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HomeMy WebLinkAbout05-Rose Bakery Cafe Parking Management Plan PA2010-103CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 9, 2010 Meeting Agenda Item 5 SUBJECT: Rose Bakery Cafe Parking Management Plan - (PA2010 -103) 3536 East Coast Highway Amendment No. 1 to UP2009 -035 APPLICANT: Rose Bakery. Cafe PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY Rose Bakery Cafe requests an amendment to Use Permit No. 2009 -035 to waive 15 parking spaces required by the previously approved expansion of the restaurant. The applicant also requests a change in the hours of operation from 5:00 a.m. — 7:00 p.m. to 5:00 a.m. — 8:00 p.m. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Amendment No. 1 to UP2009 -035 (Attachment No. PC 1). Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 2 VICINITY MAP Subject Property I GENERAL PLAN II ZONING I Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 3 INTRODUCTION Proiect Settin The subject restaurant is located at the northwest corner of East Coast Highway and Orchid Avenue. The lot is developed with a multi- tenant, retail building that includes a nail salon, take -out pizza restaurant, and dry cleaners, and a surface parking lot with thirteen (13) parking spaces. Project Description The proposed project is a parking waiver in conjunction with a parking management plan to waive the fifteen (15) parking spaces previously required by Use Permit No. UP2009 -035. The spaces are needed to satisfy the code - required parking for the previously approved restaurant expansion. The applicant also requests a change to the hours of operation from 5:00 a.m. — 7:00 p.m., daily, to 5:00 a.m. — 8:00 p.m., daily. Background The current Use Permit approved on March 4, 2010, allowed the change in use from a full - service, small -scale restaurant to a full - service, high- turnover restaurant and the expansion of the outdoor dining area. The outdoor dining area was expanded from 75 square feet to 500 square feet in area and the number of seats increased by approximately 25 seats for a total of approximately 35 seats. To satisfy the increased parking requirement, the Use Permit included an agreement for 15 spaces located across the alley at 409 Orchid Avenue; however, this option is no longer feasible for the applicant. The applicant was unable to obtain an off -site parking agreement from the property owner of the parking lot, which created the need to amend the Use Permit. Planning Commission Resolution No. 1802 for the current Use Permit is attached (Attachment No. PC 2). DISCUSSION Analysis General Plan and Zoning Code Consistency The restaurant use is consistent with the Corridor Commercial land use designation of the General Plan and the Commercial Corridor (CC) Zoning District, which are intended to provide a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing restaurant is designed and oriented to serve residents and visitors in the area. A substantial portion of the restaurant's patrons walk or bicycle to the restaurant. Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 4 Parking Waiver Section 20.40.110 (Adjustments to Off - Street Parking Requirements) allows the Planning Commission to reduce the number of parking spaces required if a Parking Management Plan to mitigate any impacts is approved. A draft Parking Management Plan is attached (Attachment No. PC 3). In order to mitigate the effects of waiving fifteen (15) parking spaces, the applicant proposes to use the adjacent surface parking lot with 29 spaces located at 409 Orchid Avenue until 5:00 p.m., every day. The applicant represents that the property owner of the parking lot would not consent to the off -site parking agreement and that the owner does not object to Rose Bakery and Cafe patrons and employees parking on his lot until 5:00 p.m. The applicant represents that the owner of the parking lot prefers for the lessee of the property to grant permission for the use of the parking lot. This parking lot is leased by the Landmark Steakhouse Restaurant and the restaurant is currently only open for dinner beginning at 5:00 p.m. The owner of the Landmark Steakhouse Restaurant has submitted a letter (Attachment No. PC 4) authorizing the owner of Rose Bakery Cafe to use the parking lot. The Economic Development Division supports the proposed parking waiver. The 2008 Corona del Mar Parking Study done by Walker Parking Consultants indicates that the off - street parking lots on this block are operating below. the optimum 90 -95 percent occupancy level, indicating an adequate supply of off - street parking for the current land uses. The Planning Department has collected parking data in association with this proposed project. The results of the parking survey (Attachment No. PC 5) indicate that the on- site and off -site parking lots provide sufficient parking spaces to support the use. Use Permit Pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Zoning Code, the Planning Commission may approve or conditionally approve a Conditional Use Permit only after making certain findings. The findings and facts in support of the findings are listed and discussed below. 