated with the Project No. 4102 PC/05/08/12/KP Page 2 operation of this use, which the Chief determines is detrimental to the public safety or health. The Chief shall immediately inform the Community Development Director of the suspension and the manager shall schedule a hearing on the revocation of the permit by the Planning Commission to be held no more than thirty (30) days after the suspension begins. 11.A copy of these conditions must be maintained on the premises by the licensee and made available upon the demand of any peace officer at all times. 12.lf complaints are received regarding excessive noise, parking availability, lighting, building access, and the like, associated with the establishment, the City may, at its discretion, take action to review the Use Permit, including, without limitation, adding conditions or revoking the permit. 13. The licensee shall have readily identifiable personnel to monitor and control the behavior of customers in and around the premises and adjacent areas under their control. 14. The licensee shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises. 15. The establishment employees shall not be allowed to consume alcoholic beverages during their shift. 16. Security cameras shall be installed to monitor the premises and be positioned to monitor at minimum the entry/exit., The establishment is located within the Harbor area. The proposed restaurant is compatible with the existing uses within the area and will contribute to an undue concentration of alcohol beverage establishments as identified by staff (Attachment C). The Use Permit has operational conditions identified above that would minimize potential for police service calls and potential impacts to adjacent uses. A representative from the police department will be present at the Planning Commission meeting to answer questions. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the requested Use Permit, based on the findings and subject to the conditions contained in the attached draft Planning Commission Resolution (Attachment 8). CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposed project is Categorically Exempt from the provIsions of the California Environmental Quality Act (CEQA), as provided by Class (1), Section 15301 of the CEQA Guidelines because the requested on-site sales of beer, wine and distilled spirits is a permitted Project No. 4102 PC/05/08/12/KP Page 3 use within the underlying zone and is a minor alteration of an existing facility (refer to the CEQA determination in the Draft Planning Commission Resolution). FUTURE CITY ACTIONS None ATTACHMENTS A. Site Location/Plans B. Draft Planning Commission Resolution C. Map of Surrounding Alcohol Establishments Project No. 4102 PC/05/08/12/KP Page 4 Attachment A Site Location/Plans Zoning: Parcel: 080-0-240-245 Property Owner: VENTURA PORT DISTRICT H-C Sale Date: 1603 ANCHORS WAY DR ~~~: Assessed Value per County Assessor: 05011 Land Value: o Site Zip: 93001 5,515,346 Acres: 126.614 Coastal Zone: HC Flood Zone: Hillside: NO Sq.Ft.Land: CC PIERPONT-KEYS Community. Improvement Value: 0 Lot: Block: Tract: Fault Zone(Y/N): 0 A N Parking(1,2,3): 0 Redev. Areas: Special Features/Overlays: Street Code: ~::~~: 290 Date of Query: 4 APR 2012 UNITED Data Notes: BOOK I 1500 ; 3000 I U.S. Census Tract/Block Group: 25.00 3 THIS REPORT IS BASED ON DATA COMPILED FROM A NUMBER OF SOURCES INCLUDING PARCEL DATA SUPPLIED BY THE COUNTY ASSESSOR AND SEVERAL TABLES MAINTAINED ON THE CITY OF VENTURA'S LEGACY COMPUTER SYSTEM. ALL DATA IS SUBJECT TO CHANGE AT ANY TIME AND IS ONL Y AS CURRENT AS THE SYSTEMS FROM WHICH IT CAME. ~----~----~~~~~~------~~--~--~--~~--- o N Year Built: 4400: Ports and Harbors Tax Rate Area Code: Land Use: Homeowner Exemption(yIN): 93001 VENTURA CA 1215 ANCHORSWY Site Address: o -- - INTERIOR FINISH SCHEDULE mE ICI'I' PMII_ lUll."