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HomeMy WebLinkAbout1759 - APPROVE UP, OD, OP, AND ADOPT MND_2421 COAST HWYRESOLUTION NO. 1759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -010, ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001, AND OFF - SITE PARKING AGREEMENT NO. 2007 -001 AND ADOPTING MITIGATION NEGATIVE DECLARATION (SCH NO. 2008 - 041099) ON PROPERTY LOCATED AT 2421 COAST HIGHWAY (PA2007 -063) WHEREAS, an application was filed by Collection Investments Corona del Mar, Inc. with respect to property located at 2421 Coast Highway, and legally described as Parcel 1 of Parcel Map filed in Book 68, page 8 of Parcel Maps Records of Orange County, requesting an approval of Use Permit to allow the operation of a 3,820 square - foot full - service, high turnover eating and drinking establishment with a net public area of 640 square feet, and to allow alcohol beverage service of beer and wine with a Type "41" ABC License (On -Sale Beer and Wine Eating Place), Accessory Outdoor Dining Permit approval to allow the construction and operation of a 160 square -foot outdoor dining area in conjunction with the proposed full- service restaurant, and Off -site Parking Agreement approval of 10 spaces to satisfy the off - street parking requirement for the proposed restaurant utilizing the off -site property located at 7 Corporate Plaza; and WHEREAS, on September 20, 2007, the Planning Commission approved Resolution No. 1732 to allow the operation of a full- service restaurant with alcoholic beverage service of beer and wine, and an outdoor dining area with an 10 -space off -site parking arrangement located at 7 Corporate Plaza. The project was subsequently appealed by the City Council; and WHEREAS, on November 27, 2007, after some discussion, the City Council granted the request for a four -month continuation to March 25, 2008, to allow the applicant additional time to reevaluate the on -site parking arrangement and traffic circulation issues, and to address the additional concerns /issues subsequently raised after the Planning Commission's approval; and WHEREAS, on March 25, 2008, the City Council referred the Panini Cafe project back to the Planning Commission to consider the supplemental materials of an Initial Study /Negative Declaration and Parking and Internal Circulation Study as they were not a part of the original application that was considered by the Planning Commission; and WHEREAS, on June 5, 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, a use permit for the proposed restaurant may be approved in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: City of Newport Beach Planning Commission Resolution No. Paae 2 of 13 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 subject property is located within the Retail Service Commercial (RSC) Zoning District, which is intended to provide the Corona del Mar area with commercial services for permanent residences and visitors of the area. Restaurant uses are permitted within this designation with the approval of a use permit. The operational characteristics and location of the proposed restaurant use are such that it is a community serving use with some pedestrian oriented traffic. The proposed restaurant is consistent with this designation. In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering food and beer and wine sales to restaurant patrons. The location of the use is considered appropriate given the fact that the site is not located in close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 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. Facts in Support of Finding: The proposed restaurant is consistent with the land use designation of the General Plan and the Coastal Land Use Plan. The restaurant has been conditioned in such a manner to meet the intent of the Zoning Code regulations, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. The Planning Commission determined that the parking ratio of 1 space per 40 square feet of net public area is adequate for the proposed restaurant. With this parking ratio, the required number of parking spaces is 16 spaces. The applicant proposes a total of 22 spaces: 12 spaces for patron parking within the property's existing parking garage with valet service and 10 spaces for employee parking located at 7 Corporate Plaza. The utilization of off -site employee parking spaces is critical to avoiding patron parking shortages and negative traffic impact on nearby residential streets. The Planning Commission also supported the applicant's request to increase the number of parking spaces within the garage structure from 12 to 16 spaces based on testimony that the previous valet parking arrangement in the garage could accommodate up to 17 spaces. The efficiency of valet parking operation would prevent traffic impacts in the adjacent alley during peak customer hours. City of Newport Beach Planning Commission Resolution No. Paqe 3 of 13 In accordance with the requirements of Chapter 20.89, approval of the Alcoholic Beverage Outlet is subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates including numbers of alcohol related crimes, and impacts to the surrounding community. Detailed analysis of the ABC application is discussed below under the Alcoholic Beverage Outlet Ordinance Section. The Police Department has reviewed the project and has determined that the sale of beer and wine in conjunction with the proposed restaurant will not result in an increase in alcohol - related crimes and will not result in an over - concentration of alcoholic beverage outlets since the request is to transfer the existing license from an existing restaurant to the subject location. The proposed restaurant, including beer and wine sales, will not have a negative impact on the surrounding community. 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 request to allow the operation of a restaurant which includes the serving of alcoholic beverages on the premises 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. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. WHEREAS, an off -site parking agreement for the 10 parking spaces located at 7 Corporate Plaza has been prepared in accordance with Section 20.66.080, Off - Street Parking based on the following facts and findings in support of such findings: 1. Finding: Such lot is so located to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: The off -site lot is located on the north side of Coast Highway, west of Avocado Avenue. The applicant is proposing to utilize these spaces for employee parking. No valet parking will be provided. The restaurant employees will be given maps showing the location of the parking lot and will be instructed to park at the proper location. Pedestrian access is afforded at the signalized intersection at Avocado Avenue. 