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HomeMy WebLinkAboutTommy Bahamas at CdM PlazaCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 3, 2008 Agenda Item 8 SUBJECT: Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) 854 Avocado Avenue • Use Permit No. 2008 -003 APPLICANT: Tommy Bahamas (Jason Beagle, Contact Person) PLANNER: Janet Johnson Brown, Assistant Planner (949) 644 -3236, ibrownCa )citv.newport- beach.ca.us PROJECT SUMMARY The applicant is requesting approval of an amendment to Use Permit No. 3623 to permit an additional 461- square -foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, and adopt a resolution (Exhibit 1) to approve the amendment to Use Permit No. 3623, subject to findings and conditions. `.3 Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 3 INTRODUCTION Proiect Settin The project is located in a retail commercial shopping center known as Corona del Mar Plaza at the northeast corner of East Coast Highway and Avocado Avenue. The restaurant is located in a 10,126- square -foot single -story building and consists of an indoor dining area, an outdoor dining patio, a full bar, and restrooms. A retail store affiliated with the restaurant is located within the same building. Project Description The existing restaurant is a 5,769- square -foot full- service, low turnover eating and drinking establishment with an existing 1,000- square -foot outdoor dining patio located at the southeasterly side of the building. The applicant requests to add a new 461- square -foot outdoor dining patio for the exclusive use of the restaurant. The new outdoor dining patio is proposed to be located directly adjacent to the restaurant under an existing shade trellis on the northeast side of the building facing the parking lot. No parking spaces would be displaced by the proposed outdoor dining patio. The proposed addition of the new outdoor dining patio would be in excess of the area devoted to outdoor dining allowed by Section 20.82.050 (Accessory Outdoor Dining) of the Municipal Code, and is a change to the operational characteristics of the existing restaurant. Therefore, the proposed project requires an amendment to the existing Use Permit No. 3623. No other operational changes are proposed with this application. Background On April 9, 1998, the Planning Commission approved Use Permit No. 3623, which allowed construction of a full - service, low turnover eating and drinking establishment with a bar, and indoor and outdoor dining areas, restrooms, kitchen, and storage areas. The approved project includes full liquor service, live entertainment, accessory outdoor dining, and a waiver of the restaurant development standards pertaining to site requirements, walls, and landscaping. The waiver was granted because these items were previously addressed by the more restrictive development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by City Council in November 1995 for development of Corona del Mar Plaza. Parking for the restaurant is provided in the shared parking lot of Corona del Mar Plaza. A copy of Use Permit No. 3632 Findings and Conditions of Approval is attached as Exhibit 2. The following table provides a summary of the project and operational characteristics pursuant to Use Permit No. 3623. 5 Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 4 Permitted Operations Pursuant to Use Permit No. 3623 Gross Building Area (sq.ft.) 10,126 square feet Net Public Area (NPA): Interior: 4,017 square feet Exterior: 1,000 square feet Other areas: Restrooms, kitchen, retail area, storage and service: 6.109 square feet Subtotal: 11,126 square feet Credited Accessory Outdoor Dining: (1,000 square feet) (25% of interior NPA, not to exceed 1,000 sq.ft.) Total Gross Floor Area: 10,126 gross square feet (used to determine parking) Hours of Operation: Interior: 11:00 a.m. to 12:00 midnight daily Exterior: 11:00 a.m. to 11:00 p.m. daily Required Parking: Corona del Mar Plaza entitled for 105,000 sq.ft. @ 4.9 spaces /1,000 sq.ft.: 515 spaces (104,538 sq.ft. existing) Parking Provided: 516 spaces Parking Allocated to Project: 50 spaces (10,126 sq.ft. existing total gross floor area @ 4.9 spaces per 1,000 sq.ft.) Live Entertainment/Dancing: Amplified acoustic guitar and steel drums (Interior only, limited to 2 performers) No dancing Number of Employees: 30 employees Analysis The Newport Village Planned Community Development Standards regulate the floor area, development limits, and parking requirements for the project, and includes a provision that states that outdoor dining areas for the exclusive use of a restaurant shall be counted as floor area, except as otherwise permitted by the Newport Beach Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 5 Municipal Code. Section 20.82.050 allows the Planning Director to approve applications for outdoor dining areas, provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1,000 square feet, whichever is less. Outdoor dining areas that meet these criteria are not included in the calculations for required off - street parking. The existing restaurant includes a 1,000- square -foot outdoor dining area and the applicant is requesting to add an additional 461 - square -foot outdoor dining area. Because the proposed new outdoor dining area is in excess of the maximum allowed by Section 20.82.050 of the Municipal Code, approval of a use permit is required. The proposed outdoor dining area would be counted as gross floor area, in addition to being included in calculations for the required