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HomeMy WebLinkAboutPA2008-123 - Shore House CafeCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 9, 2008 Meeting Agenda Item 2 SUBJECT: Shore House Cafe, Inc. (PA2008 -123) 801 East Balboa Boulevard • Use Permit No. 2008 -045 APPLICANT: Shore House Cafe, Inc. PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @city.newport- beach.ca.us PROJECT SUMMARY The applicant requests a use permit for an existing restaurant in order to convert approximately 93 square feet of storage area into net public (customer serving) area. The request also includes a parking waiver, the addition of live entertainment, and operation of an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO). Staff recommends that the Planning Commission deny without prejudice Use Permit No. 2008 -045, subject to the findings for denial included within the attached draft resolution. GENERAL PLAN 3' �n � proo Shore House Cafe October 9, 2008 Page 2 d $ :fF4w�v fee tea . � C�rr7 a .. N.N, f ON -SITE MU -V Mixed Use Vertical SP -8 Retail Service Restaurant Commercial NORTH MU -V Mixed Use Vertical SP -8 Retail Service Retail Commercial MU -V Mixed Use Vertical SP-8 Retail Service SOUTH and RT Two -Unit Residential and Commercial Commercial Residential EAST RT Two -Unit Residential SP -8 Retail Service Retail Commercial WEST SP -8 Retail Service MU -V Mixed Use Vertical , Restaurant and Retail Shore House Cafe October 9, 2008 Page 3 Project Setting The subject property is a 15,400- square -foot lot located on the Balboa Peninsula at the southeast corner of Main Street and East Balboa Boulevard. The site is developed with a 4,500- square -foot, one -story building and a surface parking lot with 22 parking spaces. The site is located in a Retail Service Commercial area of the Central Balboa Specific Plan (SP -8). Project Description The applicant requests approval of a use permit for an existing full - service restaurant that would accommodate the following: 1) Conversion of approximately 93 square feet of storage area into net public area; and 2) Parking waiver; and 3) Live entertainment on Fridays and Saturdays; and 4) Operation of an alcoholic beverage outlet. Background The existing restaurant is a nonconforming use. When the restaurant was originally established, a use permit was not required; however, the current zoning regulations for the SP -8 District require approval of a use permit for eating and drinking establishments and for alcoholic beverage outlets. On May 19, 1998, the Planning Director conditionally approved Outdoor Dining Permit No. 50 (Exhibit 3) permitting a 215 - square -foot patio dining area. The Planning Director approved the Outdoor Dining Permit because it complied with the Accessory Outdoor Dining regulations (i.e., the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment and is accessory to any indoor dining). DISCUSSION Analysis The conversion of 93 square feet of storage area into net public area is normally a minor change in operational characteristics and can be approved by the Planning Director. However, the introduction of live entertainment with amplified music and the 3 Shore House Cafe October 9, 2008 Page 4 parking waiver constitute a major change in the operational characteristics, which requires a use permit for the restaurant to address these issues. A substantial change in the character of operation of an alcoholic beverage outlet also requires a use permit under the provisions of the Alcoholic Beverage Ordinance ABO). Land Use and Zoning Consistency The project site is designated as Mixed Use Vertical (MU -V) by the Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP). The proposed project is consistent with the MU -V land use category, which is intended to provide for the development of properties for mixed -use structures that vertically integrate housing with retail uses including restaurant uses. The site is designated as Retail Service Commercial land use within the Central Balboa Specific Plan Zoning District (SP -8). Eating and drinking establishments are permitted within this district subject to the approval of a use permit. Live Entertainment The applicant requests live entertainment with amplified music on Fridays and Saturdays during the hours that the City deems appropriate. This constitutes a major change in the operational characteristics, which requires a use permit. A live entertainment permit issued by the City Manager is also required per Chapter 5.28 of the Newport Beach Municipal Code. The applicant has been offering live entertainment without the benefit of a use permit or a live entertainment permit. On June 14, 2008 and July 12, 2008, the City of Newport Beach Police Department (NBPD) notified the applicant to cease until such approval was granted. Subsequently, the applicant applied for a live entertainment permit with the City Manager, but was denied on July 28, 2008 because a use permit had not been approved by the Planning Commission. The applicant has continued with live entertainment in violation of the Municipal Code. The NBPD does not support the issuance of a live entertainment permit based on the following information obtained by investigators in the Detective Division and the officers in the Patrol Division: 1) The operational