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HomeMy WebLinkAboutExhibit 7Exhibit 7 Outdoor Dining Permit No. 2005 -003 b� Accessory Outdoor Dining No. OD2005 -003 PA2005 -190 PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644.3200 FAX (949) 644 -3229 September 28, 2005 Tim and Liza Goodell 2815 Villa Way Newport Beach, CA 92663 Application No: Applicant: Owner: Address of Property Involved: Legal Description: Application Request: Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Accessory Outdoor Dining Permit No. OD2005 -003 (PA2005 -190) Tim and Liza Goodell Tim and Liza Goodell, 2815 Villa Way Newport Beach, CA 92663 508 29th Street Parcel 1 of Parcel Map No. 95 -2 (Resubdivision No. 528) To allow the retention of an outdoor dining area that has been operating without benefit of an approved Outdoor Dining Permit. The outdoor dining area is located at the rear of the property, behind a fenced area and under an existing patio cover. The area devoted to outdoor dining will be reduced to comply with the requirements of the Zoning Code. No additional floor area or area devoted to dining within the restaurant will be added. The property is located in the SP -6 (Cannery Village /McFadden Square Specific Plan Area) District. Director's Action: APPROVED SEPTEMBER 28, 2005 In this case, the Planning Director determined that the proposal would not be detrimental to persons, property or improvements in the neighborhood. The Accessory Outdoor Dining Permit, as approved, is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: 6a 4 FINDINGS: The Land Use Element of the General Plan and the Local Coastal Program designate the property for 'Retail and Service Commercial' land use. The proposed outdoor dining is accessory to an existing restaurant; a permitted use within that designation. 2. The approval of this application will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The use is accessory to, and an extension of, the existing restaurant use - subject to all the findings conditions of approval of Use Permit No. 3611 - and not an independent use. The proposed outdoor dining area is compatible with the surrounding land uses and its limited hours should prevent noise from adversely impacting the nearby uses, since the proposal does not include any noise generating activities (i.e., entertainment). The proposed accessory outdoor dining will not be located so as to result in a reduction of existing parking spaces. The restrictions on the limited use of solid roof structures, as applied to this approval, are consistent with the intent and purpose of the accessory outdoor dining ordinance to maintain open - character dining. CONDITIONS: The development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining shall be used in conjunction with the related adjacent food establishment and shall be limited to a maximum of 180 square feet (gross area, 25 percent of the indoor net public area), unless a Use Permit is obtained from the Planning Commission. Use of the patio at the front of the property —or any other not included in this approval- is prohibited, unless an amendment to this Outdoor Dining Permit is first approved. 3. Prior to implementation of this approval, an as -built floor plan showing the final configuration of the outdoor dining area (seating plan) shall be submitted (the use of physical barriers to delineate the area shall be specifically defined and labeled) and approved by the Planning Department and Building Department, in conjunction with the issuance of the building permit or occupancy permit for the exterior alterations of the tenant space if applicable. September 28, 2005 F:\USERS\PLN \Shared \PA's \PAs - 2005\PA2005- 190 \0D2005 -003 appr.doc Page 2 65 4. The seating, adjacent to the food use facility, shall be limited to the area as delineated on the approved site plan only. Prior to implementation of the outdoor dining use, the applicant shall install permanent railings or other fixed barriers to delineate the outdoor dining area and to restrict the overall size to 180 square feet, as approved. The approved outdoor dining area shall be located on a solid surface in accordance with the approved floor plan or seating plan. 5. 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. 6. Trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 7. No outside paging system or amplification device shall be utilized in conjunction with this outdoor dining establishment. No amplified music or entertainment is permitted in the outdoor dining area. The existing sound amplification system shall be removed prior to implementation of the outdoor dining use. 8. 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 either the current owner or the leasing company. 9. The daily hours of operation of the outdoor dining area is limited to between the hours of 7:00 am and final seating of 9:00 pm (the patio is to be closed and not utilized between 10:00 pm and 7:00 am). This will allow for final seating of patrons at 9:00 pm and clearing and closing of the outdoor dining area at 10:00 pm. All activities within the outdoor dining area, including cleanup activities, shall cease at 10:00 pm. Increase in the hours of operation shall require the approval of an amendment to this application and shall be subject to the approval of an amendment to this application and may require an amendment to Use Permit No. 3611. 10. Alcoholic beverage service shall be prohibited in the outdoor dining area, until approvals of the Police Department and the California Department of Alcoholic Beverage Control have been obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 11. The patio cover, over the dining area, shall remain open aired and not be enclosed by solid walls, unless an amendment to the use permit is first approved to waive the required parking. The use of vertical supports, or an extension of the patio cover within the 3 -foot side yard setback, shall be prohibited. September 28, 2005 F: \USERS \PLN\Shared \PA's \PAs - 2005 \PA2005 - 190 \OD2005 -003 appr.doc Page 3 56 12. All applicable conditions of approval of Use Permit No. 3611 shall remain in force (copy attached). 13. The noise generated by the outdoor dining activity 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 depicted below for the specified time periods: Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 14. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Planning Director. 15. The proprietor shall actively control any noise generated by the patrons and employees of the facility. 16. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department shall require the removal of all, or a portion of, the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 17. 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. 18. Signs shall comply with the provision of the applicable sign regulations of the Municipal Code. Signs within the public right -of -way are prohibited. 19. The Planning Department may add to or modify conditions of approval to this outdoor dining 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 Director may also recommend to the Planning Commission or City Council the revocation of 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. September 28, 2005 F:IUSERSIPLN1Shared\PA's1PAs - 200MPA2005- 190=2005 -003 appr.doc Page 4 20. 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. APPEAL PERIOD: The decision of the Planning Department is final. However, the approval is subject to appeal by the Planning Commission or the City Council (for referral to the Planning Commission) within 14 days of the decision date. Additionally, in accordance with the provisions of Section 20.82.080 of the Municipal Code, the applicant (or any interested party) may appeal the decision of the Planning Director to the Planning Commission within 14 days of the decision date. A filing fee of $975.00 shall accompany any appeal filed. Planning Director Patricia L. Temple By: Zoning Aoministralgr Javier S. Garcia, AICP Attachments: Vicinity Map Excerpt of Planning Commission Minutes regarding Use Permit No. 3611 Project Review Request (PRR) comments from Building Department PRR from Fire Department PRR from Public Works PRR from Police/Vice & Intelligence Memorandum from City of Newport Beach Police Dept. dated 8130/05 Memorandum from City of Newport Beach Police Dept. dated 8130/05 September 28, 2005 F:\USERS\PLN \Shared \PA's \PAs - 2005kPA2005- 19OXOD2005 -003 appr.doc Page 5 5q