...,. PZ IUII_ LJIIIfIIIClUS[IIIIEl 1'3 IUIIDIIIMOS IIEWIIIIWHIIE N N 1'1 ,,(ALI) P7 --- ao:orr_ ao:orr_ CG'I'OI a-R"""" a-RfM CG'I'OI IlEUIZoum_ I02T7 PQU: WU DEliellMSltD_ WII._ IQ -- -... PI _1DmJe WWGOUlll CK 1-1I02!C11J1'1III' (lIllY) IIC2 IICl ....-.. - tJ C5 " FI(..I) n ounID[ w WIlLS 51"_ 1IIIm..~ U:I CIIIIC P\JII(-TlP( IIIOICIIDIIII CIIIIC P\JII(-TlP( IIIOICIIDIIII CIIIIC CIIIIC P\JII(-TlP( IIIOICIIEIIIII'I P\JII(-TlP( IIIOICIIEIIIII'I CIIIIC P\JII(-TlP( -- MmIT MICJIC GLOSS 121-MERS. lZ2-1QDS 1A1MQQII GUISS IU-'IMJCS IlAI1IIICIC* _fWI< _ _AS """"GOA, _.wo. "INICIl1£CIIOII I'lUIHII _ _AI _ru WIII1C.II._ ~_.a: _!ICY"'" - 'A.....,IICII JJI"-JJI"-- CM1t_,,1I ,u CllENETII. PU UIIIaII WllMUM UIIIaII IJIjICWll PI) AYINIE _ACES SIUIIIOCClILCIIIIH PL, CCIWI SIUIIIO CCWCIIOM PL1 _IaDUQIT _AIlED ClGIS/IIAm "'-""/lOAm -~ GUlSSI2/04 -.~ 122-_111_ FUICII l&-msr.IIIIIN'" FUIOII lIH111111.1I"1I~1I""" MmIT ICCEIIT MmIT II .... MXDII'.MllS 1I1_ _ 'IHCIIIII_ -- GUlSSI2/04 112"""':' I1HD101 ..c 121-l1li5111_ 122-MMIIS III_ 11 ...... l1lIIF PMII1WI l;Z'....us.TIIIDI l1lIIF PMII1WI lU-lClOS ...... MAlBIAL NOlES GEI\ERAL NOlES iECEIVt::~ UNLESS NOTED OTHEIMISE. AU IUILlMNC 15 [)C1ST1NC AND TO ROIAiN AS IS. PROTECTED IN PLAC[. ~ommunity Developmf' ~~ ANNING DI\fIC"'" GlAZING IN THE FDlLOWING LOCATIONS SHAl.l BE Of SAFETY GLAZING WATERIAI. IN AC_ClANCI: SECTION 2401.4 THE USC: wI CONTRACTOR TO VERiN ALL nELO CONDmONS AND IlIW[H$IONS IN NLL PRIOR TO START Of' WOIIK. AND HOTIN THE ARCHITECT I~~EOIATELY or or A. F1X£O AND SLIDING PANELS Of 5UDINC DOOR ASSEwau£S .lNO PANELS IN SWINGING DOORS. !i. e. WALL AND C:[IUNe NATERlAl.5 SHAll NOT EXCEED THE f1.AWE SPREAD CLASSIFICATION PER USC TAIILE I-I C, CONTRACTOR SHAll PATCH AND REPAIR All AREAS Ef'fECTED BY OEWOUTIOH. CONSTRUCTION AND RE~ODEUHQ WORK WITH WATEft....LS AND NETHOOS TO .....T04 EJCISTIHC. PROPERLY 'REPAM SURFACE TO R[CDYE SCHEDULED nNrst-I "'lERlIL All. WORK SHAll CONn ... WITH STANDARD TRADE PRAcnCES AND APPUCAllLE CODES. SQ. I. -= DPENAEILE FROIW THE INSIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE TACTILE EXIT SIGHS ARE REQUIRED AT EACH GRADE-LEVEL ExtERIOR EXIT DOOR IDENTIFIED flY A TACnLE [)CIT WITH THE WOIID 'EXIT'. FT. 2) EXPOSEO 10000M EDGE IS LESS THAN .. IN. ABOVE THE rLOOR. 3) UPQ5EO EDGE 15 IlREATER THAN 35 IN. ABOVE THE FLOOR. 4) ONE OR ~ORE WAU<ING SURFACES ARE w/lH 3. INCHES PROVIDE BLOCKING/BACKING rOR AU. HANGiNG Pl.lIIIIIlING FIXTURES. AU.. EilTS ARE TO o o (E) [)c,ERIOR STAIR TO UPPER LEVEL. NOT A PART Of" THIS PROJECT HORIZONTALLY or THE PLANE or 'HE CLAZlNG. la, GROUND AND F'lOOft SURfACES ALONG ACCESSIBLE ROUTES AHD IN ACCESSIBLE ROOMS AND SPACES, INCWDlNC FLOORS. WALKS. R~PS, STAIRS, AND CURl RMlPS SHAll IE STABU. FIR.. AND SUP RESISTANT. @ (N) @ (H) ® UNE Of fLOOR MATERIAL CHAHG[ HANDRAILS. ~AX II" HEIGHT AIOVE _P SURFACE. RElURH EHDS (E) 2"XI" EXTERIOR WALL. PAlNl nHISH _P CLEAR UPPER LEVEL LANDING. APPROX +1" AIOVE CRAOE (E) 2"X'" IN'ERIOR WALL. PAlHT FINISH (E) LANDSCAPE snaP PLANTER @ (N) EXIT GATE WI PANIC HARDWARE. 5e" ~IN WlDlI< DENO WALL (N) Z"XI" STUD WALL CEIUNG. PAINT nNISH INDMDUAL FIX[D 0IIII OPERABLE PANELS. OTHER THAN THOSE LOCATtoHS D[$CRta(D AIKIYE. SHALL NUT AU. OF THE fOLLOWING CONDITIONS: ') EXPOSED AREA OF AN INDMDUAl PANE 15 GREATER THAN I CABIHETS, ELECTRICAL OUTLETS AND SWItCHES. (REFER TO ELECTRICAL AND PLUWBING DJlAWlMGS FOR DETAILEO LAYOUT). 1. CD (E) MARINA PRIVATE RtsTROOIIIS. NOT A PART or THIS PROJECT Il. FIXED DR OPERABLE PAltEl5 ADJACENT TO A DOOR WHERE THE NEAREST UI'03ED EDGE or THE CLAlIHG IS w/IH A 24 IN. ARC or EITHER VERlICAL EDGE or THE DOOR IN A CLOSED POSmON AND WHERE: THE IOTl'Otll EXPOSED [DC[ OF' THE GUZING IS THAN 10 IH. ABOVE THE WAU<IHG SURf'Ac[. rOR WORK EFfEC'ING AREAS OUTSIDE 0' THE ~IN SCOPE or WORK. IlAlllTAiN AS WUCH or THE ORIGINAL FINISHES AS POSSIIILE. PATCH AND REPAIR FINISHES TO MATCH EXISTING WHERE APPUCABLE. •. MAR 30 2012 iI. AN'( DlSCAE'ANQES TO THESE CONSTRUCTION DOCUMENTS. 3. I: IIIOICIIDIIII IZI _ _ FUICII _ _.IMIU PIJ 2. ~ ~ FUICII PIA -ProJ - Ll /02... ~ D i 121-MDS IATlII:GI .12<0 _CXIIJ.