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HomeMy WebLinkAbout1945 - CONDITIONAL USE PERMIT FOR RESTAURANT - 501 Park AveRESOLUTION NO. 1945 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014 -009 TO EXPAND AN EXISTING EATING AND DRINKING ESTABLISHMENT, CREATE A TAKE OUT - LIMITED USE AND MODIFY PARKING AT 501 PARK AVENUE (PA2014 -047) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Tony Finaldi, representing the Antares Group, LLC, with respect to property located at 501 Park Avenue, and legally described as Lots 21 and 22, Block 9, Resubdivision of Section 1, Balboa Island, requesting approval of a conditional use permit for the expansion of an existing restaurant and modification of parking. The applicant requests an amendment to Use Permit No. UP1834 to expand the existing restaurant and outdoor dining patio with no late hours, establish a Take Out - Limited Use and modify the required parking. The restaurant would operate from 7:00 a.m. to 9:00 p.m., daily and would include no more than 95 seats. No live entertainment or dancing is proposed. The subject property is located within the Mixed Use - Water (MU -W2) General Plan Land Use Element category and Zoning District. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use - Water (MU -W2). Use Permit UP1834 was approved in 1977 to allow for the sale of beer and wine. At that time the restaurant consisted of 290 square feet of net public area and a 70 square -foot outdoor patio. Today, the restaurant occupies 665 square feet of net public area and a 503 - square -foot outdoor patio. There is no record of the expansion obtaining permits or an amendment to Use Permit No. UP1834. A public hearing was held on May 22, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 QUALITYACT DETERMINATION. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) Planning Commission Resolution No. 1945 Paae 2 of 11 2. The proposed project involves the minor alteration of an existing structure, with no additional square footage, and negligible expansion of an existing use. Therefore, the interior use, outdoor dining patio and take out service qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, No Late Hours, and Take Out - Limited, require the approval of a conditional use permit within the Mixed Use - Water (MU -W2) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1834 (as approved on June 7, 1977). The requested expansion and take -out coffee bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a substantial change to an existing eating and drinking establishment a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. The restaurant is appropriate since the existing Type 41 license, which allows the sale of beer and wine, has been in use since 1977 with the approval of Use Permit No. UP 1834 without incident or concerns expressed by surrounding neighbors. The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval have been included to ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area which is primarily residential with some commercial uses. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 10 -15 -2013 Planning Commission Resolution No. 1945 Paqe 3 of 11 Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: The expanded eating and drinking establishment, food service with no late hours which offers alcoholic beverage service and Take Out - Limited are consistent with the Mixed Use — Water (MU -W2) land use designation of the General Plan, The MU -W2 designation applies to waterfront areas in which marine - related uses may be intermixed with buildings that provide residential on the upper floors. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. The project site is not located within a Specific Plan area. Finding: C. 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: Eating and drinking establishments classified as Food Service, No Late Hours, and Take Out — Limited require the approval of a conditional use permit within the Mixed Use — Water (MU -W2) Zoning District. As conditioned, the proposed project will comply with Newport Beach Municipal Code Section 20.48.090 standards for eating and drinking establishments in that operation is limited to food service, beer and wine service, and a take -out coffee bar. The hours are appropriate for the neighborhood which is primarily residential. 3. Based on the increase net public area, the expansion would require 14 additional spaces as compared to Use Permit No. UP1834 approved in 1977, but only five additional spaces as compared to the existing operations. The restaurant has operated in its current configuration for several years. Therefore, the parking demand generated by the current restaurant operations have been accommodated within the existing supply offered on -site (four spaces) and on- street parking. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. 10 -15 -2013 Planning Commission Resolution No. 1945 Paae 4 of 11 Facts in Support of Finding: 1. The restaurant has operated in its current location and with a total of 95 seats for several years. There is no documentation of incidents or complaints reported to the City's Code Enforcement or Police departments during the restaurant operation. The expansion would increase the floor area, but maintain the same number of seats. On the basis that the existing operation is compatible with the neighborhood, the expansion would also be compatible. 2. The coffee bar would offer take out service which would be complementary to the pedestrian and bike activity in the area for individuals seeking to purchase coffee while on their excursions. 3. The restaurant would operate from 7:00 a.m. to 9:00 p.m., daily, which are not considered "late ", as defined by the Municipal Code, are more restrictive than the hours approved per Use Permit No. UP1834 and are appropriate for the mixed -use neighborhood. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 5. The project has been conditioned to include a trash enclosure with a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 6. Based on the increase net public area, the expansion would require 14 additional spaces as compared to the Use Permit No. UP1834 approved in 1977, but only five additional spaces as compared to the existing operations. The restaurant has operated in its current configuration for several years. Therefore, the parking demand generated by the current restaurant operations have been accommodated within the existing supply offered on -site (four spaces) and on- street parking. 7. The restaurant is reported to include eight employees. Conditions of approval have been included requiring the business owner to purchase parking permits on behalf of the employees to parking in the municipal parking lots on Balboa Peninsula which can be accessed via the Balboa Island Ferry. 8. This is an existing restaurant location and is compatible with other uses in the area. The restaurant also serves as an important visitor - serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 10 -15 -2013 Planning Commission Resolution No. 1945 Finding: E. 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: Adequate public and emergency vehicle access, public services, and utilities exist for the site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. Although the site does not provide the minimum number of off- street parking spaces on -site, the parking spaces required by the current operation have been accommodated within the existing supply. The expansion requires five additional parking spaces and employees will be required to park remotely. Finding: F. 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: The renovations to the existing restaurant facility should have a positive impact with a significant upgrade to the existing structure. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to residential uses nearby, the expansion requires only five spaces beyond the existing operation and employees will park remotely. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. Planning Commission Resolution No. 1945 Paqe 6 of 11 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -009 (PA2014 -047), 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 14 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. Conditional Use Permit No. UP2014 -009 (PA2014 -047) replaces and supersedes Use Permit No. UP1834, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF MAY, 2014. AYES: AMERI, BROWN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: HILLGREN BY: J Larry Tucker, Vice Chair m 10 -15 -2013 Planning Commission Resolution No. 1945 Paqe 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. Use Permit No. UP2014 -009 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit, 5. This Conditional 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. 6. 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. 7. 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. 8. 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 Division. 9. The hours of operation for the restaurant, including the take -out coffee bar and outdoor dining, shall be 7:00 a.m. to 9:00 p.m., daily. 10. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All three parking spaces on the site shall be accessible and useable for vehicular parking at all times. 11. Restaurant employees shall park their automobiles in the municipal lots on the Balboa Peninsula. The applicant or operator of the facility shall purchase parking permits for 10 -15 -2013 Planning Commission Resolution No. 1945 Paae 8 of 11 eight employees on an annual basis for the municipal lots, and shall direct employees to park in said parking lot. 12. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 14. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 15. Food service shall be offered during all hours of operation and in all areas of the restaurant, with the exception of the take -out coffee bar area. 16. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 17. All mechanical equipment and trash areas shall be screened from adjoining streets. 18. All outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). 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. 19. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 20. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance 10 -15 -2013 Planning Commission Resolution No. 1945 Pape 9 of 11 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 23. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 24. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 25. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 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 the Park Avenue Cafe Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2014 -009 (PA2014- 047). 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. There shall be no live entertainment or dancing allowed on the premises. 10 -15 -2013 Planning Commission Resolution No. 1945 Paae 10 of 11 28. Strict adherence to maximum occupancy limits is required 29. 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. 30. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 31. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 32. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 33. The applicant is required to obtain all applicable permits from the City's Building Division and Fire 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 34. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 35. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 36. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 37. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Public Works Conditions 38. All improvements shall be constructed as required by Ordinance and the Public Works Department. 39. All new and existing water services shall be protected by a City approved backflow assembly. 10 -15 -2013 Planning Commission Resolution No, 1945 Paqe 11 of 11 40. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic - grade box and cover, located on the public side of the property line. 41. An encroachment permit is required for all activities within the public right -of -way. 42. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. 43. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 44. All on -site drainage shall comply with the latest City Water Quality requirements. 10 -15 -2013