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HomeMy WebLinkAboutArches Grill_UP 3611_ 508 29th StCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item 6 July 19, 2007 TO: PLANNING COMMISSION FROM: Jaime Murillo, Associate Planner (949) 644 -3209, imurillo -_citv.newport- beach.ca.us SUBJECT: Planning Director's Action regarding Arches Grill 508 29th Street (Use Permit No. 3611) APPLICANT: Daniel Marcheano PLANNING DIRECTOR'S ACTION In accordance with Section 20.60.015 (Temporary Structures and Uses) of the Newport Beach Municipal Code, the Planning Director has authorized the temporary use of an existing eating and drinking establishment for a period not to exceed 90 days. The action specifically allows the new operator of an existing eating and drinking establishment to open prior to 5:00 p.m. whereas the conditions of approval of Use Permit No. 3611 preclude the restaurant from opening before 5:00 pm. RECOMMENDATION Receive and file. Arches Grill July 19, 2007 Page 2 Vicinity Ma �! U tl _ J 2soi G h ' �T Restaurant •h Location 29TH ST w : 516 4 'Y 5127� °'br V h r'If •' Zejs 069' 1 • ' y 105 A �' 10�� '••• £ -y 1•ey i Arches Grill Planning Director's Temporary Use Authorization Current Development: rches Grill (Formally Aubergine), an eating and drinking stablishment operating under Use Permit No. 3611 To the north: Mixed -Use & Commercial Uses To the east: at Repair and Maintenance Facility To the south: ommercial/ Industrial Use To the west: ommercial Office Uses Arches Grill July 19, 2007 Page 3 PLANNING DIRECTOR'S RATIONALE Daniel Marcheano, the new operator of the subject restaurant, recently met with staff to ensure his proposed restaurant operation would remain consistent with the conditions of approval of Use Permit 3611 (approved August 7, 1997). Upon review of the Use Permit, it was determined that the operator's desire to serve lunch on weekdays is inconsistent with Condition No. 5 which limits the hours of operation on weekdays from 5:00 p.m. to 11:00 p.m. The operator understands that a formal Use Permit amendment will be required in order to permanently change the hours of operation and is currently preparing the application; however, given that the operator is relocating from another restaurant location and wants to maintain his current employees, he has respectfully requested to open for lunch until such time his amendment application is presented formally at a Planning Commission hearing. Typically, such a request would not be granted; however, after further researching the Use Permit files, it was determined that his request is warranted. The Use Permit authorized an expansion of the restaurant and required a total of 16 parking spaces. Since only 3 parking spaces could be accommodated on -site, the applicant proposed to provide the remaining 13 parking spaces at an off -site location. These spaces were only available after 5:00 p.m. on weekends and all day on weekends. Given the limited availability of the proposed off -site parking spaces, the Use Permit conditioned the hours of operation for the restaurant from 5:00 p.m. to 11:00 p.m. on weekdays and 6:00 a.m. to 11:00 p.m. on weekends, to coincide with parking availability. Subsequent to the approval of the Use Permit, the restaurant and the property owner of the proposed off -site parking lot location were unable to reach an agreement on the terms of the lease for the parking spaces. Staff worked with the restaurant to identify alternative methods of meeting its parking requirements and determined that the restaurant was an example of the type of restaurant for which the use of in -lieu parking fees was a good solution, given its small size and low turnover of customers. On April 27, 1998, the City Council adopted Resolution No. 98 -28 creating an exception to the 1989 moratorium on the use of commercial in -lieu parking fees, and specifically permitted the restaurant to pay for 13 in -lieu parking spaces under the exception. The City Council further found that the use of the in -lieu parking fees to satisfy the off -site parking requirements for the restaurant was in substantial conformance with the conditions of approval of Use Permit No. 3611. To date, the restaurant operators have annually paid for 13 in -lieu parking spaces. Since the restaurant was permitted to satisfy their parking requirements through the use of the in -lieu parking spaces, staff believes it is reasonable to conclude that the Arches Grill July 19, 2007 Page 4 condition restricting the restaurant's weekday hours of operation is no longer necessary. However, an amendment to revise the condition was never sought and a formal Use Permit amendment is now required to allow weekday lunch service. Staff