Loading...
HomeMy WebLinkAbout1829 - APPROVE AMENDMENT TO UP _ 3536 EAST COAST HWYRESOLUTION NO. 1829 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1 TO USE PERMIT NO. UP2009 -035 FOR A PARKING WAIVER AND AN INCREASE IN THE HOURS OF OPERATION FOR PROPERTY LOCATED AT 3536 EAST COAST HIGHWAY (PA2010 -103) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rose Bakery Cafe, with respect to property located at 3536 East Coast Highway, and legally described as Lots 4 and 5, Block U, Tract 0323, requesting approval of a use permit for a parking waiver. 2. The applicant proposes a use permit amendment for a parking waiver of fifteen (15) parking spaces that were required with the restaurant expansion approved with Use Permit No. UP2009 -035. The applicant also proposes to increase the hours of operation by one hour. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 9, 2010, 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 includes the operation of existing facilities involving negligible or no expansion of use. The application does not include any changes in use or physical changes to the property. The parking does not negatively affect the traffic or circulation in the area based on the number of pedestrian customers and the use of the off -site parking lot. Planning Commission Resolution No. 1829 Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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: A -1. The existing restaurant is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The restaurant is consistent with this designation. The existing restaurant is designed and oriented to serve residents and visitors in the area and patrons do walk or bicycle to the restaurant. A -2. The subject property is not part of 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 Findin B -1. The existing restaurant is located in the Corridor Commercial (CC) Zoning District, which is intended to provide for areas appropriate for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Restaurants are retail and service uses and are permitted within this Zoning District subject to the approval of a use permit. B -2. The parking waiver is necessary to satisfy the Zoning Code - required parking spaces for the previously approved expanded use. The use permit approval is consistent with Chapter 20.40 (Off- Street Parking) of the Zoning Code regarding the waiver of the requirement for fifteen (15) parking spaces in conjunction with the Parking Management Plan. B -3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) in regards to the operating standards. The Use Permit contains conditions to maintain the requirements of Section 20.48.090, including conditions regarding storage, outdoor dining, and queuing of patrons. Planning Commission Resolution No. 1829 Page 3 of 8 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, but residential uses are located nearby on Orchid Avenue. The project is similar to and compatible with other neighborhood - serving retail and service uses located on East Coast Highway. The size of the building and subject suite is comparable to buildings in the Corona del Mar area. C -2. The operational characteristics are that of a bakery and restaurant, and the hours of operation of the establishment are restricted and the use cannot operate as a bar or nightclub. The restaurant serves residents, visitors, and employees in the area. C -3. The subject site contains thirteen (13) parking spaces and the restaurant employees and patrons will also utilize the adjacent parking lot containing twenty -nine (29) parking spaces, thereby avoiding parking in the adjacent residential area. Corona del Mar serves a larger number of pedestrians and bicyclists, which justifies a reduction in the off - street parking requirement. The location of the outdoor patio expansion does not hinder pedestrian movement along East Coast Highway. 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 10,000 square feet in area, and is developed with a multi - tenant building and surface parking lot containing 13 parking spaces. The existing building and parking lot have functioned satisfactorily with the current configuration. D -2. The site is located adjacent to a parking lot that is not utilized during the day and it is available for patrons of the use. D -3. The proposed project includes a use permit for a parking waiver to reduce the requirement for fifteen (15) off - street parking spaces and will not negatively affect emergency access. The lot is a corner lot and each suite has multiple doors for ingress and egress. The subject lot is surrounded on three sides by public streets and a public alley. D -4. The Public Works Department has reviewed and does not have any objection to this application. When Use Permit No. 2009 -035 was originally reviewed, the Utilities, Planning Commission Resolution No. 1829 Paae 4 of 8 Building, and Fire Departments reviewed the application and also had no objections to the project. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. D -5. The on -site parking lot is deficient parking spaces based on the size of the existing building and use of the tenant suites. However, the existing condition has not been detrimental to the community and adequate parking has been available for the uses in the area. Finding: E. Operation 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. No dancing, live entertainment, or pool tables are allowed on the premises. The employees and patrons of the restaurant have access to the off -site parking lot located on the other side of the alley until 5:00 p.m., daily. The parking survey demonstrated that the on -site parking lot is seldom at capacity. The Walker Parking Consultants Parking Study that analyzed the parking situation in Corona del Mar demonstrates that this area has an adequate supply of off - street parking for the current land uses. E -2. The hours of operation of the facility of 5:00 a.m. to 8:00 p.m., daily, will limit any late - night noise impacts on the neighboring residential uses. E -3. The conditions imposed on the use will reduce possible detriment to the community by ensuring continued consistency with the intent and purpose of the Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Amendment No. 1 to Use Permit No. UP2009 -035, 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. 3. This resolution supersedes Planning Director's Use Permit No. 29, which upon vesting of the rights authorized by this approval, shall become null and void. Planning Commission Resolution No. 1829 Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER, 2010. AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren NOES: Hawkins ABSTAIN: None ABSENT: None BY:' . Earl McDaniel, Chairman BY: Mic age, Secretary Planning Commission Resolution No. 1829 Paae 6 of 8 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 conditions of approval from this Resolution herein replace and supersede the previous conditions of approval from Planning Commission Resolution No. 1802, dated January 12, 2010, upon implementation of this amendment. 3. All applicable conditions of approval of Accessory Outdoor Dining Permit No. 60 shall apply and remain in force. Planning Director's Use Permit No. 29 is null and void. 4. This use permit is subject to the approved Parking Management Program, which can be modified by the Planning Director or Planning Commission. 5. The Use Permit shall be reviewed by the Planning Commission one year after the conclusion of the appeal period. 6. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all- weather enclosure. 7. The queuing of patrons shall be managed to allow pedestrian passage on the sidewalk. 8. The parking lot shall be restriped according to the approved plans from this Use Permit dated July 16, 2010. 9. Deliveries, refuse collection, and grease trap clean out for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. No outside paging system shall be utilized in conjunction with this establishment. 12. 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. Planning Commission Resolution No. 1829 Pace 7 of 8 13. 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. 14. 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). 15. 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. 16. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 17. 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, 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. 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. 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. 20. 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. 21. This 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 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. 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, 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. 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. 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. 20. 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. 21. This 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 Planning Commission Resolution No. 1829 Page 8 of 8 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. 22. 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. 23. 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. The construction plans must meet all requirements for the restroom facilities. 24. 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. 25. 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. 26. 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 Rose Bakery Cafe Parking Management Plan including, but not limited to, Amendment No. 1 to Use Permit No. UP2009 -035 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. 27. Amendment No. 1 to Use Permit No. UP2009 -035 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. Tmpll: 04/14/10