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HomeMy WebLinkAbout930 Sushi Restaurant Expansion 930 W PCHCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 17, 2008 Meeting Agenda Item No. 7 SUBJECT: 930 Sushi Restaurant Expansion (PA2007 -211) 930 West Coast Highway • Use Permit No. 3649 • Accessory Outdoor Dining Permit No. 54 APPLICANT: Andrei Leontieff PLANNER: Janet Johnson Brown, Associate Planner (949) 644 -3236, jbrown @city.newport- beach.ca.us PROJECT SUMMARY An amendment to Use Permit No. 3649 to allow for the following: 1. A change in operational characteristics from a full - service, small -scale to full - service, low turnover eating and drinking establishment. 2. A 550 - gross- square -foot expansion (including approximately 390 square feet of net public area) for the purpose of providing an additional dining area and a bar. 3. A waiver of 13 off - street parking spaces that would be required for the expansion of the existing restaurant. 4. A change of the Alcoholic Beverage Control (ABC) license from a Type 41 to a Type 47. Also requested is an amendment to Accessory Outdoor Dining Permit No. 54 to allow an 18.5- square -foot increase to the existing 138.5- square -foot outdoor dining area. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing and adopt a resolution (Exhibit 1) to approve an amendment to Use Permit No. 3649 and Accessory Outdoor Dining Permit No. 54 subject to findings and conditions of approval. ,» WC, m - . / � m < LN � y y Project pct_ 950 mw, [Pon � �� - i 930 Sushi Restaurant Expansion July 17, 2008 Page 3 GENERAL PLAN ZONING a i8b ; cwarmw+w t A caarmnw LOCATION GENERAL PLAN ZONING CURRENT USE General Commercial Retail and Service Commercial Retail Shopping ON -SITE (CG 0.3 FAR) Commercial- Mariners Center, Automobile Dealership Mile Overlay RSC-MM) and Automobile Sales Facility NORTH Single Unit Residential Single - Family Residential Detached Single - Family Detached (RS-D) (R -1 Residential Mixed -Use Water 1 & Balboa Bay Club Planned Single Unit Residential Community - Mariners Mile Balboa Bay Club & Resort & SOUTH Detached Overlay & Single - Family Detached Single - Family (MU -W1 and RS -D) Residential Residential PC45 -MM & R -1 General Commercial Retail and Service EAST (CG 0.3 FAR) Commercial - Mariners Restaurant Mile Overlay RSC-MM) General Commercial Retail and Service WEST (CG 0.3 FAR) Commercial - Mariners Automobile Sales Mile Overlay RSC -MM Project Setting The project is located on the north side of West Coast Highway, approximately one - quarter of a mile west of the intersection of West Coast Highway and Dover Drive. The restaurant is situated in an existing multi- tenant retail commercial center located at 900- 1000 West Coast Highway, and is occupied by a marine retail sales facility, an automobile dealership, a small automobile sales facility, a jewelry store, and a hair salon. One tenant space is currently unoccupied. 5 930 Sushi Restaurant Expansion July 17, 2008 Page 4 Proiect Description The existing restaurant is a full - service, small -scale eating and drinking establishment consisting of 1,305 gross square feet, with 444 square feet devoted to a dining area and sushi bar. The balance of floor area consists of a kitchen, food preparation and storage area, and restrooms. An accessory outdoor dining area, consisting of approximately 138.5 square feet, is located in front of the restaurant adjacent to the parking lot. The applicant proposes to expand the existing restaurant into an adjacent unoccupied tenant space. The overall gross floor area of the restaurant would be increased by 550 square feet, for a total of 1,855 gross square feet. The net public area would be increased by 382 square feet, providing a total net public area of 826 square feet. This increase in floor area constitutes a major change in operational characteristics. The project description provided by the applicant (Exhibit 3) states the business has grown considerably, and on crowded nights patrons are turned away or forced to wait outside the front door or in the parking lot for a table or a seat at the sushi bar. The new space is proposed to be improved with a new dining area and a bar to provide an area for patrons waiting to be seated for food service. The proposed increase from 20 seats to 52 seats constitutes a change of the use classification to a full - service, low turnover eating and drinking establishment, because full - service, small -scale establishments are limited to 25 seats maximum. Parking for the restaurant is provided in the retail commercial center's 79 -space parking lot that is shared with the other tenants. The restaurant is currently allocated 8 parking spaces, based on a ratio of 1 parking space for every 75 square feet of net