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HomeMy WebLinkAboutThai Del Mar Restaurant (PA2003-002)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 February 20, 2003 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez city.newport- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small - scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit. The subject property is located in the Retail and Service Commercial (RSC) Zoning District. APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong ISSUE: Should the Planning Commission approve a request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small -scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit? RECOMMENDATION: Staff recommends the Planning Commission hold a public hearing and approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached draft Planning Commission Resolution. DISCUSSION: Site /Protect Overview: Thai Del Mar is an existing eating and drinking establishment located on the easterly side of East Coast Highway between Femleaf Avenue and Goldenrod Avenue in Corona Del Mar. The applicant requests to amend Condition No. 10 of Use Permit No. 3153, which prohibits customer seating. This application was submitted as a result of a Thai Del Mar Restaurant February 20, 2003 Page 2 „I 411 q gp,Jq'ill pu y` Mill j I fq fl'�,i „I '' r is ii ,v JJI PI 'i I', ,i! !!! Ita� lIl(I llil�l 1 I it llrl 111 1 �� 'Ill 1 I�I Illlii,'illi it r I, II f i r f i ' II Ili II ��i II �e rll l 'il_I i II' il' it Ifll +�� I , u' Subject Property !mi.rld JIICI ICI) T"I!, I l �1�J 'till hlli Ii ip •4'�i Il��fl it Ili IIII IIII � a�J, i�l,l i +111 iil',II '! Gf ,I +I ;I; ; ij i4ll,l , it Illlyp, J' 'IUI ''I, ,'il' lll�ll i+ ,t llf' o IIII a �li�fi "I ilhl 11 ,l i, 71 l47 : , I ' r, ''.Illli 0�0�4.00 Feet � C � N � TY M A w. E ,� S THAI DEL MAR, 3754 EAST COAST HIGHWAY PA2003 -002 Current Develo ment: Small scale Antinq and drinkin establishment To the north: Retail and Service Commercial To the east: Residential across Goldenrod Avenue To the south: Retail and Service Commercial To the west: Retail and Service Commercial across Coast Highway) Thai Del Mar Restaurant February 20, 2003 Page 3 code enforcement investigation that found customer seating and table service being made available to restaurant patrons. The restaurant occupies approximately 600 square feet with approximately 184 square feet of net public area (dining, waiting) 99 square feet of casher /counter space and 317 square feet of kitchen, storage and restroom space. The applicant is proposing to authorize the existing fifteen (15) seats and six (6) tables to allow sit down dining. However, take out orders for pick up by customers will also be offered. The existing hours of operation are 11:00 a.m. to 10:00 p.m. daily, although, the existing use permit allows the hours of operation to be 7:00 a.m. to midnight daily. No on -site parking is available and no off -site parking agreement currently exists. The applicant states that they have been operating with fifteen seats since opening Thai Del Mar in 1997. No alcoholic beverage service is presently authorized or proposed. Background: The Planning Commission approved Use Permit No. 3153 on June 20, 1985 permitting the establishment of a take -out restaurant/delicatessen (Mucho Munchies). The approval included conditions that waived the required fifteen (15) parking spaces and prohibited customer seating. An adjacent business owner subsequently appealed that decision to the City Council who, on August 12, 1985, upheld the decision of the Planning Commission. The following conditions most pertinent to this application were included in that original approval: Condition No. 5: That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. Condition No. 10 That no customer seating shall be permitted in the facility unless an amended use permit is approved. Analysis: The addition of fifteen seats changes the use classification from take -out to a full - service, small -scale restaurant with sit down dining and table service and ancillary take- out service. General Plan/Zoning Code The City's General Plan designates the site as Retail and Service Commercial (RSC). Eating and drinking establishments are a permitted use within the RSC General Plan land use category. Therefore, the applicant's request is consistent with the General Plan. Thai Del Mar Restaurant February 20, 2003 Page 4 The subject property is located within the Retail and Service Commercial Zoning District which requires that full - service, small scale eating and drinking establishments obtain approval of a use permit issued by the Planning