off - street parking. Floor Area The Newport Village Planned Community Development Standards allow a maximum of 105,000 gross square feet to be developed in Corona del Mar Plaza, of which 15 percent, or 15,750 square feet may be devoted to restaurant uses. Currently, the center consists of 104,538 square feet, with 14,424 square feet devoted to restaurant uses. The addition of the 461- square -foot outdoor dining patio would not exceed the maximum allowable floor area for the overall center and would comply with the floor area and development limits for restaurant uses. Off - Street Parking The off - street parking requirements in the Newport Village Planned Community District Regulations establish a minimum of 4.9 off - street parking spaces for every 1,000 square feet of gross floor area for all uses. As stated above, the total gross floor area permitted for Corona del Mar Plaza is 105,000 square feet and the existing retail commercial center consists of 104,538 square feet. At the time the center was developed, a total of 516 parking spaces were provided on -site. Therefore, the new 461 - square -foot outdoor dining area will not result in the requirement for additional parking spaces (existing 104,538 sq.ft. + proposed 461 sq.ft. = 104,999 sq.ft. total + 1,000 sq.ft. x 4.9 spaces = 515 spaces). Use Permit Findings Outdoor dining areas in excess of the maximum allowed by Section 20.82.050 of the Municipal Code, and changes to the operational characteristics of an existing eating and drinking establishment require the approval of a use permit. Section 20.91.035 requires that the Planning Commission make certain findings in order to approve a use permit application. The findings and facts in support of such findings are listed and discussed below. Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 6 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 project is located in the Newport Village Planned Community District, which allows for the development of retail, governmental, institutional, and open space uses, and the project site is designated for retail uses. Restaurants are a permitted use subject to approval of a use permit. The existing restaurant use was approved in April 1998 pursuant to Use Permit No. 3623, and the proposed project to allow an additional 461 - square -foot outdoor dining patio would be consistent with the provisions of the Newport Village Planned Community Development Standards and Municipal Code. 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 use is consistent with the General Commercial (CG) land use designation 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 cumulative development of the site is limited to a maximum of 105,000 square feet. The proposed amendment to the existing use permit to allow an additional 461- square -foot outdoor dining area to an existing eating and drinking establishment is consistent with the land use designation and will not exceed the maximum gross floor area allowed for the site. The approval of the proposed addition of a 461- square -foot outdoor dining area to an existing eating and drinking establishment, and the conditions under which the existing restaurant will be operated and maintained 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: • Restaurant uses are compatible with the surrounding commercial and residential uses since they are typically located in retail commercial shopping centers and serve the regional needs in the area. • The existing restaurant has operated in this location under the existing Use Permit No. 3623 since 1999, and has not been a detriment to the neighborhood. • The hours of operation of the proposed project, as conditioned, will be limited to 11:00 a.m. to 11:00 p.m. daily for the outdoor dining areas and 11:00 a.m. to 12:00 midnight daily for the interior dining area. V Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 7 • Specific conditions are included to require strict adherence to noise regulations so as to eliminate noise impacts to the surrounding area. Live entertainment is limited to the interior of the restaurant and no dancing is permitted. 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. The proposed addition of a 461- square -foot outdoor dining area to an existing restaurant would substantially comply with the design and development standards for a full - service, low turnover eating and drinking establishment. The previous waiver of development standards as they apply to site requirements, walls, and landscaping were addressed by the development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by the City Council on November 27, 1995, for development of Corona del Mar Plaza. 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 within a residential district; therefore, this finding does not apply. Alternatives 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 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 reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed addition of a 461- square -foot outdoor dining patio is minor in nature. Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 8 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: d' • on - t. • -•• °./i • t - EXHIBITS (in the order they are referenced within the report) Draft Resolution No. 2008 -_; findings and conditions of approval Use Permit No. 3623 Findings and Conditions of Approval Project Plans FAUsers\PLNZharedlPNMPAs - 2008 \PA2008 - 029 \UP2008-003 staff Rpt.doc 10 Exhibit No. 