public area. With the proposed expansion and change of use classification, the ratio for the required off - street parking would be 1 parking space for every 40 square feet of net public area. Because there is no surplus of parking spaces, a waiver is requested for 13 off- street parking spaces that would be required to allow the expansion. In conjunction with the proposed expansion, the applicant is requesting to change the ABC license from a Type 41, which allows the sale of beer and wine, to a Type 47, which would allow the sale of beer, wine, and distilled spirits for consumption on the premises. An amendment to a use permit is required for a major change in operational characteristics, a change to the use classification, and a change to the ABC license type. A use permit is also required, and may be granted when certain conditions are met, to waive a portion of required off - street parking spaces. The applicant also proposes a minor addition of 18.5 square feet to the existing 138.5 - square -foot outdoor dining area in front of the area of the proposed expansion, which requires an amendment to the existing Accessory Outdoor Dining Permit No. 54. I 930 Sushi Restaurant Expansion July 17, 2008 Page 5 Background Use Permit No. 3649 & Accessory Outdoor Dining Permit No. 54 for 930 West Coast Highway The restaurant was originally permitted in May 1997 as a specialty food service facility ( Galeo's Cafes), specializing in gourmet coffee, baked goods, and sandwiches. In September 1998, the Planning Director approved Accessory Outdoor Dining Permit No. 54 which allowed an outdoor dining area in conjunction with the specialty food service facility. In April 1999, the Planning Commission approved Use Permit No. 3649 allowing the specialty food service facility to convert to a full - service, small -scale eating and drinking establishment with alcoholic beverage service of beer and wine only. The Planning Commission approved a waiver of restaurant development standards pertaining to site requirements, off - street parking, landscaping, and walls. The waiver was granted based on findings that the project met the purpose and intent of the development standards of the Municipal Code for restaurants and the granting of the waiver achieved the same results as would strict compliance with the requirements of the Code. The Planning Commission Meeting Minutes dated April 8, 1999, and Findings and Conditions of Approval are attached as Exhibit 4. The current restaurant, 930 Sushi, opened in 2002 and operates under the same conditions of Use Permit No. 3649 granted for Galeo's Cafe. The following table provides a summary of the project and operational characteristics pursuant to Use Permit No. 3649, as well as the changes proposed with this application. 930 Sushi — General Project Characteristics Use Permit No. 3649 & Accessory Outdoor ining Permit No. 54 Existing Operations Proposed Operations Use Classification: Full Service, Small -Scale Full Service, Low Turnover Tenant Space Square 1,365 sq. ft. 550 sq. ft. addition Footage: 1,855 sq. ft. total Net Public Area (NPA): Actual: 444 sq.ft. NPA 382 sq.ft. NPA addition Permitted: 605 sq. ft. NPA 826 s .ft. total NPA Number of Seats: 20 seats maximum 52 seats total Alcoholic Beverage Service: Type 41, On -sale Beer & Wine - Type 47, On -sale General — Eating Eating Place Place Outdoor Dining Area: Actual: 138.5 sq. ft. 18.5 sq. ft. addition Permitted: 150 sq. ft. 157 sq. ft. total Off - Street Parking: 8 parking spaces allocated per use 21 spaces required (1 per 40 sq. ft. permit (1 per 75 sq. ft. of net public of net public area) area, or 1/3 seats ) 13 -s ace waiver I 930 Sushi Restaurant Expansion July 17, 2008 Page 6 930 Sushi — General Project Characteristics Use Permit No. 3649 & Accessory Outdoor Dlining Permit No. 54 Existing Operations Proposed Operations Hours of Operation: Actual: 9:30 am. to 11:00 p.m. daily for Mon.- Fri.11:45 a.m. -2:00 p.m. interior Sun. -Thur. 5:00 p.m. -10:00 p.m. 9:30 a.m. to 10:00 p.m. for outdoor Fri. -Sat. 5:00 p.m. -11:00 p.m. dining area Permitted: (7:00 a.m. -12:00 midnight daily for interior, 7:00 a.m. -10:00 p.m. daily for outdoor dining area Number of Em to ees: 10 employees, 6 per shift 10 employees, 6 per shift Live EntertainmenH None, pre - recorded low- volume None, pre- recorded low- volume Dancing! background music only. background music only. Use Permit No. 3628 for 900 West Coast Highway In April 1998, the Planning Commission approved Use Permit No. 3628 to allow the waiver of 22 off- street parking spaces in conjunction with the redevelopment of the property with a marine retail sales facility (West Marine). The approval was based on the results of a parking demand survey, and the characteristics of the existing