Loading...
HomeMy WebLinkAbout1844 - APPROVE CUP_2601 WEST COAST HWYRESOLUTION NO. 1844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2011 -001 FOR A FOOD SERVICE RESTAURANT WITH LATE HOURS, LIVE ENTERTAINMENT, ALCOHOL SALES, OUTDOOR DINING, AND DELIVERIES; AND A PARKING MANAGEMENT PLAN TO ADDRESS OFF -SITE PARKING, VALET, AND AN ADJUSTMENT TO THE OFF - STREET PARKING REQUIREMENTS FOR PROPERTY LOCATED AT 2601 WEST COAST HIGHWAY (PA2011 -005) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by G.E.P. Enterprise Group, with respect to property located at 2601 West Coast Highway, and legally described as the northwesterly 50 feet of the southeasterly 1300 feet of Lot H of Tract 919 requesting approval of a Conditional Use Permit. 2. The applicant proposes a food service restaurant with late hours, live entertainment, alcohol sales, outdoor dining, and delivery. The applicant also proposes a parking management plan to address off -site parking, valet, and an adjustment to the off - street parking requirements. 3. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU -W1). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU -W). 5. A public hearing was held on June 9, 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities. The proposed project consists of interior alterations and minor changes in operational characteristics from previous restaurant operations at this site. Planning Commission Resolution No. 1844 Page 2 of 13 SECTION 3. REQUIRED FINDINGS. In accordance with Sections 20.52.020, 20.48.030, and 20.40.100 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The us e is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The subject property is designated as Mixed -Use Water Related (MU -W1) by the Land Use Element of the General Plan, which is applied to waterfront locations along Mariners' Mile Corridor in which marine - related, visitor - serving, commercial, and residential uses are allowed. The proposed project is consistent with this designation as eating and drinking establishments are visitor - serving and commercial uses. The proposed project will also have space for approximately ten (10) boats, available for patrons who choose to take a boat to the restaurant. Furthermore, Land Use Policy LU 6.19.2 (Bay Fronting Properties) encourages marine - related and visitor - serving retail, restaurant, hotel, institutional, and recreational uses, with some allowance for residential uses. A -2. The subject property is not located in a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning District, which applies to waterfront properties along the Mariners' Mile Corridor in which nonresidential uses and residential dwelling units may be intermixed. Eating and drinking establishments designated as "Food Service, Late Hours" are allowed with approval of a conditional use permit. Facilities open to the public past 11:00 p.m. any day of the week are considered establishments with late hours. The proposed project is consistent with this designation. B -2. As conditioned, the proposed project complies with Section 20.48.090 (Eating and Drinking Establishments) in regards to the operating standards. B -3. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirement for food uses from one (1) parking space for every 30 -50 square feet of net public area. Based on the physical design characteristics, operational characteristics, and location of the establishment, a Tmpit: 04/14/10 Planning Commission Resolution No. 1844 Paqe 3 of 13 parking requirement of one (1) space for every 40 square feet of net public area is sufficient. The applicant is making the dock slips available for patron use, increasing the accessibility to the use. The outdoor dining is limited to less than 25 percent of the interior net public area. The amount of floor area devoted to live entertainment is relatively small, and no dancing is proposed. The applicant proposes to provide high end barbeque that will likely lead to a low turnover rate. There are other nearby uses that will lead to some walk -in trade. Off -site parking and valet are addressed in the Parking Management Plan. B -4. Pursuant to Section 20.40.110 (Adjustments to the Off - Street Parking Requirements), the Parking Management Plan will be implemented to mitigate impacts associated with a reduction in the number of required parking spaces. The Parking Management Plan and valet plan will result in a highly efficient use of the parking spaces available to the restaurant patrons. The parking survey conducted by staff demonstrated that the off- site lot on average contained 40 vehicles out of 122 available spaces (33 percent occupied). The parking survey conducted by staff also demonstrated that the 91 nearby public parking spaces were on average 53 percent occupied. The 2009 parking study by Walker Parking Consultants concluded that overall the Mariners' Mile area does not have a parking shortage. Therefore, the off -site parking agreement will not impact the use of the parking lot by the employees and patrons of 2700 West Coast Highway. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The proposed project is located within a nonresidential zoning district. The parking lot and primary openings to the restaurant are oriented towards West Coast Highway. The outdoor dining area faces the parking lot. The operational characteristics are that of a restaurant, and the establishment will not be used exclusively as a bar or nightclub, as defined by the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The lot is approximately 50 feet wide by 240 feet deep (11,949 square feet in area including partially submerged land), and is developed with a 3,987- square -foot single - story commercial building, a surface parking lot with twelve (12) parking spaces, and a boat slip. The existing building and parking lot have functioned satisfactorily in the Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Paqe 4 of 13 past with the current configuration. The proposed project includes interior alterations and an outdoor patio, which will not negatively affect emergency access. The lot is an interior lot and has multiple doors and windows for ingress and egress. The building is located six feet from the easterly property line, so there is sufficient room for emergency access. Finding: E. Operatio n of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The use is compatible with the neighborhood because the Mariners' Mile area is an established commercial area with several similar uses nearby. The existing site is located on a major road and has been utilized for restaurant uses since 1968. E -2. The project has been reviewed and conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for residents and businesses. E -3. The closest residential district is 500 feet away and the closest