characteristics have changed substantively on weekends and are consistent with those of a nightclub and without the requisite use permit and live entertainment permit; and 2) Shore House Cafe has been operating as a night club on Friday and Saturday nights, including DJ's playing music and karaoke; and 3) Shore House Cafe continues to be operated illegally as a nightclub on weekends despite warnings by the NBPD to cease the live entertainment; and 14 Shore House Cafe October 9, 2008 Page 5 4) As recently as July 19, 2008, a DJ was playing extremely loud amplified music, exceeded the maximum occupancy, and aisles were blocked causing a hazard. The noise problems, over crowding, alcohol - related incidents, and various unauthorized live entertainment - related events observed by the NBPD warrant the denial of this portion of the application. These problems are exasperated by the restaurant's close proximity to residential uses. Parking Waiver The number of required off - street parking spaces is based on the amount of "net public area." Net public area is the total area used to serve customers and includes customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but does not include restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. The applicant is proposing to convert 93 square feet of storage space into a dining area. With the proposed 93- square -foot addition, the restaurant would have 3,593 square feet of net public area. The Central Balboa Specific Plan parking requirement for eating and drinking establishments is 1 space per 50 square feet of net public area, or 72 parking spaces for the proposed project. The parking requirement for an eating and drinking establishment with live entertainment is 1 space per 35 square feet of net public area, requiring 103 parking spaces. The project site currently provides 22 parking spaces on -site and cannot accommodate additional spaces. The proposed increase in net public area would result in a parking deficit of 50 spaces without live entertainment and 81 spaces with live entertainment. In order to approve the proposed increase in net public area and /or to permit live entertainment, a parking waiver is required. A use permit may be approved by the Planning Commission to modify or waive the number of required off - street parking if one or more of the following conditions are met: 1) A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites; or 2) The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; or a- Restaurant Use With Live Entertainment Parking 1 per 50 feet of net public area 1 per 35 feet of net public area Requirement Parking Spaces 72 103 Required Parking Deficit 50 81 In order to approve the proposed increase in net public area and /or to permit live entertainment, a parking waiver is required. A use permit may be approved by the Planning Commission to modify or waive the number of required off - street parking if one or more of the following conditions are met: 1) A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites; or 2) The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; or a- Shore House Cafe October 9, 2008 Page 6 3) A parking management plan for the site has been approved by the Planning Commission; or 4) The Planning Commission makes the following findings: a) The parking demand will be less than the Zoning Code requirement. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. A waiver based on the first condition is the only feasible option for this site. A municipal lot is located at the Balboa Pier, which is within 300 feet of the restaurant. The Public Works Department denial of a parking waiver based the limited availability of parking spaces in this lot during the peak summer months. The Coastal Land Use Plan (CLUP) policies suggest denial of the parking waiver: 2.9.3 -8 Continue to require properties with nonconforming parking to provide code - required off - street parking when new uses, alterations or additions result in increased parking demand. 2.9.3 -9 Approve no application for a modification or waiver of off - street parking requirements that are found to impact public parking available for coastal access. The project is currently nonconforming in terms of off - street parking, which impacts public parking in the area. The proposed increase in net public area and the introduction of live entertainment will increase this impact. Therefore, staff does not support the parking waiver based on the recommendation of the Public Works Department and on the conflict with CLUP policies. The City recently contracted with Walker Parking Consultants to conduct a series of studies to develop parking management strategies for six commercial areas, including Balboa Village. The goal is to develop parking management plans that will provide adequate, convenient parking for residents, guests, business patrons, and visitors. Once the parking management plan is adopted, this application may be revisited. Staff recommends that the parking waiver be denied without prejudice, thus allowing a new application for the same project to be filed within one year of the date of denial of this application. Alcoholic Beverage Ordinance The Shore House Caf(5 has an existing Type 47 On -Sale General for Bona Fide Eating Place ABC license. A use permit is required