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3623 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 854 AVOCADO AVENUE (PA2008 -029) WHEREAS, an application was filed by Tommy Bahamas with respect to property located at 854 Avocado Avenue, and legally described as a Portion of Parcel No. 1 of Parcel Map filed in Book 90, Page 361 of Parcel Maps Records of Orange County, requesting approval of an amendment to Use Permit No. 3623 to permit an additional 461- square -foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code; and WHEREAS, on April 3, 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. 3623 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: 1. 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 Newport Village Planned Community District, which allows for the development of retail, governmental, institutional, and open space uses, and the project site is designated for retail uses. Restaurants are a permitted use subject to approval of a use permit. The existing restaurant use was approved in April 1998 pursuant to Use Permit No. 3623, and the proposed project to allow an additional 461- square -foot outdoor dining patio would be consistent with the provisions of the Newport Village Planned Community Development Standards and Municipal Code. 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. \3 City of Newport Beach Planning Commission Resolution No. Page 2 of 8 Facts in Support of Finding: The existing restaurant use is consistent with the General Commercial (CG) land use designation 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 cumulative development of the site is limited to a maximum of 105,000 square feet. The proposed amendment to the existing use permit to allow an additional 461- square -foot outdoor dining area to an existing eating and drinking establishment is consistent with the land use designation and will not exceed the maximum gross floor area allowed for the site. The approval of the proposed addition of a 461 - square -foot outdoor dining area to an existing eating and drinking establishment, and the conditions under which the existing restaurant will be operated and maintained 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: • Restaurant uses are compatible with the surrounding commercial and residential uses since they are typically located in retail commercial shopping centers and serve the regional needs in the area. • The existing restaurant has operated in this location under the existing Use Permit No. 3623 since 1999, and has not been a detriment to the neighborhood. • The hours of operation of the proposed project, as conditioned, will be limited to 11:00 a.m. to 11:00 p.m. daily for the outdoor dining areas and 11:00 a.m. to 12:00 midnight daily for the interior dining area. • Specific conditions are included to require strict adherence to noise regulations so as to eliminate noise impacts to the surrounding area. • Live entertainment is limited to the interior of the restaurant and no dancing is permitted. 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 proposed addition of a 461- square -foot outdoor dining area to an existing restaurant would substantially comply with the design and development standards for a full - service, low turnover eating and drinking establishment. The previous waiver of development standards as they apply to site requirements, walls, and landscaping were addressed by the development standards specified by the Newport Village Planned Community District, and by \9 City of Newport Beach Planning Commission Resolution No. Page 3 of 8 Site Plan Review No. 74, which were approved by the City Council on November 27, 1995, for development of Corona del Mar Plaza. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act. The proposed addition of a 461- square -foot outdoor dining patio to the existing eating and drinking establishment is minor in nature. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 3623, 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 3RD DAY OF APRIL 2008. AYES: go Robert Hawkins, Chairman BY: Bradley Hillgren, Secretary EXCUSED: 1 5 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3623 (Project - specific conditions noted in italics) Planning Department The following conditions herein replace and supersede Me previous conditions of approval dated April 9, 1998, upon implementation of this amendment. 2. 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 3, 2008. 4. The area of the new outdoor dining patio shall not exceed 461 square feet, as depicted on the plans dated January 3, 2008. 5. All applicable previous conditions of approval of site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 6. The restaurant hours of operation for the interior dining area shall be limited to between 11:00 a.m. and 12:00 midnight daily, and the outdoor dining patio areas shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval an amendment to this Use Permit. 7. Regular food service from the full lunch and dinner menu shall be made available at all times the facility is open. 8. Live entertainment shall be limited to two performers, and may be amplified, but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 9. All windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. 10. All speakers located in the outdoor dining patio areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the 1-7 City of Newport Beach Planning Commission Resolution No. _ Page 5 of 8 Newport Beach Municipal Code. Should any music emanating from the outdoor dining patio area speakers or from interior live entertainment be heard at the nearside comer of the intersection of Sea Lane and Harbor View Drive, the speaker volume for the outdoor dining area speakers shall be reduced to eliminate any noise impacts. 