uses on- site, including the new marine retail sales facility. The Planning Commission Meeting Minutes dated April 9, 1998, and Findings and Conditions of Approval are attached as Exhibit 5. Development Plan No. 2003 -002 & Use Permit No. 2003 -026 for 900 -1000 West Coast Highway In January 2004, the Planning Commission approved Development Plan No. 2003 -002 and Use Permit No. 2003 -026 allowing the overall redevelopment of the existing retail commercial center. A Development Plan Review is required for any new or substantially altered development located within the Mariner's Mile Overlay District to ensure consistency with the design policies of the Mariner's Mile Design Framework. This approval permitted the construction of a multi- tenant retail commercial building located at 980 West Coast Highway and an automobile dealership facility located at 1000 West Coast Highway. The Use Permit was required to allow the automobile dealership facility. The project included the retention of existing retail commercial buildings located at 900 -950 West Coast Highway. The 930 Sushi restaurant is located in the buildings that were retained as part of the redevelopment project. The project site is comprised of two parcels of land. 900 -950 West Coast Highway is the east parcel and 980 -1000 West Coast Highway is the west parcel. The approved project includes a common, shared parking lot of 79 spaces for all buildings on both parcels, and included a waiver for 1 off - street parking space, and an off - street parking agreement that dedicates 7 spaces from the west property to the east property. The Planning Commission Meeting Minutes dated October 9, 2003, and January 8, 2004, and Findings and Conditions of Approval are attached as Exhibit 6. l 930 Sushi Restaurant Expansion July 17, 2008 Page 7 Analysis Off - Street Parking Requirement The off - street parking required for the existing restaurant is based on a ratio of 1 space for each 75 square feet of net public area, and the restaurant is currently allocated 8 parking spaces. This parking allocation is consistent with the parking requirements established by the Municipal Code for full - service, small -scale eating and drinking establishments. The Municipal Code off - street parking requirement for a full - service, low turnover eating and drinking establishment is within a range of 1 parking space for each 30 to 50 square feet of net public area. Typically, a ratio of 1 space for each 40 square feet of net public area is assigned. Based on this ratio, the number of spaces required to allow the expansion of the restaurant would be 21 parking spaces. There are no additional parking spaces available on -site to meet the number of spaces required for the expansion. Therefore, a waiver of 13 off - street parking spaces is requested as part of this application. As stated in the background information in this report, parking waivers for a total of 23 spaces were previously granted by the Planning Commission for this site. The design and circulation of the existing 79 -space parking lot was approved by the Planning Commission in January 2004 concurrent with the redevelopment of the entire site. The table below provides a summary of the existing off- street parking in the retail commercial center: Existing Parking West Parcel 980 -1000 W. Coast Hwy East Parcel 900 -950 W. Coast Combined Required Parking: 38 spaces 64 spaces 102 Parking Waiver: 23 spaces * 23 Provided Parking: 44 spaces 35 spaces 79 ( *A 22 -space parking waiver was granted by Use Permit No. 3628 in 1998, and a 1 -space waiver was granted in 2004 by Use Permit No. 2003 -026.) The applicant retained the services of a licensed traffic engineer to conduct a parking survey of the project site. A Parking Accumulation Survey was conducted by Austin - Foust Associates, Inc. (Exhibit 7) over a four -day period in March 2008. The parking survey was conducted to determine the daily usage of the parking lot as well as parking usage at various hours throughout the day. Based on the information in the parking survey, during peak utilization of the parking lot (Friday afternoons at 1:30 p.m.), there is a 74 percent occupancy of the on -site parking spaces, meaning that 20 of the 79 parking spaces' are available for use at the peak 'The survey incorrectly assumes a total of 80 parking spaces on -site. The numbers quoted in this staff report have been adjusted to reflect the correct number of 79 spaces on -site. 6 930 Sushi Restaurant Expansion July 17, 2008 Page 8 time. The City Traffic Engineer has reviewed the results of the parking survey and concluded that the proposed additional parking requirements could be accommodated by the existing parking lot. Section 20.66.100 (Modification or Waiver of Off - Street Parking Requirements) of the Municipal Code provides that the Planning Commission may approve a use permit to waive the number of required off -street parking spaces if one or more of the following conditions are met: A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66. 