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HomeMy WebLinkAbout1660 - APPROVE UP AND MD_3110 NEWPORT BLVDRESOLUTION NO. 1660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -049 AND MODIFICATION PERMIT NO. 2004 -089 FOR PROPERTY LOCATED AT 3110 NEWPORT BOULEVARD (PA2004 -273) WHEREAS, an application was filed by TC Holdings, with respect to property located at 3110 Newport Boulevard, and legally described as Lots 3,4,5,6,7,8 of Block 431 of Lancaster's' Addition to Newport Beach requesting approval of Use Permit No. 2004 -049 to allow additions and alterations to an exiting eating and drinking establishment and approval of a Modification Permit to allow the alteration and addition to an existing building that would encroach 4 feet within the required 10 -foot alley setback. WHEREAS, a public hearing was held on February 17, 2005 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. Now, therefore the Planning Commission hereby resolves as follows: Section No. 1: The Planning Commission makes the following findings: 1. The site is designated Retail and Service Commercial by the General Plan Land Use Element. Eating and drinking establishments with the on -site alcoholic beverage service are permitted within this land use designation subject to compliance with applicable zoning regulations. 2. The project will not be detrimental to the public health, safety, peace, 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 project site is located in a commercially designated area and surrounding land uses are dominated by retail commercial, and visitor serving uses and some mixed residential /commercial uses are in the vicinity. The project site is not located in close proximity to other sensitive land uses such as day care centers, schools, parks and recreation facilities or places of religious assembly. b. Use of the project site for an eating and drinking establishment has occurred since the early 1970's and it has not been determined to be a public nuisance or otherwise detrimental to the community. c. Project implementation will create a more aesthetically pleasing site through an innovative design that is generally consistent with the design theme for the Cannery Village area. The use of a metal roof and open staircase provide a modest amount of marine or industrial elements that are reminiscent of the past use of the Cannery Village. City of Newport Beach Planning Commission Resolution No. Paoe 2 of 10 d. The project includes conditions related to public safety, noise abatement, water quality and property maintenance that will reduce current and avoid future potential land use compatibility issues. Prohibiting music of any kind on the proposed outdoor patio, closure of the patio at 10PM and closure of the retractable roof and wall at 10PM will ensure that noise will be confined within the building during the evening and night hours. The lack of live entertainment and dancing will also reduce potential noise related issues. The addition of live entertainment or dancing is a substantial operational change that would require an amendment to this permit. e. The reduction of one parking space in association with the proposed project is not significant given the availability of street parking in the area and the fact that people in the area tend to walk or bike to the existing establishment and are likely to continue to do so. 3. The granting of the requested encroachment within the alley setback (MD2004 -089) is necessary due to practical difficulties associated with the property due to the size of the lot and the location of the existing building. A second floor addition constructed in conformance with the 10 -foot setback would require additional structural supports within the interior of the building that could lead to inefficient use of interior spaces. Other locations for the addition would either eliminate parking or eliminate the ability to have the proposed retractable roof. These hardships associated with the strict application of the setback standard result in a circumstance that is inconsistent with the purpose and intent of the Zoning Code which is to promote the growth of the City of Newport Beach in an orderly and beneficial manner while promoting and protecting the public health, safety, peace, comfort and general welfare. 4. The requested setback encroachment is compatible with existing development in the neighborhood because reduced alley setbacks within the in the Canner Village area are common. Existing buildings on the subject block, including the existing building, presently encroach within the alley setback to some degree. Additionally, two -story building mass is also common directly abutting public sidewalks and alleys. 5. The Traffic Engineer has no concerns with the proposed encroachments within the alley setback given the prior approval of the existing building encroaching 4 feet within the 10- foot setback and the fact that further encroachment is minimized. The request will effectively leave the alley approximately 20 feet in width, which presently permits adequate vehicle maneuvering. The two story building area that would result from the approval of the request complies with applicable height limits and would not directly impact any abutting property given their use and setbacks to nearby structures. 6. The project is exempt from environmental review pursuant to Section 15302 (Class 2) of the implementing guidelines of the California Environmental Quality Act. This exemption covers the replacement or reconstruction of existing public or private structures provided that they do not result in any environmental impact. The expansion of the facility is minor and the site has no significant environmental resources that would be impacted by the construction and operation of the project. City of Newport Beach Planning Commission Resolution No. _ Paqe 3 of 10 Section No. 2: The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2004 -049 and Modification Permit No. 2004 -089, subject to the conditions set forth in Exhibit W', the plans dated February 9, 2005. Section No. 3: This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal to the City Council is filed with the City Clerk in accordance with the provisions of Chapter 20.95 (Appeals) of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3'd DAY OF MARCH 2005. AYES: Eaton, Cole, Toerge, Tucker, Selich, McDaniel, Hawkins NOES: None BY Larry Tucker, Chairman r BY: J e, Secretary City of Newport Beach Planning Commission Resolution No. Paoe 4 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -049 and MODIFICATION PERMIT NO. 2004 -089 1. The development shall be in substantial conformance with the site plan, floor plan and elevations dated February 9, 2005. 