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Draft Resolution
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RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT
NO.. 3611 FOR AN EATING AND DRINKING ESTABLISHMENT
LOCATED AT 508 29TH STREET (PA2007 -146)
WHEREAS, an application was filed by Daniel Marcheano with respect to
property located at 508 29 Street, and legally described as Parcel 1 of Parcel Map filed
in Book 95, Page 2 of Parcel Maps Records of Orange County, requesting approval of
an amendment to Use Permit No. 3611 to permit an existing full - service, low- turnover
eating and drinking establishment to: 1) expand their hours of operation to include lunch
service; 2) increase the number of special events permitted per year from 8 events to 12
events; and 3) reconfigure the dining area and retain a bar area not previously
authorized; and
WHEREAS, on January 31, 2008, the Planning Commission held a noticed
hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach,
California at which time the project application was considered. Notice of time, place
and purpose of the public hearing was given in accordance with law and testimony was
presented to, and considered by, the Planning Commission at the hearing; and
WHEREAS, an amendment to Use Permit No. 3611 for the proposed changes to
the existing eating and drinking establishment has been prepared in accordance with
Section 20.91.035 of the Municipal Code based on the following findings and facts in
support of such findings:
Finding: 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: The project is located in the Retail and Service
Commercial land use designation of the Cannery Village /McFadden Square
Specific Plan District (SP- 6),which is intended to provide for retail sales, personal
and professional uses that offer direct services to the public, and marine - related
light industrial uses. Eating and drinking establishments are permitted within this
designation with 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.
2. Finding: 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.
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City of Newport Beach
Planning Commission Resolution No. _
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Facts in Support of Finding:
a. The proposed eating and drinking establishment, pursuant to the conditions of
approval, is consistent with the Mixed -Use Horizontal (MU -H4) land use
designation of the General Plan. This designation applies to properties where
it is the intent to establish the character of a distinct and cohesively developed
district or neighborhood containing multi - family residential with clusters of
mixed -use and/or commercial buildings in such locations as the interior
parcels of Cannery Village. Eating and drinking establishments are permitted
as a commercial use within this designation. The proposed project and overall
gross floor area of the site (1,930 square feet or 0.43 FAR) are consistent
with this designation and the 0.50 maximum permitted FAR for the site.
b. The proposed eating and drinking establishment is also located within the
General Commerci al (CG -C) land use designation of the City's Local Coastal
Land Use Plan (CLUP). The GC -C designation is intended to provide for a
wide range of commercial activities oriented primarily to serve citywide or
regional needs and establishes a development intensity range of 0.50 to 0.75
FAR. The proposed project is consistent with this designation.
c. The project will not be detrimental to the public health, safety, peace, morals,
comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City for the following
reasons:
• The operation of the restaurant will be restricted to the hours 10:00 a.m. to
11:00 p.m., Monday through Fridays, and 6:00 a.m. to 11:00 p.m. on
weekends.
• The total `net public area" of the interior dining area has been reduced to
750 square feet, thereby reducing the parking demand.
• Deliveries will be scheduled outside of peak operating hours of the use so
that access will not be blocked and will not be permitted before 7:00 a.m.
or after 6:00 p.m. Deliveries will be required to access the site from the
alley whenever possible to avoid impeding vehicular access on 29th
Street.
• No dancing or live entertainment will be provided on the premises.
• Residential units are located across the street from the restaurant and no
outdoor dining is proposed adjacent to 29th Street. A condition of approval
requiring the closure of windows and doors after 8:00 p.m. will be retained,
which should prevent any potential noise problems.
• A restaurant has been operating in this location in a similar capacity since
1998 under the original approval of Use Permit No. 3611 and has not proven
detrimental to the area.
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Planning Commission Resolution No.
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Restaurant uses can be expected to be found in this area and similar
locations and are complementary to the surrounding commercial and
residential uses.
