Loading...
HomeMy WebLinkAbout2021 - CONDITIONAL USE PERMIT TO AMEND UP1521 FOR CANNERY RESTAURANT - 3010 Layafatte Ave RESOLUTION NO. 2021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2016-032 TO MODIFY THE OPERATIONAL CHARACTERISTICS OF AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3010 LAFAYETTE AVENUE (PA2015-201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alex Arie of Robinson Hill Architecture, Inc., with respect to property located at 3010 Lafayette Avenue, and legally described as Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, requesting approval of a conditional use permit. 2. The applicant proposes to convert a 249-square-foot portion of dining area at the first floor of an existing restaurant to a bar area. A total of 272 seats would remain for patrons of the restaurant. The interior net public area at the first floor would decrease by 95 square feet to accommodate the conversion. No other changes are proposed. This Conditional Use Permit supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003. 3. The subject property is located in the Mixed-Use Water Related (MU-W2) Zoning District and designated Mixed-Use Water Related (MU-W2) in the Land Use Element of the General Plan. 4. The subject property is located in the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 5. A public hearing was held on July 11, 2016, 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The Cannery is an existing food service, eating and drinking establishment. The proposed project involves the conversion of dining area to Planning Commission Resolution No. 2021 Page 2 of 10 a bar area. The interior improvements constitute minor changes and the existing restaurant will maintain the same size and operate in substantially the same capacity as it did prior to the change. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 General Plan Land Use Element designates the site as Mixed-Use Water Related (MU-W2). This 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. 2. The existing eating and drinking establishment serves the neighborhood, surrounding community, and visitors to the City of Newport Beach, consistent with the MU-W2 designation. Therefore, the proposed project is consistent with the General Plan, Local Coastal Land Use Plan and Zoning Code. 3. Eating and drinking establishments are common in the vicinity and are complementary to the surrounding commercial uses along the Newport Boulevard business corridor. 4. The subject property is not part of 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 subject property is located in the Mixed-Use Water Related (MU-W2) Zoning District. This 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. Pursuant to Table 2-9 of Zoning Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements), food service, eating and drinking establishments with alcohol service and late hours (after 11:00 p.m.) are permitted subject to the approval of a conditional use permit. 05-26-2016 Planning Commission Resolution No. 2021 Page 3of10 2. The eating and drinking establishment operates under an existing use permit and accessory outdoor dining permit. The conversion of interior dining area to a bar area will not affect compliance with conditions established by the existing use permit and accessory outdoor dining permit. 3. The use will remain an eating and drinking establishment and as conditioned the project will continue to comply with Zoning Code standards for eating and drinking establishments. 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. The surrounding area contains various, retail, business office and visitor serving commercial uses including eating and drinking establishments that serve alcoholic beverages. The existing restaurant will remain consistent with the existing and permitted nonresidential uses within the area after the conversion of dining area. 2. The eating and drinking establishment will close by 11 p.m., daily, consistent with the hours of other similar establishments and uses in the commercial area. 3. The operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a food service, eating and drinking establishment and does not become a bar, club, or tavern. 4. The establishment is required to comply with the City's noise ordinance and no outside paging system or outside amplified music is allowed. 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 eating and drinking establishment has operated at the subject location since the early 1970's and has demonstrated that the site is physically suitable to accommodate the restaurant. 2. The Fire Department and Public Works Department reviewed the site to ensure adequate public and emergency vehicle access, and access to public services and utilities. 05-26-2016 Planning Commission Resolution No. 2021 Page 4 of 10 3. Any proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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 project has been reviewed to ensure that the recommended conditions of approval 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 in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment will serve the surrounding community. The service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. The additional bar area for the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. The applicant is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. All owners, managers, and employees selling or serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-032, 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 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. 05-26-2016 Planning Commission Resolution No. 2021 Page 5 of 10 3. This resolution supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003, which upon vesting of the rights authorized by this Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JULY, 2016. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Zak, Weigand NOES: None ABSTAIN: None ABSENT: None l� BY: er, Chairman BY:—M Peter Zak, Secret ry 05-26-2016 Planning Commission Resolution No. 2021 Page 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Applicable conditions of approval required by UP1521 and OD2002-003 are italicized and incorporated into the conditions herein) Planninq Division 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. 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Use Permit supersedes Use Permit No. UP1521 and Accessory Outdoor Dining Permit No. OD2002-003. 5. First floor bar area devoted to the service of alcohol shall not exceed 249 square feet as shown on the approved plan. 6. The hours of operation of indoor dining area are limited to between 9 a.m. and 11 p.m., daily. 7. The applicant shall maintain the recorded parking agreement for the parking lot located on the westerly side of Lafayette Avenue, or a new agreement shall be prepared by the City Attorney and approved by the City Council; said parking agreement to maintain a flexibility in the parking arrangement subject to the approval of the Director of Community Development. 8. All applicable conditions of approval for Modification Permit No. MD2002-111 shall remain in force. 9. The accessory outdoor dining shall be used, in conjunction with the related adjacent food establishment, and shall be limited to 1,416 square feet maximum. 10. The establishment shall be limited to a maximum of 272 seats total (indoor and outdoor) unless an amendment to this Use Permit is approved. Any increase in outdoor seating shall be offset by a reduction in the indoor seating and shall comply with all Building and Fire codes. 05-26-2016 Planning Commission Resolution No. 2021 Page 7 of 10 11. The hours of operation of outdoor dining area are limited to between 9 a.m. and 10 p.m., Sunday through Thursday, and 9 a.m, to 10:30 p.m., on Friday, Saturday, and holidays, unless an amendment to this Use Permit. 12. The use of live entertainment and amplified sound or music shall be prohibited, unless an amendment to the use permit is first approved. 13. The use of outside loudspeakers, paging system or sound system shall be prohibited in the outdoor dining area. 14. The use of area heaters shall be approved by the Building Division and Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises are prohibited, unless otherwise approved by the Fire Department. 15. This Use Permit may be modified or revoked by the 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. 16. 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. 17. 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. 18. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial ro ert Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 6OdBA 19. Should problems arise with regard to noise associated with the use of the outdoor dining areas, the Planning Division shall require the removal of all or a portion of the outdoor dining area seating in those sections that contribute to the noise problems or complaints. 20. Should the property be sold or otherwise come under different ownership, any future 05-26-2016 Planning Commission Resolution No. 2021 Page 8 of 10 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to 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. 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. 24. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of- way. 25. 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. The public sidewalks may also require periodic steam cleaning, as required by the Public Works Department. 26. 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). 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m, and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 28. 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. 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- 05-26-2016 Planning Commission Resolution No. 2021 Page 9 of 10 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 30. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 31. 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 Cannery including, but not limited to, UP2016-032 (PA2015-201). 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. Fire Department 32. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more pursuant to California Fire Code Section 907.2.1 33. Fire sprinklers are required for Group A-2 occupancies with an occupant load of 100 or more pursuant to California Fire Code Section 902.2.1 .2. Any occupant load increase will require fire sprinklers. Building Division 34. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 35. Plans must illustrate compliance with Chapter 11B of the California Building Code for accessible seating arrangement. 05-26-2016 Planning Commission Resolution No. 2021 Pacie10of10 36. Restroom, path of travel to restrooms, elevator and entry ramp are documented as non-compliant for accessibility and may need to be updated to comply with current code as deemed necessary by the Building Division. Police Department 37. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days after the appeal period. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 38. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 40. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 41. 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. 42. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 43. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 44. 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. 45. There shall be no exterior advertising or signs of any kind or type, including advertising director 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. 46. Strict adherence to maximum occupancy limit is required. 05-26-2016