[CIIOII CIWUl_ _CIl1£CTIIII J! = .. -~:; ~ ~ U"! ( ; _CXIIJ.[CIIOII MI'UO-MTCI .cK DAISC !n Z~.; ~ 112_ _ 111-BA11 _CXIIJ.[CIIOII CAlI ..... IIOSoUC 0 (1')+ .. AITUO-MTCI .a MIUO-.\IITC _ SIUfOUm[ E '11-1m1SIIAD..xII 122-_ BAIIIIOCIII <~ a III. 152, lIIIlIIUIl HIlI SlUTOS _IWS fI .0 I-- ..... ~:j~• Q.. _.. ::E~ ~ : IIClCl n ~~. -< - Ii 112/11"-' II&-IIM 121 _ _ _ - _CIWII _CIWII _CIWII F. F. IOIJr IIIIEO rt(AL1) MIl1O-.\IITC_ FI "'~IJ!I ~ W~ WIlLS -..-.111: a m_ m_ WIUS, 11M! COI.OIt w_ "1~ WIUS, 1111 COI.OIt o o ~~'~~Nl~~ ~%~~~J...C::~:N,1 r:l.cllf,W:, A~i~N:{:r~HEH (N) RAMP Cl£AR lEVEL LANDING, 6' -O·JC5' -0- ClEAR @ @ @ (E) STAIIIS TO LOWER DINING AREA, 2-RlSERS • (N) ACCESSIBLE BAR COUNTER. eo" (E) POSTS, TO RE~AlN. ~IN REFINISH @(E) ....... ,"Z SUlI'E WAX @ (N) OECORATIVE TRANSWCEHT SCREENS e"" I-TllEAI! • I Z" wI GYP 80 10TH SlOES '0 (N) Z"X." STUD WALL ~IN. ExtERIOR SCREEN FENCING ..... ~II>.::--'T"-:::-:-'---; ........'·-0· ..,.". 1/..... _ _ air _II>. LENGTH. 34" WAX HEIDHT AFT A2.1 Attachment B Draft Planning Commission Resolution PLANNING COMMISSION RESOLUTION NO. APPROVING A USE PERMIT PROJECT -4102 CASE NO.: UP-3-12-9861 BE IT RESOLVED by the Planning Commission of the City of San Buenaventura as follows: SECTION 1: An application has been filed by Samuel S. Sadove, owner of Rhumb Line Restaurant, pursuant to the City of San Buenaventura Municipal Code, for a Use Permit for onsite sales, service and consumption of alcohol with food sales (ABC License Type 47 - on-site sales of beer, wine and distilled spirits) for property zoned H-C Harbor Commercial located at 1510 Anchors Way Drive and more particularly described as Assessor's Parcel Number 084-0240-245. SECTION 2: All proceedings having been duly taken as required by law, and upon review of the information provided and consideration of the testimony given at the public hearing, as well as other pertinent information, the Planning Commission finds as follows: Alcohol Use Permit 1. Required Finding: "The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use," per Municipal Code Section 24.460.240(1). The proposed alcoholic beverage establishment is part of a use type (full service dining) that is consistent with the purposes of the Municipal Code for the H-C Zone. 2. Required Finding: "The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area," per Municipal Code Section 24.460.240(2). While the proposed establishment will add impacts to an area already experiencing and undue concentration of establishments, the proposed beer, wine and distilled spirits sales as part of a restaurant has been appropriately conditioned in order to minimize impacts upon the general public and adjacent uses, and the proposed license (Type 47) is not a bar for drinking-only activities. 3. Required Finding: "The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol establishments," per Municipal Code Section 24.460.240(3). A12-00113 The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol establishments because the restaurant is located in the harbor area and surrounded primarily by other commercial uses. Further, the proposed establishment has been adequately conditioned through the operational plan to minimize the impacts to the surrounding uses. 4. Required Finding: "The proposed establishment will otherwise be compatible with existing and potential uses within the general area," per Municipal Code Section 24.460.240(4 ). The proposed establishment will otherwise be compatible with existing and potential uses within the general area, because the proposed use of combining food service in a bona fide eating-place with beer, wine and distilled spirits alcohol service is compatible with other commercial and visitor-serving uses in the immediate vicinity and within the H-C Zone. 5. Required Finding: "The proposed establishment is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur," per