2. Finding: Parking on such lot will not create undue traffic hazards in the surrounding area. City of Newport Beach Planning Commission Resolution No. Paae 4 of 13 Facts in Support of Finding: The use of off -site parking lot will not create undue traffic hazards in the surrounding area. The employees will be instructed to cross Coast Highway at the pedestrian crossing at Avocado Avenue to and from the off -site parking lot. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: A 5 -year term parking agreement with a 5 -year renewal option has been secured with the property owner of the off -site parking lot. Documentation has been submitted by the property owner that the off -site parking spaces have not been leased to any other business than the applicant. The provision of 10 parking spaces in the off -site lot, and the recordation of the agreement with the County Recorder's office are required to ensure the availability of the spaces for the use. WHEREAS, the following findings are appropriate for approval of an Accessory Outdoor Dining Permit pursuant to Section 20.82.050 (B) of the Zoning Code: 1. Finding: That the proposed outdoor dining is accessory to the eating and drinking establishment. Facts in Support of Finding: The proposed outdoor dining area is accessory to the proposed 3,820 square -foot restaurant. The restaurant' s total net public area would be 640 square feet. The applicant proposes to have an outdoor dining area of 160 square feet which is 25 percent of the net public area of the proposed restaurant and thereby is consistent with Municipal Code Section 20.82.050 (A) that limits accessory outdoor dining areas to 25 percent of the restaurant's interior net public area, or 1,000 square feet, whichever is less. 2. Finding: The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Facts in Support of Finding: The use is accessory to the proposed restaurant use which would be subject to conditions of approval that include limitations on hours of operation and number of seats for patrons. The proposed location of the outdoor dining area would not cause noise impacts to the nearby residential uses. 3. Finding: That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. City of Newport Beach Planning Commission Resolution No. Paae 5 of 13 Facts in Support of Finding: The proposed outdoor dining area will be located in front of the existing building, adjacent to the public right -a -way along Coast Highway, and thereby will not result in a reduction of the existing parking spaces located in the parking garage. Section 20.82.050 (A) of the Municipal Code does not require additional parking for accessory outdoor dining areas. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K -3. The draft MND was circulated for public comment between April 18 and May 19, 2008. During the public comment period, comments were received from the Native American Heritage Commission, Department of Transportation, the Southern California Association of Governments (SCAG), Joel D. Kuperberg of Rutan & Tucker, LLP, Lila Crespin, MMorgan 13 RR, and Dennis Baker. The contents of the environmental document, including comments on the document, have been considered in reviewing this project; and WHEREAS, at its June 5, 2008 hearing, the Planning Commission heard additional public comments and input from staff and consultants; and WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated; and WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby adopts Mitigated Negative Declaration SCH No. 2008 - 041099, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A" and approves Use Permit No. 2007 -010, Off -site Parking Agreement No. 2007 -001 and Accessory Outdoor Dining Permit No. 2007 -006, subject to Conditions of Approvals in Exhibit "B" attached hereto and made part hereof. The document and all material, which constitute the record upon which this decision was based, are on file City of Newport Beach Planning Commission Resolution No. Paae 6 of 13 with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 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 Sth DAY OF JUNE 2008. AYES: Eaton, Peotter, Cole. Hawkins. McDaniel and Hillgren NOES: Toerge BY: �--T V f " o Robert Hawkins, Chair4nan City of Newport Beach Planning Commission Resolution No. Paae 7 of 13 EXHIBIT "A" Panini Cafe Mitigation Monitoring Program for Mitigated Negative Declaration - SCH No. 2008 - 041099 Method OFF Timing of No. Miti anon Measure Verification Implementation Responsibility Traffic and Circulation Prior to issuance of the building permit, the applicant shall prepare the Final Valet Parking Plan based on Option 1. Valet parking plan (Valet Stand in Two-Way Alley), shall reflect Public Works MM -1 detailed striping plans for the Plan Check Prior to Issuance of the Department/ proposed parking and also illustrate Building Permit City Traffic the manner in which the operational Engineer characteristics of the parking plan will occur. This Parking Plan will be submitted to the City Traffic Engineer for review and approval. Prior to issuance of the building permit, the project applicant shall prepare an Employee Parking Plan and submit that plan for review and Public Works approval by the City Traffic Engineer. Prior to Issuance of the Department/ MM -2 The Employee Parking Plan shall Plan Check Building Permit City Traffic identify the manner in which Engineer enforcement will be carried out to ensure that employees do not parking in the nearby residential neighborhood. City of Newport Beach Planning Commission Resolution No. Paoe 8 of 13 EXHIBIT "B" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -010, OFF -SITE PARKING AGREEMENT NO. 2007 -001 & ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006 Conditions in bold - italics are project specific conditions. All others are standard conditions. Planning Department The approval of this resolution rescinds and supersedes Planning Commission Resolution No. 1732. 2. The development shall be in substantial conformance with the site plan and floor plan dated May 28, 2008. 3. The total net public area for the entire restaurant shall not exceed 640 square feet and 36 seats. 4. The accessory outdoor dining area shall be limited to 160 sq. ft. and 12 seats. 5. The hours of operation of the restaurant including the outdoor dining area are limited to the hours of 7:00 a.m. to 10:00 p.m., daily. 6. The accessory outdoor dining area shall be used in conjunction with the proposed full - service restaurant No special events, promotional activities, private functions or private parties shall be allowed within the outdoor dining area. 7. No amplified music or entertainment is permitted in the outdoor dining area. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area. 8. Roof coverings over the outdoor dining area shall not create a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit. 9. A total of 22 parking spaces: 12 on -site for patrons only, and 10 off -site shall be provided at all times. 10. The 10 off -site parking spaces located at 7 Corporate Plaza shall be designated and used for employee sell- parking only. No patron parking shall be allowed at any given time. City of Newport Beach Planning Commission Resolution No. Paoe 9 of 13 11. An off -site parking agreement, subject to the review and approval by the City Attorney's office, shall be recorded. The agreement shall guarantee a total of 10 off- street parking spaces located at 7 Corporate Plaza for the use authorized on the subject property. 12. If, in the opinion of the Planning Director or City Traffic Engineer, the restaurant creates parking congestion at the sites, the applicant shall immediately resolve the congestion problem by reducing restaurant seating, or increasing parking attendants, or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised valet operation /parking management plan. 13. The applicant or operator of the restaurant shall immediately notify the Planning Director of any termination of, or default relative to the agreement for off -site parking required as a condition of this approval. 14. Upon notification that the agreement for the required off -site parking has terminated or a reduction in the number of parking spaces provided thereunder, the Planning Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Director; or b. The size or capacity of the restaurant use is reduced in proportion to the number parking spaces lost. 15. No live entertainment or dancing shall be permitted in conjunction with the permitted restaurant use. 16. Storage outside of the building in the front or at the rear of the property shall be prohibited. 17. 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. 18. The Planning Commission may add to or modify conditions of approval to this use permit, accessory outdoor dining permit, off -site parking agreement or revoke these approvals upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Commission may also revoke these permits and agreement upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. City of Newport Beach Planning Commission Resolution No. Paae 10 of 13 19. These approvals shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. 20. A new trash enclosure with masonry walls and a self - locking gate shall be constructed. All trash shall be stored within water -tight trash containers stored within the trash enclosure. The watertight trash containers shall have lids or tops that remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 21. 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 22. 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. 23. All deliveries shall be scheduled outside of peak operating hours of the use so that no access will be blocked. No deliveries shall be permitted before 7:00 a.m. or after 6:00 p.m. 24. 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. 25. 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. 26. The use of the rear entry door shall be prohibited between the hours of 11:OOpm and 6:OOam. 27. Any change in operational characteristics and /or hours of operation of the restaurant, shall require amendment to this Use Permit or the processing of a new Use Permit. City of Newport Beach Planning Commission Resolution No. Page 11 of 13 28. 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. 29. No audible paging system or speaker system shall be utilized any where on the premises at any time. 30. 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. 31. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 32. 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. 33. 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. 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. 34. 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. 35. 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 City of Newport Beach Planning Commission Resolution No. Paae12of13 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. 36. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 37 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. 38. 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. 39. 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. 40. The use permit approval does not permit the premises 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. 41. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sales of drinks. 42. A noticed twelve -month review by the Planning Commission, from the date of commencement of the restaurant operation, shall be required. The Planning Director shall have the discretion to call for an earlier review if needed. Public Works Department 43. The area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to providing periodic steam cleaning of the public sidewalks as required by the Public Works Department. 44. The existing garage opening width shall be maintained at ff -9" minimum to accommodate two -way traffic into and out of the garage. City of Newport Beach Planning Commission Resolution No. Page 13 of 13 45. The clearance height shall be clearly posted at the entrance to the parking area above the opening. 46. The valet parking shall be provided during all business hours. The valet operation shall be staffed in a manner to eliminate back up/storage of vehicles on public property. No more than 16 vehicles shall be parked on site at one time. 47. Valet signage shall not be placed within the public right -of -way. 48. Valet drop -off, pick -up, and deliveries shall occur via the alley within the subject property. Valet operations and deliveries shall not impact ingress and egress to the adjacent commercial and residential properties. 49. No portion of the accessory outdoor dining area including any patio cover/awning shall extend into the public right -of -way. 50. When cleaning the accessory outdoor dining area, debris shall not be swept, washed, or blown into the public right -of -way. Building Department 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. 52. A grease interceptor shall be provided. 53. Structural analysis for the change of occupancy shall be required. 54. A van - accessible handicap parking space with an eight -foot accessible loading area shall be provided and maintained at all times during restaurant operation. The applicant shall coordinate with the Building Department for ADA compliance. Fire Department 55. A 5 -year certification shall be required for the fire sprinkler system. 56. A Type 1 Hood and Kitchen Suppression System shall be required.