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HomeMy WebLinkAbout2003 - CONDITIONAL USE PERMIT - AMENDMENT TO UP2001-010 (PA2008-089) - 1302 Bison Ave RESOLUTION NO. 2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-035 TO EXPAND AN EXISTING EATING AND DRINKING ESTABLISHMENT, UPGRADE TO A TYPE 47 ALCOHOL LICENSE LOCATED AT 1344 AND 1346 BISON AVENUE AND REDUCTION OF REQUIRED PARKING (PA2015- 140) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bronnie Lee representing Wasa Sushi located at 1344-1346 Bison Avenue and The Irvine Company with respect to property located at 1302-1380 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-040. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the expansion of an existing 1,574 square foot eating and drinking establishment into an adjacent 2,024 square foot tenant space for a combined floor area of 3,590 square feet and to upgrade from a Type 41 ABC License (On- Sale Beer and Wine — Eating Place) to a Type 47 ABC License (On Sale General — Eating Place). The existing restaurant was originally approved by Use Permit Nos. UP 2002-020 and UP2003-018. The request also includes approval of a conditional use permit to approve an off-street parking modification to reduce the required number of parking spaces by 24 and approve a parking management plan. The parking management plan includes limiting the hours of operation for the proposed restaurant expansion area to 4:00 p.m. - 10:00 p.m. and a valet parking plan. 3. The subject property is located within the Bonita Canyon Planned Community Zoning District and the General Plan Land Use Element category is CG (General Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 3, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). Planning Commission Resolution No. 2003 Page 2 of 12 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves interior alterations of an existing commercial tenant space and parking management of an existing commercial parking lot. Therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales) and Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings to upgrade a Type 41 ABC License (On- Sale Beer and Wine — Eating Place) to a Type 47 ABC License (On Sale General — Eating Place): Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service is intended for the convenience of customers dining at the restaurant. The establishment currently holds a Type 41 (On-Sale Beer and Wine) license and no negative impacts related to the existing license have been identified. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The restaurant is located within the Bluffs Shopping Center which is occupied by a mixture of restaurants, retail and service uses. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the other commercial uses in the shopping center and neighboring residential developments. 3. The restaurant is located in Police reporting District 54 (RD54) which has crime rate lower than the citywide average. The number of alcohol related crimes and arrests are not considered excessive and Police Department does object to the request. 4. The restaurant is located in a shopping center with several other restaurants that serve alcohol. None of the other establishments are considered bars or nightclubs. The shopping center is separated by residential and recreational areas by major and primary roadways. No objectionable conditions have been identified and as conditioned it is expected the expanded restaurant will not be a detriment to the adjacent business or the City. 10-02-2015 Planning Commission Resolution No. 2003 Page 3 of 12 Pursuant to Section 6 (Commercial Sub-Area 5) of the Bonita Canyon Planned Community Development Plan eating and drinking establishments require the approval of a conditional use permit by the Planning Commission. Additionally, the request for a modification of required parking to reduce the number of required spaces also requires approval of conditional use permit. In accordance with Section 20.52.020.E (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: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The restaurant and related parking lot are located with the General Commercial (CG) 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. Thus, the proposed restaurant use is consistent with the General Plan. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the applicant demonstrates that an adequate supply of parking is provided based upon the shared use of parking within the Bluffs Shopping Center. 3. The project site is not located within a Specific Plan area. Finding: C. 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 located within Commercial Sub-Area 5 of the Bonita Canyon Planned Community require approval of a conditional use permit by the Planning Commission. The existing restaurant was originally approved by Use Permit No. 2002-020 and Use Permit No. 2003-018. 2. The existing tenant space and the proposed project comply with all applicable development standards and provisions of the Zoning Code. 3. Based on existing parking counts which reflect actual operations of the on-site uses and earlier closing hours of some tenants, on-site parking is adequate to meet the needs of 10-02-2015 Planning Commission Resolution No. 2003 Page 4 of 12 the shopping center at full occupancy. Additionally, prohibiting the operation of the expanded area during the afternoon will help reduce parking demand during that time. 4. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. Finding: D. The design, location, size, and 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 2003. The existing approval allows the restaurant to operate between 10:00 am and 10:00 p.m., daily. The proposed hours are 10:00 a.m. to 10:00 p.m. daily for the existing restaurant space and 4:00 p.m. to 10:00 p.m. daily for the expanded area. 2. The restaurant is located within a shopping center designed and developed to accommodate a variety of retail and service uses, including restaurants. No residential or other sensitive land uses are located directly adjacent to the shopping center therefore, impacts on other uses is not anticipated. 3. The operator is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On-Sale General) alcohol license so that the restaurant's primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). Finding: E. 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 project site is located within an existing multi-tenant retail and service commercial building designed and developed for a variety of uses including restaurants. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site. i:10-022015 Planning Commission Resolution No. 2003 Page 5 of 12 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 4. The shopping center where the site is located is developed with 477 parking spaces. The parking analysis conducted for this project found that the peak demand occurred on a Thursday at 7:00 p.m. when 396 spaces were occupied leaving 81 spaces available which is greater than the 24 parking space waiver. Finding: F. 