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HomeMy WebLinkAboutZA2012-006 Restaurant Expansion Use PermitRESOLUTION NO. ZA2012- 006 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -002 FOR THE EXPANSION AND ADDITION OF AN OUTDOOR DINING AREA TO AN EXISTING RESTAURANT LOCATED AT 4251 MARTINGALE WAY, SUITE A (PA2012 -009) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by F &D Barone Inc. with respect to property located at 4251 Martingale Way, Suite A, and legally. described as Parcel Map Book 53, Page 53, Parcel 1, requesting approval of a Minor Use Permit. 2. The applicant requests a Minor Use Permit to amend Minor Use Permit No. UP2011- 008 (PA2011 -047) to expand an existing 2,567- square -foot restaurant by combining and converting 810 square feet of an existing, adjoining retail space to restaurant space, which will consist of a private banquet room, restroom, server station, office and storage; and adding a 550 - square -foot outdoor dining patio. The hours of operation, 10:00 a.m. to 11:00 p.m., and alcohol license, Type 47 On -Sale General (Beer, Wine, & Distilled Spirits), will remain the same. No live entertainment or dancing is proposed. 3. The subject property is located within the PC -11 (Newport Place) Planned Community and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 29, 2012, 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 (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator 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, pursuant to Section 15301 (Class 1 — Existing Facilities). 2. Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed projects involves interior alterations to convert existing retail space to an eating and drinking establishment and the addition of an outdoor patio area for accessory dining. Zoning Administrator Resolution No. ZA2012 -206 Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and decision) of the NBMC, the following findings and facts in support of the findings for a Minor Use Permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The General Plan land use designation for this site is MU -H2 (Mixed -Use Horizontal) which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses in the Airport Area. The existing restaurant, including the proposed expansion and accessory outdoor dining addition, is consistent with this land use category. 2. Eating and drinking establishments are common in the vicinity and are frequented by the surrounding businesses, travelers that visit the City for business and pleasure, and residents of the City. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 3. 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 Findinq 1. The site is located within General Commercial Site 6 of the Newport Place Planned Community Zoning District. The restaurant, including the proposed expansion and accessory outdoor dining addition, is allowed subject to the approval of a Minor Use Permit in the Planned Community. 2. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) in regards to the operating standards and the restaurant is required to adhere to those standards. 3. Pursuant to the Newport Place Planned Community regulations, the NBMC regulates the parking requirement for the project because the net floor area of all the restaurants exceeds 20% of the net floor area of the entire retail - commercial center. Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC establishes criteria to determine the parking requirements for uses from 1 parking space for every 30 -50 square feet of net public area, plus the area of the outdoor dining area that is Tmpit: 03108/11 Zoning Administrator Resolution No. ZA2012 -206 Page 3 of 10 greater than 25% of the interior net public area or 1,000 square feet, whichever is less. Based on the low- turnover, sit -down characteristics of the restaurant with the sale of alcoholic beverages and no live entertainment or dancing, a parking requirement of 1 space for every 40 square feet of net public area is appropriate. Per existing and proposed parking tabulations the site will provide adequate parking spaces to accommodate the proposed use. 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 1. The restaurant is located in an existing commercial development that contains a mix of uses, including professional offices, retail stores, personal service type uses, and other restaurants. 2. A restaurant has been operated at this location since the 1970s and pursuant to Use Permit 3656 since 1999. The use has not proven detrimental to the area. This demonstrates the location's capability of operating as a compatible use with other land uses in the vicinity. 3. The proposed project involves interior alterations to an adjoining suite to convert existing retail space to a food service, eating and drinking establishment and the addition of an outdoor patio area for accessory dining. The hours of operation and type of alcohol license applicable to the existing restaurant will also apply to the new indoor and outdoor areas. Modifications will be made to the parking area fronting the building to accommodate the addition of the outdoor patio. These modifications will result in a net loss of parking spaces; however, the site will still provide a surplus of parking spaces. 4. The applicant is required to control trash and litter around the subject property. 5. The applicant has installed a grease interceptor and obtained Health Department approval. The establishment will comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. 6. A restaurant is a typical use in this area, and the establishment, as conditioned, will not be open late or operate as a bar or nightclub. 7. The hours of operation of the restaurant, including the outdoor patio, are restricted to the hours between 10:00 a.m. and 11:00 p.m., daily. Tmplt: 03108/11 Zoning Administrator Resolution No. ZA2012 -206 Page 4 of 10 8. The proposed project is located within a nonresidential zoning district and surrounded by other nonresidential districts and uses. The establishment will comply with exterior noise standards as outlined by the Title 10 (Offenses and Nuisances) of the NBMC. 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 1. The existing building and parking lot have functioned satisfactory with the current configuration. The proposed project, which includes interior alterations to convert retail space to restaurant use and the addition of an outdoor patio, will not negatively affect emergency access. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the retail - commercial center. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. The project will comply with all ordinances of the City and all conditions of approval. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will continue to serve the surrounding commercial, visitor serving, and business community. The proposed establishment provides dining services as a public convenience to the surrounding neighborhood. The restrictions on seating and net public area prevent adverse traffic impacts. TmpIC 03106/11 Zoning Administrator Resolution No. ZA2012 -206 Page 5 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Minor Use Permit applications do not becorne effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at 949- 644 -3200. PASSED, APPROVED, AND ADOPTED THIS 29T" DAY OF FEBRUARY, 2012 By: Tmpir: 03/08/11 Zoning Administrator Resolution No. ZA2012 -206 Page 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. This approval supersedes Use Permit No. UP2011 -008 (PA2011 -047). 2. The development shall be in substantial conformance with the approved site plan and floor plan dated with this date of approval. (Except as modified by applicable conditions of approval.) 3. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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. h. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 5. Minor Use Permit No. UP2012 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by either the current business owner, property owner or the leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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 Minor Use Permit. 9. 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 Division. 10. Prior to the issuance of building permits, any applicable Fair Share Traffic Contribution Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 11. The indoor net public area shall be limited to a maximum of 1,717 square feet and 100 seats. Tmplt 03/08111 Zoning Administrator Resolution No. ZA2012 -206 Page 7 of 10 12. The outdoor dining area shall be limited to a maximum of 550 square feet in area and 42 seats. 13. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 14. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area, plus the area of the outdoor dining area that is greater than 25% of the interior net public area or 1,000 square feet, whichever is less. 15. A copy of these conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 16. The hours of operation, including the outdoor dining area, for the eating and drinking establishment are limited from 10:00 a.m. to 11:00 p.m., daily. 17. Any increase in the hours of operation shall be subject to the approval of an amendment to this Minor Use Permit and may be subject to approval by the Zoning Administrator or Planning Commission. 18, The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 19. The boundary of the accessory outdoor dining area shall be marked through the use of a 36- inch -high boundary rail, unless a higher rail or other marking is otherwise approved by the Community Development Director. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 20. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Division. Final material, height, and location of the boundary rail shall be subject to approval by the Building and Planning Division staff. 21. 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. 22. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 23. The size, design, and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Division prior to issuance of building permits. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -206 Page 8 of 10 24. 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 Community Development Director, and may require an amendment to this use permit. 25. Any changes to the existing parking lot design require review and approval frorn the Public Works Department. 26. An encroachment permit is required for all work activities within the public right -of way. 27. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 28. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 29. Employees shall park on -site. 30. No amplified music, public address speakers, outside paging system, loudspeaker, sound system or other noise generating device shall be utilized in conjunction with this establishment. 31. 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 the II Barone Minor Use Permit, including, but not limited to, Use Permit No. UP2012 -002 (PA2012- 009). 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. 32. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 33. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. Tmplt: 03108/11 Zoning Administrator Resolution No. ZA2012 -206 Page 9 of 10 34. Provide a washout area with a minimum useable area dimension of 36- inches -wide, by 36- inches -deep, by 72- inches -high shall be provided inside the facility or outside of the tenant space in a readily accessible area within a portion of the screened area or refuse containers 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 in conjunction with the approval of an alternative drainage plan. Police Department Conditions 35. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. The use of the Type 47 license shall be applicable to both the existing facility and the new indoor and outdoor areas approved with this Minor Use Permit. 36. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 37. There shall be no exterior advertising or signs of any type, including advertising directed to the exterior from within, promoting or indication the availability of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 38. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 39. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based up on monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 40. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 41. There shall be no on -site radio television, video, film, or other electronic or media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 42. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -206 Page '10 of 10 43. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 44. 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 prernises and shall be presented upon request by a representative of the City of Newport Beach. 45. A Special Events Permit is required for any event or promotional activity outside the norrnal 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. 46. 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 is prohibited. Tmplt: 03108/11