HomeMy WebLinkAbout1549 - APPROVE UP_3222 EAST COAST HWYRESOLUTION NO. 1549
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2001 -040 (PA2001 -221) FOR PROPERTY LOCATED AT 3222
EAST COAST HIGHWAY
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Mr. John Secretan, with respect to property located at
3222 East Coast Highway and legally described as Lots 2 and 3 of Tract Map No. 1045, requesting
approval of Use Permit No. 2001 -040 to open an eating and drinking establishment, with an outdoor patio,
in a former retail building. The Use Permit includes a request for a waiver of off - street parking
requirements.
Section 2. A public hearing was held on January 17, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered
by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The proposed location of the eating and drinking establishment needing this use permit, and the
proposed conditions under which it would be operated or maintained, is 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. The use permit pertains to an
eating and drinking establishment to be opened in a building that is designated and zoned for
this activity. The use has been conditioned in such a manner to minimize the impacts associated
with restaurant activities. The plans, as conditioned, meet the design and development
standards for eating and drinking establishments, except as specific waivers have been granted.
The applicant does not propose to serve alcoholic beverages or provide live entertainment,
which would change the operational characteristics of the restaurant and could result in
additional parking demand.
2. The operational characteristics of the proposed use and the plans as conditioned, particularly the
hours of operation, are the reasons for granting the parking waiver. Any change in the operational
characteristics, particularly a change in the hours of operation, would require an amendment to the
Use Permit, reviewed by the Planning Commission with the waiver reconsidered.
3. The operational characteristics and location of the proposed use are such that a substantial amount
of business is generated by walk up traffic. The peak operational times are anticipated to be during
the morning and lunch hours. The evening business is anticipated to be significantly less than the
peak morning and afternoon times. A municipal parking lot is located in close proximity to be
useful in conjunction with the proposed project. These factors are anticipated to reduce the
project's trip generation and reduce negative effects of the limited on site parking provided.
City of Newport Beach
Planning Commission Resolution No. 1549
Page 2 of 6
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2001 -040, subject to the Conditions set forth in Exhibit "A ", the plans dated November 2,
2001 attached as Exhibit `B," and the
Section 5. 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 17" DAY OF JANUARY, 2002.
AYES: McDaniel, Kiser, Agajaniam Tucker,
Gifford, Kranzley, Selich
NOES:
BY: 7:Z� ! L„
Larry Tucker, Chairman
BY I VL Jt4, !
Earl McDaniel, Secretary
City of Newport Beach
Planning Commission Resolution No. 1549
Page 3 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2001-040
The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated November 2, 2001. Additionally, development of the project shall be in
substantial conformance with the floor plan exhibit prepared by staff and dated January 17, 2002,
which designated the uses for each section of net public area.
2. Use Permit No. 2001 -035 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
Prior to the issuance of any permits, the two separate parcels identified as Lot Nos. 2 & 3 of Tract
Map No. 1045 shall be merged.
4. 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. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the Orange County Health Department is required prior
to permit issuance. A grease interceptor of adequate size is required in association with food
preparation activities.
5. That all public improvements shall be constructed as required by Ordinance and the Public Works
Department. Specifically, the proposed driveway requires an encroachment permit from Caltrans.
The unused driveway into the existing building shall be replaced with curb, gutter, and sidewalk,
also as part of the Caltrans encroachment permit.
6. The gate opening at the parking lot exit shall be at least 14 feet wide.
Hours of operation are limited to the following schedule:
Restaurant 7:OOam to 6:OOpm (everyday)
Retail & Espresso Bar 7:00am to I0:00pm (everyday)
8. The total net public area as identified as Areas "A," "B," and "C" on the floor plan exhibit
prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The areas identified
as Areas "D" and "E" on the floor plan exhibit prepared by staff dated January 17, 2002 shall be
devoted to retail use and shall not exceed 272 square feet.
9. The parking ratio for the restaurant portion of the project shall be I space for every 50 square feet
of net public area. The parking ratio for the retail portion of the project shall be I space for every
250 square feet. Eleven parking spaces shall be provided on -site at all times.
City of Newport Beach
Planning Commission Resolution No. 1549
Page 4 of 6
10. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited
from loading and unloading on Coast Highway or the public alley. Deliveries shall be scheduled
outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall
be permitted before 6:00 am or after 10:00 pm.
