Loading...
HomeMy WebLinkAbout1754 - APPROVE AN AMENDMENT TO UP AND MD_3110 NEWPORT BLVDRESOLUTION NO. 1754 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 2004 -049 AND APPROVING MODIFICATION PERMIT NO. 2007- 092 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3110 NEWPORT BOULEVARD (PA2007 -255) WHEREAS, an application was filed by Rudy's Pub & Grill (Eric D. Aust, applicant) with respect to property located at 3110 Newport Boulevard, and legally described as Lot 3, 4, 5, 6, 7 and 8 in Block 431, Lancaster's addition to Newport Beach, as per Map Recorded in Book 5, page 14 of Miscellaneous Maps in the office of the Orange County Recorder, requesting approval of an amendment to Use Permit No. 2004 -049 to permit the addition of 243 square feet of storage area on the first floor and to enclose an existing 135 - square -foot patio on the second floor for office use, and approval of a modification permit to allow the enclosure of a second floor patio that encroaches 4 feet into the required 10 -foot alley setback; and WHEREAS, on April 17, 2008, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, an amendment to Use Permit UP 2004 -049 for the proposed changes to the existing eating and drinking establishment has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located within the Cannery Village /McFadden Square Specific Plan District (SP-6) with a land use designation of Specialty Retail (SR). The Cannery Village area is intended to serve as an active pedestrian- oriented specialty retail area with a wide range of visitor - serving, neighborhood commercial, and marine - related uses. Eating and drinking establishments are a permitted use in the Specialty Retail land use designation subject to the approval of a use permit. The use of the site will remain consistent with the SP -6 /SR designation. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the 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. City of Newport Beach Planning Commission Resolution No. Page 2 of 12 Facts in Support of Finding: The existing restaurant is consistent with the Visitor Serving Commercial land use designation of the General Plan, and with the SP- 6/SR designation. The conditions under which the existing establishment shall continue to be operated and maintained are consistent with the land use designations, and comply with the applicable zoning regulations of the SP -6 District. The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment 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 the use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The project site is located in a commercially designated area and surrounded by visitor - serving, retail and commercial uses, with some mixed residential /commercial uses to the east of the site. Restaurant uses, with appropriate conditions, are compatible with the surrounding uses. • The project site has been maintained for restaurant uses since 1970 and has not proven to be a public nuisance or detriment to the neighborhood or community. • The additional square footage on the first floor will provide for more storage space and a new trash enclosure, which will alleviate storage overflow and will aesthetically improve the undeveloped side yard area. • Existing conditions of approval will be carried forward from Use Permit No. 2004 -049 with this amendment that address public safety, noise regulations, water quality, and property maintenance. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment would comply with the land use and development regulations of the SP -6 /SR District, and would substantially comply with the restaurant design and development standards for a full - service, high turnover eating and drinking establishment. The reduction of one surplus parking space was granted by Use Permit No. 2004 -049 due to the availability of metered parking adjacent to City Hall, metered parking in the municipal parking lot located at Villa Way and 30th Street, and street parking in the area, and the fact that patrons in the area tend to walk or ride bicycles to the establishment. City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 12 WHEREAS, Modification Permit No. 2007 -092 to allow the enclosure of an existing 135 - square -foot patio located on the second floor that encroaches 4 -feet into the required 10 -foot alley setback has been prepared in accordance with Section 20.93.030 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: A modification permit was originally granted in 1970 to allow relief of a 10 -foot wide street dedication for Newport Boulevard. On March 3, 2005, the Planning Commission approved Modification Permit No. 2004 -089 to allow the existing second floor office space and patio areas to encroach 4 feet into the required 10 -foot alley setback. The granting of this Modification Permit is a minor revision to the previously approved modifications to allow encroachments into the required 10 -foot alley setback. In this case, the practical difficulty associated with the site is the 10 -foot wide street dedication, the size of the lot, and the location of the existing building, which currently encroaches 4 feet into the 10 -foot alley setback on both the first and second floors. The existing patio is covered by a solid roof and supported by solid walls and columns. Strict application of the required 10 -foot setback would not be practical. Consistent with Sections 20.62.040 and 20.62.050 (Nonconforming Structures and Nonconforming Parking) of the Zoning Code, the proposed expansion to allow floor area to be added to an existing legal nonconforming structure is within the limits permitted by right. 2. Finding: The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: Many of the existing properties in the neighborhood encroach to some degree into alley setbacks, including the buildings in the subject block. The enclosure of the second floor patio will not alter the footprint of the existing building. Two -story structures directly adjacent to an alley are similar to and compatible with existing development in the neighborhood. Finding: The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. City of Newport Beach Planning Commission Resolution No. Paqe 4 of 12 Facts in Support of Finding: The enclosure of the second floor patio will not result in any additional encroachment into the required 10 -foot alley setback or change the footprint of the existing structure. The existing second floor area has been in its present configuration since 2005 and has not proven to be detriment to the neighborhood. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act, because the proposed 378 - square -foot addition of gross floor area is minor in nature. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 2004 -049, and approves Modification Permit No. 2007 -092, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF APRIL 2008. A g! y 4illg—ren, —Secretary AYES: Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren NOES: None City of Newport Beach Planning Commission Resolution No. Paae 5 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2004 -049 MODIFICATION PERMIT NO. 2007 -092 (Project - specific conditions noted in italics) Planning Department The following conditions herein replace and supersede the previous conditions of approval dated March 3, 2005, upon implementation of this amendment to Use Permit No. 2004 -049, and approval of Modification Permit No. 2007 -092. 2. The development shall be in substantial conformance with the site plan, floor plan and elevations dated February 4, 2008. 3. Use Permit No. 2007 -030 and Modification Permit No. 2007 -092 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 and Section 20.93.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. 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. 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. 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. 