for any existing alcoholic beverage outlet when there is a substantial change in the mode or character of operation. The approval of a parking waiver and the addition of live entertainment is a substantial change that warrants a use permit for the sale of alcoholic beverages, pursuant to the Alcoholic 4 Shore House Cafe October 9, 2008 Page 7 Beverage Ordinance. Should the Planning Commission decide to approve the Use Permit for the existing restaurant, live entertainment, and the parking waiver, then staff recommends approval of the alcoholic beverage outlet based on the factors below. Factors to Consider: Section 20.89.030.B (Alcoholic Beverage Outlets) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below: 1. Whether the use serves public convenience or necessity The purpose of the Specific Plan District #8 is to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Continuing the sale of alcoholic beverages at the existing eating establishment is a convenience to the nearby residents and visitors within the area who patronize the business. City Council "K -7" policy grants the NBPD "the authority to make determinations of convenience and necessity for the sale of alcoholic beverages, and provides criteria for situations when the public convenience and necessity will not be served by granting additional retail licenses for the sale of alcoholic beverages." The policy continues that "the public convenience and necessity will not be served by the approval of any new or upgraded license" if the location is within an area where the number of crimes is at least 75 percent higher than the average of all reporting districts in the City. The Shore House Cafe is not within an area where the number of crimes is at least 75 percent higher than the average of all reporting districts in the City, which is congruent with the public convenience determination from City Council "K -7 policy. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City The NBPD has provided alcohol related statistics for the Shore House Cafe's Reporting District, Reporting District (RD) 12, for the 2007 Calendar Year. Alcohol - related statistics were also provided for RD 13 and RD 15, which are the adjacent districts to the West. RD 11 is immediately adjacent to the East, however it is not applicable for comparison purposes because it contains mostly residential properties. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) 12 102 74 6,017.70 13 97 99 5,309.25 15 326 258 11,531.66 —Newport Beach 2,925 3,712 3,620.05 Shore House Cafe October 9, 2008 Page 8 The location is within RD 12, wherein the number of part one crimes and the part one crime rate is greater than in the adjacent Reporting District, RD 13. The part two crimes within RD 12 are less than in RD 13. The part one crime rate in RD 12, 13, and 15 is higher than that of the City as a whole due to the high concentration of commercial uses in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as compared to a City -wide reporting district average of 175 reported crimes. This reporting district had 52 more crimes and is 22.81 percent above the City -wide reporting district average. These numbers reflect crime data for the 2007 Calendar Year. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average Reporting District Active ABC Licenses Per Capita License Ratio 12 35 1 license for every 48 13 5 1 license for every 365 residents 15 90 1 license for every 31 residents County-wide 4,805 1 license for every 592 residents The Shore House Cafe location is within an RD that is over the Orange County per capita average of ABC licenses. RD 13 has more residential properties than RD 12 and RD 15, which may explain the lower number of ABC licenses in the reporting district. As of May 1, 2003, the Orange County average active, retail ABC license was 1 license for every 592 residents. RD 12 has a higher concentration of this type of ABC license compared with the County average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts District DUI /Drunk Arrests Total Arrests Calls for Service —Reporting 12 52 117 2,172 13 55 132 2,907 15 461 831 7,322 Newport Beach 1,471 3,345 61,060 These numbers reflect crime data for the 2007 Calendar Year. RD 12 has a slightly lower number of DUI /Drunk Arrests, Total Arrests, and Calls for Service recorded in 2007 compared to RD 13, and significantly lower number of DUI /Drunk Arrests, Total Arrests, and Calls for Service recorded in 2006 compared to RD 15. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools The Shore House Caf6 is in a commercial area with mixed use districts adjacent to the south and west. There are no day care centers, park and recreation facilities, places of religious assembly, or schools in close proximity to the subject property. In accordance M Shore House Cafe October 9, 2008 Page 9 with the Alcoholic Beverage Ordinance, the Police Department has reviewed the application, and upon approval of the Use Permit, will condition the ABC license as necessary to maintain the health, safety, and welfare of the community. Summary Staff does not support the introduction of live entertainment or the proposed parking waiver. Therefore, staff recommends denial of Use Permit No. 2008 -045. However, staff recommends that the denial be without prejudice to allow