HomeMy WebLinkAbout1982 - Amending the Operational charateristics and Floor Plan of an Eating and Drinking Establishment at 1617 Westcliff DriveRESOLUTION NO. 1982
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-019 AMENDING THE OPERATIONAL
CHARACTERISTICS AND FLOOR PLAN OF AN EATING AND
DRINKING ESTABLISHMENT AT 1697 WESTCLIFF DRIVE
(PA2015-078)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Shubin + Donaldson Architects, Inc., representing the BWP
Westcliff Associates, LLC, with respect to property located at 1617 Westcliff Drive, and
legally described as TR 4225 Lot 7 all -ex nwly 80 ft- and nwly 55.98 foot Lot 8, to
modify the operational characteristics and floor plan of an eating and drinking
establishment.
2. The applicant requests an amendment to Use Permit No. UP2014-044 to modify the
operational characteristics and floor plan. The approved establishment offered a
combination of restaurant, take-out and retail uses focused on daytime operations.
The proposed concept is a full service restaurant which caters to dinnertime activities.
3. The subject property is located within the General Commercial (GC) General Plan Land
Use Element category and Commercial General (CG) Zoning District.
4. Use Permit UP2002-025 was approved in 2002 and permitted an Eating and Drinking
Establishment, authorizing the sale of alcoholic beverages and approval of a parking
waiver. To mitigate increased parking demand, the project was conditioned to limit
restaurant operations between 11:00 a.m. and 3:00 p.m.
5. Use Permit UP2014-044 was approved on December 4, 2014 to eliminate the condition
which prohibits operations between 11:00 a.m. and 3:00 p.m. This approval was based
on a Shared Parking Analysis, dated December 1, 2104 and prepared by Linscott Law &
Greenspan, on behalf of the applicant, to determine the specific parking needs of the
mixed use center and proposed restaurant.
6. An Addendum to the Westcliff Parking Study, dated April 16, 2015, demonstrates that the
change in operations produces similar results as the previous concept and there is no
increase in parking demand.
7. A public hearing was held on, May 21, 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.
Planning Commission Resolution No.1982
Page 2 of 10
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to the State CEQA (California
Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing
Facilities)
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 qualify for a categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
The establishment operates pursuant to Use Permit No. UP2014-44 (as approved on December
4, 2014). The request to modify the operational characteristics and floor plan are substantial
changes that require an amendment to the existing 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 restaurant and its associated operating hours and parking requirements are
consistent with the General Commercial (GC) 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.
2. 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. Eating and drinking establishments with no late night hours require the approval of a
minor use permit within the Commercial General (CG) Zoning District. Use Permit
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Planning Commission Resolution No. 1982
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UP2014-044, as approved by the Planning Commission, authorized establishment of the
restaurant.
2. Modifying the restaurants operation to a full service establishment is consistent with
the previous approved concept and there would be no increase in parking demand.
Therefore the project is consistent with the previously approved use permit (UP2014-
044).
Finding
C. The design, location, size, 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 2002. Previous restaurants operated
traditionally with a full-service bar and did not generate concerns within the
surrounding neighborhood. The proposed restaurant is consistent with the previous
operations. Therefore, the use is compatible with the uses in the neighborhood.
2. The restaurant would operate from 7:00 a.m. to 10:00 p.m., daily, which is not
considered "late", as defined by the Municipal Code, and is appropriate for the
neighborhood.
3. The proposed use will not require high levels of lighting or illumination and all outdoor
lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor
Lighting).
4. 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 existing trash enclosure, except during
collection.
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 restaurant is located in an existing multi -tenant building with access provided from
two roadways. 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.
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Planning Commission Resolution No. 1982
Page4of10
3. The site includes 128 parking spaces. The Parking demand Analysis prepared for the
project forecasts, at full occupancy, the development would generate a parking
demand of 138 parking spaces during the peak hour of 11:00 a.m. However, based
on existing parking counts and parking estimates for vacant suites, the actual parking
demand is less than forecasted, therefore adequate on-site parking is likely.
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 wonting in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The exterior upgrades and renovations to the existing building would have a positive
impact to the surrounding neighborhood.
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 and adequate parking is provided on-site, per
the Parking Demand Analysis. 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
sun-ounding 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.