Director. However, since this request is for an amendment to an existing use permit approved by the Planning Commission, the amendment request must be considered by the Planning Commission. Hours of Operation Condition No. 6 of Use Permit No. 3153 allows the establishment to be open between the hours of 7:00 a.m. and midnight daily. Currently, Thai Del Mar's hours of operation are 11:00 a.m. to 10:00 p.m. daily. Given the proximity to the residential neighborhood and that the use permit runs with the property, staff believes that the permitted hours of operation should be amended to reflect the existing hours of operation (11:00 a.m. to 10:00 p.m. daily) which will permit this or any future restaurant to operate during the lunch and dinner hours only. Parking The original approval of Use Permit No. 3153 included a parking waiver for all fifteen parking spaces required by the Zoning Code regulations in effect at that time. The required parking was based on a take out restaurant use. The current Zoning Code requires the following number of parking spaces be provided: Take out Service: 1 per 50 sq. ft.; plus one for each employee on duty Full Service, small scale: 1 per each 3 seats or 1 per each 75 sq.ft. of net public area General Retail: 1 per each 250 square feet Given these regulations, the number of parking spaces for the approved take out use required by the current Zoning Code is fifteen spaces. The required parking for the proposed full - service, small -scale restaurant is three or five spaces depending on whether the per seat or net public area ratio is used. Considering the number of proposed seats and walk -in customers the actual parking demand is probably closer to the three to five space requirement for the full - service, small -scale use classification than to the fifteen space take -out requirement. Although take -out food orders will remain a component with this restaurant, as it is with many restaurants offering table service, the primary impact of the change in use is that a few patrons will linger longer, thus reducing the turnover of parking spaces of those patrons who drove to the establishment. By comparison, a general retail use would require three parking spaces at this location. However, general retail is permitted by right and a new retail establishment could move in to this location without approval of a parking waiver. Since the change in use classification does not increase the parking requirements, the addition of seating should not create a significant parking problem in the area. Based on Thai Del Mar Restaurant February 20, 2003 Page 5 the Title 20 parking requirements and the existing land uses in the vicinity where non- conforming parking is common, staff believes that the parking waiver should remain ineffect for the new three to five space requirement. Building Department Requirements Should the request to permit customer seating be approved, the Building Department has indicated that a unisex bathroom located directly adjacent to the dining room must be provided. Although the existing restroom in the rear of the structure is available for use by patrons, it does not satisfy applicable requirements. A condition of approval (No. 16) addressing this requirement has been included in the draft resolution. This requirement will likely require significant changes to the floor plan, which has yet to be redesigned. Condition No. 7 of the original approval required grease interceptors to be installed on all fixtures in the restaurant where grease may be introduced into the drainage system. A review of building permits and discussions with the applicant found no evidence that this condition was ever satisfied. Therefore, a revised condition has been included requiring grease interceptors or traps be installed within 60 days of approval of the amended use permit. Other Condition of Approval Amendments After a review of the existing conditions of approval, staff is recommending the deletion of one condition and re- wording of others. Condition No. 3 requires that a trash compactor be installed which was either never installed or installed and subsequently removed. Staff believes that Condition No. 2 requiring all trash to be stored inside is sufficient to control refuse storage and accumulation. Additionally, staff has revised several other conditions to reflect the change of use from take -out to full - service, small - scale, and changes in referenced code sections and updated condition language. Please note that due to the deletion of the original Condition No. 3, the numerical sequence of the new conditions of approval has been slightly altered. Environmental Review: This project has been reviewed and it has been determined that since the construction associated with the proposed use is limited to minor interior alterations only, it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Thai Del Mar Restaurant February 20, 2003 Page 6 Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives 1. The Commission may determine that the requested changes to the original Use Permit would adversely impact the area by contributing to the on -going parking problem in which case, it would be necessary to deny the amendment. 