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HomeMy WebLinkAbout1641 - APPROVE UP AMENDMENT AND OD AMENDMENT_3025 EAST COAST HWYRESOLUTION NO. 1641 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3235 AND AN AMENDMENT TO ACCESSORY OUTDOOR DINING PERMIT NO. 75 FOR PROPERTY LOCATED AT 3025 EAST COAST HIGHWAY (PA2003 -294). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, An application was filed by Houshang Khademi, owner of La Fogata, with respect to property located at 3025 East Coast Highway, requesting approval of an amendment to Use Permit No. 3235 requesting approval for six additional seats, approval for the sale of alcoholic beverages (Type 41 - On-Sale Beer and Wine- Eating Place) pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and approval of an amendment to Outdoor Dining Permit No. 75 to alter the patio seating arrangement. The site is designated Retail & Service Commercial by the General Plan Land Use Element and is located within the RSC Zoning District. WHEREAS, A public hearing was held on July 8, 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 given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, The Planning Commission finds as follows: 1. The City's General Plan designates the site as Retail & Service Commercial. The Zoning Code designates the site as Retail and Service Commercial, which allows the site to be used for commercial uses. Eating and Drinking Establishments with accessory beer and wine sales are permitted uses within the General Plan and the Zoning Code designations. 2. The location for the proposed Eating and Drinking Establishment requiring this amended Use Permit and amended Outdoor Dining Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial Zoning District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The location of the restaurant is in a commercial area of Old Corona Del Mar. Surrounding land uses are dominated by a variety of resident and visitor serving retail commercial and eating and drinking establishments. Restaurant uses are expected to be found in this and similar locations and Planning Commission Resolution No. Paoe 2 of 8 are complimentary to the surrounding resident and visitor serving commercial uses and residential uses. The existing establishment operated under Use Permit No. 3235 and Outdoor Dining Permit No. 75 has not proved detrimental to the area. b. The modest increase in net public area and seating with the change in operation from a take -out establishment to a small scale restaurant will reduce the potential parking demand conflicts. c. The project design and operational characteristics including the existing waiver of the Restaurant Development Standards and 4 parking spaces, as conditioned, meets the intent of the Zoning Code. 3. The on -site alcoholic beverage service requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, sit -down eating and drinking establishment. Alcoholic beverage service is typical and expected by the public at this type of restaurant; b. The number of alcohol licenses within the reporting district and adjacent reporting districts is not significantly high given the commercial nature of the district and the corresponding high concentration of restaurants. c. The project site is not located in close proximity to day care centers, schools or places of religious assembly. d. The Police Department has reviewed the proposed project and does not believe that approval of this project will cause an increase in the number of alcohol related incidents. e. The sale of alcoholic beverages for on -site consumption is in a building that is designated and zoned for commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with the on -site sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 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). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. Planning Commission Resolution No. Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves an amendment to Use Permit No. 3235 and an amendment to Accessory Outdoor Dining Permit No. 75, subject to the Conditions set forth in Exhibit "A ". Section 2. 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 8th DAY OF JULY 2004. AYES: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Daigle ABSENT: BY: V 'Z � , Chairman BY: Secretary Planning Commission Resolution No. Paae 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 3235 Amended No. 2 and Accessory Outdoor Dining Permit No. 75 Amended No. 1 1. Use Permit No. 3235 Amended No. 2 and Accessory Outdoor Dining Permit No. 75 Amended No. 1 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit/Accessory Outdoor Dining Permit or the processing of a new Use Permit/ Accessory Outdoor Dining Permit. 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 approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. 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 the current owner or leasing company. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit/Accessory Outdoor Dining 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. 8. Should this alcohol license be transferred, any future license holders, operators or assignees shall be noted of the conditions of this approval by either the current licensee or business operator. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 9. The project shall be in substantial conformance with the approved floor plan dated June 30, 2004 except that the total interior seating shall not exceed twenty -five (25). Planning Commission Resolution No. 5of8 10. All development standards pertaining to traffic circulation, walls, landscaping, utilities, parking lot illumination and a portion of the required parking (21 spaces) shall be waived. 11. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. daily for the interior dining room and outdoor patio. Any increase in the hours of operation shall be subject to the approval of an amendment to this application and approval of an amendment to this Use Permit/Accessory Outdoor Dining Permit. 12. All employees are required to park on site. 13. There shall be no live entertainment and/or dancing at any time. 14. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 15. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the alcoholic beverage license type shall be subject to the approval of an amendment to this Use Permit and may require the approval of the Planning Commission. 16. 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 approval of this Use Permit. 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. 17. 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. 18. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 19. No "happy hour' type reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 20. Full meal service shall be provided during all hours of operation. Planning Commission Resolution No. Paae 6 of 8 21. Sales, delivery and consumption of alcoholic beverages is restricted to and within the confines of the building portion and delineated outdoor dining area of the premises. Sales or delivery of alcoholic beverages through any pass -out window is prohibited. 22. Alcoholic beverage sales, delivery and consumption is subject to the review and approval of the California Board of Alcoholic Beverage Control. 23. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sale 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 City on demand. 25. 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. 26. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining a Special Event Permit issued by the City. 27. The applicant and or operator shall not share 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. 28. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. 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 periods unless the ambient noise level is higher: Planning Commission Resolution No. Paae 7 of 8 29. If problems arise with regard to noise associated with the outdoor dining areas, the Planning Department shall require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 30. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 31. 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. 32. The exterior of the eating and drinking establishment/alcoholic beverage outlet 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. 33. 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. 34. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited. 36. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 37. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and Public Works Department. Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 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 property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 29. If problems arise with regard to noise associated with the outdoor dining areas, the Planning Department shall require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 30. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 31. 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. 32. The exterior of the eating and drinking establishment/alcoholic beverage outlet 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. 33. 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. 34. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited. 36. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 37. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and Public Works Department. Planning Commission Resolution No. Paae 8 of 8 38. Grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the uniform Plumbing Code, unless otherwise approved by the Building Department. 39. The accessory outdoor dining area shall be used in conjunction with the related adjacent food establishment and shall be limited to a maximum of 108 square feet as shown on the approved plan and is permitted a maximum of 4 tables and 8 seats. 40. The outdoor patio facility shall be limited to the area as delineated on the approved plan. A 44 -inch wide path of travel from the adjacent suite exit to the parking lot, shall be marked upon the floor of the outdoor patio. The exact location of this path shall be subject to the review and approval of the Building and Fire Department. Within 30 days of this approval, the applicant shall call the Code and Water Quality Enforcement Division (at 949 - 644 -3215) to schedule an inspection of the pavement markings to verify that compliance with the approved seating plan and Building Code. Any additional seating beyond what is shown the plan is not permitted. Failure to comply with this condition will result in code enforcement action if patio seating continues to be used. 41. The tables shall be anchored to the ground to prevent movement of the tables and chairs outside of the approved outdoor dining area and to maintain the pedestrian access into the subject facility and across the front of the tenant space by patrons of other businesses in the shopping center. 42. Prior to final City approval for the issuance of the ABC license by the State or within 30 days of this approval, separate gender restroom facilities shall be accessible to patrons during the regular business hours of the restaurant facility. A sign shall be posted at the order counter of the restaurant notifying patrons of the restroom location and access procedures. Additionally, the signage on the restroom doors shall be changed to indicate separate men's and women's facilities. The applicant shall contact the Planning Department to schedule an appointment to verify installation of the required sign specified by this condition of approval. Failure to comply with this condition will result in code enforcement action. 43. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises is prohibited, unless otherwise approved by the Fire Department.