11. Any landscaping affected by the proposed driveway shall be relocated or replaced at the
applicant's expense.
12. The exterior patio shall not exceed 250 square feet.
13. Plans for exterior lighting and signage shall be submitted to the Planning Department for
review and approval. The lighting plan shall be designed to eliminate light spillage and glare
onto adjacent properties or uses. The lighting plan shall be prepared and signed by a licensed
Electrical Engineer acceptable to the City with a letter from the engineer stating that, in his
professional opinion, this requirement has been met. Prior to the issuance of a certificate of
occupancy or final of building permits, the applicant shall schedule an evening inspection by
the Code Enforcement Division to confirm control of light and glare specified in the lighting
plans.
14. The use of the rear door shall be limited to employee use only and shall be prohibited between
the hours of 10:30pm and 6:OOam. Use of the rear door by customers or patrons shall be
prohibited.
15. Storage outside of the building in the front or at the rear of the property is shall be prohibited,
with the exception of the required trash (container) enclosure. The required trash enclosure
shown on the plot plan dated November 2, 2001, shall be moved as far from the residential
property as is possible while still providing adequate space for the egress from the parking lot
to the alley.
16. All trash shall be stored within the building or within water -tight trash containers stored within
the trash (container) enclosure (i.e., three masonry walls and a self - locking gate), or otherwise
screened from view by neighboring properties except when placed for pick -up by refuse
collection agencies. The watertight trash containers shall have a lid or top that remains closed at
all times, except when being loaded or while being collected by the refuse collection agency.
The design of the trash enclosure shall incorporate self - locking gates.
17. The operator of the food service use shall be responsible for the clean up of all on -site and off -
site trash, garbage, and liter generated by the use. Employees of the premises shall pick up trash
from the ground of the trash enclosure on a daily basis.
18. The applicant shall maintain the watertight trash containers or receptacles so as to control odors,
which may include the provision of fully self - contained containers or may include periodic steam
cleaning of the containers, if deemed necessary by the Planning Department.
19. No alcoholic beverage service or sales shall be permitted on the premises. Any change to this
status requires approval through the City's Alcoholic Beverage Ordinance (ABO).
City of Newport Beach
Planning Commission Resolution No. 1549
Paee 5 of 6
20. No live entertainment or dancing shall be permitted in conjunction with the permitted use.
21. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either
on site or off -site, to advertise the proposed food establishment, unless specifically permitted in
accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be
prohibited in the public right -of -way, unless otherwise approved by both the Public Works
Department and Caltrans in conjunction with the issuance of an encroachment permit or
encroachment agreement from each.
22. That any change in operational characteristics, hours of operation (for either restaurant or retail
and espresso bar), expansion in public area or other modification to the floor plan (including
patio dining area), shall require amendment to this Use Permit or the processing of a new Use
Permit.
23. 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.
24. No audible paging system or speaker system shall be utilized in conjunction with this food
service establishment.
25. 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 Chapters 10.26 and 10.28 of the Municipal Code that provides, in part, that the sound shall
be limited to no more than what is depicted in the table below for the specified time periods.
Measured at the property line of
Commercially zoned property
Measured at the property line of
Residentially zoned property
7:OOam & 10:00om
65 dBA
60 dBA
10:00om & 7:OOam
60 dBA
50 dBA
26. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to
the issuance of a Certificate of Occupancy for the subject business and approved by the Building
Department. That issues with regard to the control of smoke and odor shall be directed to the
South Coast Air Quality Management District.
27. All mechanical equipment shall be screened from view of adjacent properties and adjacent public
streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
City of Newport Beach
Planning Commission Resolution No. 1549
Page 6 of 6
28. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and
the area drain directly into the sewer system, unless otherwise approved by the Building Director
and Public Works Director in conjunction with the approval of an alternative drainage plan.
Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and
public alley.
29. Operator is required to purchase employee parking permits and the employees shall be required to
parking in the municipal parking lot
30. After six months have passed from the first day the business is open to the general public, the
Planning Commission shall review the functional characteristics associated with the operations of
the open parking lot to ensure compatibility with the surrounding community and built
environment.
F: \USERS\PLN\Shmed\PA's\PA2001. 221 \UP2001 -040 revisedresolutionAm