1. This project conforms to the requirements of the California Environmental Quality Act (CEQA). Facts in support of finding: The project is categorically exempt from the requirements of the CEQA under Class 1 (Existing Facilities), which exempts the operation of existing facilities involving negligible or no expansion of use. The application does not include any changes in use or physical changes to the property. The parking does not negatively affect the Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 5 traffic or circulation in the area based on the number of pedestrian customers and the use of the off -site parking lot. 2. The use is consistent with the General Plan and any applicable specific plan. Facts in support of finding: • The existing restaurant is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The restaurant is consistent with this designation. The existing restaurant is designed and oriented to serve residents and visitors in the area and patrons do walk or bicycle to the restaurant. • The subject property is not part of a specific plan area. 3. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in support of finding: • The existing restaurant is located in the Corridor Commercial (CC) Zoning District, which is intended to provide for areas appropriate for a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Restaurants are retail and service uses and are permitted within this Zoning.District subject to the approval of a use permit. • The parking waiver is necessary to satisfy the Zoning Code - required parking spaces for the previously approved expanded use. The use permit approval is consistent with Chapter 20.40 (Off- Street Parking) of the Zoning Code regarding the waiver of the requirement for fifteen (15) parking spaces in conjunction with the Parking Management Plan. • The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) in regards to the operating standards. The Use Permit contains conditions to maintain the requirements of Section 20.48.090, including conditions regarding storage, outdoor dining, and queuing of patrons. 4. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in support of finding: . Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 6 • The proposed project is located within a nonresidential zoning district, but residential uses are located nearby on Orchid Avenue. The project is similar to and compatible with other neighborhood - serving retail and service uses located on East Coast Highway. The size of the building and subject suite is comparable to buildings in the Corona del Mar area. • The operational characteristics are that of a bakery and restaurant, and the hours of operation of the establishment are restricted and the use cannot operate as a bar or nightclub. The restaurant serves residents, visitors, and employees in the area. • The subject site contains thirteen (13) parking spaces and the restaurant employees and patrons will also utilize the adjacent parking lot containing twenty - nine (29) parking spaces, thereby avoiding parking in the adjacent residential area. Corona del Mar serves a larger number of pedestrians and bicyclists, which justifies a reduction in the off - street parking requirement. The location of the outdoor patio expansion does not hinder pedestrian movement along East Coast Highway. 5. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities. Facts in support of finding: • The lot is approximately 10,000 square feet in area, and is developed with .a multi- tenant building and surface parking lot containing 13 parking spaces. The existing building and parking lot have functioned satisfactorily with the current configuration. • The site is located adjacent to a parking lot that is not utilized during the day and it is available for patrons of the use. • The proposed project includes a use permit for a parking waiver to reduce the requirement for fifteen (15) off - street parking spaces and will not negatively affect emergency access. The lot is a corner lot and each suite has multiple doors for ingress and egress. The subject lot is surrounded on three sides by public streets and a public alley. • The Public Works Department has reviewed and does not have any objection to this application. When Use Permit No. 2009 -035 was originally reviewed, the Utilities, Building, and Fire Departments reviewed the application and also had no objections to the project. The project is required to obtain all applicable permits Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 7 from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. • The on -site parking lot is deficient parking spaces based on the size of the existing building and use of the tenant suites. However, the existing condition has not been detrimental to the community and adequate parking has been available for the uses in the area. 6. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in support of finding: • No dancing, live entertainment, or pool tables are allowed on the premises. The employees and patrons of the restaurant have access to the off -site parking lot located on the other side of the alley until 5:00 p.m., daily. The parking survey demonstrated that the on -site parking lot is seldom at capacity. The Walker Parking Consultants Parking Study that analyzed the parking situation in Corona del Mar demonstrates that this area has an adequate supply of off - street parking for the current land uses. • The hours of operation of the facility of 5:00 a.m. to 8:00 p.m., daily, will limit any late -night noise impacts on the neighboring residential uses. • The conditions imposed on the use will reduce possible detriment to the community by ensuring continued consistency with the intent and purpose of the Municipal Code. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of CEQA Guidelines under Section 15301 Class 1 (Existing Facilities), which exempts the operation of existing facilities involving negligible or no expansion of use. 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. Rose Bakery Cafe Parking Management Plan (PA2010 -103) December 9, 2010 Page 8 Prepared by: Submitted by: 41 �� CE,� L-"Iq Fen Ku &o, Assistant Planner JaLhes W. Campbell, Acting Planning Director ATTACHMENTS PC 1 Draft Resolution PC 2 Resolution No. 1802 PC 3 Parking Management Plan PC 4 Authorization letter from Landmark Steakhouse Restaurant PC 5 Parking Survey Results PC 6 Project plans F: \Users\PLN \Shared\PA's1PAs - 20101PA2010- 103 \PA2010 -103 rpt.docx Tmplt: 11/23/09 Attachment No. PC 1 Draft Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1 TO USE PERMIT NO. UP2009 -035 FOR A PARKING WAIVER AND AN INCREASE IN THE HOURS OF OPERATION FOR PROPERTY LOCATED AT 3536 EAST COAST HIGHWAY (PA2010 -103) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rose Bakery Cafe, with respect to property located at 3536 East Coast Highway, and legally described as Lots 4 and 5, Block U, Tract 0323, requesting approval of a use permit for a parking waiver. 2. The applicant proposes a use permit amendment for a parking waiver of fifteen (15) parking spaces that were required with the restaurant expansion approved with Use Permit No. UP2009 -035. The applicant also proposes to increase the hours of operation by one hour. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 9, 2010, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 includes the operation of existing facilities involving negligible or no expansion of use. The application does not include any changes in use or physical changes to the property. The parking does not negatively affect the traffic or circulation in the area based on the number of pedestrian customers and the use of the off -site parking lot. Planning Commission Resolution No. Pape 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The existing restaurant is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The restaurant is consistent with this designation. The existing restaurant is designed and oriented to serve residents and visitors in the area and patrons do walk or bicycle to the restaurant. A -2. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The existing restaurant is located in the Corridor Commercial (CC) Zoning District, which is intended to provide for areas appropriate for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Restaurants are retail and service uses and are permitted within this Zoning District subject to the approval of a use permit. B -2. The parking waiver is necessary to satisfy the Zoning Code - required parking spaces for the previously approved expanded use. The use permit approval is consistent with Chapter 20.40 (Off- Street Parking) of the Zoning Code regarding the waiver of the requirement for fifteen (15) parking spaces in conjunction with the Parking Management Plan. B -3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) in regards to the operating standards. The Use Permit contains conditions to maintain the requirements of Section 20.48.090, including conditions regarding storage, outdoor dining, and queuing of patrons. Planning Commission Resolution No. Page 3 of 8 Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby on Orchid Avenue. The project is similar to and compatible with other neighborhood - serving retail and service uses located on East Coast Highway. The size of the building and subject suite is comparable to buildings in the Corona del Mar area. C -2. The operational characteristics are that of a bakery and restaurant, and the hours of operation of the establishment are restricted and the use cannot operate as a bar or nightclub. The restaurant serves residents, visitors, and employees in the area. C -3. The subject site contains thirteen (13) parking spaces and the restaurant employees and patrons will also utilize the adjacent parking lot containing twenty -nine (29) parking spaces, thereby avoiding parking in the adjacent residential area. Corona del Mar serves a larger number of pedestrians and bicyclists, which justifies a reduction in the off - street parking requirement. The location of the outdoor patio expansion does not hinder pedestrian movement along East Coast Highway. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The lot is approximately 10,000 square feet in area, and is developed with a multi - tenant building and surface parking lot containing 13 parking spaces. The existing building and parking lot have functioned satisfactorily with the current configuration. D -2. The site is located adjacent to a parking lot that is not utilized during the day and it is available for patrons of the use. D -3. The proposed project includes a use permit for a parking waiver to reduce the requirement for fifteen (15) off - street parking spaces and will not negatively affect emergency access. The lot is a corner lot and each suite has multiple doors for ingress and egress. The subject lot is surrounded on three sides by public streets and a public alley. D -4. The Public Works Department has reviewed and does not have any objection to this application. When Use Permit No. 2009 -035 was originally reviewed, the Utilities, Planning Commission Resolution No. _ Page 4 of 8 Building, and Fire Departments reviewed the application and also had no objections to the project. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. D -5. The on -site parking lot is deficient parking spaces based on the size of the existing building and use of the tenant suites. However, the existing condition has not been detrimental to the community and adequate parking has been available for the uses in the area. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. No dancing, live entertainment, or pool tables are allowed on the premises. The employees and patrons of the restaurant have access to the off -site parking lot located on the other side of the alley until 5:00 p.m., daily. The parking survey demonstrated that the on -site parking lot is seldom at capacity. The Walker Parking Consultants Parking Study that analyzed the parking situation in Corona del Mar demonstrates that this area has an adequate supply of off - street parking for the current land uses. E -2. The hours of operation of the facility of 5:00 a.m. to 8:00 p.m., daily, will limit any late - night noise impacts on the neighboring residential uses. E -3. The conditions imposed on the use will reduce possible detriment to the community by ensuring continued consistency with the intent and purpose of the Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Amendment 1 Use Permit No. UP2009 -035, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Planning Director's Use Permit No. 29, which upon vesting of the rights authorized by this approval, shall become null and void. Planning Commission Resolution No. PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER, 2010. AYES: NOES: ABSTAIN: ABSENT: BY: MR Earl McDaniel, Chairman Michael Toerge, Secretary 1.1 Planning Commission Resolution No. Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval: (Except as modified by applicable conditions of approval.) 2. The conditions of approval from this Resolution herein replace and supersede the previous conditions of approval from Planning Commission Resolution No. 1802, dated January 12, 2010, upon implementation of this amendment. 3. All applicable conditions of approval of Accessory Outdoor Dining Permit No. 60 shall apply and remain in force. Planning Director's Use Permit No. 29 is null and void. 4. This use permit is subject to the approved Parking Management Program, which can be modified by the Planning Director or Planning Commission. 5. The Use Permit shall be reviewed by the Planning Commission one year after the conclusion of the appeal period. 6. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all- weather enclosure. 7. The queuing of patrons shall be managed to allow pedestrian passage on the sidewalk. 8. The parking lot shall be restriped according to the approved plans from this Use Permit dated July 16, 2010. 9. Deliveries, refuse collection, and grease trap clean out for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. No outside paging system shall be utilized in conjunction with this establishment. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. Planning Commission Resolution No. Pace 7 of 8 13. 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. 14. 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). 15. 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. 16. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 17. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. 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. 20. 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. 21. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which Between the hours of 7:OOAM and 10:00PM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial ro ert 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA . 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 17. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. 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. 