Loading...
HomeMy WebLinkAbout1802 - APPROVE UP_3536 EAST COAST HWY AND OP_409 ORCHID AVERESOLUTION NO. 1802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -035 FOR A FULL SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT LOCATED AT 3536 EAST COAST HIGHWAY AND OFF - STREET PARKING AGREEMENT NO. OP2010 -001 LOCATED AT 409 ORCHID AVENUE (PA2009- 148) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shawn Lim, with respect to property located at 3536 East Coast Highway, and legally described as Lot 4, Block U and Tract 323 requesting approval of a Use Permit and an Off - Street Parking Permit. 2. The application consists of a use permit that would supersede Planning Director's Use Permit No. 29 and allows for the following: 1) Change the restaurant land use classification from full- service, small -scale to full - service, high- turnover; and 2) Enlarge the outdoor dining area. The application also includes an off -site parking agreement for 15 parking spaces at a property located at 409 Orchid Avenue, which is necessary to satisfy the code - required parking for the expanded use. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is [Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 4, 2010 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. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). 1. The project qualifies for a categorical exemption pursuant to Section 15303 y (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The project consists of expanding an outdoor dining area for an existing eating and drinking establishment and only minor modifications are being made. Planning Commission Resolution No. 1802 Paqe 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.66.080 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the off -site parking agreement: Finding: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A -1. The subject off -site parking lot is located directly across the alley from the subject restaurant and is within walking distance (approximately 50 feet) from restaurant. Therefore, staff finds that the parking lot can be useful in connection with the proposed use. Finding: B. Parking on such lot will not create undue traffic hazards in the surrounding area. Facts in Support of Finding: B -1. The Public Works Department has confirmed that over the past three years, no traffic accidents have been reported in the surrounding area as a result of parking at the project site or the subject off -site parking lot. Furthermore, no undue traffic hazards are expected in the future by allowing parking for the proposed use. Finding: C. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: C -1. The applicant shall submit documentation of a parking agreement between the property owner and the restaurant owner for use of the parking lot. The final off -site parking agreement will be recorded at the County stating 15 parking spaces at the subject parking lot will be available to the owner of the subject restaurant from 5:00 a.m. to 7:00 p.m. If the required off -site parking is not provided, the restaurant owner would need to return the outdoor - dining area back to 75 square feet, which was approved per Outdoor Dining Permit No. 60, because the expanded area would not have the required number of parking spaces. TmpR: 01114110 Planning Commission Resolution No. 1802 Paqe 3 of 9 In accordance with Section 20.91.035 the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the Use Permit: Finding: D. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: D -1. The existing restaurant is located in the (Retail Service Commercial) RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use, and are permitted within this designation subject to the approval of a use permit. Finding: E. 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 of 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: E -1 The existing restaurant is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant expansion is consistent with this designation. The proposed outdoor dining expansion would not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing in the neighborhood or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager approval. • The conditions included in the attached resolution ensure that zoning code - required parking will be provided for the expanded use. Tmpll: 01/14110 Planning Commission Resolution No. 1802 Page 4 of 9 Finding: F. 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: F -1 Restaurants are permitted in the RSC Zoning District, subject to the approval of a use permit. The off -site parking agreement is necessary to satisfy the zoning code - required number of parking spaces for the expanded use. Finding: G. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91 and conforms to all requirements of that Chapter. Facts in Support of Finding: G -1 The restaurant is not located in a residential district; therefore, this finding does not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Application No.PA2009 -148, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Planning Director's Use Permit No. 29, which upon vesting of the rights authorized by this approval, shall become null and void. 5K, N 4-rV Tmplt: 01/14110 Planning Commission Resolution No. 1802 Page 5 of 9 PASSED, APPROVED AND ADOPTED THIS 4h DAY OF MARCH, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None BY: / r�' Robert Hawkins, Chairman I Charles Unsworth, Secretary Tmpll: 01114/10 Planning Commission Resolution No. 1802 Page 6 of 9 EXHIBIT "A" Conditions of Approval Project Specific Conditions in Italics A total of 15 parking spaces shall be maintained at the off -site parking lot located at 409 Orchid Avenue for the tenants and customers of the building located at 3536 East Coast Highway during business hours. 2. The hours of operation for the eating and drinking establishment shall be limited between hours of 5:00 a.m. to 7:00 p.m., daily. 3. The final off -site parking shall be prepared by the applicant for approval by the City Attomey if deemed consistent with the intent of this condition. The final off -site parking agreement shall be recorded on both properties (3536 East Coast Highway and 409 Orchid Avenue). The applicant shall provide proof of recordation of the off -site parking agreement, subject to the Planning Director's approval. 4. The owner or operator of the business that uses the approved off -site spaces at 409 Orchid Avenue to satisfy the parking requirements of the Zoning Code shall immediately notify the Planning Director of any change of ownership or use of the property where the spaces are located, or of any change in the agreement between the parties. 5. Upon notification that the off -site parking agreement has terminated, the Planning Director shall establish a reasonable time in which one of the following shall occur: • Substitute parking is provided that is acceptable to the Planning Director, or The size or capacity of the use subject to this use permit is reduced in proportion to the parking spaces lost. 6. All applicable conditions of approval of Accessory Outdoor Dining Permit No. 60 shall apply and remain in force. The applicant shall require all employees to park within the approved off -site parking lot location. Deliveries, refuse collection and grease trap clean out for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) Tmplt: 01/14/10 Planning Commission Resolution No. 1802 Pape 7 of 9 10. Use Permit No. 2009 -035 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. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. 15. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 16. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. 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 shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements 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: Tmplt: 01/14/10 Planning Commission Resolution No. 1802 Page 8 of 9 19. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 20. Should the property 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. 21. No outside paging system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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). 25. 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. 26. A Special Events 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. Tmpll: 01114110 Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro e 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 20. Should the property 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. 21. No outside paging system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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). 25. 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. 26. A Special Events 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. Tmpll: 01114110 Planning Commission Resolution No. 1802 Page 9 of 9 27. 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. Tmpll: 01/14110