the applicant the ability to apply again within one year, should the parking situation change with the adoption of a parking management plan for Balboa Village. Denial of the Use Permit will mean that the existing restaurant will continue as a nonconforming use with nonconforming parking. The restaurant can continue to operate, but cannot be expanded, increased or intensified.. Alternatives The Planning Commission may also approve any portion of the application, including: A use permit for the existing restaurant, including its operation as an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance. 2. Conversion of approximately 93 square feet of storage area into net public area, if a parking waiver is approved. a. A parking waiver for 50 spaces for the restaurant without live entertainment. b. A parking waiver for 81 parking spaces for the restaurant with live entertainment. 3. The introduction of live entertainment. Environmental Review This project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities. The existing building will remain with no additional square footage. The scope of the physical construction is limited to minor interior alterations. The existing eating and drinking establishment use will continue. The number of parking spaces provided and the type of ABC license will remain unchanged. The introduction of live entertainment will be limited to two evenings a week, so any changes in operational characteristics are negligible. L Shore House Cafe October 9, 2008 Page 10 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 ten 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: i Fern Nueifo, Assistant Planner Submitted by: Is =-100 EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Project plans 3. Outdoor Dining Permit No. 50 approval letter 11cnbldatMUswsIPLMShamdlPA 'sIPAs - 20081PA2008- 1231UP2008 -045 rpt.doc Exhibit No. 9 Draft Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING WITHOUT PREJUDICE USE PERMIT NO. 2008 -045 TO ALLOW AN EXISTING RESTAURANT WITH A PARKING WAIVER, LIVE ENTERTAINMENT, AND OPERATION OF AN ALCOHOLIC BEVERAGE OUTLET LOCATED AT 801 EAST BALBOA BOULEVARD (PA 2008 -123) WHEREAS, an application was filed by Shore House Cafe Inc., with respect to property located at 801 East Balboa Avenue, and legally described as Lots 1, 2, 3, 4, 5, and 6 in Block 12 of Balboa Tract, as shown on a map recorded in Book 4, Page 11 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, requesting approval of Use Permit No. 2008 -045 for an existing eating and drinking establishment to allow 1) conversion of approximately 93 square -feet of storage area into net public area; 2) operation of an alcoholic beverage outlet; 3) parking waiver; and WHEREAS, a public hearing was held on October 9, 2008, 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Land Use Element of the General Plan and the Coastal Land Use Plan designate the project site as Mixed Use Vertical, which is intended to provide for the development of properties for mixed -use structures that vertically integrate housing with retail uses including restaurant uses or exclusively for retail uses in accordance with other commercial designations; and WHEREAS, the subject property is designated as a Retail Service Commercial land use within the Specific Plan District #8 (Central Balboa) Zoning District, which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area; and WHEREAS, the Planning Commission finds that the requested waiver of on -site parking spaces does not meet one or more conditions stated in Section 20.66. 100 of the City of Newport Beach Municipal Code; and WHEREAS, the Planning Commission finds that the requested waiver of on -site parking spaces is not consistent with one or more policies of the Coastal Land Use Plan; and WHEREAS, the Planning Commission finds that the requested live entertainment is not compatible with the neighborhood and is detrimental to public health, safety, peace, morals, comfort, and welfare of persons residing or working in or adjacent to the neighborhood due to the proximity to the restaurant of residential uses; and ............. 13 Planning Commission Resolution No. _ Page 2 of 9 WHEREAS, a use permit for the establishment of an existing restaurant has been denied without prejudice in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following finding and facts in opposition of such finding: 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. Facts in opposition of finding: The parking waiver based on the nearby municipal public parking lot is detrimental to public health, safety, peace, morals, comfort, and welfare of persons residing or working in or adjacent to the neighborhood because parking in the municipal lot at the Balboa Pier is severely impacted during June, July, and August. The parking waiver is not consistent with Coastal Land Use Plan Policies 2.9.3 -8 and 2.9.3 -9. Live entertainment is detrimental to public health, safety, peace, morals, comfort, and welfare of persons residing or working in or adjacent to the neighborhood due to the proximity to the restaurant of residential uses. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act because the scope of the physical construction is limited to minor interior alterations, the existing eating and drinking establishment use will continue, and the number of parking stalls provided and the type of ABC license will remain unchanged; and NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby denies Use Pen-nit No. 2008 -045. 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. Iq Planning Commission Resolution No. _ Paoe 3 of 9 PASSED, APPROVED AND ADOPTED THIS 9th DAY OF OCTOBER. AYES: NOES: EXCUSED: M Scott Peotter, Chairman BY: Barry Eaton, Secretary /5 Exhibit No. 2 Project Plans 1) §| s k §| | | | | | §( [ � <■ <■ < ■g�<�g■ �_,$ mK; & ; -^ ' | | § |! ` . Q | | 2 § F F F F g § , , L.J | � � , � !!■ � \ ^� \d» \ & -- _,� —1 -- I �! 1§ -A — - -� § | � ! ] � }k C4 D §_# \ \\ co §30 00 0) a s_=a 8# s �� z s � s RIC ' ' Via. 110 110 US 0 1 Ulu $m a 4 r �e �3 Exhibit No. 3 Outdoor Dining Permit No. 50 Approval Letter 2S Application No: Applicant: Owner: Address of Property Involved: Legal Description: Application Request: Application: CITY OF NEWPORT BEACH 04 @) COMMUNITY AND ECONOMIC DEVELOPMENT Complete: u ... PLANNING DEPARTMENT Date Approved: May 19, 1998 Staff Person: Sso NEWPORT BOULEVARD Appeal Period: NEWPORT BEACH. CA 92658 (714) 644-32% FAX (714) 644-5250 Application No: Applicant: Owner: Address of Property Involved: Legal Description: Application Request: Application: Acc. Outdoor Dining Permit No. 50 Application April 20, 1998 Complete: Date of Notice: April 24, 1998 Date Approved: May 19, 1998 Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days (closes June 2, 1998) Accessory Outdoor Dining Permit No. 50 Dillman's Restaurant (Michael Kim, applicant) Michael Kim, Balboa 801 East Balboa Blvd Lot No. 1, Block 12, Tract A104 The applicant requests to establish an accessory outdoor dining use in conjunction with an existing full - service restaurant. The property is located in the SP -8 District (Retail and Service Commercial Area of the Central Balboa Specific Plan Area). Director's Action: APPROVED, May 19,1998 The Planning Director determined in this case that the accessory outdoor dining permit as conditioned by this approval would not be detrimental to persons, property or improvements in the neighborhood and is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: FINDINGS 1. That 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. 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). 2? Page - 2 3. That 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 proposed outdoor dining area is compatible with the surrounding land uses based on its limited hours and the provision of a full height partition which should prevent noise from adversely impacting the nearby residential uses makes. • The proposal does not include any noise generating activities inside or outside of the facility (i.e., live entertainment is not authorized for the facility) and those activities are specifically prohibited in the outdoor dining area by this approval. 4. That the proposal is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: • The use is accessory to and an extension of the existing restaurant use. • The proposed accessory outdoor dining will not be located to result in a reduction of existing parking spaces. • The restrictions on the use of a partial solid roof structure over the dining area, as applied to this approval, is consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. CONDITIONS: That development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. That the accessory outdoor dining shall be used in conjunction with the related adjacent food establishment and shall be restricted to 215 sq.ft. maximum (gross area) devoted to dining, as proposed (25 percent of the indoor net public area of 2,700 sq.ft.), unless a use permit is obtained from the Planning Commission. 3. That alcoholic beverage service shall be prohibited in the outdoor dining areas, until the approvals of the Police Department and the Alcoholic Beverage Control Board are first 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. 4. That the hours of operation of the outdoor dining area are limited to 11:00 a.m. to 10:00 p.m. Sunday through Thursday, and 11:00 a.m. to 11:00 p.m. Friday and Saturday. Any increase in the hours of operation shall be subject to the approval of an amendment to this permit or the filing of a new use permit application. The patio shall be closed and not utilized during the non - specified operational hours after 10:00 p.m. and 11:00 p.m., respectively (i.e., no patrons will be seated or served after these hours). The interior restaurant operation shall not be governed by the hours specified in conjunction with this application. Page - 3 5. That the outdoor dining area be provided with a full height wall or partition which shall extend flush with the top of the block wall and the bottom of the roof overhang at the side of the dining area facing the parking lot. If constructed of glass or Plexiglas -type material, the partition shall be of solid construction with no operable windows. 6. That the seating adjacent to the food use facility shall be limited to the area as delineated on the approved site plan only. That the operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited in the outdoor dining area. The noise generated by the proposed use 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: 8. That 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. 