20. 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. 21. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which Planning Commission Resolution No. _ Page 8 of 8 it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 22. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 23. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. The construction plans must meet all requirements for the restroom facilities. 24. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 25. Should the property 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 business owner, property owner or the leasing agent. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Rose Bakery Cafe Parking Management Plan including, but not limited to, Amendment No. 1 to Use Permit No. UP2009 -035 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 27. Amendment No. 1 to Use Permit No. UP2009 -035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. Tmpil: 04/14/10 Attachment No. PC 2 Resolution No. 1802 RESOLUTION NO, 1802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO, UP2009 -035 FOR A FULL SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT LOCATED AT 3536 EAST COAST HIGHWAY AND OFF - STREET PARKING AGREEMENT NO. OP2010 -001 LOCATED AT 409 ORCHID AVENUE (PA2009- 148) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Shawn Lim, with respect to property located at 3536 East Coast Highway, and legally described as Lot 4, Block U and Tract 323 requesting approval of a Use Permit and an Off - Street Parking Permit. The application consists of a use permit that would supersede Planning Director's Use Permit No. 29 and allows for the following: 1) Change the restaurant land use classification from full- service, small-scale to full- service, high- turnover; and 2) Enlarge the outdoor dining area. The application also includes an off -site parking agreement for 15 parking spaces at a property located at 409 Orchid Avenue, which is necessary to satisfy the code - required parking for the expanded use. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is [Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 4, 2010 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The project consists of expanding an outdoor dining area for an existing eating and drinking establishment and only minor modifications are being made. Planning Commission Resolution No. 1802 Paqe 2 of 9 SECTION 3. REQUIRED FINDINGS In accordance with Section 20.66.080 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the off -site parking agreement: Finding: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Findin A -1, The subject off -site parking lot is located directly across the alley from the subject restaurant and is within walking distance (approximately 50 feet) from restaurant. Therefore, staff finds that the parking lot can be useful in connection with the proposed use. Finding: B, Parking on such lot will not create undue tragic hazards in the surrounding area. Facts in Support of Finding: B -1. The Public Works Department has confirmed that over the past three years, no traffic accidents have been reported in the surrounding area as a result of parking at the project site or the subject off -site parking lot. Furthermore, no undue traffic hazards are expected in the future by allowing parking for the proposed use. Finding: C. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding, C -1. The applicant shall submit documentation of a parking agreement between the property owner and the restaurant owner for use of the parking lot. The final off -site parking agreement will be recorded at the County stating 15 parking spaces at the subject parking lot will be available to the owner of the subject restaurant from 5:00 a.m. to 7:00 p.m. If the required off -site parking is not provided, the restaurant owner would need to return the outdoor- dining area back to 75 square feet, which was approved per Outdoor Dining Permit No. 60, because the expanded area would not have the required number of parking spaces. Tmpll 0111400 Planning Commission Resolution No. 1802 Paae 3 of 9 In accordance with Section 20.91.035 the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the Use Permit: Finding: D. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: D -1. The existing restaurant is located in the (Retail Service Commercial) RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use, and are permitted within this designation subject to the approval of a use permit. Finding: E. 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 of 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 Support of Finding: E -1 The existing restaurant is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant expansion is consistent with this designation. The proposed outdoor dining expansion would not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing in the neighborhood or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager approval. • The conditions included in the attached resolution ensure that zoning code - required parking will be provided for the expanded use. Tmpll 04/14110 Planning Commission Resolution No. 1802 Page 4 of 9 Finding F. 