anticipates a hearing date to review the proposed amendment will be scheduled within the next 90 days; until such time, the Planning Director has temporarily authorized the restaurant to operate from 6:00 a.m. to 11:00 p.m., seven days a week. All other conditions of approval of Use Permit No. 3611 shall remain in full effect and shall be enforced. Prepared by: me Murillo, Associate Planner Submitted by: David Lepo, Plarlog Director EXHIBITS 1. August 7, 1997 Planning Commission Minutes and UP 3611 Conditions 2. UP 3611 Planning Commission Staff Report 3. April 27, 1998 City Council Minutes and Staff Report 4. City Council Resolution No. 98 -28 FAUSERWI-NV5hared0anning CommissiWPC Agendas & Materialst2007107191Arches Grill Temp Use.doc Exhibit No. 1 August 7, 1997 PC Minutes and UP 3611 Conditions CITY OF NEWPORT BEACH Planning Commission Minutes August 7, 1997 Regular Meeting - 7:00 p.m. INDEX Commissioners Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley - Commissioners Fuller and Kranzley were excused, Commissioner Gifford was absent Sharon Z. Wood, Anksistant City Manager, Community and Nonornic Development Patricia L. Temple, Pidikning Director Robin Clauson, Assistan City Attorney Ginger Varin, Planning C mission Executive Secretary Minutes of July 24. 1997: \ 1 Minutes Motion was made by Commissio r Ashley and voted on to approve, as written, the July 24,199'/ Planning Co \Ad, inutes. Ayes: Ridgeway, Selich, shley Noes: non e Absent: Fuller, Kranzley, G Abstain: none Public Comments none \ I Public Comments Posting of the Agenda: Posting of the Agenda The Planning Commission Agenda was posted on Friday, August 1, 97 outside of City Hall. City of Newport Beach Planning Commission Minutes August 7, 1997 Ayes: Ridgeway, Selich, Adams, Ashl Noes: none Absent: Fuller, Kranzley and Gifford Abstain: none Findinas: INDEX That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Retail Service Commercial' uses. A restaurant is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class I (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the purpose or intent of the restaurant development standards related to site requirements, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • The site is too small to accommodate the required off - street parking, however, the off -street parking will be satisfied by the use of an off -site location. • Walls in full compliance with the standards would adversely impact traffic circulation in the alley and access to the on -site parking spaces from the alley. • The increased landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscaping at the front and rear of the property behind the building will enhance the streetscape views. • The provision of the required landscaping along the property lines would adversely affect the access to the proposed on -site parking 5. The approval of Use Permit No. 3611 will not, under the circumstancesof the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The combination of on -site parking, the proximity of the off -site parking location and the proximity of the municipal parking lot K 1 City of Newport Beach Planning Commission Minutes August 7,1997 are adequate to serve the parking demand of the expanded restaurant facility. • The change to the full service restaurant results in a reduction in the general parking requirement for the area since it eliminates the potential for daytime use. • The proposal will not add a new liquor license to an overconcentrated area, providing only for the change of an existing license. • The establishment is to be operated as a full service restaurant and not as a barwhich should minimize the potential numberof Police and Department of Alcoholic Beverage Control problems in the area. • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and the proposed is a continuation of an existing restaurant use. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevation, except as noted below. 2. That the previously approved Use Permit No. 3515 shall become null and void upon implementation of this use permit approval. 3. That the sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 4. That food service from the full - dinner menu shall be available to patrons at all times the facility is open up until one -half hour of closing. 5. That the restaurant facility operation shall be limited to between the hours of 5:00 p.m. and 11:00 p.m., Monday through Friday; and 6:00 a.m. and 11:00 p.m. Saturday and Sunday. Any increase in the hours of the facility shall require an amendment to the use permit, with the exception of holidays and special events (e.g., New Year's Eve) which shall be subject to the approval of a special event permit issued by the Community Services Department and approved by the Planning Department and the Police Department prior to issuance. The closing hour of any function approved in conjunction with a special event permit shall not extend beyond hours approved by the special event permit. Any increase in the hours shall be subject to approval of an amendment to this use permit. 