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HomeMy WebLinkAbout1964 - AMENDMENT TO USE PERMIT - 1617 Westcliff Dr RESOLUTION NO. 1964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-044 TO EXTEND THE HOURS OF OPERATION OF AN EATING AND DRINKING ESTABLISHMENT AND MODIFY PARKING AT 1617 WESTCLIFF DRIVE (PA2014- 157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shubin + Donaldson Architects, Inc., representing the BWP Westcliff Associates, LLC, with respect to property located at 1617 Westcliff Drive, and legally described as TR 4225 Lot 7 all -ex nwly 80 ft- and nwly 55.98 ft Lot 8, requesting approval of a conditional use permit to extend the hours of a restaurant and modify the required parking. 2. The applicant requests an amendment to Use Permit No. UP2002-025 to extend the hours of a restaurant and outdoor dining patio with no late hours, and modify the required parking. The restaurant would operate from 7:00 a.m. to 10:00 p.m., daily. No live entertainment or dancing is proposed. 3. The subject property is located within the General Commercial (GC) General Plan Land Use Element category and Commercial General (CG) Zoning District. 4. Use Permit UP2002-025 was approved in 2002 and permitted the Eating and Drinking Establishment, authorizing the sale of alcoholic beverages and approval of a parking waiver. To mitigate increased parking demand, the project was conditioned to limit restaurant operations between 11:00 a.m. and 3:00 p.m. 5. A Shared Parking Analysis was prepared by Linscott Law & Greenspan, on behalf of the applicant, to determine the specific parking needs of the mixed use center and proposed restaurant. 6. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic Center Drive, 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. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) Planning Commission Resolution No.1964 Page 2 of 12 2. The proposed project involves the minor alteration of an existing structure, with no additional square footage, and negligible expansion of an existing use. Therefore, the interior use, outdoor dining patio qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. The establishment operates pursuant to Use Permit No. UP2002-025 (as approved on August 22, 2002). Continuation of the restaurant operation and sale of alcoholic beverage are in substantial conformance with the UP2002-025 and require no amendment. The requests to extend the hours and modify parking are considered substantial changes that require an amendment to the existing conditional use permit. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The restaurant and its associated operating hours and parking requirements are consistent with the General Commercial (GC) land use designation of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Eating and drinking establishments are expected in this area and are complementary to the surrounding commercial and residential uses. 2. The project site is not located within a Specific Plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Eating and drinking establishments with no late night hours require the approval of a minor use permit within the Commercial General (CG) Zoning District. Use Permit UP2002-025, as approved by the Planning Commission, authorized establishment of the restaurant. 2. Extending the hours from 11:00 a.m. to 7:00 a.m. will provide service to patrons in the morning hours and will not conflict with the peak hours of the other tenants. The hours are appropriate for the neighborhood, which includes commercial and residential uses. 10-15-2013 Planning Commission Resolution No.1964 Page 3 of 12 3. Eliminating the restriction on restaurant operation during the lunch hour creates a deficiency of 19 parking spaces, based on the Zoning Code regulations. However, considering the results of existing parking counts presented in the Shared Parking Analysis and applying the shared parking estimates for vacant suites, a surplus of 10 parking spaces is forecasted during the peak weekday period. Based on existing parking counts which reflect actual operations of the on-site uses and shared parking conditions, on-site parking is adequate to meet the needs of the center at full occupancy. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. A restaurant has operated at this location since 2002. Previous restaurants operated traditionally with a full-service bar and did not generate concerns within the surrounding neighborhood. The proposed restaurant will include a retail and take-out component, focused on family-style food service. The proposal to include morning and lunch service will benefit surrounding commercial and restaurant uses. 2. The restaurant would operate from 7:00 a.m. to 10:00 p.m., daily, which is not considered 'late", as defined by the Municipal Code, and is appropriate for the neighborhood. 3. The proposed use will not require high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 4. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the existing trash enclosure, except during collection. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The restaurant is located in an existing multi-tenant building with access provided from two roadways. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 10-15-2013 Planning Commission Resolution No.1964 Page 4 of 12 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. The site includes 128 parking spaces. The Parking Demand Analysis prepared for the project forecasts, at full occupancy, the development would generate a parking demand of 138 parking spaces during peak hour of 11:00 a.m. However, based on existing parking counts and parking estimates for vacant suites, the actual parking demand is less than forecasted, therefore adequate on-site parking is likely. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The exterior upgrades and renovations to the existing building would have a positive impact to the surrounding neighborhood. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to residential uses nearby and adequate parking is provided on-site, per the Parking Demand Analysis. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Zoning Code Section 20.40.110(B) (Reduction of Off-Street Parking), off- street parking requirements may be reduced with approval of a conditional use permit in compliance with the following conditions: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development); 10-15-2013 Planning Commission Resolution No.1964 Page 5 of 12 Facts in Support of Finding: 1. The Parking Demand Analysis evaluates the project based on the Zoning Code requirements and the Urban Land Institute's (ULI) Shared Parking Methodology. Applying the City's Zoning Code, at full occupancy of the multi-tenant building, there would be a parking shortfall of 19 parking spaces. Using the ULI's methodology and existing parking counts, there is a surplus of 10 spaces. Existing parking counts reflect the actual demand of the center and demonstrate that there is adequate on-site parking. Finding: B. The most remote space is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. In accordance with the Parking Demand Analysis, there is adequate on-site parking to accommodate the needs of all tenants. The on-site parking facilities provide 128 spaces and which can be conveniently accessed from Westcliff Drive (front of building) and Sherington Place (rear of building). Finding: C. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; Facts in Support of Finding: 1. Applying the City's Zoning Code, at full occupancy of the multi-tenant building, there would be a parking shortfall of 19 parking spaces. Using the ULI's methodology which recognizes the shared characteristics of the on-site uses, there is a surplus of 10 spaces. In consideration of existing parking counts, the actual demand of on-site uses is lower than both the Zoning Code rates and shared rates, therefore, it can be assumed that adequate parking is provided on-site to meet the needs of the center. 2. The uses within the multi-tenant center vary in the peak periods and operational characteristics. The greatest demand is expected to be at 11:00 A.M. weekdays. The existing 128 parking spaces on-site is expected to accommodate this demand based on the conclusions of the existing parking counts. Finding: D. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand; 10-15-2013 Planning Commission Resolution No.1964 Page 6 of 12 Facts in Support of Finding: 1 . The Parking Demand Analysis assumes a specific mix of on-site uses. Future changes to this mix of uses may require an update to the parking analysis to ensure parking complies with the requirements of the Zoning Code. Finding: E. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; Facts in Support of Finding: 1 . The Parking Demand Analysis for the project evaluated the parking demand of all on- site uses and determined there would be parking surplus based on the shared operating characteristics of the on-site uses and existing parking demand. Finding: F. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department; and Facts in Support of Finding: 1. Because the uses sharing the parking facilities are located on-site and the property is controlled by one property owner, an agreement is not necessary. Finding: G. A parking management plan shall be prepared. 1. The Zoning Code indicates that a parking management plan is required to mitigate the impacts associated with a reduction in the number of parking spaces. Because the Parking Demand Analysis demonstrates that adequate on-site parking is available to meet the demand of all uses within the multi-tenant, there is not expected to be a parking impact. Management of parking will be satisfied by substantially maintaining the mix of uses presented in the Parking Demand Analysis, December 1, 2014. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-044 (PA2014-025), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 10-15-2013 Planning Commission Resolution No.1964 Page 7 of 12 2. This action shall become final and effective 14 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. Conditional Use Permit No. UP2014-044 (PA2014-157) replaces and supersedes Use Permit No. UP2002-025, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 41" DAY OF DECEMBER, 2014. AYES: BROWN, HILLGREN, KOETTING, MYERS, AND TUCKER NOES: ABSTAIN: ABSENT: KRAMER AND LAWLER BY: 1 Larry Tucker, Chair BY: ay I ye , ecretary 10-15-2013 Planning Commission Resolution No.1964 Page 8 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. 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.) 2. Use Permit No. UP2014-044 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional 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. 6. 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. 7. Prior to certificate of occupancy for the restaurant, the applicant shall submit to the City for approval the finalized tenant mix for the center for each suite. The tenant mix of the center shall be substantially consistent with the assumptions presented in the Parking Demand Analysis, dated December 1, 2014 and prepared by Linscott Law & Greenspan. Uses may be changed in the future, provided they do not increase the overall parking demand of the center. 8. 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. 9. 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 Division. 10. The hours of operation for the restaurant, including the take-out coffee bar and outdoor dining, shall be 7:00 a.m. to 10:00 p.m., daily. 10-15-2013 Planning Commission Resolution No.1964 Page 9 of 12 11 . The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four (4) inches wide. No less than 128 parking spaces shall be provided on-site, all spaces shall be accessible and useable for vehicular parking at all times for all on-site tenants. Parking spaces shall not be signed for the exclusive use of a particular tenant. 12. 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 must comply with the requirements of this section within 180 days of 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. 13. The Use Permit continues to authorize the use of a Type 47 alcoholic beverage license issued by the California Board of Alcoholic Beverage Control. This license allows 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. 14. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 16. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 17. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 18. Construction activities shall comply with Section 10.28.040 (Construction Activity- Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 10-15-2013 Planning Commission Resolution No.1964 Page 10 of 12 19. All mechanical equipment and trash areas shall be screened from adjoining streets. 20. All outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 22. 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 Division. 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). 23. Trash receptacles for patrons shall be conveniently located inside of the establishment or within the outdoor seating area. 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. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 25. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 26. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 27. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10-15-2013 Planning Commission Resolution No.1964 Page 11 of 12 28. 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 Westcliff Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2014-044 (PA2014-157). 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. 29. There shall be no live entertainment or dancing allowed on the premises. 30. Strict adherence to maximum occupancy limits is required. 31. 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. 32. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 33. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 34. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 35. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 36. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 37. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 10-15-2013 Planning Commission Resolution No.1964 Page 12 of 12 38. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 39. 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 the area shall drain directly into the sewer system, unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 40. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10-15-2013