residential district across Lido Channel is 800 feet away from the subject property. E -4. Adequate parking is maintained and will be provided by valet service in conformance with the Parking Management Plan. E -5. Potential noise impacts will be diminished because live entertainment is not proposed during late hours or on weekdays. E -6. The Police Department indicates it has no objections to the applicant's request. To ensure the proposed use does not create a detrimental impact during late hours, the applicant (and any future operators of the existing eating and drinking establishment) will be required to obtain an Operator License issued by the Chief of Police pursuant to Chapter 5.25 of the Municipal Code. E -7. The proposed outdoor dining will be located outside of the front entrance facing the parking lot and will be open no later than midnight, daily. E -8. The property has been vacant for several years and re- establishing a restaurant use will help to revitalize the Mariners' Mile area. Tmpit: 04/14/10 Planning Commission Resolution No. 1844 Paae 5 of 13 Finding: F. The proposed use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: F -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers of the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol - related impacts. F -2. Pursuant to Chapter 5.25 of the Municipal Code, the project has been conditioned to require that the applicant, as well as any future operators of the eating and drinking establishment, obtain an Operator License to ensure the establishment is operated in a safe manner. F -3. The subject property is located within a mixed use district developed primarily with commercial uses. Across the Lido Channel, the closest residential district is approximately 800 feet away. To the north, the closest residential district is almost 500 feet away. The nearest park is located on Cliff Drive above West Coast Highway and is over 500 feet from the subject property. There are no day care centers, recreation facilities, places of religious assembly, or schools in close proximity to the subject property. Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: G -1. The off -site parking lot is less than 500 feet away from the subject property. G -2. Valet service will be available on -site allowing customers to drop off their cars at the restaurant site. Finding: H. On- street parking is not being counted towards meeting parking requirements. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Paae 6 of 13 Facts in Support of Finding: H -1. The required amount of parking is 43 spaces. The project provides 12 on -site spaces and 20 off -site spaces; therefore, a parking requirement adjustment of eleven (11) parking spaces is required. H -2. Ninety -one (91) public parking spaces (on street, municipal lot) are located within a short walking distance to the subject property; however, those spaces are not being counted towards meeting the parking requirement. Finding: 1. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1 -1. Employees and patrons parking in the off -site parking lot can walk down Tustin Avenue and cross at the cross walk, so there will not be any undue traffic hazards from pedestrians. 1 -2. Valet service will be available so customers can drop off their cars at the restaurant site. The valet plan will be reviewed and approved by the City Traffic Engineer. 1 -3. The Parking Management Plan will address the use of the off -site parking lot and valet operations. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: J -1. The applicant will secure a lease for 20 parking spaces within the lot located at 2615 Avon Street. If those parking spaces become unavailable in the future, the applicant will notify the Community Development Director who will establish a reasonable time for substitute parking to be provided or the net public area of the restaurant to be decreased. J -2. The off -site parking spaces will be clearly marked for use by employees and customers of 2601 West Coast Highway. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Paqe 7 of 13 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2011 -001, 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. PASSED, APPROVED AND ADOPTED THIS 9" DAY OF JUNE, 2011. AYES: Ameri, Eaton, Toerge, and McDaniel NOES: Unsworth ABSTAIN: None. ABSENT: Hawkins and Hillgren I. _,� ►G�i�: I. Daniel, Chairman 10 TmpIC 04/14/10 Planning Commission Resolution No. 1844 Page 8 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL 1. 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, except as modified by applicable conditions of approval. 2. The Conditional Use Permit shall be reviewed by the Planning Commission at a noticed public hearing within one (1) year of the restaurant being in operation and annually thereafter. The applicant, or operator, shall provide the off -site parking agreement for the next year(s) for the Planning Commission's review at this hearing. 3. The hours of operation shall be limited to between 11:00 a.m. and 11:00 p.m., Monday through Friday and between 9:00 a.m. and 11:00 p.m. Saturday and Sunday, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 4. The outdoor dining patio shall be closed no later than 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the outdoor dining patio be permitted to operate beyond the hours of 1:30 a.m. 5. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 of the Municipal Code may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 6. All windows shall remain closed at all times after 11:00 p.m., daily. 7. The outdoor dining area shall be limited to 429 square feet or 25 percent of the interior net public area, whichever is less. 8. Live entertainment is limited to Saturdays and Sundays from 2:00 p.m. to 7:00 p.m. 9. There shall be no live entertainment allowed on the premises without first obtaining a live entertainment permit from the City. 10. Noise from the live entertainment shall be confined to the interior of the structure. 11. The applicant shall provide licensed security personnel (a minimum of one (1) per 50 patrons) while offering live entertainment. A comprehensive security plan for the permitted use shall be submitted for review and approval by the Police Department. Should security personnel not be deemed necessary by the Chief of Police, the requirement for security personnel may be reduced or waived. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Paae 9 of 13 12. There shall be no dancing allowed on the premises or Cafe Dance permit issued without an amendment to this Conditional Use Permit, 13. Conformance with the Parking Management Plan shall be required at all times. 