2. The Commission also has the option to approve a modified project, in which case staff requests that the Commission offer revised findings and conditions of approval. CONCLUSION: In summary, staff believes that the operational change from a take -out restaurant to a full - service small -scale restaurant as proposed by the applicant is a reasonable request and is acceptable for this location. The entire Corona Del Mar commercial area is under - parked, consequently any use, including those permitted by right, going into this particular location will contribute to that deficiency. The draft resolution has been conditioned to limit the number of seats and hours of operation in order to help mitigate the on -going parking problem and land use conflicts in the vicinity. Prepared by: Gregg B. Ramirez, Associa Planner Attachments: Submitted by: Patricia L. Temple, Pla ning Director A. Draft Planning Commission Resolution No._ including findings and conditions of approval B. Excerpt of Planning Commission minutes (including conditions of approval) from the June 20, 1985 hearing B. Applicant's letter C. Project Plans ATTACHMENT A RESOLUTION NO. 2003 -_, FINDINGS AND CONDITIONS OF APPROVAL ki RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3153 (PA2003 -002) FOR PROPERTY LOCATED AT 2745 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Pat and Chamas Khantong with respect to property located at 2745 East Coast Highway, and legally described as Lot 15 of East Newport, Block 3, requesting approval of an amendment to Use Permit No. 3153 that would authorize the establishment of a full service, small scale eating and drinking establishment with customer seating. The site is designated Retail and Service Commercial by both the General Plan Land Use Element and the Zoning Code. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The location for the proposed project requiring this amended Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) 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 amended Use Permit pertains to the conversion of the approved establishment from a take -out restaurant with no seating to a full - service, small -scale eating and drinking establishment with customer seating within an existing building zoned for this activity. The change in use does decrease parking requirements and will have a negligible impact on parking demand due to the fact that dining patrons will tend to stay for a longer period of time than take out patrons. Additionally, the hours of operation have been limited to the lunch and dinner meal periods and service of alcohol is not proposed. 2. The operational characteristics of the proposed use, including the introduction of customer seating and the hours of operation are consistent with Municipal Code requirements. Any change in the operational characteristics including the number of customer seats and hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). City of Newport Beach Planning Commission Resolution No. Paae 2 of 4 Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment to Use Permit No. 3153, subject to the conditions set forth in Exhibit "A ", the plans dated January 1, 2003. Section 5. 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 201h DAY OF FEBRUARY 2003. M Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: ABSENT: I City of Newport Beach Planning Commission Resolution No. — Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED USE PERMIT NO. 3153 1. The development shall be in substantial conformance with the approved floor plan dated January 3, 2003, except as modified by applicable conditions of approval. 2. All trash shall be stored in the building until scheduled trash pick -up occurs. 8. That a trash eampeeteF shell be installed On eenjuneUen Nith the prepesed-use- 3. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 4. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 5. Hours of operations shall be limited to between 11:00am and 10:00 pm daily. 