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HomeMy WebLinkAboutExhibit 4Exhibit 4 UP 3611 Findings & Conditions � 'l City of Newport Beach Planning Commission Minutes August 7, 1997 SUBJECT: Aubergine Restaurant(Tim and Liza Goodell, applicant) 508 291h Street • Use Permit No. 3611 Request to change an existing restaurant to a full- service, low turnover restaurant to accommodate additions and alterations to the building which include the expansion of the area devoted to dining. The application also involves the incorporation of previous conditions of approval imposed by the Coastal Commission in conjunction with the existing restaurant establishment and the authorization of an off -site parking agreement for a portion of the required parking. Also included in the application is a request to approve a modification to the zoning code to allow the use of a tandem parking space on site. Ms. Temple noted that this application is to allow the expansion of an existing restaurant in the Cannery Village area. The primary issue discussed in the staff report is parking for the expanded facility. As part of the expansion, three of the existing on -site parking spaces are lost. The applicant has, through the use of an off -site parking lot, provided a full complement of parking as required by the Zoning Ordinance. The hours of operation as accommodated in the existing use permit are being reduced. It was noted that the original Use Permit was granted December 9, 1993 and that the City Attorney's office had drafted some clarification corrections to Condition No. 17. (copy was distributed to Commission and the applicant). Public Hearing was opened. Liza Goodell, 508 29th Street, applicant in response to Commission inquiry stated she has read, understands, and agrees to the findings and conditions as amended. She stated that an off site agreement is being negotiated and understands that without this agreement she can not expand her restaurant. It was noted that the existing trash area will be enclosed and the current outdoor dining has been eliminated until a permit is applied for. Mr. James 'Buzz' Person, 507 29th Street spoke on behalf of the application stating that they are good neighbors and operate a good business. Their operation does not result in a problem with the utilization of on- street parking during the week. As a neighbor directly across the street, he is in favor of this expansion but not any valet service on the street. At Commission inquiry stated he agrees with the expansion of the liquor license for full service. Public hearing was closed. Motion was made by Commissioner Adams to approve Use Permit No. 3611 with the proposed change to Condition No. 17. INDEX Item No. 1 UP No. 3611 Approved City of Newport Beach Planning Commission Minutes August 7, 1997 INDEX Ayes: Ridgeway, Sellch, Adams, Ashley Noes: none Absent: Fuller, Kranzley and Gifford Abstain: none Findinas: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Retail Service Commercial' uses. A restaurant is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 ( Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. 4. That the purpose or intent of the restaurant development standards related to site requirements, walls and landscapingwill not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • The site is too small to accommodate the required off - street parking, however, the off - street parking will be satisfied by the use of an off -site location. • Walls in full compliance with the standards would adversely impact traffic circulation in the alley and access to the on -site parking spaces from the alley. • The increased landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscaping at the front and rear of the property behind the building will enhance the streetscape views. • The provision of the required landscaping along the property lines would adversely affect the access to the proposed on -site parking 5. The approval of Use Permit No. 3611 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The combination of on -site parking, the proximity of the off -site parking location and the proximity of the municipal parking lot City of Newport Beach Planning Commission Minutes August 7, 1997 are adequate to serve the parking demand of the expanded restaurant facility. • The change to the full service restaurant results in a reduction in the general parking requirement for the area since it eliminates the potential for daytime use. • The proposal will not add a new liquor license to an overconcentrated area, providing only for the change of an existing license. • The establishment is to be operated as a full service restaurant and not as a bar which should minimize the potential number of Police and Department of Alcoholic Beverage Control problems in the area. • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and the proposed is a continuation of an existing restaurant use. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevation, except as noted below. 2. That the previously approved Use Permit No. 3515 shall become null and void upon implementation of this use permit approval. 3. That the sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 4. That food service from the full - dinnermenu shall be available to patrons at all times the facility is open up until one -half hour of closing. 5. That the restaurant facility operation shall be limited to between the hours of 5:00 p.m. and 11:00 p.m., Monday through Friday; and 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. The closing hour of any function approved in conjunction with a special event permit shall not extend beyond hours approved by the special event permit. Any increase in the hours shall be subject to approval of an amendment to this use permit. 6. That the net public area of the restaurant shall not exceed 800 square feet. The outdoor area shall not be utilized for dining or seating unless the appropriate accessory outdoor dining permit is first approved by INDEX *1 City of Newport Beach Planning Commission Minutes August 7, 1997 the Planning Department in accordance with the provisions of the Municipal Code. That 16 parking spaces (one parking space for each 50 square feet of net public area, 800 sq.ft. maximum) shall be provided on -site and at the off -site location to serve the proposed nighttime operation of the facility. That the handicap parking space shall be relocated to the alley and Parking Sp ace No. 1, as shown on the site plan, shall be designated as employee parking only. 8. That the applicant shall submit the appropriate off -site parking application, which shall be approved by the City Council and recorded on the property, prior to issuance of any building permits for the proposed expansion. 9. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems of both sites be subject to further review by the Traffic Engineer. 11. That all employees shall park their automobiles on -site or in the off -site parking lot. 12. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the proposed restaurant expansion. 13. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunctionwith the restaurant facility. 14. That the noise from the proposed restaurant shall be confined to the interior of the structure; and further that all windows and doors within the restaurant facility shall remain closed after 8:00 p.m. in the evening, except when entering and leaving by the main entrance of the restaurant. 15. That 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. 16. That live entertainment (including pre- recorded music) 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 accordancewith the provisionsof the Municipal Code INDEX �1 City of Newport Beach Planning Commission Minutes August 7, 1997 17. That activities in conjunction with special event 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 pemiit issued by the Community 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 Community Services Department at least 30 days prior to the date 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. 18. That 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. 19. A maximum of 8 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. 20. That this approval shall not be construed as permission to allow concerts or a theater /nightclub use as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 21. That no event staged by an outside promoter or entity shall be INDEX pa City of Newport Beach Planning Commission Minutes August 7, 1997 permitted, unless approved by the City through the issuance of a special events permit. Such events may be approved only in conjunction with the service of food. 22. That the proposed restaurant facility shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 23. That all signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 24. That 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. 25. That 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. 26. That 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. 27. That 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. That the 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. 28. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 29. That the operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 30. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the specialty food establishment, unless specifically permitted. 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. INDEX 0 ," I . , City of Newport Beach Planning Commission Minutes August 7, 1997 31. That all improvements be constructed as required by Ordinance the Public Works Department. 32. That 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 periodic steam cleaning of the public sidewalks as required by the Public Works Department. 33. That the project shall be designed to minimize light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 34. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 35. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains 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. 36. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 37. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 38. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.090A of the Newport Beach Municipal Code. INDEX A�k