100 (B). 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. In this case, the first three conditions cannot be met. There is no municipal parking lot located in the vicinity of the project site, the existing uses on the project site occur simultaneously, and the hours and days of operation coincide with each other during the day. No parking management plan has been proposed with this application. However, staff believes the Planning Commission can make the findings in the fourth item, based on the following: a. A parking survey indicates that 20 of the 79 parking spaces are available for use during the highest parking demand period on the site (Friday afternoon at 1:30 p.m.). Based on the information in the parking survey, the parking demand is less than the off - street parking requirements of the Municipal Code for the existing uses on -site. b. The project site includes a marine retail facility (West Marine), which was designed specifically for use by the existing tenant. The marine retail facility has occupied the building since construction was completed in 1997. Use Permit No. 3628, which granted a 22 -space parking waiver in conjunction with construction of the facility, includes a condition that the space shall be occupied by a single tenant and any proposal to split the space shall require an amendment to the Use Permit. 930 Sushi Restaurant Expansion July 17, 2008 Page 9 The automobile dealership facility (Newport Beach Ferrari) was also designed specifically for use by the existing tenant. This facility has been conditioned by Use Permit No. 2003 -026 to prohibit vehicle display; storage and service work on the project site. The prohibition of the display and storage of vehicles outside of the building ensures parking spaces aren't being used for this purpose, and the prohibition of vehicle service lessens the demand for parking. A change to this condition would require an amendment to this Use Permit. The other tenant spaces are occupied by retail or service -type uses, which are subject to a parking ratio of 1 space for every 250 square feet of floor area. Any change of use that would require a higher parking ratio would not be permitted without discretionary review. Hours of Operation The hours of operations permitted by Use Permit No. 3649 are 7:00 a.m. to 12:00 midnight, daily, for the interior of the restaurant, and 7:00 a.m. to 10:00 p.m., daily, for the outdoor dining area. The existing restaurant currently operates 11:45 a.m. to 2:00 p.m., Monday through Friday, and 5:00 p.m. to 11:00 p.m., Monday through Sunday. Although the existing restaurant operator has established hours that differ from the approved hours of operation, they have requested to retain the operating hours approved by Use Permit No. 3649. The Police Department has expressed concerns about the hours of operation and has suggested that the service of alcoholic beverages cease at 11:00 p.m., while allowing the restaurant to remain open until 12:00 midnight. This restriction on hours of beverage service could alleviate the potential for late -night bar or nightclub activities that could occur with the change of ABC license type. However, staff believes it would be difficult to enforce the cessation of alcoholic beverage service before the closing of the restaurant. Therefore, staff recommends the new hours of operations be 9:30 a.m. to 11:00 p.m., daily, for the interior of the restaurant, and 9:30 a.m. to 10:00 p.m., daily, for the outdoor dining area. This is reflected in the conditions of approval in the attached resolution (Exhibit 1). Alcoholic Beverage Outlet Ordinance In conjunction with the proposed expansion, the applicant is requesting to change the existing ABC license from a Type 41, which allows for the service of beer and wine only, to a Type 47 to allow the service of beer, wine, and distilled spirits. Pursuant to Chapter 20.89 of the Municipal Code, a use permit is required when a change in the mode or character of operation occurs including a change in ABC license type. In order to grant a use permit, the Planning Commission shall consider the following: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. �a 930 Sushi Restaurant Expansion July 17, 2008 Page 10 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. A memorandum (Exhibit 8) has been submitted by the Police Department providing the necessary information and data for the following analysis: Public Convenience or Necessity The applicant requests to change the existing