6. Within 60 days of this approval, grease interceptors or traps shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code unless otherwise approved by the Building Department and Utilities Department. 7. A washout area /sink for the restaurant trash containers shall be provided in such a way as to insure direct drainage into the sewer system. 8. All mechanical equipment shall be screened from East Coast Highway and adjoining properties. 9. A maximum of six (6) tables and fifteen (15) seats are permitted. 10. No on -sale or off -sale of alcoholic beverage service is permitted. 11. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 12. Amended Use Permit No. 3153 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. City of Newport Beach Planning Commission Resolution No. _ Paae 4 of 4 13. The sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 14. The applicant shall be responsible for picking up trash outside of the full - service, small - scale- eating and drinking establishment on a daily basis. 15. Delivery vehicles shall not be parked on any residential streets or alleys adjacent to or nearby the full - service, small -scale eating and drinking establishment. 16. Within 90 days of this approval, the applicant shall begin construction of a unisex restroom which is to be located directly adjacent to the dining room, unless waived by the Building Department if other means of providing adequate restroom facilities is provided. The applicant is required to obtain all applicable permits from the City Building and Fire Departments as well as the Orange County Health Department. 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 final location of the restroom shall be approved by the Planning Department and /or the Building Department. 17. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: l� Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:008m interior exterior interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA NIA 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA l� ATTACHMENT B APPLICANT'S LETTER OF PROJECT DESCRIPTION l)./ WYNN 4& AssocIATES 1601 DOVE STREET SUITE 115 NEWPORT BEACH. CALIFORNIA 92660 ROBERT L. WYNN MUNICIPAL MANAGEMENT CONSULTANT Ms. Patty Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA re: Amendment to Use Permit 3153 Dear Ms. Temple: (949) 752 -6923 (949) 644 -8576 FAX(949)833 -1810 This application seeks to amend Use Permit 3153 con- cerning customer seating only. This application does not seek to change building, set backs, heights, parking, or any other characteristic of the present building. on June 20, 1985 the Planning Commission approved Use Permit 3153 permitting a restaurant at 2754 East Coast Highway in Corona del Mar and made all the findings required by your Municipal Code for Use Permits. Condition #10 of the UP reads: "no customer seating shall be permitted in the facility unless an amended use permit is approved ". This application requests an amendment to permit 15 seats. Condition #5 (of UP 3153) reads in part "that the development standards . . . .and the required parking spaces shall be waived'. The "sit down" or customer seating restaurant requires less code off street parking than does a "take out" restaurant, thus the request would not 'increase traffic or parking demand,but may decrease parking demand and traffic. RCS uRtl"'T Actually, in November 1997 M . and Mrs. Chamas Khantong replaced a Chinese that had customer seating. The Khantong's did not see the Use Permit and just assumed customer seating was permitted until Mr. Sinasek contacted them and advised them customer seat- ing was not permitted. They immediately contacted me and after hearing their story and confirming it with a Dentist friend around the corner I agreed to seek the amendment. It is a Mom and Pop operation and they propose the 15 seats that has been there since 1997. The Thai Del 13 f -2- Mar restaurant is a small restaurant having a common wall with Gelatos that has customer seating. The Khantong's propose 5 or 6 tables to occupy the 184 sq. ft. Public Area. They will not expand the restaurant in any way since they opened restaurant in 1997. Normally I do not ask the City to make legal an operation that has be operating in violation of a Use Permit, but in this case I believe there are some justifications. 