6. That the net public area of the restaurant shall not exceed 800 square feet. The outdoor area shall not be utilized for dining or seating unless the appropriate accessory outdoor dining permit is first approved by INDEX G1 City of Newport Beach Planning Commission Minutes August 7, 1997 the Planning Department in accordance with the provisions of the Municipal Code. That 16 parking spaces (one parking space for each 50 square feet of net public area, 800 sq.ft. maximum) shall be provided on -site and at the off -site location to serve the proposed nighttime operation of the facility. That the handicap parking space shall be relocated to the alley and Parking Space No. 1, as shown on the site plan, shall be designated as employee parking only. 8. That the applicant shall submit the appropriate off -site parking application, which shall be approved by the City Council and recorded on the property, prior to issuance of any building permits for the proposed expansion. 9. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems of both sites be subject to further review by the Traffic Engineer. 11. That all employees shall park their automobiles on -site or in the off -site parking lot. 12. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the proposed restaurant expansion. 13. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the restaurant facility. 14. That the noise from the proposed restaurant shall be confined to the interior of the structure; and further that all windows and doors within the restaurant facility shall remain closed after 8:00 p.m. in the evening, except when entering and leaving by the main entrance of the restaurant. 15. That the approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 16. That live entertainment (including pre- recorded music) and dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit or other required application is first approved in accordance with the provisions of the Municipal Code INDEX I City of Newport Beach Planning Commission Minutes August 7,1997 17. That activities in conjunction with special event and private party functions which are incidental and accessory to the primary restaurant use. including live entertainment and dancing or that do not operate with the sale or service of food and beverages as the principal purpose (i.e.. cocktail reception or mixer), shall be permitted. provided such functions or activities shall first be approved under a special event permit issued by the Community Services Department and approved by the Planning Department and the Police Department prior to implementation. An application for the special event permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event (unless other arrangements are made with the City departments). to allow adequate time for the Police Department and other City departments to review the application and to impose additional conditions of approval. In addition. the sound generated by such activities shall be confined to the interior of the structure: and further that when the live entertainment is performed. all windows and doors within the facility shall be closed. except when entering and leaving by the main entrance of the facility. Noise generated by the live entertainment shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is. the sound shall be limited to no more than 60 dBA at any property line between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the hours of 10.% p.m. and 7:00 a.m. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions. if required by the Planning Director. 18. That a Live Entertainment Permit and Cafe Dance Permit issued by the Revenue Division. in accordancewith procedures set forth in Chapter 5 of the Municipal Code. shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant and only in conjunctionwlth special events. 19. A maximum of 8 special event days shall be permitted per calendar year and any additional events in excess of that number shall require the approval of an amendment to this use permit or other appropriate application in accordance with the provisions of Title 20 of the Municipal Code. 20. That this approval shall not be construed as permission to allow concerts or a theater /nightclub use as defined by the Municipal Code. unless an amendment to this use permit is first approved by the Planning Commission. 