HomeMy WebLinkAbout1843 - DENY CUP FOR AN EATING AND DRINKING ESTABLISHMENT_333 BAYSIDE DRIVERESOLUTION NO. 1843
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO.
UP2011 -007 FOR AN EATING AND DRINKING ESTABLISHMENT
LOCATED AT 333 BAYSIDE DRIVE (PA2011 -041)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Reuter, with respect to the property located at 333
Bayside Drive, and legally described as Lot B of Parcel Map Book 16 Page 10
(Resubdivision No. 249), requesting approval of a new conditional use permit.
2. The applicant filed an application requesting a new conditional use permit to extend the
hours of operation granted by Accessory Outdoor Dining Permit No. 2007 -001 for an
existing outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily to 9:00 a.m. to 1:00 a.m.
daily. No other changes to the existing restaurant operations were requested or
proposed.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM -A).
5. A public hearing was held on May 19, 2011, 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
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. FINDINGS.
In accordance with Section 20.52.020 F of the Zoning Code, eating and drinking
establishments classified as "Food Service, Late Hours" located within the Commercial
Recreational and Marine (CM) Zoning District require the approval of a conditional use
permit. The Planning Commission may approve a conditional use permit only after making
each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning
Commission was unable to make the required findings based upon the following:
1. Residents of Linda Isle testified that noise emanating from the operation of the existing
restaurant that is permitted to operate until 2:00 a.m., including the existing outdoor
dining patio that is required to close at 9:30 p.m., presently disturbs some residents
who reside on Linda Isle. The nuisance noise is associated with the operating the
restaurant, outdoor patio, and includes activity within the surrounding parking lot and
Planning Commission Resolution No. 1843
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patrons using the guest docks that are located within the waterway between the
project site and Linda Isle.
2. Five single family homes are located within approximately 325 feet of the project site
on Linda Isle and when ambient noise lowers as the evening progresses, nuisance
noise associated with the restaurant and the operation of the adjacent restaurant (Sol
Cocina) can disturb residents of Linda Isle.
3. Extending the hours of use of the outdoor dining patio until 1:00 a.m. will increase
activity within the patio and on the project site and potentially on the guest docks
located in the intervening water way. Additional nuisance noise associated with the
increased activity will disturb residents of Linda Isle and would not be compatible with
the quite enjoyment of their residential property during the late evening and early
morning hours.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2011 -007.
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 19th DAY OF MAY, 2011.
AYES: Ameri, Hawkins, McDaniel, Toerge, and Unsworth
NOES: None.
ABSTAIN: Eaton and Hillgren
ABSENT: None.
BY:
Earl McDaniel, Chairman
BY: ez
,.�Aie e erg -Secretary
Tmplt 03/06/11