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HomeMy WebLinkAbout1790 - DENY AN AMENDMENT TO UP_PORT RESTAURANT AND BAR_440 HELIOTROPE AVERESOLUTION NO. 1790 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING AN AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ali H. Zadeh, with respect to property located at 4 40 Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003. 2. The applicant proposes the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch service on weekends; and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. A public hearing was held on August 20, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. The project involves minor interior alterations involving a negligible expansion of use. Planning Commission Resolution No. 1790 Page 2of3 SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment and dancing are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91.035 of the Zoning Code, the Planning Commission finds it cannot make the findings required to approve the requested amendment to Use Permit No. 1566. Given the location of the restaurant in close proximity to numerous residential units and Two -Unit Residential (RT) land use district, the operation of the restaurant, as proposed, will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • Although the sound test submitted by the applicant indicate that live entertainment can be performed within the restaurant in compliance with the City's Community Noise Control Ordinance, the proposed remodel of the restaurant will significantly open up the dining rooms and bar area to the outdoor atrium patio, which may result in decreased sound attenuation and increased noise generation from the restaurant when live entertainment is performed. • Although the sound test provided an indication of the expected noise levels when live entertainment is provided, the sound tests were performed when the restaurant was relatively unoccupied and do not account for noise levels when the restaurant is operating at capacity with additional noise generated from the activities of restaurant patrons. Also, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. • Memorandums provided by the Code and Water Quality Enforcement Department and the Police Department, indicate complaints have been received from residents in the past regarding the noise generated from the restaurant and from patrons walking to their cars and loitering in the parking lot; the addition of live entertainment and extending the hours of operation for an additional hour is expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The introduction of live entertainment and dancing can potentially transform the restaurant into a nightclub, and due to the close proximity to a residential neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. • Although the applicant states that he has rights to use the off -site parking spaces during weekends, insufficient evidence has been provided to confirm that parking will be available during the requested lunch service and there is no certainty that those parking spaces will remain available for the restaurant's exclusive use. Planning Commission Resolution No. 1790 Paae 3 of 3 2. Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of an off -site parking agreement. The Planning Commission finds it cannot make the findings required to approve Off -Site Parking Agreement No. 2009 -003. A majority of the 20,300- square -foot commercial building located at 2865 East Coast Highway is currently vacant. Sufficient evidence has not been provided illustrating that the off -site parking lot will remain permanently available for use by the restaurant during the weekend lunch hours and uncertainty exists pertaining to the type of use that will occupy the remaining vacant space within the commercial building. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003. 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 SEPTEMBER, 2009. AYES: Eaton, Unsworth, Peotter, Hawkins, Toerge and Hillgren NOES: None ABSTAIN: None ABSENT: McDaniel BY: o rt lawkins, Chairman BY: Charles Unsworth, Secretary