ABC license from a Type 41 to a Type 47 to allow the service of distilled spirits in addition to the existing service of beer and wine. City Council Policy K -7 grants the Police Department the authority to make determinations of convenience and necessity, and includes criteria for situations of when public convenience or necessity will not be served. These criteria apply only to bars and cocktail lounges or cabarets and nightclubs, and there is no specific policy as relates to full - service restaurants. Full alcohol beverage service is common to full - service, low turnover eating and drinking establishments, and the applicant states customers have requested such service. The change in ABC license type will provide an added convenience for the restaurant patrons. 2. Crime Rate The project site is located in Reporting District (RD) 26, which is comprised of numerous commercial properties located on West Coast Highway between Dover Drive and Tustin Avenue, where several restaurants are located, as well as Cliff Haven and Bay Shores residential neighborhoods. See Exhibit 9 for a map of all Reporting Districts in the City including the location of RD 26 and the two adjacent reporting districts RD 25 and RD 41. During the 2007 Calendar Year, there were 6,637 crimes reported citywide. RD 26 had a total of 238 reported crimes as compared to the citywide average of 175 reported crimes. This equates to 63 crimes more or 36.27 percent above the citywide reporting district average. The project site is located in an area of West Coast Highway that is one of the busier areas in the City and experiences heavy vehicular traffic on weekends, holidays, and during the summer months, all of which could contribute to crimes in the area. The chart below provides data for crimes reported citywide, in RD 26 and the two adjacent reporting districts, RD 25 and RD 41: (3 930 Sushi Restaurant Expansion July 17, 2008 Page 11 Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,925 3,712 3,620.05 RD 26 105 79 3,960.77 RD 25 109 118 3,937.86 RD 41 58 35 3,133.44 3. Over - Concentration There are 14 active ABC licenses in RD 26, or a per capita ratio of 1 license for every 189 residents. This is lower than adjacent RD 25, which is also comprised of commercial properties, including a number of restaurants located along West Coast Highway. The per capita ratio of RD 26 is moderately higher than RD 41, which is comprised of commercial properties along East Coast Highway and the Newport Dunes area, where several restaurants are located. The applicant is requesting to change the ABC license from a Type 41 to Type 47, which would not contribute to an increase in the number of ABC licenses in RD 26. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 26 and the two adjacent reporting districts, RD 25 and RD 41: Reporting District # of Active ABC License Per Capita Ratio 1 license for every RD 26 14 189 residents RD 25 28 99 residents RD 41 10 185 residents 4. Alcohol- related Calls for Service, Crimes orArrests The chart below reflects crime data for the 2007 Calendar Year. There were 27 DUI arrests and 27 plain drunk arrests (54 total) in RD 26 during the 2007 Calendar Year as compared to 1,471 arrests for the entire City. This accounts for 3.67 percent of the DUI /Drunk arrests made in the City. As evidenced by the chart below, RD 26 has a greater number of alcohol- related arrests compared to adjacent reporting districts RD 25 and RD 41. The Police Department has expressed concerns about the resources and time required to police the general area and around the project location, which includes several other restaurants operating under ABC Type 47 licenses. However, the Police Department did state it could support the change in license type with a limitation on the hours of operation, as noted earlier in this report. iq 930 Sushi Restaurant Expansion July 17, 2008 Page 12 Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD 26 54 129 2,222 RD 25 36 91 2,780 RD 41 40 71 1,293 Newport Beach 1,471 3,345 61,060 5. Proximity of the Alcoholic Beverage Outlet to Adjacent Uses There are no schools, day care centers, or places of religious assembly near the project site. However, the restaurant is located less than a half mile from the Orange Coast College Rowing Base and the Boy Scout Sea Base. There are residential uses adjacent on the south side of West Coast Highway and on the bluff overlooking the project site. West Coast Highway provides a buffer between the residential uses located across the highway, and the restaurant is oriented toward West Coast Highway in a manner that activity is directed away from the residential uses on the bluff above. The Police Department has stated it could recommend approval to change the ABC license