21. That no event staged by an outside promoter or entity shall be INDEX 16 City of Newport Beach Planning Commission Minutes August 7,1997 INDEX permitted, unless approved by the City through the issuance of a special events permit. Such events may be approved only in conjunction with the service of food. 22. That the proposed restaurant facility shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 23. That all signs shall conform to the provisions of Chapter 20.67 of the Municipal Code, 24. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 25. That 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. That deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this use permit. 27. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 28. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessaryby the Planning Department. 29. That 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. 30. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the specialty food establishment, unless specifically permitted. 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. City of Newport Beach Planning Commission Minutes August 7, 1997 31. That all improvements be constructed as required by Ordinance and the Public Works Department. 32. That the area outside of the tood establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. 33. That the project shall be designed to minimize light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Entorcement Division to confirm control of light and glare specified by this condition of approval. 34. That kitchen exhaust tans shall be installed in accordance with the Unitorm Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 35. That a covered wash -out area for retuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainageplan. 36. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 37. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, satety, peace, morals, comtort, or general welfare of the community. 38. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.090A of the Newport Beach Municipal Code. INDEX ?J Exhibit No. 2 UP 3611 Planning Commission Staff Report 15 � ` Y �E,VJppRT CITY OF NEV SILT (BEACH COMMUNITY AND ECONOMIC (DEVELOPMENT > n PLANNING (DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT REACH, CA 92658 (714) 644-3200; FAX (714) 644'325° Hearin, date: Agenda Item No.: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: Aubergine Restaurant (Tim and Liza Goodell, applicants) 508 29th Street August 7, 1997 1 Javier S. Garcia 644 -3206 14 days PURPOSE OF APPLICATION: Request to allow additions and alterations to an existing full- service, low turnover restaurant which includes the expansion of the area devoted to dining and a change in the operational characteristics to upgrade the existing alcoholic beverage license from beer and wine to full service alcohol. The application also involves the incorporation of previous conditions of approval imposed by the Coastal Commission in conjunction with the existing restaurant establishment and the approval of an off -site parking arrangement for a portion of the required parking. Also included in the application is a request approve a modification to the Zoning Code to allow the use of a tandem parking space on site. REQUIRED APPROVALS: Approve, modify or deny: • Use Permit No. 3611 (ContinuedPublic Hearing) LEGAL DESCRIPTION: Parcel No. I of Parcel Map No. 95 -2 (ResubdivisionNo. 528), located on the southerly side of 29th Street, between Villa Way and Lafayette Avenue, in Cannery Village. Off -site parking lot located at 2810 Villa Way, Lots No. I and 2, Block 325, Lancaster's Addition to Newport Beach. ZONE: SP -6 (Cannery Village, Retail and Service Commercial) OWNER: Tim and Liza Goodell, Newport Beach Points and Authority • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). 1J ' 1 VICINITY MAP sr -r IF -0 t - d SP_' sr -6 ar -f IF s s► -s w b cPM1 'R S► -• -� P 1 it d f SP-6 w % <;M1 .Y 6 11 n 9J .N PM1 f S wl� o \\'w • w w �M1 7 t F' M1 S ° ~ 111` C •% .F.1 .J' o o c • � SO "6 ( � AC 1+\ pP1 P1 • ' u \ \ �� ,• � Q'1 e' Vs \\ Use Permit No. 36111 Subject Property and Surround inQLand Uses Ilk -Sr FL l�uriC(y4 Current Development: The subject property is occupied by a single story structure which is currently occupied by a combination restauranUwholesalebakery facility. To the north: across 29th Street, is a mixture of residential and commercial uses. To the east: is a commercial building and related parking. To the south: across a 14 foot wide alley is an old industrial building containing a marine electronics facility. To the west: isan industrial facility specializing in boat repair. Use Permit No. 3611 Page 2 15 • Conformance with the General Plan, Local Coastal Program and Zoning Code The Land