11. The speakers located in outdoor dining patio areas shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor dining area speakers shall be utilized for ambient background noise effect and shall be limited to pre- recorded music only. 12. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective measures necessary in order to insure compliance. 13. No dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first obtained. 14. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission.' 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 1(d City of Newport Beach Planning Commission Resolution No. _ Page 6 of 8 20. 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). 21. 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. 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 25. 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. 26. 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. \A City of Newport Beach Planning Commission Resolution No. Page 7 of 8 27. 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 Planning Department on demand. 28. 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. 29. 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. 30. The sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 31. 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. 32. Deliveries, refuse collection, or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily, unless otherwise approved by an amendment to this Use Permit 33. 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 Use 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. 34. 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. Building Department 35. All exits shall remain free of obstructions and available for ingress and egress at all times. 36. 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- zo City of Newport Beach Planning Commission Resolution No. Paoe 8 of 8 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. 37. 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. 38. Strict adherence to maximum occupancy limits is required. 39. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. Fire Department 40. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the Califomia Electrical Code or Califomia Mechanical Code, 2007 Edition. Z' Exhibit No. 2 Z3 City of Newport Beach Planning Commission Minutes April 9, 1998 SUBJECT: Tommy Bahamas Restaurant (Martin Potts, con person) 870 Avocado Avenue (Continued from March 5, 1998) • Use Permit No. 3623 The project involves the approval of a use permit to allow the construction of a 5,767 square foot, single -story full- service restaurant with bar, patio dining and related off - street parking in the reciprocal parking lot of Corona del Mar Plaza. The use permit application includes a request to allow live entertainment and the sale of alcoholic beverages. A request to waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code is also included in the use permit application. Also included in this application is the approval of accessory outdoor dining in conjunction with the restaurant facility. Commissioner Selich noted, for the record, that he was present at the demonstration conducted March 23rd to evaluate the impact of the live entertainment noise levels on the surrounding residential and commercial areas. Public Comment was opened. Mr. W. C. Wells, 1808 North East Clickatate, Portland, Oregon, applicant, in response to Commission inquiry, stated that he understands and agrees to the findings and conditions of Use Permit No. 3623. Deborah Allen, 1021 White Sails Way, president of the Harbor View Hills Community Association spoke in support of this project. She thanked Commission, The Irvine Company and staff for the protocol of the sound test that was held on site and for the cooperation of all parties involved. Barry Allen, 1021 White Sails Way, thanked staff for their efforts noting that the test really worked. Public comment was closed. Motion was made by Commissioner Selich to Approved Use Permit No. 3623 subject to the findings and conditions in Exhibit "A ". He complimented the staff of Tommy Bahamas for their work in putting forth this test and demonstration. Without objection and with one absence, by acclamation Motion Passed. UP 3623 Approved INDEX Z5 City of Newport Beach Planning Commission Minutes April 9, 1998 Findinas: INDEX That the Land Use Element of the General Plan designates the site for 'Retail and Service Commercial' use. A restaurant is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (EIR No. 154, certified by the City of Newport Beach on November 25, 1995), to address the requirements of the California Environmental Quality Act. 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 property within the proposed development beyond those already addressed through Site Plan Review No. 74. 4. That the purpose or intent of the restaurant development standards related to site requirements, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • Site requirements related to walls and landscaping are addressed by the previously approved Site Plan Review No. 74 and the requirements specified by the Newport Village Planned Community District Regulations. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from the reciprocal parking areas. • The 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 on- site pool of parking and the project access shared with the library. 5. The approval of Use Permit No. 3623 and related accessory outdoor dining 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 3 Z. City of Newport Beach Planning Commission Minutes April 9, 1998 neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval and limited hours of operation have been included which should prevent problems associated with noise generated by the facility. • The parking demand of the facility can be adequately accommodated by the reciprocal pool parking available on -site. • The potential for problems associated with hours of operation and noise generated by the proposed restaurant operation is minimized because of the project's location in a shopping center, with East Coast Highway separating it from nearby residential uses. • The sound potential associated with the live entertainment was tested in the field with the result that it would not be heard in nearby residential areas. • The control of noise can be achieved by the limitation on the location of the specific noise generating activities (live entertainment), the limitations on the speaker system in the outdoor dining areas and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will add a new liquor license to an overconcentrated area. However, the alcoholic beverage service is incidental to the primary use of the facility as a restaurant. • The establishment will provide regular food service from the full menu at all times the facility is open; and the limited hours of operation should minimize the potential number of Police and Department of Alcoholic Beverage Control problems in the area. • The proposed outdoor dining area is compatible with the surrounding land uses and its limited hours and recommended conditions of approval on the live entertainment and outdoor paging /speaker system should prevent noise from adversely impacting the nearby residential uses. • The proposed accessory outdoor dining will not be located so as to result in a reduction of existing parking spaces. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted INDEX Z"1 City of Newport Beach Planning Commission Minutes April 9, 1998 below. 2. That all applicable previous conditions of approval of Site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 3. That the hours of operation of the restaurant shall be limited to between 11:00 a.m. to 12:00 midnight, daily, and the outdoor dining area shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Use Permit. 4. That regular food service from the full lunch /dinner menu shall be made available at all times the facility is open. 5. That the live entertainment shall be limited to 2 performers, and may be amplified but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 6. That windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and that windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. That speakers located in the outdoor dining areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the patio speakers or indoor live entertainment be heard at the nearside corner of the intersection of Sea Lane and Harbor View Drive, the patio speaker volume shall be reduced, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise effect and shall be limited to pre- recorded music only. 8. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective INDEX 29 City of Newport Beach Planning Commission Minutes April 9, 1998 measures necessary in order to insure compliance. That no dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first approved. 10. That roof coverings over the outdoor dining area shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission. . 1 1. That a landscape and irrigation plan for the site shall be approved by the Public Works and Planning Departments. Landscaping shall be provided along the street frontages of East Coast Highway, Avocado Avenue, and MacArthur Boulevard to provide adequate screening from the neighboring residential uses. The landscaping shall be installed in accordance with the prepared plans. 12. That deliveries, refuse /grease collection or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily, unless otherwise approved by an amendment to this use permit. Dollar Rent A Car Systems (Michael Joyce - applicant) 3500-3510 Irvine Avenue • Use Permit No. 3624 To approve a usg"ermit for Dollar Rent A Car to use an existing retail car rental facility formeity occupied by Alamo Rent A Car. Commissioner Selich noted NZt he has had discussions with staff and the applicant regarding this applic 'on. As a result of these discussions, has come to the conclusion that thi pication is not necessary for the following: • 1978 - Alamo Rent a Car obtained a`',e Permit on the property and operated a rental facilityuntil 1994. '�.,,� • 1994 - to present, Hertz Rent a Car has bed there at that location operating under the Alamo Rent a Car Use Perr "N.4 • now Dollar Rent a Car wants to come in and contiri r f.he existing use permit • nature of the Dollar Rent a Car is slightly different than Hereration, but substantially the same • the operation has been in continual use either by Alamo, Hertz now, Dollar INDEX Item No. 2 Use Permit No. 3624 Removed from calendar 2q Exhibit No. 3 31 �Ew 0 1z z �W �z a w A z O QI i� W �1 L C. V U OC Is H 44i 3 3 � z�z Ep SssS 4Q 4 pill pip loll a ill R11111111111,111 fill I goo gills! CU z ggpf €(¢yy�yygj°gj i¢3 a ! 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