from a Type 41 to Type 47 only with a number of conditions of approval added to Use Permit No. 3649. These include a change to the hours of operations and a number of conditions relative to the sale of alcohol for on -site consumption to ensure compatibility of the use with its surrounding uses, which are routinely required of alcoholic beverage outlets. These conditions of approval are reflected in the attached resolution (Exhibitl). Should the change to the ABC license be approved by the Planning Commission, the Police Department will transmit the corresponding conditions of approval to the State Department of Alcoholic Beverage Control (ABC). Use Permit Findings: Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must make certain findings in order to grant approval to amend a use permit. The findings and facts in support of such findings are listed and discussed below. 1. 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. The existing restaurant is located in the Retail and Service Commercial- Mariner's Mile Overlay (RSC -MM) Zoning District, which is intended to provide areas that are predominantly retail in character, but allow some service and office uses. Eating and drinking establishments are a retail service use, and are permitted within this designation subject to the approval of a use permit. The proposed project consists of changes to the operational characteristics of an existing eating and drinking establishment and will remain consistent with this designation. Pursuant to Chapter 20.89 of the Municipal Code, the location of the existing Alcoholic Beverage Outlet and proposed change to the ABC license were considered in relation to issues of public convenience and impacts to surrounding land uses. The change in ABC license type from a Type 41 to Type 47 will provide the service of beer, wine, and 0 930 Sushi Restaurant Expansion July 17, 2008 Page 13 distilled spirits to the patrons of the existing eating and drinking establishment. The location of the existing use is considered appropriate because there are no schools, day care centers, or places of religious assembly near the project site. The residential uses adjacent to the restaurant are separated by the buffer of West Coast Highway and the topography of the bluff at the rear of the restaurant. The proposed change of ABC license type, with a limit on hours of operation, would not result in a negative impact to the residential uses in the vicinity. 2. 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. The existing restaurant is consistent with the General Commercial land use designation (CG, 0.3 FAR) of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The project site was redeveloped in 2004 with a combined FAR of 0.475. The site is non - conforming due to the adoption of the General Plan in 2006, which assigned an FAR of 0.3 to this area. While the existing overall development on the project site exceeds the allowable 0.3 FAR, the proposed project is an expansion of the restaurant into existing floor area, which will not increase the FAR nonconformity. The proposed project meets the purpose of the RSC -MM Zoning District and meets the intent of the restaurant development standards with the exception of site requirements, off - street parking, and walls based on the following: • Restaurant uses are a typical use in the RSC -MM Zoning District, and the proposed changes to the restaurant and the conditions under which the restaurant will be operated and maintained are consistent with the purpose of this district. • A parking demand study of the project site was conducted which indicates adequate off - street parking is available to provide the number of spaces required to accommodate the existing uses and allow the expansion of the existing restaurant. The proposed conditions under which the restaurant would be permitted to operate should minimize any negative impacts that may result from the expansion. Therefore, the proposed expansion would 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: tb 930 Sushi Restaurant Expansion July 17, 2008 Page 14 • The operation of the restaurant would be restricted to the hours of 9:30 a.m. to 11:00 p.m. daily for the interior of the restaurant, and 9:30 a.m. to 10:00 p.m. daily for the outdoor dining area. • No dancing or live entertainment will be permitted or provided on the premises. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and change of the hours of operations ensure compatibility with the surrounding uses. • The existing restaurant has operated at this location under the conditions imposed by Use Permit No. 3649 since 1999 and has not proven to be detrimental to the area. 3. 