Loading...
HomeMy WebLinkAbout1805 - APPROVE OD AND DENY UP _3305 NEWPORT BLVD SUITE ERESOLUTION NO. 1805 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN OUTDOOR DINING PERMIT (OD2009 -005) AND DENYING A USE PERMIT (UP2009 -040) TO EXTEND THE HOURS OF OPERATION AT AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 3305 NEWPORT BOULVEVARD, SUITE E (PA2009 -160) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mena Rizk and Edward Lucero of the Pita Pit Restaurant, with respect to property located at 3305 Newport Boulevard, Suite E, and legally described as P BK 323 PG 21 PAR 1, requesting approval of an outdoor dining permit. 2. The applicant proposes to allow two tables, with two seats each, within a 30- square- foot area of the public -of -way for outdoor dining. 3. The applicant proposes to extend the hours of operation of the existing eating and drinking establishment on Thursday, Friday, and Saturday from 11:00 p.m. to 2:30 a.m., and change the classification of the eating and drinking establishment from take -out service, limited to full- service, small - scale. 4. The subject property is located within the Retail Service and Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC -A). 6. A public hearing was held on April 8, 2010 in the Friends Meeting Room, located at the Central Library at 1000 Avocado Avenue, Newport Beach. 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). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Planning Commission Resolution No. _ Paqe 2 of 1. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The outdoor dining tables and chairs shall not be permanent fixtures; therefore, there are permanent fixtures being added to the existing facilities. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.82.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings for the outdoor dining permit are set forth: Findings: A. That Ce proposed outdoor dining is accessory to the Eating and Drinking Establishment. Fact in Support of Finding: A -1. The outdoor dining area will occupy 30 square feet in front of the tenant space, which is less than 25 percent of the 190 - square -foot indoor net public area required by Section 20.82.050. B. 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: B -1. The tables and chairs shall not be wider than 24 inches and a minimum 6 -foot unobstructed pedestrian pathway shall be maintained in the public right -of -way. B -2. The use of the outdoor dining area shall cease at 11:00 p.m. C. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Fact in Support of Finding: C -1. The outdoor dining shall be located in front of the tenant space and shall not obstruct any parking spaces or access to parking spaces. In accordance with Section 20.91.035. of the Newport Beach Municipal Code, the following finding for denial and fact in support for denial for the use permit is set forth: Finding for Denial: D. That the proposed location of the use pennit will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to Tmplt: 01114/10 Planning Commission Resolution No. Page 3 of 6 the neighborhood of such use; and will be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding for Denial D -1. The subject eating and drinking establishment is located in a police reporting district with a significantly higher number of calls for service, crimes, and arrests than the city- wide average. Extending the hours of operation for the subject eating and drinking establishment creates the potential for attracting individuals causing disorderly or criminal conduct requiring additional police resources. The use of additional police resources would be a detriment to the Police Department's ability to provide police services to other areas of the community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves OD2009 -005, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference, and denies UP2009 -040. 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 8TH DAY OF APRIL, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, and Hillgren NOES: None EXCUSED: Toerge BY: Robert Hawkins, dhairman BY: —U-,,a U- Charles Unsworth, Secretary Tmpit: 01/14110 Planning Commission Resolution No. _ Paoe 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL (Project specific conditions are in italics) 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining shall be used in conjunction with the related adjacent eating establishment and shall be limited to 30 sq. ft. maximum. The total net public area shall not exceed 220 square feet. 3. The seating adjacent to the food use facility shall be limited to the area as delineated on the approved site plan. 4. 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. 5. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department 6. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited in the outdoor dining area or outside 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. Chapter 10.26 provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 7. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Planning Director. 8. Should 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 Tmplt: 01114/10 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 7. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Planning Director. 8. Should 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 Tmplt: 01114/10 Planning Commission Resolution No. _ Page 5 of 6 area seating in the areas that contribute or cumulatively contribute to the noise problems or complaints. 9. 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 owner or the leasing company. 10. The hours of operation of the outdoor dining area are limited to between the hours of 8:00 a.m. and 11:00 pm, daily. 11. Alcoholic beverage service shall be prohibited. 12.All conditions of Use Permit No. UP2008 -046 (PA2008 -127) shall remain in effect except Condition 2 and Condition 3. 13.A Sidewalk Cafe License Encroachment Permit for outdoor dining on a public sidewalk within the public right -of -way, issued by the Public Works Department, shall be approved prior to use of the outdoor dining area and all conditions of approval shall be satisfied and maintained in accordance with City Council Policy L -21. 14. The location and set -up of the two (2) tables and four (4) chairs shall be in a single -file arrangement parallel to and flush against the 15 feet of the subject tenant's building facade. 15. Outside furniture shall be no wider than 24 inches. 16. A minimum of 6- foot clear pedestrian pathway shall be maintained in the public right -of- way. 17.The Planning Commission may add to or modify conditions of approval to this outdoor dining permit, or revoke this approval 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 this permit 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. 18. This approval 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. 19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Pita Pit including, but not limited to, the OD2009 -005. Tmplt: 01/14110 Planning Commission Resolution No. _ Page 6 of 6 This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tmplt: 01114110