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HomeMy WebLinkAbout3 thirty 3_ OD2007-001_333 bayside dr (PA2007-004)• CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 June 21, 2007 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport - beach.ca.us SUBJECT: Accessory Outdoor Dining Permit No. 2007 -001 333 Bayside Drive (PA2007 -004) APPLICANT NAME: Jeff Reuter for 333 Bayside, LLC. As directed by the Planning Commission at the June 7th meeting, attached is the draft resolution of approval for the proposed Accessory Outdoor Dining Permit to allow the construction and operation of a 636 square -foot outdoor dining area in conjunction with 3- Thirty -3 Waterfront Restaurant. The draft resolution includes conditions pertaining to the hours of operation of the outdoor dining area, a seating limitation, a valet parking plan requirement and the provision of glass partition under the deck area (outdoor dining area). Prepared by: Submitted by: c R salinh Ung, Ass" i to Planner D vid Lepo, P ing Director Exhibits: 1. Draft Resolution No. 2007- • • RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001 FOR CONSTRUCTION AND OPERATION OF A 555- SQUARE FOOT OUTDOOR DINING AREA ON PROPERTY LOCATED AT 333 BAYSIDE DRIVE (PA2007 -004) WHEREAS, an application was filed by Jeff Reuter with respect to property located at 333 Bayside Drive, and legally described as Lots A & B of Parcel Map Book 6 Page 10 (Revised #249) and Portion of Lot 1 Tract 5361, requesting approval of an Accessory Outdoor Dining Permit to allow the construction and operation of a 636 square -foot outdoor dining area in conjunction with the existing full - service restaurant; and WHEREAS, on June 7 and June 21, 2007, 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, the Planning Commission makes the following findings required for • approval of an Accessory Outdoor Dining Permit pursuant to Section 20.82.050 (B) of the Zoning Code: 1. Finding: That the proposed outdoor dining is accessory to the eating and drinking establishment. Facts in Support of Finding: The proposed outdoor dining area is accessory to the existing 2,538 square -foot restaurant and is proposed to have a floor area of 636 square feet which is 25% of the existing restaurant consistent with Municipal Code Section 20.82.050 (A) that limits accessory outdoor dining areas to 25 percent of the existing restaurants interior 2,538 square -foot net public area, or 1,000 square feet, whichever is less. 2. Finding: The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Facts in Support of Finding: • The use is accessory to the existing restaurant use, subject to all the findings and conditions of approval of Use Permit No. 3325 and its • amendments, except as limited by this approval and is not an independent use. 15 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 7 • The proposed outdoor dining area subject to conditions of approval which include limitation on hours of operation, limitations on seating, partial enclosure of the under -patio smoking area, and relocation of other existing outdoor smoking areas to the front of the subject building will minimize the transmittal of sound to nearby residential uses thereby reducing the potential noise impacts to the nearby residential uses. • The operation of the proposed development will minimally increase the outdoor noise level in the immediate vicinity. The noise study performed by the independent consultant shows that audible noise will be generated by the proposed outdoor dining area; however, reduction in the number of seats from 45 to 37 on the proposed outdoor patio, limitation of hours of food and /or drink service on the proposed patio to between the hours of 8:00 AM and 9:00 PM with all use and occupancy of the proposed patio to cease by 9:30 PM, and the requirement of a full- height wall /noise barrier with locking windows to be closed at 7:00 PM which barrier shall be constructed consistent with plans accompanying the project application. 3. Finding: That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Facts in Support of Finding: The proposed outdoor dining area will be located behind the existing building, overlooking the waterway, and thereby will not result in a • reduction of the existing parking spaces located in the front of the building. Furthermore, Section 20.82.050 (A) does not require additional parking for accessory outdoor dining areas. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act. WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Accessory Outdoor Dining Permit No. 2007 -001, 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 a City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 • in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2007. AYES: NOES: BY: Jeffrey Cole, Chairman • BY: Robert Hawkins, Secretary • 6 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 7 EXHIBIT "A" • CONDITIONS OF APPROVAL ACCESSORY OUTDOOR DINING PERMIT NO. 2007-001 Conditions in bold-italics are project specific conditions. All others are standards conditions. Planning Department 1. The development shall be in substantial conformance with the site plan and floor plan included with the application for approval of the accessory outdoor dining, except as noted in the following conditions. 2. The outdoor dining area shall be used in conjunction with the existing full - service restaurant No special events, promotional activities, private functions or private parties shall be allowed within the outdoor dining area. 3. The outdoor dining area shall be limited to 636 sq. ft 4. The outdoor dining area shall be limited to a maximum of 37 seats, including handicap seats/table space. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and the use of elevated counters and barstools is prohibited. 