HomeMy WebLinkAbout2003 - CONDITIONAL USE PERMIT - AMENDMENT TO UP2001-010 (PA2008-089) - 1302 Bison Ave RESOLUTION NO. 2003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-035 TO EXPAND AN EXISTING EATING
AND DRINKING ESTABLISHMENT, UPGRADE TO A TYPE 47
ALCOHOL LICENSE LOCATED AT 1344 AND 1346 BISON
AVENUE AND REDUCTION OF REQUIRED PARKING (PA2015-
140)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bronnie Lee representing Wasa Sushi located at 1344-1346
Bison Avenue and The Irvine Company with respect to property located at 1302-1380
Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-040. The
applicant requests approval of a conditional use permit.
2. The applicant proposes a conditional use permit to allow the expansion of an existing
1,574 square foot eating and drinking establishment into an adjacent 2,024 square foot
tenant space for a combined floor area of 3,590 square feet and to upgrade from a Type
41 ABC License (On- Sale Beer and Wine — Eating Place) to a Type 47 ABC License
(On Sale General — Eating Place). The existing restaurant was originally approved by
Use Permit Nos. UP 2002-020 and UP2003-018. The request also includes approval of a
conditional use permit to approve an off-street parking modification to reduce the
required number of parking spaces by 24 and approve a parking management plan. The
parking management plan includes limiting the hours of operation for the proposed
restaurant expansion area to 4:00 p.m. - 10:00 p.m. and a valet parking plan.
3. The subject property is located within the Bonita Canyon Planned Community Zoning
District and the General Plan Land Use Element category is CG (General Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 3, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing
was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this public hearing.
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 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
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2. 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. The proposed project involves interior alterations of an existing commercial
tenant space and parking management of an existing commercial parking lot.
Therefore, the project qualifies for a categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales) and Section 20.52.020(F)
(Conditional Use Permits and Minor Use Permits), the Planning Commission must make the
following findings to upgrade a Type 41 ABC License (On- Sale Beer and Wine — Eating
Place) to a Type 47 ABC License (On Sale General — Eating Place):
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning 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 Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. Alcohol service is intended for
the convenience of customers dining at the restaurant. The establishment currently
holds a Type 41 (On-Sale Beer and Wine) license and no negative impacts related to the
existing license have been identified. Operational conditions of approval recommended
by the Police Department relative to the sale of alcoholic beverages will ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
2. The restaurant is located within the Bluffs Shopping Center which is occupied by a
mixture of restaurants, retail and service uses. The draft resolution includes conditions
of approval to further minimize negative impacts to surrounding land uses and ensure
that the use remains compatible with the other commercial uses in the shopping center
and neighboring residential developments.
3. The restaurant is located in Police reporting District 54 (RD54) which has crime rate
lower than the citywide average. The number of alcohol related crimes and arrests are
not considered excessive and Police Department does object to the request.
4. The restaurant is located in a shopping center with several other restaurants that serve
alcohol. None of the other establishments are considered bars or nightclubs. The
shopping center is separated by residential and recreational areas by major and
primary roadways. No objectionable conditions have been identified and as
conditioned it is expected the expanded restaurant will not be a detriment to the
adjacent business or the City.
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Planning Commission Resolution No. 2003
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Pursuant to Section 6 (Commercial Sub-Area 5) of the Bonita Canyon Planned Community
Development Plan eating and drinking establishments require the approval of a conditional use
permit by the Planning Commission. Additionally, the request for a modification of required
parking to reduce the number of required spaces also requires approval of 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:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The restaurant and related parking lot are located with the General Commercial (CG)
land use designation of the General Plan. The CG designation is intended to provide
for a wide variety of commercial activities oriented primarily to serve citywide or
regional needs. Eating and drinking establishments are expected in this area and are
complementary to the surrounding commercial and residential uses. Thus, the
proposed restaurant use is consistent with 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 applicant
demonstrates that an adequate supply of parking is provided based upon the shared
use of parking within the Bluffs Shopping Center.
3. 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:
1. Eating and Drinking Establishments located within Commercial Sub-Area 5 of the
Bonita Canyon Planned Community require approval of a conditional use permit by the
Planning Commission. The existing restaurant was originally approved by Use Permit
No. 2002-020 and Use Permit No. 2003-018.
2. The existing tenant space and the proposed project comply with all applicable
development standards and provisions of the Zoning Code.
3. Based on existing parking counts which reflect actual operations of the on-site uses and
earlier closing hours of some tenants, on-site parking is adequate to meet the needs of
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the shopping center at full occupancy. Additionally, prohibiting the operation of the
expanded area during the afternoon will help reduce parking demand during that time.
4. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
Finding:
D. 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. A restaurant has operated at this location since 2003. The existing approval allows the
restaurant to operate between 10:00 am and 10:00 p.m., daily. The proposed hours
are 10:00 a.m. to 10:00 p.m. daily for the existing restaurant space and 4:00 p.m. to
10:00 p.m. daily for the expanded area.
2. The restaurant is located within a shopping center designed and developed to
accommodate a variety of retail and service uses, including restaurants. No residential
or other sensitive land uses are located directly adjacent to the shopping center
therefore, impacts on other uses is not anticipated.