Use Element of the General Plan and the Land Use Element of the Local Coastal Program designate the site for "Retail and Service Commercial" uses. Restaurants are a permitted use within this designation. In Cannery Village, commercial areas are allowed a maximum Floor Area Ratio (FAR) of 0.511.0. The Zoning Code also establishes the maximum FAR for a full - service, low turnover restaurant, based upon its traffic generation characteristics, of 0.5. The existing structure contains approximately 1,500 square feet of commercial use, on a parcel of 4,500 square feet with a resultant commercial FAR of 0.33. The expanded project will contain 1,970 sq.ft. with a resultant FAR of 0.43 and the expanded project is therefore consistent with the FAR limitations the General Plan, Local Coastal Program and the Municipal Code. • The project is located within the Coastal Zone. The proposed restaurant expansion involves a significant increase in the amount of area devoted to dining (134% increase) and an increase in the parking demand for the property. Therefore, Coastal Commission approval must be obtained prior to issuance of any building permits or implementation of this use permit for the restaurant expansion. • Use Permit and Modification procedures are set forth in Chapters 20.91 and 20.93, respectively, of the Municipal Code. Provisions for Off -Site Parking are set forth in Section 20.66.080 of the Municipal Code. Background At its meeting of July 21, 1983, the Planning Commission approved Use Permit No. 3515, which permitted the establishment of a combination restaurant and wholesale bakery with on -sale beer and wine incidental to the primary food service use. The proposal also included a request to waive a portion of the required off - street parking spaces and a modification to the Zoning Code to allow one of the newly created parking spaces to encroach 5 feet into the required 10 foot rear yard setback adjacent to the alley. An excerpt of the Planning Commission minutes of that meeting is attached for the Commission's review. The Coastal Commission in its review of the original use permit, required that an additional 3 parking spaces be provided for the subject restaurant facility. Those three spaces were provided on the site of the proposed off -site parking lot. Use Permit No. 3611 Page 3 )U Comparison of Proposed and Previous Operation Z Area devoted to waiting and dining within the facility. 3 It is noted that the facility is currently utilizing a designated office /storage area of the facility for additional dining area which exceeds the maximum net public area restriction of 360 sq.ft. specified by Use Permit No. 3515. This area is included in this proposed application and factored into the parking requirement calculations. Use Permit No. 3611 Page 4 ti� Proposed Previous/Existing Full Service Restaurant Operation Restaurant Operation Live Entertainment No No Dancing No No Valet Parking Service No No Number of Employees: 6 -8 employees 5 -6 employees Hours: Applicant's Proposal: 5:00 p.m. to 11:00 p.m., 6:00 a.m. to 11:00 p.m., (Staffconcurs) Monday Through Friday; Monday through Saturday, 6:00 a. in. to 11:00 p.m. as approved. Saturdayand Sunday. Gross Bldg Area ( sq.ft.): Restaurant: 1,970 sq.ft. 1,117 sq.ft. Bakery: 0 sq.ft. 383 sq.ft. TOTAL: 1,970 sq.ft. 1,500 sq.ft. Net Public Area (% of space) : interior: 800 sq.ft. 360 sq.ft! (24 %) (437 sq.ft increase) (40 %) (authorized) Other area: Bakery: 0 sq.ft. (0 0/0) 383 sq.ft. (250/.) Restroom, kitchen, storage and service: 1, 170sgJI (60 %) 757 sq.ft. (50 %) TOTAL AREA: 1,500 sq.ft. 1,970 sq.ft Special Events: Staff Recommendation 8 per calendar year maximum None Z Area devoted to waiting and dining within the facility. 3 It is noted that the facility is currently utilizing a designated office /storage area of the facility for additional dining area which exceeds the maximum net public area restriction of 360 sq.ft. specified by Use Permit No. 3515. This area is included in this proposed application and factored into the parking requirement calculations. Use Permit No. 3611 Page 4 ti� Parking Comparison Analysis The project as proposed will allow for the expansion of Aubergine Restaurant, an existing business in the Cannery Village area of Newport Beach. The restaurant is characterized by table service provided by restaurant employees, a typical seating turnover rate of at least one hour, and no early morning service hours, As such, it is classified as a "Full- Service, Low- Turnover" food service establishment by the Zoning Code. ° The applicant's representative had proposed 3 on -site spaces, however, the City Traffic Engineer has recommended that Parking Space No. I(the handicap space) and Parking Space No. 