5. The outdoor dining area shall be provided with a full - height combination wall and window assembly consistent with plans submitted with this application for accessory outdoor dining and such assembly shall extend from the floor of the deck to the height of the underside of the existing roof and shall extend along the full length of the westerly side (overlooking the Bay) and southerly sides of the outdoor dining area. If constructed of glass or Plexiglas -type material, the partition shall be of solid construction, except that operable type windows shall be allowed The windows shall be closed and locked from 7:00 p.m. to 8:00 a.m. The final window design and tamper- proof locking mechanism shall be subject to the approval of Planning Director and shall be maintained in good working order. 6. The hours of operation of the outdoor dining area are limited to between the hours of 8 :00 a.m. to 9 :30 p.m., daily. Table service shall stop at 9.00 p.m. and all use of the outdoor dining area shall cease by 9.30 p.m., with the exception of clean up activities by the employees. The outdoor dining area shall be closed and not occupied after 9.30 p.m. The interior restaurant operation shall be governed by the hours specified in conjunction with the approval of Use Permit No. 3325 and its amendments. • 011 City of Newport Beach Planning Commission Resolution No. _ Page 5 of 7 • 7. Prior to occupancy or use of the outdoor dining area, the applicant shall install a full height, solid glass or Plexiglas wall1screen partition on or near the bulkhead that extends from the bottom (underside) of the proposed dining deck to the ground. The design of the waii/partidon and the method of installation shall be reviewed and approved by the Planning Director. The configuration of the area below the dining deck shall be in accordance with the approved floor plan that shows only a walkway and landscape area. 8. The applicant shall submit a parking and on -site circulation plan consistent with the conditions of approval of the use permit previously granted for operation of the indoor restaurant and as referenced in Condition 23, below. The parking plan shall include location of valet parking pick -up and drop -off area that is located so as to be shielded from nearby residences on Linda Isle by the subject restaurant building so to minimize the transmission of noise to Linda Isle to the maximum extent feasible. The parking plan shall include a waiting/queuing area for guests dropping off or picking up automobiles from valet parking and a designated smoking area for patrons of the restaurant. 9. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the State Department of Alcoholic Beverage Control are first obtained. Any substantial physical • changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit 10. All applicable conditions of approval of Use Permit No. 3325 and its amendments shall remain in force. 11. The noise generated by the outdoor dining activity shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: • i Measured at the property line of commercially zoned property: Measured at the property line of residentially zoned property, City of Newport Beach Planning Commission Resolution No. _ Page 6 of 7 Between the hours of Between the hours 7.00 a.m. and 10:00 of 10:00 p.m. and O.M. 7:00 a.m. 65 dBA 55 dBA i 50 dBA 12. The applicant shall retain a qualified engineer specializing in nolse/acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, N required by the Planning Director. 13. No amplified music or entertainment is permitted in the outdoor dining area. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area. 14. The proprietor shall actively control any noise generated by the patrons of the facility. 15. Light sources within the outdoor dining areas and the parking lot shall be designed or altered to eliminate light and glare spillage onto adjacent properties or uses. Prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed and directed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 16. Trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area or the area shall be actively bused to minimize the potential for trash to fall into the Bay or elsewhere on the subject property. • • 17. Roof coverings over the outdoor dining area shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an • amendment to this permit or an amendment to Use Permit No. 3325. 0 City of Newport Beach Planning Commission Resolution No. _ Page 7 of 7 • 18. This approval and operations and use of the outdoor patio shall be subject to periodic review by the Planning Department to determine compliance with the conditions of approval and to determine the effectiveness of the conditions of approval to prevent or mitigate noise impacts or problems. 19. The Planning Department may add to or modify conditions of approval to this outdoor dining permit, or revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Director may also revoke of this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 20. This approval shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. Public Works Department 21. The area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to providing • periodic steam cleaning of the public sidewalks as required by the Public Works Department. 22. All on -site runoff generated (including rainfall runoff) within the outdoor dining area shall be plumbed for discharge into the existing on -site sanitary sewer system. City (Public Works Department, Code Enforcement and Water Quality Division and Utilities Department) approval of such discharge system is required. The washing of the deck surface with any cleaning solutions or the use of high pressure or steam cleaning devices is prohibited. 23. The applicant shall submit a valet parking plan to the Public Works Department that shows the parking, valet station and pick up and drop off area shall be reviewed to determine compliance with the provisions of Condition of Approval No. 4 of Use Permit No. 3325 as approved by the Planning Commission on September 22, 1988. Buildina Department 24. 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. U 0