1) Gelatos next door has customer seating, 2) a "sit down" restaurant actually requires less code required parking than does a "take out, and 3) the restaurant before them had customer seating and they have had it since 1997 apparentlywith no problem. Thank you. Robert�y" - ) attached: application plot plan floor plan minutes of PC dated 6 -20 -85 gummed labels ATTACHMENT C EXCERPT OF MINUTES FROM JUNE 20, 1985 PLANNING COMMISSION HEARING 15 Request to permit the establishment of a take -out rest- aurant in conjunction with a Mexican delicatessen on . property located in the C -1 District, and to waive the required off - street parking spaces. LOCATION: A portion of Lot 5, Block M, Tract NO. 323, located at 275$ East Coast High- way, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Alex Lovera, Corona del Mar, OWNERS: Alex Pourgal and Eskandar Pourgol, Corona del Mar The public hearing was opened at this time, and Mr. Alex Lovera, applicant, appeared before the Planning Commission. Mr. Lovera commented that he is now requesting that the hours of operation be from 7:00 a.m. to 12:00 p.m. instead of 7:00 a.m. to 11:00 p.m. as stated in Condition No. 6. In response to questions posed by Commissioner Koppelman, Mr. Lovera replied that the take -out restaurant will utilize a 2 -way burner and small grill comparable to the New York Deli Restaurant. Mr. Lovera advised that the Mexican food will be prepared for take home preparation. In response to a question of Chairman Winburn, Mr. Lovera stated that the delivery truck will be parked in an adjoining bank parking lot after 5:00 p.m. and that there will be no deliveries for breakfast or lunch. Mr. Lovera commented further that 2 future employees who live near -by have stated that the delivery truck may be parked at their residence. Dr. Paul Johnson, 1425 Santanella Terrace, Corona del Mar, appeared before the Planning Commission. Dr. Johnson referred to a letter dated June 11, 1985, addressed to John Kurlander signed by the four tenants who occupy the building adjacent to the subject restaurant, and Mr. Hal Wheatley, the proprietor of the radio repair shop adjacent to the Gelato Classico Ice -17- 1� COMMISSIONERS J'"(. X20, 1985 °t MINUTES C x Co a r y m z c m m z = w o r 0 0 M a z w m City of Y Newport P Beach a ROLL CALL INDEX Use Permit No. 3153 (Public Hearing) Item No.7 Request to permit the establishment of a take -out rest- aurant in conjunction with a Mexican delicatessen on . property located in the C -1 District, and to waive the required off - street parking spaces. LOCATION: A portion of Lot 5, Block M, Tract NO. 323, located at 275$ East Coast High- way, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Alex Lovera, Corona del Mar, OWNERS: Alex Pourgal and Eskandar Pourgol, Corona del Mar The public hearing was opened at this time, and Mr. Alex Lovera, applicant, appeared before the Planning Commission. Mr. Lovera commented that he is now requesting that the hours of operation be from 7:00 a.m. to 12:00 p.m. instead of 7:00 a.m. to 11:00 p.m. as stated in Condition No. 6. In response to questions posed by Commissioner Koppelman, Mr. Lovera replied that the take -out restaurant will utilize a 2 -way burner and small grill comparable to the New York Deli Restaurant. Mr. Lovera advised that the Mexican food will be prepared for take home preparation. In response to a question of Chairman Winburn, Mr. Lovera stated that the delivery truck will be parked in an adjoining bank parking lot after 5:00 p.m. and that there will be no deliveries for breakfast or lunch. Mr. Lovera commented further that 2 future employees who live near -by have stated that the delivery truck may be parked at their residence. Dr. Paul Johnson, 1425 Santanella Terrace, Corona del Mar, appeared before the Planning Commission. Dr. Johnson referred to a letter dated June 11, 1985, addressed to John Kurlander signed by the four tenants who occupy the building adjacent to the subject restaurant, and Mr. Hal Wheatley, the proprietor of the radio repair shop adjacent to the Gelato Classico Ice -17- 1� Le 20, 1985 MINUTES of Newport Beach Cream Shop. Dr. Johnson emphasized that since the Gelato Classico Ice Cream Shop has opened for business, .there have been parking and trash problems on East Coast Highway and Goldenrod Avenue, and in the aforementioned tenants' building parking lot. Dr. Johnson commented that the applicant's statement that the food would be only for take home delivery is not in accordance with realty. Dr. Johnson further emphasized that there are no available parking spaces for the proposed restaurant's two employees on East Coast Highway, nor is there available space for the delivery truck on Goldenrod Avenue or in the adjacent building's parking lot. Dr. Johnson stated that all of the neighboring businesses are opposed to the subject application. In response to a question posed by Chairman Winburn in reference to the previous occupant of the site, Rainbow Cleaners, Dr. Johnson opined that the proposed take -out restaurant is a destination site. i Mr. Dale