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HomeMy WebLinkAbout1627 - APPROVE UP AMENDMENT _3222 EAST COAST HWYRESOLUTION NO. 1627 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 2001 -040 (PA2003 -225) FOR PROPERTY LOCATED AT 3222 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. John Secretan, with respect to property located at 3222 East Coast Highway and legally described as Parcel 1 of LA2002 -012, requesting an approval of an amendment to Use Permit No. 2001 -040, to allow an existing eating and drinking establishment (Zinc Cafe and Market), to extend the hours of operation to 10:00 p.m., seven days a week and to allow the existing retail /restaurant establishment to operate under a Type "41" (On -Sale Beer and Wine) License. Section 2. On January 17, 2002, the Planning Commission approved Use Permit No. 2001 -040, to allow the operation of an eating and drinking establishment, with an outdoor patio, in a former retail building. The Use Permit approved a waiver of off - street parking requirements by reducing the number of off - street parking spaces from 29 to 11 spaces. Section 3. A public hearing was held on March 18, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at this meeting. Section 4. The Planning Commission finds as follows: 1. The existing location of the establishment needing this Use Permit to extend the restaurant's hours of operation to 10:00 p.m. may generate additional traffic and noise impacts to the surrounding residential neighborhood; and the availability of parking within the municipal parking lot across Coast Highway during evening hours is limited. Due to these potential negative impacts to the existing neighboring uses, the Planning Commission considered and restricted the restaurant to be closed by 8:30 p.m., every day. The request to allow the establishment to sell alcoholic beverages, and the proposed conditions under which it would be operated or maintained, are consistent with the General Plan and the purpose of the district in which the site is located. The request is located within the existing building that is designated and zoned for this commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with it. The plan, as conditioned, meets the design and development standards for eating and drinking establishments, except as specific parking waiver has been granted under Use Permit No. 2001 -040. 2. The operational characteristics of the existing establishment with the addition of alcohol service and the extension of the restaurant's hours to 8:30 p.m., for each night and as conditioned, will not be detrimental to the public health, safety, peace, morals, comfort, ' City of Newport Beach Planning Commission Resolution No. Page 2 of 8 or welfare of persons residing or working in or adjacent to the neighborhood for the following reasons: a. The operational characteristics and location of the existing use are such that it is a community serving use with some pedestrian oriented traffic. b. The change in the operational characteristics for an increase in the hours of operation is an expansion of the food service portion of the facility. C. The later closing time is being requested to accommodate the principal purpose of the sale of food and beverages at dinner time. d. The on -site parking lot of 11 spaces is available to accommodate the dinner patrons. A municipal parking lot is located in close proximity to be useful for additional parking, which in turn, will not impact the nearby residential neighborhood. d. No dancing or live entertainment will be provided on the premises. 3. The request for a Type "41" License is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with an existing restaurant and its retail component that is complimentary to the surrounding uses along Coast Highway in the Corona del Mar community. Alcohol service is typical and expected by the public in a full - service, dining restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed request. C. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. d. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is approximately the same percentage as citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcohol related crime. e. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site, except the residential properties located behind the alleyways. The use as restricted by the attached conditions of approval should mitigate any nuisances to the neighboring residential areas. City of Newport Beach Planning Commission Resolution No. Page 3 of 8 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 5. Based on the aforementioned findings, the Planning Commission hereby approves an Amendment to Use Permit No. 2001 -040, subject to the Conditions set forth in Exhibit "A ". Section 6. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18'' DAY OF MARCH, 2004. AYES: Eaton, Cole, Kiser, Selich and Tucker NOES: Toerge and McDaniel BY Earl McDaniel, Chairman BY: Mich oerge, Secretary City of Newport Beach Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2001 -040 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated November 2, 2001. Additionally, development of the project shall be in substantial conformance with the floor plan exhibit prepared by staff and dated January 17, 2002, which designated the uses for each section of net public area. 2. The Planning Commission Resolution No. 1549 is hereby voided from this date forward upon approval of Resolution of Amendment to Use Permit No. 2001 -040. 3. Amendment Use Permit No. 2001 -040 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. In the event that the applicant chooses not to exercise this Amendment, then Planning Commission Resolution No. 1549 shall be then in affect for the existing establishment. 4. The total net public area as identified as Areas "A," "B," and "C" on the floor plan exhibit prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The areas identified as Areas "D" and "E" on the floor plan exhibit prepared by staff dated January 17, 2002 shall be devoted to retail use and shall not exceed 272 square feet. 5. The parking ratio for the restaurant portion of the project shall be 1 space for every 50 square feet of net public area. The parking ratio for the retail portion of the project shall be 1 space for every 250 square feet. Eleven parking spaces shall be provided on -site at all times. 6. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway or the public alley. Deliveries shall be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall be permitted before 6:00 am or after 10:00 pm. 7. The exterior patio shall not exceed 250 square feet. 8. 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. 9. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (i.e., three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. City of Newport Beach Planning Commission Resolution No. Paqe 5 of 8 10. The operator of the food service use shall be responsible for the clean up of all on -site and off -site trash, garbage, and liter generated by the use. Employees of the premises shall pick up trash from the ground of the trash enclosure on a daily basis. 11. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 12. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 13. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 14. Operator is required to purchase employee parking permits and the employees shall be required to parking in the municipal parking lot. 15. Hours of operation are limited to the following schedule: Restaurant: 7:00 a.m. to 8:30 p.m. (everyday) (The last seating shall be 8:00 p.m., everyday.) Retail & Espresso Bar: 7:00 a.m. to 10:00 p.m. (everyday) 16. The use of the rear door shall be limited to employee use only and shall be prohibited between the hours of 10:30pm and 6:OOam. Use of the rear door by customers or patrons shall be prohibited. 17. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 18. Any change in operational characteristics, hours of operation (for either restaurant or retail and espresso bar), expansion in public area or other modification to the floor plan (including patio dining area), shall require amendment to this Use Permit or the processing of a new Use Permit. City of Newport Beach Planning Commission Resolution No. Pape 6 of 8 19. Should this business 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. 20. No audible paging system or speaker system shall be utilized any where on the premises at any time. 21. No background music shall be allowed in the patio dining area. 22. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the provisions of Chapter 10.26 of the 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: 23. 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 of the 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. 24. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. Between the hours of Between the hours of TOOAM and 10:OOPM and 10:0OPM 7:OOAM Location Interior F Exterior Interior Exterior Residential Property 45dBA I 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA ro ert Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 23. 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 of the 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. 24. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. City of Newport Beach Planning Commission Resolution No. Paae 7 of 8 26. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 27. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. Off -sale retail may be permitted provided it is subsidiary to the related sales of food or other goods. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 28. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 29. This 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. 30. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 33. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 34. 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 that are clearly visible to the exterior shall constitute a violation of this condition. City of Newport Beach Planning Commission Resolution No. Page 8 of 8 35. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 36. A twelve -month review shall be conducted to address the employee's parking arrangement, the existing trash condition, and on -site delivery.