3. The operator is required to maintain substantial conformance with the approved floor
plan in conjunction with a Type 47 (On-Sale General) alcohol license so that the
restaurant's primary use is an eating and drinking establishment and not a bar, lounge,
or night club.
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:
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:
1. The project site is located within an existing multi-tenant retail and service commercial
building designed and developed for a variety of uses including restaurants.
2. Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
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3. 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.
4. The shopping center where the site is located is developed with 477 parking spaces.
The parking analysis conducted for this project found that the peak demand occurred
on a Thursday at 7:00 p.m. when 396 spaces were occupied leaving 81 spaces
available which is greater than the 24 parking space waiver.
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:
1. The expansion of the existing restaurant into the adjacent tenant space will ensure the
vitality of the shopping center and help keep vacancy low. The expanded eating and
drinking establishment will continue to serve the surrounding community and is not
detrimental to the harmonious and orderly growth of the City. Nor would approval of
the project 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.
2. The limited hours reduce overall parking demand at the shopping center during the busy
lunch hours by removing required parking for 2,024 square feet of retail space and
expanded dining opportunities are provided in the evening when more parking is
available, as demonstrated by the parking analysis.
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. 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.
In accordance with NBMC Section 20.40.110(B) (Reduction of Off-Street Parking), off-street
parking requirements may be reduced with approval of a conditional use permit in compliance
with the following conditions:
Condition:
A. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of
spaces or that other parking is available (e.g., City parking lot located nearby, on-
street parking available, greater than normal walk in trade, mixed-use development);
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Facts in Support of Meeting Condition:
1 . The applicant provided a parking analysis that counted available parking spaces on
Thursday, Friday and Saturday afternoons and evenings when parking demand for the
shopping center is highest. Since the expansion area of the restaurant will not open
until 4:00 p.m. daily, evening parking counts and operating hours of the other tenants
were considered to determine if parking supply could accommodate the demand.
Applying the Bonita Canyon Planned Community rates, at full occupancy of the
shopping center including the expanded restaurant, 502 spaces are required, causing
a deficiency of 25 spaces. Existing parking counts reflect that at the evening peak
(Thursday between 7:00 p.m. and 8:00 p.m.) 81 parking spaces are vacant. Therefore,
actual demand of the entire shopping center, in particular when the expanded
restaurant will be open, is less than the parking requirement.
Condition
B. A Parking Management Plan shall be prepared (in compliance with subsection C.)
Facts in Support of Meeting Condition:
1. The ongoing use of valet parking for Wildfish and making the valet available to
customers of other tenants when spaces are available will help ensure maximum
efficiency of parking lot use.
2. Limiting the business hours of the expansion area to the evening will provide a parking
surplus during the lunch hours. Additionally, the existing tenant mix includes several
businesses that close as early as 7:00 p.m. providing more spaces for use by other
tenants.
3. The valet plan and business hours limitation effectively create a parking management
plan that will ensure effective use of all available parking.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-035 (PA2015-140), 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 following the date this Resolution
is 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.
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3. This resolution supersedes Use Permit No. UP2003-018 which upon vesting of the rights
authorized by this Conditional Use Permit No. UP2015-035 (PA2015-140) shall become
null and void.
PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF DECEMBER, 2015.
AYES: Brown, Hillgren, Koetting, Lawler, Weigand, Zak
NOES: None
ABSTAIN: None
ABSENT: Kramer
BY:
K ry a r, Chair an
BY:
Pey r Koettin , Secreta
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Planning Commission Resolution No. 2003
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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. Conditional Use Permit No. UP2015-035 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. Material 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 Conditional Use Permit or the
processing of a new Conditional 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. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
10. 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
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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.
11. The allowed hours of operation for the area identified as the existing dining area shall
be 10:00 a.m. to 10:00 p.m, daily. The allowed hours of operation for the area
identified as new shall be 4:00 p.m. to 10:00 p.m., daily.
12. Restaurant seating shall be configured in a dining room setting. The dining tables and
chairs are not permitted to be moved to create standing areas for food and beverage
service to patrons.
13. There shall be no dancing or live entertainment allowed on the premises.
14. All employees shall park on-site.
15. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to
advertise the restaurant facility. Temporary signs shall be prohibited in the public right-
of-way unless otherwise approved by the Public Works Department in conjunction with
the issuance of an encroachment permit or encroachment agreement.
16. All lighting shall conform with 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.
17. 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 of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time period unless the ambient
noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 5OdBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial pro ert
Mixed Use Property 45dBA 6OdBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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18. 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.
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.
20. 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.
21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
22. 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 Wasa Sushi Restaurant Expansion including, but
not limited to, Conditional Use Permit No. UP2015-035. 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.
Police Department Conditions
23. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete an ABC approved certified training program in responsible
methods and skills for selling alcoholic beverages.
24. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
25. No games or contests requiring or involving the consumption of alcoholic beverages is
permitted.
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26. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
27. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
28. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
29. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
30. 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.
31 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
32. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
Fire Department Conditions
33. Each required commercial kitchen exhaust hood and duct system required to have a
Type I hood shall be protected with an approved automatic fire-extinguishing system
installed in accordance with the fire code (C.F.0 Section 904.2.1).
Building Division Conditions
34. 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.
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35. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
36. Strict adherence to maximum occupancy limits is required.
37. 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.
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