3. Finding: 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 Finding: The Zoning Code requires the approval of a use permit
for eating and drinking establishments. The project substantially conforms to the
restaurant development standards of the Zoning Code given the existing site
conditions, and the previous waiver of the development standards as they pertain to
site, walls, and landscaping will not be detrimental to adjoining properties. The
proposed conditions of approval for this project will ensure that all potential conflicts
with surrounding land uses are minimized to the greatest extent, or are eliminated.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the California Environmental Quality Act. The proposed
project consist mainly of changes to the operational characteristics of an existing eating
and drinking establishment with minor alterations to the on -site parking area.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
approves an amendment to Use Permit No. 3611, subject to Conditions of Approvals in
Exhibit "A" attached hereto and made part hereof.
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 31ST DAY OF JANUARY 2008.
BY:
Robert Hawkins, Chairman
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Bradley Hillgren, Secretary
AYES:
NOES:
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City of Newport Beach
Planning Commission Resolution No.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO. 3611
(Project - specific conditions noted in italics)
Planning Department
The following conditions herein replace and supersede the previous conditions of
approval dated August 7, 1997 upon implementation of this amendment.
The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. The development shall be in substantial conformance with the site plan and floor
plan dated January 15, 2008.
4. The restaurant operation shall be limited to between the hours of 10:00 a.m. and
11:00 p.m., Monday through Friday, and to between 6:00 a.m. and 11:00 p.m.
Saturday and Sunday. Any increase in the hours of the facility shall require an
amendment to the use permit, with the exception of holidays and special events
(e.g., New Year's Eve) which shall be subject to the approval of a special event
permit issued by the Community Services Department and approved by the
Planning Department and the Police Department prior to issuance.
5. The total net public area for the restaurant shall not exceed 750 square feet and the
maximum number of seats shall not exceed 45 seats as shown on the approved
plans (excluding the accessory outdoor dining permitted under OD 2005-003). With
the exception of the permitted accessory outdoor dining within the rear patio, no
other outdoor area shall not be utilized for dining or seating.
6. A total of 15 parking spaces (one parking space for each 50 square feet of net
public area, 750 square feet maximum) shall be provided. A minimum of 2 spaces
shall be provided on -site and 13 spaces shall be provided through the payment of
an in -lieu parking fee.
7. The applicant shall submit an application to amend the Coastal Development
Permit to the Coastal Commission within 30 days of the date of this approval. .
8. All windows and doors within the restaurant facility shall remain closed after 8:00
p.m. in the evening, except when used for entering and exiting the restaurant.
9. Any change in operational characteristics and /or hours of operation of the
restaurant shall require amendment to this Use Permit or the processing of a new
Use Permit.
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Planning Commission Resolution No. _
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10. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
the current business owner, property owner and/or the leasing agent.
11. 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.
12. 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.
13. Lighting shall be in compliance with applicable standards of the Zoning 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. Parking area
lighting shall have zero cut -off fixtures.
14. 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.
15. 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.
16. 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).
17. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure, or otherwise screened from view of neighboring properties except when
placed for pick -up by refuse collection agencies. Trash dumpsters shall be fully
enclosed and the top shall remain closed at all times, except when being loaded or
while being collected by the refuse collection agency.
18. 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 container enclosure. The
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Planning Commission Resolution No.
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existing storage container at the rear of the property shall be removed within 30
days of the effective date of this approval.
19. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the existing use shall
comply with the provisions of Chapter 10.26 of the Municipal Code.
20. No background music shall be allowed on any of the outdoor patios, dining
areas, lounges or waiting areas.
21. No audible paging system or speaker system shall be utilized anywhere on the
premises at any time.
22. No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on site or off -site, to advertise the proposed food establishment,
unless specifically permitted in accordance with the Sign Ordinance of the
Municipal Code. Temporary signs shall be prohibited in the public right -of -way,
unless otherwise approved by both the Public Works Department and Caltrans in
conjunction with the issuance of an encroachment permit or encroachment
agreement from each.
23. 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.
24. 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. 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.
25. Any event or activity staged by an outside promoter or entity, where the
restaurant 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.
26. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
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27. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full service
menu.
28. 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.
29. 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.
30. 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.
31. The use permit approval does not permit the premises to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a use permit.
32. The sale of alcoholic beverages shall be incidental to the food service in
conjunction with the subject restaurant.
33. Food service from the full - dinner menu shall be available to patrons at all times the
facility is open up until one -half hour of dosing.