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: F -1 Restaurants are permitted in the RSC Zoning District, subject to the approval of a use permit. The off -site parking agreement is necessary to satisfy the zoning code - required number of parking spaces for the expanded use. Finding: G. ff 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 20.91 and conforms to all requirements of that Chapter. Facts in Support of Finding: G -1 The restaurant is not located in a residential district; therefore, this finding does not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Application No.PA2009 -148, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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, 3. This resolution supersedes Planning Director's Use Permit No. 29, which upon vesting of the rights authorized by this approval, shall become null and void. TmpII: Oti 11. 10 Planning Commission Resolution No. 1802 Paqe 5 of 9 PASSED, APPROVED AND ADOPTED THIS 4th DAY OF MARCH, 2010, AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None 8Y: Robert Hawkins. Chairman Ely- --k ++ Charles Unsworth, Secretary Tmplt: 01M.1110 Planning Commission Resolution No, 1802 Pa e 6 of 9 EXHIBIT "A" Conditlons.of Approval Project Specific Conditions in Italics A total of 15 parking spaces shall be maintained at the off -site parking lot located at 409 Orchid Avenue for the tenants and customers of the building located at 3536 East Coast Highway during business hours. 2. The hours of operation for the eating and drinking establishment shall be limited between hours of 5 :00 a.m. to 7:00 p.m., daily. 3. The final off -site parking shall be prepared by the applicant for approval by the City Attorney if deemed consistent with the intent of this condition. The final oft -site parking agreement shall be recorded on both properties (3536 East Coast Highway and 409 Orchid Avenue). The applicant shall provide proof of recordation of the off-site parking agreement,.subject to the Planning Director's approval. The owner or operator of the business that uses the approved off -site spaces at 409 Orchid Avenue to satisfy the parking requirements of the Zoning Code shall immediately notify the Planning Director of any change of ownership or use of the property where the spaces are located, or of any change in the agreement between the parties, 5. Upon notification that the off -site parking agreement has terminated, the Planning Director shall establish a reasonable time in which one of the following shall occur: • Substitute parking is provided that is acceptable to the Planning Director; or • The size or capacity of the use subject to this use permit is reduced in proportion to the parking spaces lost. 6. All applicable conditions of approval of Accessory Outdoor Dining Pennit No. 60 shall apply and remain in force. 7. The applicant shall require all employees to park within the approved off -site parking lot location. 8. Deliveries, refuse collection and grease trap clean out for the facility shall be prohibited between the hours of 10 :00 p.m, and 7 :00 a.m.. unless othertivise approved by the Planning Director, and may require an amendment to this Use Permit. 9. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, (Except as modified by applicable conditions of approval.) Tmpll: OU74110 Planning Commission Resolution No. 1802 Page 7 of 9 10. Use Permit No. 2009 -035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 11, The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may cause for revocation of this Use Permit, 13. 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. 14. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 15. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 16. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 17. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Tmp!t 01/14/10 Planning Commission Resolution No. 1802 8 of 9 I Location Between the hours of 7:00AN1 and'r0:00PM _ Interior— _ Exterior Between the hours of 10:OOPM and 7A0AM_ inferior _ uExterior� Residential Property 45dBA 55dBA 40dBA 0dBA Residential Property located within 100 feet of a comercial�ropert m 45dBA 60dBA 45dBA 50dBA I Mixed Use Property 45dBA 60dBA 45dBA 50dBA I Commercial Properly NIA 65d BA w N/A _ 60dBA 19. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 20. Should the property 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 business owner, property owner or the leasing agent. 21. No outside paging system shall be utilized in conjunction with this establishment. 22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 23. 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. 24. 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)- 25. 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. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport beach Municipal Code to require such permits. Tmpll O V 14/10 Planning Commission Resolution No. 1802 page 5 of 9 27. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Tmpll 01/14/10 Attachment No. PC 3 Parking Management Plan Parking Management Plan (PA2010 -103) 3536 East Coast Highway Rose Bakery Cafe December 9, 2010 The following Parking Management Plan is provided pursuant to Section 20.40.110 (Adjustments to Off - Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with a waiver of fifteen (15) off - street parking spaces as required by Chapter 20.40 of the Zoning Code: Off -Site Parking • 29 off -site parking spaces shall be provided at 409 Orchid Avenue. • The property owner or lessee of 409 Orchid Avenue may terminate this arrangement at any time. • The establishment's use of these spaces shall no longer be valid if the lessee at 3520 East Coast Highway expands their operation hours to open prior to 5:00 p. M. • Should the off -site parking spaces become no longer available for use by the subject restaurant, the Planning Director or Planning Commission may request a review of Use Permit No. UP2009 -035. • Employees who drive to work shall park at 409 Orchid Avenue until 5:00 p.m. • The owner or operator shall immediately notify the Planning Director of any change of ownership or use of the property at 409 Orchid Avenue, or of any change in the agreement between the parties. • Upon notification that the off -site parking spaces are no longer available, the Planning Director shall establish a reasonable time in which one of the following shall occur: ■ Substitute parking is provided that is acceptable to the Planning Director; or ■ The size or capacity of the use subject to this use permit is reduced in proportion to the parking spaces lost. Attachment No. PC 4 Authorization letter from Landmark Steakhouse Restaurant NOV -12 -2006 15:10 FROM: September 24, 2010 Russell Bunlm Assistant Planner, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Rose Bakery Cafd Parking Dear Mr. Runim T0:79e0511 P.1 /1 RECEIVED BY PLANNING DEPARTMENT SEP 3 0 2010 CITY OF NEWPORT BEACH I am the owner of the Landmark Steakhouse Restaurant located at 3520 But Coast Highway in Corona del Mar. I lease the building for my restaurant and the parking lot at 409 Orchid Avenue from Mr. Walter Boice, The Landmark Steakhouse Restaurant is open for dinner and therefore the parking spaces at the 409 Orchid Avenue lot are not needed during the daytime hours, Please accept this letter as my consent to ullow Shawn Lim, the owner of the Rose Bakery C,66, to have his customers and employees park in the 409 Orchid Avenue parking lot during the daytime hours daily. My permission to allow Rose Bakery Cafd to utilizd the 409 Orchid Avenue parking lot during the daytime hours will not interfere with the operation or parking needs for Landmark Steakhouse Restaurant and will not violate the terms of my lease with Mr. Walter Buice. ce: Shawn Lim QIWIO 101931 #99409 V1 Very truly yours, Mario Marovic Attachment No. PC 5 Parking Survey Results Parking Survey � NMI Off-Site ' Average number uf cars =Z1, percent full =7]Y6 Numbers reflect the number of cars parked in each parking lot. lZ spaces onsite Z9 spaces off site Attachment No. PC 6 Project plans Orchid Avenue r T -1 r -I -- e - 5xUl1n9 street rerkic2 Exterior 9xielkp �erkmeV wunw.rsea,. - <m5•�lb°•.•c Seating CxIrtN85!deye;k mfvr enova-brb mb) Layout b O L.nd.G N O �W . re 0 ,a On e4e lGrkN2 apecse , c 4 1 W Iy.rr eA,b4 f' %N L°Mecepin2 ,9 , ' ° Permit I-- ------- d---------- - - - -'A -- 0 14 251 d , E m d Application Y I a t6 d6 86 x cc ti erG P4 s a 9 15 d x.K� s eeunex. ` r.o' _ +x N b 0 ---`e --___4 5 Iu's f,, Revisions G� Of I r i d _______ ___ 0 eeaher, r/%� TY I a I � { b 0 011 2W Oft site r°rkl n spaces Unit C A,'. 9t Oef e � A J 6t L> V' O} 6 — Its b 4 � � Q Gt2,ellMwNOg tW ntu, A J 3 w to ° 4 0 8 d Treel a b Subject Site w/ l a 2 I m + Unit D j Existing One Rose Bakery + 2 0 Story Building r 201 b Unit B Cafe 10 22 m nit A O J 0 11 29 I THtiN er+tsx,a. ernt�rw< na 39I ^�•- I 3536 Coast I 12 39 1 , Highway #C ------- ------------- Newport Alley 1 Beach, Ca I i I —-- - - - - -- I Voh 22 21 I Areas j 0 20 Unit A Nail Salon 500 sf i Unit B Pizza 961 sF it n j Unit C Rose Bakery Cafe 1265 sf t Unit D Cleaner 1063 sf ' Common & Utility 586 sf I Total 4375 sic Site Plan 9 i I I I 4 16 I I ' I p /4 l 61tb I 3f32" a 7'-0' I 9 11—a I job no. o 1 12 I date 02 -24 -10 I I I Sheet a 1 I I 10 I W I _ Of PA2010 -103 for Amendment No. 1 to UP2009 -035 3536 East Coast Highway Rose Bakery Cafe ++• -6W I= -U+I{• iC-l+@' ' Exterior r% Isq.. Seating Layout a! Flo r A ea of Bu Permit ❑ ' - ; Application , pxlstNg m J—� ❑ I Unit c Rose Bake Cafe lxlelNgGOU Revisions f•npvRion C %hung Kllcten Rose Bakery Unit D Cleaners Cafe s � 5 s g F Unit B Pizza Z 3536 Coast Highway #C Newport Beach, Ca 1 \ OxhtN9 robot Ne➢ ` \\ i FH f 1 Unit A. Salon Exielln91WNC lxielNgPWlic ReetrooM ReetrooM t. Floor Plan ! t job no. 0 date 02 -24 -10 Sheet 2 of n SVeet Etevatlon- PadAC Coast Hbhxav MUNI94 Exterior Seating Layout Permit Application Rose Bakery Cafe 3536 Coast Highway #C Newport Beach, Ca Exterior Elevations job no. O date 02 -24 -10 Sheet of 3