Gasteiger, owner of Lumiere Fashion Boutique, 2744 East Coast Highway, appeared before the Planning Commission in opposition to the application. Mr. Gasteiger stated that since the Gelato Classico, Ice Cream store opened for business, the neighboring businesses have complained of the ice cream trash and he further commented, that with the addition of the proposed take -out restaurant that the problem would be compounded. Mr.. Gasteiger further commented that there are no parking spaces provided for the proposed take -out restaurant, and he emphasized that there are not sufficient parking spaces available on East Coast Highway. Mr. Lovera reappeared before the Planning Commission stating that he has not received trash or parking complaints regarding his other business, the Fresh Pizza Factory, in Corona del Mar, and that his proposed restaurant will be run in the same manner. Mr. Lovera stated that he spoke to occupants of the surrounding businesses and that he did not receive any opposition to his proposed restaurant at that time. The public hearing was closed at this time. In response to a question posed by Commissioner Turner, Mr. Laycock replied that staff has no objections to the business closing at 12:00 midnight instead of 11:00 1�1 p.m. as referred to in Condition No. 6. Mr. Lovera -18 I a x n z c m 9 m 2 m OW a 2 r n x M= N o 3. O O am O ms +� w S a S a 2 T m Le 20, 1985 MINUTES of Newport Beach Cream Shop. Dr. Johnson emphasized that since the Gelato Classico Ice Cream Shop has opened for business, .there have been parking and trash problems on East Coast Highway and Goldenrod Avenue, and in the aforementioned tenants' building parking lot. Dr. Johnson commented that the applicant's statement that the food would be only for take home delivery is not in accordance with realty. Dr. Johnson further emphasized that there are no available parking spaces for the proposed restaurant's two employees on East Coast Highway, nor is there available space for the delivery truck on Goldenrod Avenue or in the adjacent building's parking lot. Dr. Johnson stated that all of the neighboring businesses are opposed to the subject application. In response to a question posed by Chairman Winburn in reference to the previous occupant of the site, Rainbow Cleaners, Dr. Johnson opined that the proposed take -out restaurant is a destination site. i Mr. Dale Gasteiger, owner of Lumiere Fashion Boutique, 2744 East Coast Highway, appeared before the Planning Commission in opposition to the application. Mr. Gasteiger stated that since the Gelato Classico, Ice Cream store opened for business, the neighboring businesses have complained of the ice cream trash and he further commented, that with the addition of the proposed take -out restaurant that the problem would be compounded. Mr.. Gasteiger further commented that there are no parking spaces provided for the proposed take -out restaurant, and he emphasized that there are not sufficient parking spaces available on East Coast Highway. Mr. Lovera reappeared before the Planning Commission stating that he has not received trash or parking complaints regarding his other business, the Fresh Pizza Factory, in Corona del Mar, and that his proposed restaurant will be run in the same manner. Mr. Lovera stated that he spoke to occupants of the surrounding businesses and that he did not receive any opposition to his proposed restaurant at that time. The public hearing was closed at this time. In response to a question posed by Commissioner Turner, Mr. Laycock replied that staff has no objections to the business closing at 12:00 midnight instead of 11:00 1�1 p.m. as referred to in Condition No. 6. Mr. Lovera -18 I Motion r=. jm,<.. 20, 1985 Of Beach agreed to the condition recommended by Commissioner Turner that the trash would be picked up on a daily basis. In response to Commissioner Koppelman, Mr. Lovera agreed to keep the sidewalks cleaned in front of the facility on East Coast Highway. Mr. Hewicker asked Mr. Lovers to clarify the proposed parking sites for the delivery truck. Mr. Lovera replied that the Trans -World Bank closes at 5:00 p.m., wherein he may park the delivery truck in the parking lot; a neighbor has stated that the delivery truck may be parked in front of her house or in her garage; and the landlord of the adjacent building has commented that if a financial agreement can be reached, that the delivery truck may be parked in the building's parking area after 5:00 p.m. because the building's tenants will not be occupying the parking spaces after business hours. Before 5:00 p.m. Mr. Lovera stated, the delivery truck will be parked in his garage at his home