Municipal Code Section 24.460.240(5). The proposed establishment is situated within a reporting district, which according to the Police Department incident reports, is considered a high crime area and does generate a disproportionate number of police service calls when compared to other areas of the City. When incidents occur, the Harbor Patrol has indicated that it is willing to be the first to respond. However, the establishment has been adequately conditioned through the operational plan to minimize potential impacts to the surrounding area and reduce the potential demand for police service calls. In particular conditions 3, 4, 5, 13, 15, 16 and 17 will mitigate the potential for impacting police service demands. California Environmental Quality Act 6. The proposed project is Categorically Exempt from the provisions of Environmental Quality Act (CEQA), as provided by Class (1), Section CEQA Guidelines because the requested on-site sales of beer, wine and is a permitted use within the underlying zone and is a minor alteration facility. the California 15301 of the distilled spirits of an existing (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical A12-00113 Project No. 4102 PC/05/08/2012/KP Page 2 concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site is located within an urban core surrounded by commercial uses, and is not located near any environmental resource that would be affected by the project. Therefore, the project will have no impact on an environmental resource of hazardous or critical concern. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The request to serve alcohol within the existing restaurant is consistent with the Comprehensive Plan and Municipal Code. New businesses requesting a Use Permit for alcohol sales require discretionary approval that has been analyzed under with the Comprehensive Plan and the Municipal Code for consistency and CEQA for any potential impacts. Therefore the project will have no significant cumulative impact. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. There are no unusual circumstances that would cause the project to have a significant effect on the environment. The property is currently developed as a typical commercial property and the project will not alter the commercial character of the property. Therefore, the project will not have a significant effect on the environment due to unusual circumstances. . (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements, which are required as mitigation by an adopted negative declaration or certified EIR. Although the project is located within the Ventura Harbor, where scenic views are to be maintained, the on-site sale of alcoholic beverages does not involve any physical change to the environment; therefore the project will not cause damage to any scenic resources. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site, which is included on any list compiled pursuant to Section 65962.5 of the Government Code. A12-00113 Project No. 4102 PC/05/08/20 12/KP Page 3 The proposed project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project, which may cause a substantial adverse change in the significance of a historical resource. The existing restaurant is located within a building that does not contain any structures that are considered historic resources or potential historic resources. No changes to the building or property are proposed as part of the sale of alcohol. Therefore, neither the existing building nor use will cause a substantial adverse change in the significance of an historical resource. SECTION 3: Based on the above findings, Use Permit Case No. UP-3-12-9861 as described in Sections 1 and 2 above is HEREBY APPROVED, subject to the following conditions: 1. This approval is granted for on-site alcohol sales and service (State ABC License Type 47) within an established restaurant as described in the application and any attachments thereto, and as shown on the plans labeled Case No. UP-3-12-9861 Exhibit "A - C" dated March 30, 2012, and the Operations and Training Plan labeled Case No. UP-3-12-9861 - Exhibit "D" incorporated herein. 