7. Any change in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new use permit. 8. The applicant shall comply with all applicable 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. City of Newport Beach Planning Commission Resolution No. Page 6 of 12 9. Should this business be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or 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. 10. The second floor office space shall only be used for commercial activities associated with and in support of the eating and drinking establishment. The office area shall not be leased or rented as a separate use. 11. The remaining open patio area on the second floor of the building shall not be enclosed and shall remain as shown on the plans dated February 4, 2008. 12. The second floor patio and office areas are for use by restaurant employees and owners only. Establishment patrons are restricted from accessing or otherwise using these areas. 13. The exterior surface of the easterly wall of the building, located adjacent to the alley, shall be painted or resurfaced in a color or material that will compliment the existing fagade of the building, and the 243 - square -foot addition to the north side of the building shall be finished in a color or material that compliments the fagade of the building. The applicant shall submit a color and material board for review and approval by the Planning Director prior to issuance of the building permit(s). 14. 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. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 16. 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 Department. 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). City of Newport Beach Planning Commission Resolution No. Paae 7 of 12 17. A new trash enclosure shall be constructed as depicted on the plans dated February 4, 2008, and the design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 18. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 19. Lighting of the parking lot shall be in conformance with Section 20.82.040.A.7 of the Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures. 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. The authorized use of the building is an eating and drinking establishment as defined by Title 20, and full meal service shall be provided during all hours of operation. The use shall not be operated as a `bar" without full meal service or a nightclub as these uses are not authorized. 22. 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 Planning Department on demand. 23. No dancing is permitted at any time. 24. Live entertainment is permitted upon receipt of a Live Entertainment Permit issued by the City Manager. 25. Live entertainment is limited to the interior of the building and shall cease to occur at 10:00 p.m. 26. Hours of operation for the establishment are 6:00 a.m. and 2:00 a.m. daily. The 310 -square-foot outdoor dining patio located near Newport Boulevard shall be closed at 1:00 a.m. daily. City of Newport Beach Planning Commission Resolution No. _ Paae 8 of 12 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:00 p.m. daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. 28. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. The Planning Director may also restrict the hours of operation of the exterior patio should noise generated from use of the patio create an unacceptable negative impact on the surrounding area. 29. No audible paging system shall be utilized in conjunction with this establishment. 30. No recorded music or other type of sound amplification shall be allowed within the outdoor patio area. 31. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 32. A Special Event 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. Any event or activity staged by an outside promoter or entity, where the applicant, operator, 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. 34. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 35. 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 City of Newport Beach Planning Commission Resolution No. Paoe 9 of 12 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. 36. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the approved use shall be a Type 47 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. The consumption of alcoholic beverages shall be limited to the interior of the restaurant and the outdoor dining areas only. 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. 37. 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. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 39. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 40. 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. 41. The outdoor dining/patio areas shall be maintained as approved pursuant to plan check number 0761 -2005. Any change to the outdoor dining /patio areas shall require the prior approval of the Public Works, Building, and Planning Departments. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 42. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan, pursuant to plan check number 0761 -2005. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems City of Newport Beach Planning Commission Resolution No. Page 10 of 12 shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 43. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 44. A total of 27 parking spaces shall be maintained and available for parking at all times. The location, and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated February 4, 2008. 45. The covered parking stall adjacent to the alley as shown on the floor plan shall be designated and signed as employee parking only. This parking space shall not be further enclosed in any fashion or made unavailable fur parking purposes. 46. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 47. Outdoor storage of any kind is prohibited. 48. All utility connections shall be placed underground. 49. Prior to the issuance of a building permit, unless otherwise approved by the Building and Public Works Department, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building and Public Works Departments. Building Department 50. All exits shall remain free of obstructions and available for ingress and egress at all times. 51. 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. 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. City of Newport Beach Planning Commission Resolution No. Page 11 of 12 52. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 53. A grease interceptor of adequate size and design shall be provided pursuant to the requirements of the Building Code and Building Department. 54. 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 maintained at all times, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 55. Strict adherence to maximum occupancy limits is required. 56. The location of maximum occupancy postings in sections of the building/patios shall be maintained as approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 57. The proposed use of the site shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be property labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. Fire Department 58. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the California Electrical Code or California Mechanical Code, 2007 Edition. 59. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. Public Works Department 60. The project shall conform to sight distance standard 110 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Any change to the design of the project, as depicted on the plans date February 4, 2008, shall be reviewed and approved by the City Traffic Engineer. City of Newport Beach Planning Commission Resolution No. Paae 12 of 12 61. Any change to the final design of all on -site parking, vehicular circulation and pedestrian circulation, as depicted on the plans dated February 4, 2008, shall be subject to the prior approval of the Traffic Engineer.