in Cameo Highlands. MINUTES Mr. Lovera agreed to Mr. Hewicker's recommendation that a'condition be added stating that the delivery truck will not be allowed to park on residential streets adjacent to the take -out restaurant. in response to a question posed by Commissioner Eichenhofer, Mr. Lovera replied that the truck will be loaded at the delivery driveway on Goldenrod Avenue. Commissioner Turner stated that Corona del Mar does have a severe parking problem, but any business that would occupy the subject site would also require parking, and that the proposed take -out restaurant is not designed as a sit -down restaurant, and under those circumstances, Commissioner Turner made a motion to approve Use Permit No. 3153, subject to the findings and conditions in Exhibit "A ", with the following additional conditions: that the applicant shall be responsible for picking up outside trash and be responsible for cleaning the sidewalk on East Coast Highway on a daily basis; and that the applicant provide a parking plan approved by the Traffic Engineer for storage and parking of the delivery vehicle. Commissioner Koppelman confirmed that the outside trash would be physically picked up and not by a trash pickup service. Upon further discussion with Mr. Hewicker, Chairman Winburn and Commissioner Turner agreed to -19- '� xx C o v >'v m c i c m > m = m a n= r m= = N m ; 0 0 x m o m s za z az'� m Motion r=. jm,<.. 20, 1985 Of Beach agreed to the condition recommended by Commissioner Turner that the trash would be picked up on a daily basis. In response to Commissioner Koppelman, Mr. Lovera agreed to keep the sidewalks cleaned in front of the facility on East Coast Highway. Mr. Hewicker asked Mr. Lovers to clarify the proposed parking sites for the delivery truck. Mr. Lovera replied that the Trans -World Bank closes at 5:00 p.m., wherein he may park the delivery truck in the parking lot; a neighbor has stated that the delivery truck may be parked in front of her house or in her garage; and the landlord of the adjacent building has commented that if a financial agreement can be reached, that the delivery truck may be parked in the building's parking area after 5:00 p.m. because the building's tenants will not be occupying the parking spaces after business hours. Before 5:00 p.m. Mr. Lovera stated, the delivery truck will be parked in his garage at his home in Cameo Highlands. MINUTES Mr. Lovera agreed to Mr. Hewicker's recommendation that a'condition be added stating that the delivery truck will not be allowed to park on residential streets adjacent to the take -out restaurant. in response to a question posed by Commissioner Eichenhofer, Mr. Lovera replied that the truck will be loaded at the delivery driveway on Goldenrod Avenue. Commissioner Turner stated that Corona del Mar does have a severe parking problem, but any business that would occupy the subject site would also require parking, and that the proposed take -out restaurant is not designed as a sit -down restaurant, and under those circumstances, Commissioner Turner made a motion to approve Use Permit No. 3153, subject to the findings and conditions in Exhibit "A ", with the following additional conditions: that the applicant shall be responsible for picking up outside trash and be responsible for cleaning the sidewalk on East Coast Highway on a daily basis; and that the applicant provide a parking plan approved by the Traffic Engineer for storage and parking of the delivery vehicle. Commissioner Koppelman confirmed that the outside trash would be physically picked up and not by a trash pickup service. Upon further discussion with Mr. Hewicker, Chairman Winburn and Commissioner Turner agreed to -19- '� 20, 1985,,E MINUTES All Ayes 1 retain the proposed condition regarding the parking of the delivery truck on residential streets as originally stated. Commissioner Person stated that he will support the motion; however, Commissioner Person advised the applicant that the Planning Commission may, in accordance with Condition No. 12, add to, modify or recommend revocation of the use permit if the proposed restaurant does not operate as previously indicated. Commissioner Person also requested that the Code Enforcement Officer contact Dr. Johnson regarding the Gelato Classico Ice Cream Shop. Motion voted on, NOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the proposed take -out restaurnt does not represent an intensification of use that will result in an increased demand for parking. 