2. The tenant space and other facilities or features associated with the alcohol beverage establishment shall be located and maintained substantially as shown on the plot, plan labeled Case No. UP-3-12-9861 - Exhibit "A," dated March 30,2012. 3. Prior to obtaining the new State ABC license and/or within 60 days hereof, the applicant and property owner shall file with the Community Development Department written acknowledgment of the conditions stated herein on forms provided by the Planning Division. 4. Unless the use is inaugurated no later than 12 months after this approval is granted and is diligently pursued thereafter, this approval will be subject to revocation pursuant to Chapter 24.570 of the City's Municipal Code. However, if the approved project remains unchanged (except as allowed under Municipal Code Chapter 24.570), the Community Development Director may grant one additional 12-month extension of time for the Use Permit, provided the initial 12-month period has not already expired. 5. All requirements of any law, ordinance, or regulation of the State, City of San Buenaventura, and any other governmental entity shall be complied with including without limitation, the "Operation Standards and Training Requirements" set forth in Article 4 of Chapter 24.460 of the City's Municipal Code as it may be amended from time to time. A12-00113 Project No. 4102 PC/05/08/20 12/KP Page 4 6. Hours of operation shall be permitted between the hours of 9:30 AM and 1:30 AM daily. 7. Alcoholic beverages shall not be offered at significantly reduced prices that are meant to encourage greater consumption of alcohol, such as a "Happy Hour" type promotion. 8. Alcoholic beverages shall be served in standard sizes that are consistent with the industry and shall not be served by the pitcher, bucket or similar high capacity amounts. 9. The consumption of alcoholic beverages on any property adjacent to the licensed premises and under the control of the licensee(s) is prohibited. 10. No advertising of alcoholic beverages visible to the outside of the establishment, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages is allowed. The permanent signage of the business name is not considered as an advertisement under this condition. 11. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within forty-eight (48) hours of being applied. 12. The licensee shall be responsible for maintaining free of litter the premises or areas adjacent to the premises over which they have control. 13. The licensee shall post a prominent, permanent sign or signs stating, "No person under 21 will be served alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages. " 14. A copy of these conditions must be maintained by the licensee on the premises at all times and made available upon the demand of any peace officer. 15. The licensee shall have readily identifiable personnel to monitor and control the behavior of customers in and around the premises. 16. The licensee shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises. 17. The establishment employees shall not be allowed to consume alcoholic beverages during their shift or 8 hours prior to their shift. 18. Security cameras shall be installed to monitor the premises and be positioned to monitor at minimum the entry/exit, all points of sale and the areas immediately surrounding the exterior of the business. The camera system shall comply with the following minimum standards: A12-00113 Project No. 4102 PC/05/08/20 12/KP Page 5 a. The cameras shall be color cameras, made by a reputable manufacturer and maintained to current industry standards. They shall have low light capability and be capable of identifying persons conducting transactions at the stores' registers or entering/exiting the business. b. The system shall utilize a Digital Video Recorder (DVR). The use of videocassette recorders (VHS and other formats) is prohibited. The DVR shall allow recording, live viewing and playback of recorded video for a period of least 30 days. DVR shall perform all recording, viewing (local and remote), playback (local and remote), queries and backup functions simultaneously, with no interruption of any other function. 20. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding. a. This Use Permit is granted for an unlimited period of time, but shall be subject to revocation if the applicant fails to comply with the above conditions at any time. If at any time the Community Development Director, or its designee, or the Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Use Permit, or of the Municipal Code regulations, a public hearing may be held to review the Use Permit. At said hearing, the decision making body may add other conditions, or recommend enforcement actions, or revoke the Use Permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety and general welfare of the Community. b. The Police Chief or his designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation of this permit if the Chief finds that there have been significant violations of the use permit conditions and/or ABC license, or there is a single serious violent crime or single significant incident to which multiple police units or multiple jurisdictions respond associated with the operation of this use, which the Chief determines is detrimental to the public safety or health. The Chief shall immediately inform the Community Development Director of the suspension and the manager shall schedule a hearing on the revocation of the permit by the Planning Commission to be held no more than thirty (30) days after the suspension begins. c. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like, associated with the establishment, the City may, at A12-00113 Project No. 4102 PC/05/08/20 12/KP Page 6 its discretion, take action to review the use permit, including, without limitation, adding conditions or revoking the permit following a hearing conducted as described in Condition 20A. 21. If an employee/manager/owner of Rhumb Line Restaurant sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21, the City of Ventura will suspend the alcohol use permit for a period of 10 days for the first offense, 20 days for the second offense, complete revocation for the third offense within a 3-year time period. The Chief of Police or his designee will determine the suspension date. SECTION 4: This Permit shall be subject to revocation if the applicant fails to comply with the conditions listed herein at any time. If, at any time, the Community Development Director or Planning Commission determines that there has been, or may be a violation of the findings or conditions of this action, or of the Municipal Code, a public hearing may be held before the Planning Commission to review this Permit pursuant to Municipal Code Chapter 24.570. At said hearing, the Planning Commission may add conditions, or recommend enforcement actions, or revoke the Permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety, and general welfare of the community. PASSED AND ADOPTED this ath day of May 2012 Jeffrey Lambert, Secretary By: __~____________~___ Anel Pierre Calonne City Attorney A12-00113 Project No. 4102 PC/05/0a/2012/KP Page 7 Zoning: Parcel: 080-0-240-245 Property Owner: VENTURA PORT DISTRICT H-C Sale Date: 1603 ANCHORS WAY DR Site Use: 1215 Land Value: Assessed Value per County Assessor: 05011 Lot: Block: Tract: o Site Zip: 93001 5,515,346 Acres: 126.614 Coastal Zone: HC Flood Zone: Hillside: NO Community: Improvement Value: 0 Sq.Ft.Land: CC PIERPONT-KEYS Fault Zone(Y/N): 0 A N Parking(1,2,3): 0 Redev. Areas: Special Features/Overlays: Street Code: N Year Built: ANCHORSWY 4400: Ports and Harbors Tax Rate Area Code: Land Use: Homeowner Exemption(y/N): 93001 VENTURACA Site Address: o U.S. Census TractIBlock Group: 290 25.00 3 THIS REPORT IS BASED ON DATA COMPILED FROM A NUMBER OF SOURCES INCLUDING PARCEL DATA SUPPLIED BY THE COUNTY ASSESSOR AND SEVERAL TABLES MAINTAINED ON THE CITY OF VENTURA'S LEGACY COMPUTER SYSTEM ALL DATA IS SUBJECT TO CHANGE AT ANY TIME AND IS ONLY AS CURRENT AS THE SYSTEMS FROM WHICH IT CAME. Date of Query: ~--~~~~~~~~----~~~~~~~ BOOK o ! 