14. A parking agreement, which guarantees the long term availability of the off -site parking facility for the use located at 2601 West Coast Highway, shall be recorded with the County Recorder's Office. The agreement shall be recorded at 2615 Avon Street, which provides parking for 2700 West Coast Highway. The agreement shall be in a form approved by the City Attorney and Community Development Director. 15. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner, or operator has written rights to park. If, in the opinion of the Community Development Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. Adequate valet personnel shall be provided to eliminate queuing onto West Coast Highway. The Community Development Director or City Traffic Engineer has the discretion to require the preparation and implementation of a revised Parking Management Plan. 16. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 17. The valet plan shall be reviewed and approved by the City Traffic Engineer. 18. The applicant shall fully cooperate with the City, Caltrans, and adjacent property owner to the east with regards to any future construction of the fourth leg of the signalized West Coast Highway/Tustin Avenue intersection. The fourth leg of the intersection is a vital component to improve the valet operation by providing a signalized approach to the driveway. Should this signal improvement not be planned and /or constructed, the City Traffic Engineer shall require, and the applicant is responsible for the implementation of other corrective measures deemed necessary in order to ensure adequate and safe vehicular access and valet parking operations. The current configuration only permits right turn in and right turn out from the existing driveway. 19. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading /unloading on West Coast Highway. Deliveries shall be scheduled outside of the peak operating hours of the restaurant so that access to the side will not be blocked. 20. 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 Community Development Director. 21. The property owner shall provide a 10 -foot wide irrevocable pedestrian easement along the bay front on the inland side of the existing bulkhead. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Page 10 of 13 22. Delivery vehicles for food delivery service offered as part of the restaurant operation shall not park in the public right -of -way when not in use. The food delivery service loading and unloading shall occur on -site. The food delivery service shall be prohibited from loading and unloading within the West Coast Highway right -of -way. 23. No recreational vehicles, boats, or similar vehicles shall be stored at any time at the subject site. 24. Prior to issuance of a building permit, approval from the County of Orange Health Department is required. 25. A grease interceptor shall be installed, subject to review by the Utilities Division and Building Division. 26. Disabled access shall be provided to dining areas or equivalent seating areas and disabled seating shall be provided at the bar. 27. Access compliance and sufficient number of bathroom fixtures shall be provided for the bathrooms. 28. Replacement of 4TT box and lid on the existing clean -out shall be required. 29. Backflow devices may be required, depending on the final design of the project, subject to review by the Utilities Division. 30. Replacement of the sewer lateral may be required, subject to review by the Utilities Division. 31. A kitchen fire suppression system may be required for the hood, subject to review by the Fire Department. 32. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 33. Approval of this Conditional Use Permit does not permit Dry Dock to operate as a bar, tavern, cocktail lounge, or nightclub, as defined by the Municipal Code, unless a new or amended Conditional Use Permit is first approved by the Planning Commission. 34. Full menu service shall be available for ordering at all times that the restaurant establishment is open for business. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Page 11 of 13 36. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 37. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order or sale of drinks, is prohibited. 38. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas is prohibited. 39. The operator 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 he sale of drinks. 40. The quarterly gross sales of alcoholic beverages shall not exceed 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. 41. 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 beverages, without first obtaining an approved Special Event Permit issued by the City. 42. Strict adherence to the maximum occupancy limits is required. 43. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 44. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 45. There shall be no exterior advertising or signs of any type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverage. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 46. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 47. 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. Tmplt: 04114/10 Planning Commission Resolution No. 1844 Page 12 of 13 48. 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. 49. This Conditional 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. 50. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 51. 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. 52. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). 53. 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. 54. No outside paging system shall be utilized in conjunction with this establishment. 55. 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. 56. 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. 57. 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. 58. 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). Tmpit: 04/14/10 Planning Commission Resolution No. 1844 Paqe 13 of 13 59. 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. 60. A Special Event 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, or involve the sale of alcoholic beverages, or include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 61. 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. 62. 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. 63. Conditional Use Permit No. 2011 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 64. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Dry Dock Restaurant including, but not limited to, the Conditional Use Permit No. UP2011 -001. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 65. The boat slips shall be available at all times for exclusive use by the patrons of the establishment. The owner and operator shall be prohibited from renting or leasing the boat slips. 66. All employees shall obtain annual or master parking permits and shall park at the Mariners' Mile lot on Avon Street. Tmplt: 04114/10