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HomeMy WebLinkAbout1677 - APPROVE UP AMENDMENT_2816 LAFAYETTE AVERESOLUTION NO. 1677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3578 FOR PROPERTY LOCATED AT 2816 LAFAYETTE AVENUE (PA2005 -041) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Dennis and Christine Overstreet, owners of Le Quai Restaurant, with respect to property located at 2816 Lafayette Way, legally described as Lot 9, Block 425 of the Lancasters Addition, requesting approval of an amendment to Use Permit No. 3578 to permit the 293 square foot expansion of an existing eating and drinking establishment and a waiver of the required 3 off - street parking spaces associated with the expansion. WHEREAS, a public hearing was held on August 18, 2005 in the City Hall Council Chambers, 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 Planning Commission finds as follows: 1. The City's General Plan and Local Coastal Plan designate the site as Recreational & Marine Commercial. The SP -6 (Cannery Village/ McFadden Square Specific Plan Area) District designates the site as Recreational & Marine Commercial, which allows the site to be used for commercial uses. Eating and Drinking Establishments are permitted uses within these designations. 2. The expanded use 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: a. Surrounding land uses are dominated by commercial and industrial office uses. Restaurant uses are expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. b. A restaurant has been operating at this location in a similar capacity since 1971, and the existing establishment has operated under the original approval of Use Permit No. 3578 and has not proved detrimental to the area. C. The modest increase in net public area, in conjunction with the elimination of customer dining area in the kitchen, will not significantly increase the parking demand, Planning Commission Resolution No. Page 2 of 5 d. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code by facilitating the small expansion of the lobby and customer entrance to the existing restaurant, while limiting its potential impacts on the community. 3. Pursuant to Section 20.66.100 of the Municipal Code, the required findings for granting a waiver of the 3 required off - street parking spaces associated with the expansion can be made as a municipal parking facility is conveniently located within a comfortable walking distance of 360 feet to the restaurant site, which proves to be in a location useful in connection with the proposed use. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of interior modifications of an existing commercial building. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves an amendment to Use Permit No. 3578, 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 18th DAY OF AUGUST 2005. AYES: Eaton, Hawkins, Cole, Toerge, Tucker McDaniel and Henn NOES: None BY: Michael Toerge, Chairman c BY: Barry n, Secretary Planning Commission Resolution No. Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL Amendment to Use Permit No. 3578 1. This amendment to Use Permit No. 3578 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. 2. This resolution shall supersede all rights of the previous conditions of approval of Use Permit No. 3578 dated March 21, 1996, which shall be considered null and void. 3. 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. 4. Restroom and plumbing fixtures shall be provided in accordance with Building Department and Uniform Plumbing Code requirements. 5. Any change in operational characteristics, hours of operation, 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. 6. 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. 7. 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. 8. 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 owner or leasing company. 9. 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. 10. The project shall be in substantial conformance with the approved site plan and floor plan dated July 03, 2005. 11. There shall be no live entertainment and /or dancing at any time. 12. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. Planning Commission Resolution No. Page 4 of 5 13. 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. 14. Full meal service shall be provided during all hours of operation. 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. The applicant and or operator shall not share 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. 17. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to the project site, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. 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: 18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 19. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 6OdBA 18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 19. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. Planning Commission Resolution No. Page 5 of 5 20. The exterior of the eating and drinking establishment 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. 21. Storage outside of the building shall be prohibited. 22. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 23. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and Public Works Department. (1996 Condition) 24. Grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 25. Strict adherence to maximum occupancy limits is required. 26. The net public area of the approved expansion shall not exceed a total increase of 123 square feet maximum, and the total net public area of the overall restaurant shall not exceed 1,060 square feet maximum. 27. The 3 additional required parking spaces associated with the expansion of the restaurant shall be waiver. 28. That the development standards pertaining to the required front yard setback, perimeter walls and landscaping, on -site parking and illumination thereof, and the undergrounding of utilities shall be waived. (1996 Condition) 29. The hours of operation shall be limited between 6:00 AM and 11:00 PM, daily. (1996 Condition) 30. All trash areas shall be screened from adjoining properties and streets. (1996 Condition) 31. That no off -sale beer or wine shall be permitted in conjunction with the subject restaurant. (19 96 Condition)