SECTION 4. DECISION,
NOW, THEREFORE, DE IT RESOLVED;
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-010 (PA2015-078), 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.
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Planning Commission Resolution No. 1982
Page 5 of 10
3. Conditional Use Permit No. UP2015-019 (PA2015-078) replaces and supersedes Use
Permit No. UP2014-044, which upon vesting of the rights authorized by this application,
shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 21St DAY OF MAY, 2015.
AYES: Brown, Hillgren, Kramer, Lawler and Myers
NOES: Koetting and Tucker
ABSTAIN: None
ABSENT: None
BY: /��r —L
Larry Tucker, Chair
BY: It, e�lp
III
s, ecre ry
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Planning Commission Resolution No. 1982
Page 6 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. Within one year of issuance of certificate of occupancy, the Planning Commission shall
review the subject Use Permit to determine if mitigation, such as a plexi -glass border,
is required to reduce the noise levels generated by the outside patio.
8. Use Permit No. UP2015-019 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,
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. 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.
8. Prior to certificate of occupancy for the restaurant, the applicant shall submit to the
City for approval the finalized tenant mix for the center for each suite. The tenant mix
of the center shall be substantially consistent with the assumptions presented in the
Parking Demand Analysis, dated April 16, 2015 and prepared by Linscott Law &
Greenspan. Uses may be changed in the future, provided they do not increase the
overall parking demand of the center.
9. 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.
10. 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.
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Planning Commission Resolution No. 1982
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11. The hours of operation for the restaurant shall be 7:00 a.m, to 10:00 p.m., daily.
12. The existing parking lot shall be maintained with approved traffic markers or painted
white lines not less than four (4) inches wide. No less than 128 parking spaces shall
be provided on-site, all spaces shall be accessible and useable for vehicular parking at
all times for all on-site tenants. Parking spaces shall not be assigned for the exclusive
use of a particular tenant.
13. 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 must
comply with the requirements of this section within 180 days of issuance of the
certificate of occupancy. 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.
14. The Use Permit continues to authorize the use of a Type 47 alcoholic beverage
license issued by the California Board of Alcoholic Beverage Control. This license
allows for full alcohol service for on-site consumption only and only in conjunction with
the service of food as the principal use of the facility.
15. 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.
16. 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 inside the tenant space, provided the noise generated by the proposed use
complies with the provisions of Chapter 10.26 (Community Noise Control) of the
Newport Beach Municipal Code.
17. No outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the restaurant facility.
18. Full menu food service items shall be available for ordering at ail times that the
restaurant establishment is open for business.
19. 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 between the hours of 7:00 a.m. and 6:30 p.m.
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Planning Commission Resolution No. 1982
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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.
20. All mechanical equipment and trash areas shall be screened from adjoining streets.
21. All outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor
Storage, Display, and Activities). Storage outside of the building shall be prohibited,
with the exception of the required trash container enclosure.
22. 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.
23. 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).
24. Trash receptacles for patrons shall be conveniently located inside of the establishment
or within the outdoor seating area. 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.
25. 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.
26. 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.
27. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
28. 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
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approved elements such that they are readily discernible from other elements of the
plans.
29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless the 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 the City's approval of the Westcliff Conditional Use
Permit including, but not limited to, Conditional Use Permit No. UP2015-019 (PA2015-
078). 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, the 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 the
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.
30. There shall be no live entertainment or dancing allowed on the premises.
31. Strict adherence to maximum occupancy limits is required.
32. 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,
33. 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.
34. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system.
35. 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.
36. 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.
37. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
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Planning Commission Resolution No. 1982
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38. 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.
39. If required, a grease interceptor shall be installed prior to the establishment opening for
business to the satisfaction of the Building Division.
40. 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.
41. All improvements shall be constructed as required by Ordinance and the Public Works
Department,
POLICE DEPARTMENT
42. The approval of Minor Use Permit No. UP2015-019 does not permit the restaurant to
operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal
Code, unless the Planning Commission first approves a use permit.
43. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
44. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
45. 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.
46. The quarterly gross sales of alcoholic beverages shall not exceed 30 percent of 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.
47. There shall be no on-site radio, television, video, film or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
48. Strict adherence to maximum occupancy limits is required.
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