1500 ; 3000 I PrDj - ~ I trz.. Rhumb Line Restaurant RECENEO 1510 Anchors Way Drive ~?'K - 2, 1.\)\1 Ventura, CA 93001 commuO\~\G O\\I\S\ON . oe"e\Opment pLANNh~ OPERATIONS AND TRAINING PLAN Ordinance Sec. 24.460.410 Operational Standards 1. All staff will receive training to ensure compliance with the stat's Alcohol Beverage Control Act 2. All staff will receive training on how to take safe and reasonable steps to discourage and correct any objectionable condition that constitutes a nuisance. 3. All trash, little, and debris will be quickly removed from within 20 feet of surrounding the premises~ Any and all graffiti will be removed within 48 hours from when it is discovered. 4. No alcoholic beverages will be sold from any drive-up or walk-up service windows. S. Management will post and maintain all signs required by the Alcoholic Beverage Control Act. Ordinance Sec. 24.460.430 1. Alcoholic consumption off the premises will be prohibited. 2. If any entertainment is ever provided, it will be in accordance with chapter 10.450 of this code. Ordinance Sec. 24.460.440 A. All management and staff that will be personally engaged in the sale and service of alcoholic beverages will complete a certified training program in responsible methods and skills for selling and serving alcoholic beverages within 180 days of the issuance of the use permit. Other 1. All guest that order alcoholic beverages will be asked to present a valid 1.0. to ensure they are at least 21 years old. 2. Management and staff will receive training on how to prevent excessive alcohol consumption. 3. Management and staff will follow the responsible Retailers Program of the Ventura Police department. 4. Food will be available for sale at all business hours. At no time will alcohol be offered without food being offered as well. 5. Management and staff will promote the designated driver program and strongly encourage the use of taxis after consumption of alcohol if transportation is needed. If a patron refuses attempts to provide a safe ride, assistance from the local law enforcement will be immediately requested. 6. No patron who is obviously drunk will be served alcohol at any location of the premises. 7. We will maintain a zero tolerance policy for the use or sale of illicit drugs. Staff will notify management and law enforcement as required. 8. Employees may not at any time consume alcohol during their shift. 9. At all times, a shift manager shall be responsible for observing the staff and patrons, as well as ensuring that these policies are enforced. 10. Management and staff will do everything in its power to ensure a pleasurable and safe dining experience for all its guests. We will make Rhumb Line Restaurant a beneficial business to the City of Ventura. Attachment C Map of Surrounding Alcohol Establishments 23 Harbor Locations: AMS Resorts Seabiscuit Sportfishing Dave's Harbor Island Hotel ] ust 4 Dreamers 47 ~L58 \ ~;'~lt ~, <:' ,~, .. :. .... ': ::::::: :~\~_.:_:_: a ,. : Q I'. DII , - ... 1 • r, c r _ - CI .C'· " . !._ •.• ~__ . : ~ q!' $ ,. -.. " ~~~ • ... ~ Rhumb Line Type 47 54 Pierpoint Bay Yacht 51 Andrias Seafood 41 Village Market 21 Milano 58 Brophy Brothers 47 Comedy Club 48 Margarita Villa 47 & 58 Baja Bay/Taco Grill 41 Harbor Sushi 41 Andres Wine & Tapas 42 Greek 47 Seafood Broiler 47 &58 Apollo Charters 44 Le Petit Cafe 47 Blackbeard's 47 Superboat Inc. 45 Ventura Yacht Club 51 Harbor Cove 41 300 foot radius [e.:.:',CPo"", ' :.: \\\ ~\ ~rt; , ~ j l -- ... _ \ l .. _-.....:.