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HomeMy WebLinkAbout1821 - APPROVE UP - FULL-SERVICE, SMALL-SCALE RESTAURANT - BEER & WINE_211 MARINE AVERESOLUTION NO. 1821 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2010 -016 FOR A FULL - SERVICE, SMALL -SCALE RESTAURANT WITH BEER & WINE SERVICE LOCATED AT 211 MARINE AVENUE (PA2010 -084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Hyun Wang, with respect to property located at 211 Marine Avenue, and legally described as Lot 23, Block 12, Balboa Island Section Four, requesting approval of a use permit. 2. The applicant is proposing to change an existing take -out service restaurant to a full - service, small -scale restaurant, add eight seats, and introduce the service of beer and wine. 3. The subject property is located within the Retail and Service Commercial- Residential Overlay (RSC -R) District and the General Plan Land Use Element category is Mixed - Use Water - Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water - Related (MU -W). 5. A public hearing was held on September 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The project consists of minor interior alterations to accommodate the addition of eight seats. The addition of seating and the introduction of beer and wine service are considered a negligible expansion of the existing use. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed change in use classification to a full - service, small -scale restaurant and introduction of beer and wine service require the approval of a new use permit. In accordance with Section 20.91.035 Planning Commission Resolution No. 2 of the Zoning Code, the following findings and facts in support of such findings are set forth: Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The site is located within the Retail and Service Commercial- Residential Overlay (RSC -R) District. This district is intended to provide areas which are predominately retail in character, but also allows service and office uses. The residential overlay is intended to allow residential uses on the second floor or above. Full- service, small -scale restaurants, with ancillary beer and wine sales for on -site consumption, are permitted uses within the RSC -R District. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the 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. Facts in Support of Finding: B -1. The Land Use Element of the General Plan designates the project site as Mixed -Use Water - Related (MU -W2). Full- service, small -scale restaurants, with ancillary beer and wine sales for on -site consumption, are permitted uses within this land use designation. B -2. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. B -3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. B -4. The operation of the restaurant will continue to be restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. B -5. No dancing or live entertainment will be provided on the premises. B -6. The restaurant is oriented toward Marine Avenue in a manner that shields the restaurant activity from the residential uses towards the rear. Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Page 3 of 9 B -7. A restaurant has been operated in this location since 1988 under the original approval of Use Permit No. 3319 and has not proven detrimental to the area. B -8. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. Finding: C. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Findina: C -1. Full- service, small -scale restaurants are a permitted use in the RSC -R Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code, and the waiver of development standards as it pertains to site requirements and parking will not be detrimental to the adjoining properties. C -2. The project has been reviewed and conditioned to ensure that the purpose and intent of Chapter 20.89 (Alcoholic Beverage Outlet) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers dining at the restaurant and the operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2010 -084, 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. Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Paae 4 of 9 This resolution supersedes Use Permit No. 3319 as approved by the Planning Commission on July 21, 1988, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS SEPTEMBER 9, 2010. AYES: Eaton, Unsworth, Ameri, and Toerge NOES: Hawkins EXCUSED: McDaniel and Hillgren BY: �. Charles Unsworth, Vice Chairman BY:�° s fylie. e ° oerge, Secretary Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Paae 5 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) 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. 2010 -016 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. 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 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. Approval from the Orange County Health Department is required prior to the issuance of a building 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. 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. 8. 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. 9. 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. Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Page 6 of 9 10. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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. 11. 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. 12. 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. 13. 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. 14. The restaurant development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, refuse storage, and the required parking spaces shall be waived. 15. 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. 16. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 17. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Page 7 of 9 except when served in conjunction with food ordered from the full service menu. 20. Hours of operations shall be limited to between 7:00 a.m. and 10:00 p.m., daily. 21. 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. 22. Service and consumption of alcoholic beverages shall be limited to the interior of the restaurant. Applicant shall post and maintain a professional quality sign (clearly visible at front exit) that designates the specific area where customers may consume alcoholic beverages. Posted sign shall read "NO ALCHOLIC BEVERAGES MAY BE TAKEN BEYOND THIS POINT." 23. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 25. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 26. 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. 27. The Use Permit is for the operation of full - service, small -scale restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 28. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 29. 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. 30. Full meal service shall be provided during all hours of operation. 31. The rear doors of the facility shall remain closed at all times. The use of the rear door Tmplt: 04/14/10 Planning Commission Resolution No. 1821 Page 8 of 9 shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 32. All exits shall remain free of obstructions and available for ingress and egress at all times. 33. Strict adherence to maximum occupancy limits is required. 34. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 35. 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. 36. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 37. No outside paging system shall be utilized in conjunction with this establishment. 38. All trash shall be stored within a commercial trash bin with a solid lid to screen the trash and maintain odors. The lid shall be kept closed at all times. The commercial trash bin shall be located flush against the rear wall of the residential building and parallel to the alley to minimize it's encroachment into the 10 -foot alley setback. 39. 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 bin specified in Condition No. 38. 40. 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. 41. 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. 42. The applicant shall ensure that the trash bins and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained bins or periodic steam cleaning of the bins, if deemed necessary by the Planning Department. Cleaning and maintenance of trash bins shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Tmpit: 04/14/10 Planning Commission Resolution No. 1821 Paae 9 of 9 43. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 44. 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. 45. 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 Hakone including, but not limited to, Use Permit No. 2010 -016 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, attomeys' 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. 46. A maximum of eight seats shall be permitted, as depicted on the approved plans. 47. The applicant shall submit plans for the construction of the new counter to the Building Department for review within 30 days of the effective date of this approval. Construction of the new counter and implementation of the approved seating arrangement shall be completed by December 31, 2010, Tmplt: 04/14110