9. That 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. 10. That the project shall comply with State Disabled Access requirements. 11. That the parking lot shall be maintained in accordance with the Newport Municipal Code and City Standards for parking lot striping and shall be reviewed and approved by the City Traffic Engineer prior to issuance of building permits or implementation of the outdoor dining use. The parking lot plan shall include handicap parking in accordance with requirements of the Uniform Building Code or other applicable regulations for handicap accessibility. 91 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA NIA 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 8. That 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. 9. That 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. 10. That the project shall comply with State Disabled Access requirements. 11. That the parking lot shall be maintained in accordance with the Newport Municipal Code and City Standards for parking lot striping and shall be reviewed and approved by the City Traffic Engineer prior to issuance of building permits or implementation of the outdoor dining use. The parking lot plan shall include handicap parking in accordance with requirements of the Uniform Building Code or other applicable regulations for handicap accessibility. 91 Page - 4 12. That the use of the rear doors shall be limited to deliveries and employee use only, customers shall be directed to utilize the doors accessing East Balboa or the outdoor dining area. 13. That deliveries shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily. 14. That use of the rear door shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily. Additionally, the depositing of trash into the dumpster shall be completed before 10:30 p.m., nightly. 15. 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. The applicant shall submit a practical program for the monitoring and implementation of clean-up, including noise control measures, prior to implementation of this approval (SP -8, in accordance with 20.45.030I of the Municipal Code). 16. 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 providing periodic steam cleaning of the public sidewalks as required by the Public Works Department. 17. That trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 18. That no outside paging or sound system shall be utilized in conjunction with this outdoor dining establishment. 19. That 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. 20. That this approval shall be subject to review by the Planning Department after the second week in July 1998 to determine compliance and effectiveness of the conditions of approval to prevent noise problems. However, if the outdoor dining area has not been implemented and operational for at least 60 days prior to July 15, 1998, the Planning Department shall review the use a minimum of sixty days after implementation. 21. That 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 or 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. : >O Page - 5 The decision of the Planning Department is final, however, the approval is subject to call up by the Planning Commission or the City Council for referral to the Planning Commission within 14 days of the date of the decision. PATRICIA L. TEMPLE, Planning Director By Q=8t�j-, U, avier S. Gar AICP Senior Planner Attachments: Appendix Vicinity Map Detail Seating Plan Letter of Concern F: SUSERS\PLNISHARED \IOUT-DNGIACTIONS\OD50.DOC cc: Dillman's Restaurant (Michael Kim, applicant) P.O. Box 934 Balboa, CA 92661 property owner Michael Kim P.O. Box 934 Balboa, CA 92661 Police Department, V & I Code Enforcement Officer S/ Page- 6 APPENDIX Background/Discussion The existing restaurant was established prior to the requirement of a use permit and is therefore legally non - conforming in that regard. Consequently, there are currently no restrictions on hours of operation or other operational characteristics. The applicant indicates that there is currently no live entertainment provided in conjunction with the facility. The addition of live entertainment with amplified sound would require the approval of a use permit by the Planning Commission. Staff became aware of the use of the outdoor dining area when the applicant began construction of a partial patio cover for weather purposes. The applicant indicates that the outdoor dining area has been in use for a number of years. To aid in the control of noise and sound generated by the outdoor dining activity, staff has recommended and the applicant has agreed to provide a full- height glass or Plexiglas screen on the parking lot side of the dining area. Staff believes that the screen will minimize impacts on the neighboring residential uses. Staff has also limited the hours of use of the outdoor dining area which are more restrictive than the hours of operation of the subject restaurant and other restaurants in the area. Parking Lot Stripine The City Traffic Engineer has indicated that the parking lot is not striped in accordance with City Standards to provide handicap parking and has recommended that the parking lot be re- striped to provide at least one handicap space. Staff has included a condition of approval to that effect. 3z