2. Use Permit Nos. 2004 -049 and Modification Permit No. 2004 -089 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. 3. 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 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. 4. 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. 5. 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. 6. Any change in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all applicable 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. 8. Should this business be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 9. The second floor office space shall only be used for commercial activities associated with in support the eating and drinking establishment. The office area shall not be leased or rented as a separate use. City of Newport Beach Planning Commission Resolution No. Paae 5 of 10 10. The two open patio areas on the second floor of the building shall not be enclosed any further than that depicted on the approved plans. 11. The second floor patio and office areas are for use by restaurant employees and owners only. Establishment patrons are restricted from accessing or otherwise using these areas. 12. 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. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 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. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 16. The project shall conform to sight distance standard 110 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Final designs shall be reviewed and approved by the City Traffic Engineer. 17. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 18. Lighting of the parking lot shall be in conformance with Section 20.82.040.A.7 of the Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the City of Newport Beach Planning Commission Resolution No. _ Page 6 of 10 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. 20. The authorized use of the building is an eating and drinking establishment and full meal service shall be provided during all hours of operation. The use shall not be operated as a "bar" without full meal service or a nightclub as these uses are not authorized. 21. No dancing is permitted at any time. 22. Live entertainment is permitted upon receipt of a Live Entertainment Permit issued by the City Manager. 23. Live entertainment is limited to the interior of the building and shall cease to occur at 10:OOPM. 24. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 25. The operator of the facility shall be responsible for the control of noise generated by the subject facility. 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: 26. Hours of operation for the establishment are 6:OOAM and 2:OOAM daily. The 310 square foot outdoor patio located near Newport Boulevard shall be closed at 1:OOAM daily. 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. Between the hours of Between the hours of 7:OOAM and 10:0013M and 10:0013M 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 26. Hours of operation for the establishment are 6:OOAM and 2:OOAM daily. The 310 square foot outdoor patio located near Newport Boulevard shall be closed at 1:OOAM daily. 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. City of Newport Beach Planning Commission Resolution No. Pape 7 of 10 28. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. The Planning Director may also restrict the hours of operation of the exterior patio should noise generated from use of the patio create an unacceptable negative impact on the surrounding area. 29. No audible paging system shall be utilized in conjunction with this establishment. 30. No recorded music or other type of sound amplification shall be allowed within the outdoor patio area. 31. 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. 32. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in 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 is prohibited. 33. All exits shall remain free of obstructions and available for ingress and egress at all times. 34. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling 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. 35. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the approved use shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic City of Newport Beach Planning Commission Resolution No. _ Page 8 of 10 beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 36. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 37. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 38. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 39. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 40. A grease interceptor of adequate size and design shall be provided pursuant to the requirements of the Building Code and Building Department. 41. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 42. Prior to the issuance of building permits, approval from the Orange County Health Department is required. 43. Prior to issuance of a Building Permit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping or sewer as approved by the Public Works and Building Departments and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 44. Portable heaters are not permitted on the outdoor patio dining area. City of Newport Beach Planning Commission Resolution No. _ Page 9 of 10 45. Prior to the issuance of a certificate of occupancy, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel, 46. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. 47. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 48. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 49. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 50. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping, parking facilities, lighting and required washout facilities have been installed in accordance with approved plans.. 51. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 52. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the City of Newport Beach Planning Commission Resolution No. _ Paqe 10 of 10 Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan dated February 9, 2005. 53. The covered parking stall adjacent to the alley as shown on the floor plan shall be designated and signed as employee parking only. This parking space shall not be further enclosed in any fashion or made unavailable for parking purposes. 54. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 55. Outdoor storage of any kind is prohibited. 56. All utility connections shall be placed underground. 57. Prior to the issuance of a building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building and Public Works Departments.