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HomeMy WebLinkAbout1973 - A conditional use permit to amend Use Permit No. UP1677 (Amended), remodeling the existing restaurant. The requested hours of operation are from 7:00 a.m. to 8:00 p.m., daily. Also included is a requ - 3400 Via Lido RESOLUTION NO. 1973 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-001 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3400 VIA LIDO, SUITE B (PA2015-002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kenneth Schultz, with respect to property located at 3400 Via Lido, and legally described as Lot 2, Tract 1235, being a subdivision of a portion of Lot 2 of Tract 1117, Miscellaneous Map, Book 35, Page 48, requesting approval of a Conditional Use Permit. 2. The applicant proposes the remodel of an existing eating and drinking facility to accommodate a new tenant, Honor Coffee. Conditional use permit approval is necessary to reduce the required parking spaces through the approval of a parking management plan because the subject property does not provide on-site parking. No alcohol service or late hours (after 11:00 p.m.) of operation are proposed as part of this application. Conditional Use Permit No. UP2001-005, modified (PA2002-167), would be rescinded if the application request is granted. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. A public hearing was held on March 5, 2015, 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 QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. Planning Commission Resolution No. 1973 Page 2 of 8 2. The proposed project involves the interior alteration of an existing eating and drinking establishment and a reduction of the parking requirement. Therefore, the use qualifies 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, require the approval of a conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. The existing establishment operates pursuant to Use Permit No. UP2001-005, modified (PA2002-167). The requested reduction in the parking requirement is considered a substantial change in operation that requires a conditional use permit. In accordance with Section 20.52.020.E (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: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) land use designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Although the subject property does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis demonstrates that an adequate supply of parking is provided based upon the shared use of parking within Lido Marina Village. 3. The project site is not located within 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: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- 07-22-2014 Planning Commission Resolution No. 1973 Page 3 of 8 serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments classified as Food Service, No Late-Hours require the approval of a use permit within the MU-W2 (Mixed-Use Water Related)Zoning District. 2. A total of seven (7) parking spaces to accommodate the eating and drinking establishment are waived with this approval. No on-site parking is required to accommodate the eating and drinking establishment. The reduction in the parking requirement is consistent with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the captive market conditions in Lido Marina Village that result in shared trips, varying peak periods for land uses in the area, and the high level of pedestrian and bicycle activity. 3. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 4. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will support local establishments within Lido Marina Village and improve the pedestrian streetscape. 5. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed interior renovation of the existing structure will not result in an increase to the existing gross floor area and resulting FAR. 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: 1. An eating and drinking establishment has operated in this location since 2001 pursuant to Use Permit No. 2001-005. The commercial building is previously developed with the infrastructure to accommodate an eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key entry point into Lido Marina Village. The eating and drinking establishment 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. 2. The subject property is located in a relatively dense village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the area. Public parking exists in the vicinity along Via Lido and Via Oporto. 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate seventeen 07-22-2014 Planning Commission Resolution No. 1973 Page 4 of 8 (17) seats. No alcohol service, late hours of operation (after 11:00 p.m.), live entertainment, or dancing are proposed. 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). 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: 1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been utilized as an eating and drinking establishment. 2. Although the site does not provide on-site parking, the proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the proposed eating and drinking establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided nearby along Via Lido and Via Oporto to accommodate the proposed use. 3. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 4. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 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: 1. The tenant improvements to the existing eating and drinking establishment should have a positive impact on the area and may promote further revitalization of 07-22-2014 Planning Commission Resolution No. 1973 Page 5 of 8 commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 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 surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. 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 prohibition of alcohol service, live entertainment, recreational entertainment, or dancing will minimize potential land use conflicts, nuisances, and police intervention. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-001 (PA2015-002), 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 (14) days following the date this Resolution was adopted 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 City Council Resolution No. 2008-88 for Use Permit No. UP2001-005, modified (PA2002-167), which upon vesting of the rights authorized by this conditional use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF MARCH, 2015. AYES: BROWN, HILLGREN, KOETTING, KRAMER, LAWLER, MYERS AND TUCKER NOES: ABSTAIN: ABSENT: . � BY: Larry' �er, Char BY: ay ers, ecretary 07-22-2014 Planning Commission Resolution No. 1973 Page 6 of 8 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.) 1. Use Permit No. UP2015-002 shall expire unless exercised within twenty-four(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. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The 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. 4. 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. 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. 6. 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. 7. 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. 8. The hours of operation shall be limited between 7:00 a.m. and 8:00 p.m., daily. 9. The interior "net public area" of the restaurant shall not exceed 627 square feet. 10. There shall be no alcohol service, live entertainment or dancing allowed on the premises. 11. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 07-22-2014 Planning Commission Resolution No. 1973 Page 7 of 8 12. All mechanical equipment and trash areas shall be screened from adjoining streets. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure three (3) 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. 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 Division. 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. 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. 16. 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. 17. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. 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. 19. 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 Honor Coffee Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2015-001 (PA2015-001). This indemnification shall include, but not be limited to, damages awarded against the City, if 07-22-2014 Planning Commission Resolution No. 1973 Page 8 of 8 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. 20. 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. Building Division Conditions 21. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. 22. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. 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. 24. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 25. 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 26. County Sanitation District fees shall be paid prior to the issuance of any building permits. 07-22-2014