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 expansion of the existing restaurant into the adjacent tenant space will ensure the vitality of the shopping center and help keep vacancy low. The expanded eating and drinking establishment will continue to serve the surrounding community and is not detrimental to the harmonious and orderly growth of the City. Nor would approval of the project 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. 2. The limited hours reduce overall parking demand at the shopping center during the busy lunch hours by removing required parking for 2,024 square feet of retail space and expanded dining opportunities are provided in the evening when more parking is available, as demonstrated by the parking analysis. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 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. In accordance with NBMC 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: Condition: 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); 10-02-2015 P Planning Commission Resolution No. 2003 Page 6 of 12 Facts in Support of Meeting Condition: 1 . The applicant provided a parking analysis that counted available parking spaces on Thursday, Friday and Saturday afternoons and evenings when parking demand for the shopping center is highest. Since the expansion area of the restaurant will not open until 4:00 p.m. daily, evening parking counts and operating hours of the other tenants were considered to determine if parking supply could accommodate the demand. Applying the Bonita Canyon Planned Community rates, at full occupancy of the shopping center including the expanded restaurant, 502 spaces are required, causing a deficiency of 25 spaces. Existing parking counts reflect that at the evening peak (Thursday between 7:00 p.m. and 8:00 p.m.) 81 parking spaces are vacant. Therefore, actual demand of the entire shopping center, in particular when the expanded restaurant will be open, is less than the parking requirement. Condition B. A Parking Management Plan shall be prepared (in compliance with subsection C.) Facts in Support of Meeting Condition: 1. The ongoing use of valet parking for Wildfish and making the valet available to customers of other tenants when spaces are available will help ensure maximum efficiency of parking lot use. 2. Limiting the business hours of the expansion area to the evening will provide a parking surplus during the lunch hours. Additionally, the existing tenant mix includes several businesses that close as early as 7:00 p.m. providing more spaces for use by other tenants. 3. The valet plan and business hours limitation effectively create a parking management plan that will ensure effective use of all available parking. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-035 (PA2015-140), 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 14 days following the date this Resolution is adopted 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. 10-02-2015 Planning Commission Resolution No. 2003 Page 7 of 12 3. This resolution supersedes Use Permit No. UP2003-018 which upon vesting of the rights authorized by this Conditional Use Permit No. UP2015-035 (PA2015-140) shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF DECEMBER, 2015. AYES: Brown, Hillgren, Koetting, Lawler, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer BY: K ry a r, Chair an BY: Pey r Koettin , Secreta 10-02-2015 Planning Commission Resolution No. 2003 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. Conditional Use Permit No. UP2015-035 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. Material 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 Conditional Use Permit or the processing of a new Conditional Use Permit. 7. 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. 8. 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. 9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. 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 10-02-2015 Planning Commission Resolution No. 2003 Page 9 of 12 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. 11. The allowed hours of operation for the area identified as the existing dining area shall be 10:00 a.m. to 10:00 p.m, daily. The allowed hours of operation for the area identified as new shall be 4:00 p.m. to 10:00 p.m., daily. 12. Restaurant seating shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 13. There shall be no dancing or live entertainment allowed on the premises. 14. All employees shall park on-site. 15. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right- of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. All lighting shall conform with 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. 17. 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 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial pro ert Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 10-02-2015 .. Planning Commission Resolution No. 2003 Page 10 of 12 18. 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. 19. 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. 20. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 21. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 22. 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 Wasa Sushi Restaurant Expansion including, but not limited to, Conditional Use Permit No. UP2015-035. 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. Police Department Conditions 23. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete an ABC approved certified training program in responsible methods and skills for selling alcoholic beverages. 24. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 25. No games or contests requiring or involving the consumption of alcoholic beverages is permitted. 10-02-2015 _ ,. Planning Commission Resolution No. 2003 Page 11 of 12 26. 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 sale of drinks. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 29. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 30. 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. 31 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 32. 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 which are clearly visible to the exterior shall constitute a violation of this condition. Fire Department Conditions 33. Each required commercial kitchen exhaust hood and duct system required to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with the fire code (C.F.0 Section 904.2.1). Building Division Conditions 34. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. 10-02-2015 _ Planning Commission Resolution No. 2003 Page 12 of 12 35. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 36. Strict adherence to maximum occupancy limits is required. 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. 10-02-2015