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HomeMy WebLinkAbout1591 - APPROVE UP AMENDMENT _2745 EAST COAST HWYRESOLUTION NO. 1591 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3153 (PA2003 -002) FOR PROPERTY LOCATED AT 2745 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Pat and Chamas Khantong with respect to property located at 2745 East Coast Highway, and legally described as Lot 15 of East Newport, Block 3, requesting approval of an amendment to Use Permit No. 3153 that would authorize the establishment of a full service, small scale eating and drinking establishment with customer seating. The site is designated Retail and Service Commercial by both the General Plan Land Use Element and the Zoning Code. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the 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. Section 3. The Planning Commission finds as follows: 1. The location for the proposed project requiring this amended Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) District in which the site is located; 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. The amended Use Permit pertains to the conversion of the approved establishment from a take -out restaurant with no seating to a full - service, small -scale eating and drinking establishment with customer seating within an existing building zoned for this activity. The change in use does decrease parking requirements and will have a negligible impact on parking demand due to the fact that dining patrons will tend to stay for a longer period of time than take out patrons. Additionally, the hours of operation have been limited to the lunch and dinner meal periods and service of alcohol is not proposed. 2. The operational characteristics of the proposed use, including the introduction of customer seating and the hours of operation are consistent with Municipal Code requirements. Any change in the operational characteristics including the number of customer seats and hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). City of Newport Beach Planning Commission Resolution No. 1591 Paqe 2 of 4 Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment to Use Permit No. 3153, subject to the conditions set forth in Exhibit "A", the plans dated January 3, 2003. Section 5. 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 3rd DAY OF APRIL 2003. AYES: Toerge, McDaniel, Kiser, Selich and Tucker NOES: Agaianian ABSENT: Gifford BY: 66LT�1 tiwtvl ��, �. K r y , Secretary City of Newport Beach Planning Commission Resolution No. 1591 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED USE PERMIT NO. 3153 1. The development shall be in substantial conformance with the approved floor plan dated January 3, 2003, except as modified by applicable conditions of approval. 2. All trash shall be stored in the building until scheduled trash pick -up occurs. 3. 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. 4. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 5. Hours of operations shall be limited to between 11:00am and 10:00 pm daily. 6. Within 60 days of this approval, grease interceptors or traps shall be installed 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 and Utilities Department. 7. A washout area/sink for the restaurant trash containers shall be provided in such a way as to insure direct drainage into the sewer system. 8. All mechanical equipment shall be screened from East Coast Highway and adjoining properties. 9. A maximum of six (6) tables and fifteen (15) seats are permitted 10. No on -sale or off -sale of alcoholic beverage service is permitted 11. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 12. Amended Use Permit No. 3153 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. City of Newport Beach Planning Commission Resolution No. 1591 Page 4 of 4 13. The sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 14. The applicant shall be responsible for picking up trash outside of the full - service, small - scale- eating and drinking establishment on a daily basis. 15. Delivery vehicles shall not be parked on any residential streets or alleys adjacent to or nearby the full - service, small -scale eating and drinking establishment. 16. 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 either the current business owner, property owner or the leasing agent. 17. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00am interior exterior interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA