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HomeMy WebLinkAbout1645 - APPROVE UP_1701 CORINTHIAN WAY, SUITE ERESOLUTION NO. 1645 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -022 FOR PROPERTY LOCATED AT 1701 CORINTHIAN WAY, SUITE E (PA2004 -130) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mia Kim, owner of Yi Dynasty Korean BBQ Restaurant, with respect to property located at 1701 Corinthian Way, Suite E, requesting approval of Use Permit No. 2004 -022 to permit the expansion of an existing eating and drinking establishment and a waiver of a portion of the required off - street parking. The site is designated Retail & Service Commercial by the General Plan Land Use Element and is located within the Newport Place Planned Community District and has a land use designation of General Commercial. WHEREAS, a public hearing was held on August 19, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of 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. WHEREAS, the Planning Commission finds as follows: 1. The City's General Plan designates the site as Retail & Service Commercial. The Newport Place Planned Community District designates the site as General Commercial, which allows the site to be used for commercial uses. Eating and Drinking Establishments are permitted uses within these designations. 2. The expanded use 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 for the following reasons: a. The location of the restaurant is in a commercial area of the City near the John Wayne Airport. b. Surrounding land uses are dominated by general commercial, retail, professional office uses and eating and drinking establishments. Restaurant uses are expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. c. A restaurant has been operating at this location in a similar capacity since 1973 as a permitted use and has not proved detrimental to the area. Planning Commission Resolution No. 2 of 6 d. Based on the results of a parking demand study, the modest increase in floor area and net public area will not create parking demand conflicts within the shared shopping center parking lot. e. The project design and operational characteristics including the waiver of 34 of the required 53 parking spaces, as conditioned, meets the intent of the Zoning Code and Planned Community District. 3. The required findings for granting a waiver of a portion of the required off - street parking can be made for the following reasons: A parking demand study found that the peak parking demand period occurred during the noontime weekday lunch period when only 226 of the 361 (63 %) available parking spaces were occupied, demonstrating that the parking demand is lower than parking space requirements of the Zoning Code. b. Any future restaurant uses proposed in the shopping center will require the approval of a Use Permit and a corresponding review of parking demand conditions. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of interior modifications of an existing commericl building. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2004 -022, subject to the Conditions set forth in Exhibit "A ". Section 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 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. Planning Commission Resolution No. 3 of 6 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF AUGUST 2004. AYES: Eaton, Tucker, Selich, McDaniel and Daigle ABSENT: Cole and Toerge BY: Chairman BY: ✓ Secretary Planning Commission Resolution No. 4of6 EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 2004 -022 1. Use Permit No. 2004 -022 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. 2. 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. 3. Restroom and plumbing fixtures shall be provided in accordance with Building Department and Uniform Plumbing Code requirements. 4. Any change in operational characteristics, hours of operation, 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. 5. 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. 6. 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. 7. 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 the current owner or leasing company. 8. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. The project shall be in substantial conformance with the approved site plan dated August 10, 2004 and floor plan dated March 31, 2004. 10. All employees are required to park on site. 11. There shall be no live entertainment and /or dancing at any time. 12. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. Planning Commission Resolution No. Page 5 of 6 13. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 14. Full meal service shall be provided during all hours of operation. 15. Alcoholic beverage sales, delivery and consumption is subject to the review and approval of the California Board of Alcoholic Beverage Control. 16. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 17. The applicant and or operator shall not share any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 18. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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: 19. 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. Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA I 5OdBA Commercial Property N/A 65dBA N/A 1 60dBA 19. 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. Planning Commission Resolution No. Page 6 of 6 20. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 21. The exterior of the eating and drinking establishment 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. 22. Storage outside of the building shall be prohibited. 23. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 24. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and Public Works Department. 25. Grease interceptors shall be provided 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.