5. The approval of Use Permit No. 3153 will not, under the circumstances of this case, be detri- mental 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 neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. -20- 9 x 0 f s V x z c m ,°n i 0,a Z a= 9 Zr a x a= � m City of Newport Beach A _ ROLL CALL INDEX All Ayes 1 retain the proposed condition regarding the parking of the delivery truck on residential streets as originally stated. Commissioner Person stated that he will support the motion; however, Commissioner Person advised the applicant that the Planning Commission may, in accordance with Condition No. 12, add to, modify or recommend revocation of the use permit if the proposed restaurant does not operate as previously indicated. Commissioner Person also requested that the Code Enforcement Officer contact Dr. Johnson regarding the Gelato Classico Ice Cream Shop. Motion voted on, NOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the proposed take -out restaurnt does not represent an intensification of use that will result in an increased demand for parking. 5. The approval of Use Permit No. 3153 will not, under the circumstances of this case, be detri- mental 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 neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. -20- 9 3. That a trash compactor shall be .installed in . conjunction with the proposed use. 4. That all signs shall conform to the provisions of .Chapters 20.06 of the Municipal Code... 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 6. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 12:00 midnight daily. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage ,systems in accordance with the provisions of the Uniform Plumbing Code. 8. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. 9. That all mechanical equipment shall be screened from East Coast Highway and adjoining properties. 10. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 11. That no on -sale or off -sale of alcoholic beverages . shall be permitted, unless an amended use permit is approved. 12. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. That this use permit shall expire unless exercised ( within 24 months from the date of approval as -21- IN M • COMMISSICNNERS Ju?al2o, 19as 4 MINUTES Co i s m m z z m o m> T m City of Newport Beach z a z s z M m a ROLL CALL I I I I I I INDEX 3. That a trash compactor shall be .installed in . conjunction with the proposed use. 4. That all signs shall conform to the provisions of .Chapters 20.06 of the Municipal Code... 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 6. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 12:00 midnight daily. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage ,systems in accordance with the provisions of the Uniform Plumbing Code. 8. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. 9. That all mechanical equipment shall be screened from East Coast Highway and adjoining properties. 10. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 11. That no on -sale or off -sale of alcoholic beverages . shall be permitted, unless an amended use permit is approved. 12. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. That this use permit shall expire unless exercised ( within 24 months from the date of approval as -21- IN M rl -� Jt' 20, 1985 n 1 Y MINUTES C C specified in Section 20.80.090 A of the Newport Beach Municipal Code. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 15. That the applicant shall be responsible for picking up trash outside of the take -out restaurant on a daily basis. 16. That the delivery truck shall not be parked on any residential streets adjacent to the take -out restaurant facility. AD J0URNMENT: 8:47 P.M. JOHN =RLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION _22_ O`I Ike z C 9 r y m m> m z m ao m Z ° = 0 City of Newport Beach : a z z a ROLL CALL INDEX C C specified in Section 20.80.090 A of the Newport Beach Municipal Code. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 15. That the applicant shall be responsible for picking up trash outside of the take -out restaurant on a daily basis. 16. That the delivery truck shall not be parked on any residential streets adjacent to the take -out restaurant facility. AD J0URNMENT: 8:47 P.M. JOHN =RLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION _22_ O`I Ike ATTACHMENT D PROJECT PLANS ml REST & WASH FLOOR PLAN THAI DEL MAR RESTAURANT 2754 EAST COAST HIGHWAY COOKING AND STORAGE AREA 316.25 sq. ft. CASHIER AREA 98.9 sq. £t. PUBLIC AREA 184 sq. ft. 52.1 ft. TOTAL AREA 599.15 sq. ft. 11.5 27.5 ft. Cooking'. and Storage Area ICashier 8.6 -ft. Public. Area 6 MOVABLE TABLE 16 ft. & 15 CHAIRS I -11.5 1 -3 -03 Revised Floor Plan EAST PCH zo A3 i Y6 b. E p O a VS. PIL z H a �v IF to Ok H '�) a lb 0 0