34. 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
35. Activities in conjunction with special events and private party functions which are
incidental and accessory to the primary restaurant use, including live entertainment
and dancing or that do not operate with the sale or service of food and beverages
as the principal purpose (i.e., cocktail reception or mixer), shall be permitted,
provided such functions or activities shall first be approved under a special event
permit issued by the Recreation and Senior Services Department and approved
by the Planning Department and the Police Department prior to implementation.
An application for the special event permit shall be completed and submitted to
the Recreation and Senior Services Department at least 30 days prior to the date
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of the event (unless other arrangements are made with the City departments), to
allow adequate time for the Police Department and other City departments to
review the application and to impose additional conditions of approval. In
addition, the sound generated by such activities shall be confined to the interior of
the structure; and further that when the live entertainment is performed, all windows
and doors within the facility shall be closed, except when entering and leaving by
the main entrance of the facility. Noise generated by the live entertainment shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code. That is, the sound shall be limited to no more than 60 dBA at any property
line between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the
hours of 10:00 p.m. and 7:00 a.m. That the applicant shall retain a qualified
engineer specializing in noise /acoustics to monitor the sound generated by the
live entertainment to insure compliance with these conditions, if required by the
Planning Director.
36. A Live Entertainment Permit and Cafe Dance Permit issued by the Revenue
Division, in accordance with procedures set forth in Chapter 5 of the Municipal
Code, shall be required to allow live entertainment as incidental and accessory to
the primary use of the facility as a restaurant and only in conjunction with special
events.
37. A maximum of 12 special event days shall be permitted per calendar year and
any additional events in excess of that number shall require the approval of an
amendment to this use permit or other appropriate application in accordance with
the provisions of Title 20 of the Municipal Code.
38. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
39. Deliveries and refuse collection for the facility shall be prohibited between the hours
of 8:00 p.m. and 8:00 a.m. daily unless otherwise approved by an amendment to
this use permit Deliveries shall occur at the rear of the property whenever feasible
so as not to impede vehicular circulation on 29th Street.
40. The Planning Commission may add to or modify conditions of approval to this
use permit or revoke this approval upon a finding of failure to comply with the
conditions set forth in Chapter 20.82 of the Municipal Code or other applicable
conditions and regulations governing the food establishment. The Planning
Commission may also revoke this permit upon a determination that the operation
which is the subject of this approval causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
41. This approval shall expire unless exercised within 24 months from the end of the
appeal period as specified in Section 20.91.050 of the Newport Beach Municipal
Code.
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Planning Commission Resolution No.
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Public Works Department
42. The area outside of the food establishment, including the public sidewalks, shall
be maintained in a clean and orderly manner and may be subject to providing
periodic steam cleaning of the public sidewalks as required by the Public Works
Department.
43. A minimum 24 -foot back up /drive aisle is required for 9 -foot wide parking space.
The proposed parking layout shall comply with City Standard STD -805 -LA and
STD - 805 -L -B.
44. Prior to striping the parking area, the final on -site parking, vehicular circulation and
pedestrian circulation systems of the site shall be subject to further review and
approval by the Public Works Department.
Buildina Department
45. The applicant shall submit as -built plans for the construction of the bar within 30
days of the effective date of this approval for the review and approval by the
Building Department
46. The applicant shall submit an exiting plan for the review and approval of the
Building Department within 30 days of the effective date of this approval.
47. All exits shall remain free of obstructions and available for ingress and egress at
all times.
48. 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.
49. A covered wash -out area for refuse containers and kitchen equipment shall be
provided and maintained and the area drain directly into the sewer system, unless
otherwise approved by the Building Director and Public Works Director in
conjunction with the approval of an alternative drainage plan. Washing of refuse
containers or restaurant equipment shall be prohibited in the parking lot and public
alley.
50. Strict adherence to maximum occupancy limits is required.
51. The project will comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
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Fire Department
52. The existing hood suppression system shall be serviced and the nozzles shall be
relocated to cover new appliances. The applicant shall submit plans for the
review and approval by the Building Department and Fin: Department within 30
days of the effective date of this approval. .
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