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HomeMy WebLinkAbout2017 - USE PERMIT AMENDMENT TO UP1778 FOR OUTDOOR DINING AND OPERATOR LICENSE - 2441 Coast Hwy E RESOLUTION NO. 2017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-020 TO ESTABLISH AN OUTDOOR DINING AND OFF- SITE PARKING ASSOCIATED WITH AN EXISTING RESTAURANT (BUNGALOW RESTAURANT) AT 2441 EAST COAST HIGHWAY (PA2016-083) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Louie Feinstein, with respect to property located at 2441 East Coast Highway, and legally described as Tract 470 Lot 9 Block 730 requesting to establish an outdoor dining area and off-site dining associated with an existing restaurant. 2. The applicant proposes to construct a 266 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. The proposed area would be located within the public right-of-way and requires an additional six parking spaces. The applicant proposes to locate the additional six parking spaces at 2101 East Coast Highway. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On June 11, 1984, the City Council approved an amendment to Use Permit No. 1778 to expand the operating hours of an existing restaurant and allow off-site parking. On August 5, 1996, Outdoor Dining Permit No. 17 was issued establishing an outdoor dining area at the rear of the building. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit No. 1778, as amended, and Outdoor Dining Permit No. 17 and their related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. Planning Commission Resolution No. 2017 Page 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2441 East Coast Highway. SECTION 3. REQUIRED FINDINGS FOR CONDITIONAL USE PERMIT. The outdoor dining area is a change to the operational characteristics of the restaurant, therefore, a conditional use permit is required. A conditional use permit is also required to allow for off-site parking. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1 . The subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 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: 1. The subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 266 square feet in size which requires additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. The existing establishment offers outdoor dining at the rear of the structure. Therefore, additional parking is required for the proposed outdoor dining because the cumulative outdoor square footage exceeds 25 percent of the interior net public area square footage. 07-22-2014 Planning Commission Resolution No. 2017 Page 3 of 9 3. Off-site parking is an activity which is conditionally permitted. It provides flexibility for uses to meet their parking requirements within a built commercial area with limited on-site parking. 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: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 2. The subject dining area is limited to 266 square feet and extends 8-feet from the building edge. The sidewalk would be maintained at seven-feet which is adequate to accommodate pedestrian passage. 3. The hours of the outdoor dining area would be from11:00 a.m. (9:00 a.m. on weekends and holidays) to 10:00 p.m., daily. 4. The internal operations of the restaurant will not be modified. 5. The off-site parking facility is located within an existing multi-tenant commercial building located at 2101 East Coast Highway. The site contains 233 parking spaces. Excess parking is available to lease 35 spaces to the subject restaurant. 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; and Facts in Support of Finding: 1. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 266 square foot eating area and do not encroach into the roadway. 2. The off-site parking facility is located in an existing multi-tenant commercial building. A portion of the parking area is subterranean. 07-22-2014 Planning Commission Resolution No. 2017 Page 4 of 9 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Carnation Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. 2. The off-site parking facility is located within an existing multi-tenant commercial building. The restaurant currently utilizes the site for parking and no issues have been identified. SECTION 4. ADDITIONAL FINDINGS FOR OFF-SITE PARKING In accordance with Section 20.40.100.6 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. The parking facility is located at 2101 East Coast Highway and is approximately 900 feet, or three blocks, from the project site. The restaurant currently utilizes the site for off-site parking for their employees or valet service, therefore it has been demonstrated that it is appropriately located. Finding: B. On-street parking is not being counted towards meeting parking requirements; 1. While on-street parking and a municipal parking lot (4th Avenue and Dahlia Avenue) is located in proximity of the restaurant, these spaces are not being counted towards meeting the parking requirements of the business. 07-22-2014 Planning Commission Resolution No. 2017 Page 5 of 9 Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 1. The restaurant has leased 35 parking spaces at the off-site parking facility at 2101 East Coast Highway. Historically, they leased 20 parking spaces at this location. No traffic hazards have occurred as a result of this activity. Therefore, the increase in off-site spaces is not anticipated to create hazards either. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. 1. An executed lease agreement between the subject off-site parking location and restaurant owner has been submitted stating the availability of 35 parking spaces through May 31 , 2021, with an option for a five year extension. Approval of the outdoor dining is contingent upon the availability of the off-site parking. A condition of approval requires that the applicant notify the Community Development Director if the lease is canceled so that alternative parking may be established or the outdoor dining be removed. SECTION 5. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit UP2016-020, 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 14 days following the date this Resolution was adopted 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, 2016. AYES: Koetting, Kramer, Lawler, Weigand, and Zak NOES: None ABSTAIN: None ABSENT: Brown and Hillgren 07-22-2014 Planning Commission Resolution No. 2017 Page 6 of 9 BY: Kory 14ram airman BY: Peter netting,�ecretary 07-22-2014 Planning Commission Resolution No. 2017 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 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. Use Permit No. UP2016-020 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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the 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. 6. Any change in operational characteristics, 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. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. 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. 9. 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. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 Planning Commission Resolution No. 2017 Page 8 of 9 11. 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. 12. A Special Events 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, 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. 13. 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 Bungalow Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-020. 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. 14. The hours of the outdoor dining area shall be from 11:00 a.m. (9:00 a.m. weekends or holidays) to 10:00 p.m., daily, 15. A parking agreement, approved by the City Attorney and Community Development Director, shall guarantee the long term availability of six parking spaces at 2101 East Coast Highway. The applicant shall notify the Community Development Director immediately if access to these spaces change. If the parking agreement is terminated the Community Development Director shall establish a reasonable time for the applicant to identify substitute parking or the outdoor dining area may be eliminated or reduced in size. 16. There shall be no dancing or live entertainment allowed on the premises. 17. All employees shall park at the off-site parking facility located at 2101 East Coast Highway. Police Department 18. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the 07-22-2014 Planning Commission Resolution No. 2017 Page 9 of 9 restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. 19. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for the selling of alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 20. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 21. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of the 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 fre quently than on a quarterly basis and shall be made available to the Police department on demand. Building Division 22. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 24. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 25. The applicant shall obtain an Annual Sidewalk Cafe License Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 26. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014