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. Eating and drinking establishments are a permitted use in the RSC -MM Zoning District, subject to approval of a use permit or amendment to an existing use permit. The project site was redeveloped in 2004, pursuant to Development Plan No. 2003 -002, and is generally consistent with the Mariner's Mile Strategic Vision and Design Framework and meets the intent of the Code. The project substantially conforms to the restaurant development standards of the Zoning Code, and the waiver of development standards as pertains to site requirements and parking will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts, including impacts the change in ABC license type could have with the surrounding land uses, are minimized to the greatest extent possible. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not located within a residential district; therefore, this finding does not apply. Accessory Outdoor Dining Permit Pursuant to Chapter 20.82 (Eating and Drinking Establishments), an increase to the accessory outdoor dining area requires an amendment to Accessory Outdoor Dining Permit No. 54, subject to the following findings being made: That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. 0 930 Sushi Restaurant Expansion July 17, 2008 Page 15 The existing 135.5- square -foot outdoor dining area is accessory to the restaurant. With the proposed expansion to the restaurant, the net public area would consist of 826 square feet. The applicant requests to expand the outdoor dining area to a total 157 square feet, or 19 percent of the net public area. The proposed increase to the outdoor dining area is consistent with Section 20.82.050 (A), which limits accessory outdoor dining areas to 25 percent of the interior net public area of a restaurant. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. The hours of operation for the outdoor dining area would be limited to 9:30 a.m. to 10:00 p.m. daily, so as to minimize any noise impacts to the nearby residential uses. A condition of approval is also included that limits the number of seats in the outdoor dining area to 10 seats maximum. 3. That the'proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. The existing outdoor dining area is located in front of the existing restaurant. The proposed addition to the outdoor dining area will be located in front of the proposed restaurant expansion area. No parking spaces will be displaced as a result of the additional outdoor dining area. Per Section 20.82.050 (A) of the Municipal Code, additional parking is not required for accessory outdoor dining areas. Summary The parking survey conducted by a licensed traffic engineer indicates that 20 of the 79 on -site parking spaces are vacant during the peak utilization of the parking lot. Based on the survey, and a parking ratio of 1 space for every 40 square feet of net public area to allow for the restaurant expansion, there would still be 7 vacant spaces during the peak hours. This would allow for a modest increase in activity on the site without negatively affecting the available parking. The proposed change to the ABC license from a Type 41 to a Type 47 has been reviewed pursuant to Chapter 20.89 of the Municipal Code. Factors relating to public convenience, crime rates, overconcentration of alcoholic licenses, and proximity to sensitive land uses were considered. The Police Department staff and Planning Department staff have concluded the change of ABC license type, along with a change to the hours of operation, would be acceptable subject to the conditions of approval in the attached resolution. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request and 930 Sushi Restaurant Expansion July 17, 2008 Page 16 return at the next available Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes area directed, the item should be removed from calendar to allow redesign of the project. Environmental Review This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). The expansion of the existing eating and drinking establishment into an adjacent 550 - square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: \, "scia%,Pjanner Planning Director EXHIBITS 1. Draft Resolution No. 2008 -_; findings and conditions of approval 2. Project Plans 3. Project Description 4. Use Permit No. 3649 Planning Commission Findings and Conditions of Approval 5. Use Permit No. 3628 Planning Commission Findings and Conditions of Approval 6. Development Plan No. 2003 -002 & Use Commission Meeting Minutes (10/9/03 & Meeting Minutes (4/8/99) and Meeting Minutes (4/9/98) and Permit No. 2003 -026 Planning 1/8/04), Resolution 1625, and Conditions of Approval Austin -Foust Associates, Inc. Parking Accumulation Survey Police Department Memorandum Reporting Districts Map FAUsers\PLN \Shared\PA's\PAs - 2007\PA2007- 211\UP3649 PC Report.doc