2 be switched to locate the handicap space and related loading area adjacent to the alley. Parking Space No. 2 in front of the handicap space will also be designated for employee parking only since it is tandem and no longer independently accessible. ' As required by the Coastal Commission in conjunction with the issuance of the Coastal Development Permit. Use Permit No. 3611 Page 5 } Proposed Full- Service, low turnover Previous Restaurant Operation Operation Parking Provided On-site': 3 spaces 6 spaces in -lieu: 0 spaces 0 spaces Off -site: 13 spaces 3 spaces' 16 spaces 9 spaces Required Parkin¢ RestaurantBakery Bakery: 2 spaces @ 1 per 250 gross sq.ft: Restaurant - 4 spaces @ 1 per 40 sq.ft. of npa (waiver of 5 spaces) as approvedby the Planning Corn mission 6 spaces Full Service Restaurant: (surplus /deficit) Range: 16 -27 spaces ,.•a ' a 1/50 sq.ft. npa '. A � 16 spaces (deficit of 13 spaces on -site) @ 1/40 sq.ft. npa 20 spaces (deficit of 17 spaces on -site) ` @ 1/30 sq.ft. npa 27 spaces (deficit of 24 spaces on -site) 1 Staff Recommendation: net public area .' 800 sq.ft. maximum, 16 parking spaces (maintain 3 on-sitespaces and provide 13 parkingspacesoff -site) y Analysis The project as proposed will allow for the expansion of Aubergine Restaurant, an existing business in the Cannery Village area of Newport Beach. The restaurant is characterized by table service provided by restaurant employees, a typical seating turnover rate of at least one hour, and no early morning service hours, As such, it is classified as a "Full- Service, Low- Turnover" food service establishment by the Zoning Code. ° The applicant's representative had proposed 3 on -site spaces, however, the City Traffic Engineer has recommended that Parking Space No. I(the handicap space) and Parking Space No. 2 be switched to locate the handicap space and related loading area adjacent to the alley. Parking Space No. 2 in front of the handicap space will also be designated for employee parking only since it is tandem and no longer independently accessible. ' As required by the Coastal Commission in conjunction with the issuance of the Coastal Development Permit. Use Permit No. 3611 Page 5 } The proposed project will eliminate the existing wholesale bakery portion of the facility, expand the kitchen and dining areas of the existing restaurant and alter the operational characteristics to upgrade the alcoholic beverage license from beer and wine to full service alcohol. The proposed expansion will eliminate 3 on -site parking spaces. The facility will continue to operate as a full - service restaurant and will serve food at all times the facility is open. The sale and service of alcoholic beverages will continue as incidental to the service of food. In review of this application, staff has addressed issues related to the off - street parking requirement and provided parking, the off -site parking agreement, outdoor dining, hours of operation, noise, the modification request, special event functions as an operational characteristic, the restaurant development standards and alcoholic beverage service. Off Street Parkin Requirement Off street parking requirements for eating and drinking establishments are governed by the provisions of Section 20.66.070 of the Zoning Code. That section requires the Planning Commission to establish the off - street parking requirement for these establishments within a range of one space for each 30 to 50 square feet of net public area, based upon the following considerations: 1. The physical design characteristics, including: • the portion of net public area designated for dining, cocktails or dancing • the number of tables or seats and their arrangement • areas logically excluded from net public area • the design of the parking lot • the availability of guest docks for boats • the amount of outdoor dining 2. Operational Characteristics, including: • the amount of floor area devoted to live entertainment or dancing • the amount of floor area devoted to the sales of alcoholic beverages • the presence of pool tables, big screen televisions or other attractions • the hours of operation 3. The location of the establishment: • in relation to other uses and the waterfront • availability of off -site parking nearby • amount of walk -in trade • parking problems in the area at times of peak demand This project includes the following physical design characteristics: • net public area occupies 40% of the total floor area • over 10% of the net public area is shown as awaiting area The project incorporates the following operational characteristics: • no live entertainment or dancing • no area devoted exclusively to the sales or consumption of alcoholic beverages Use Permil No. 3611 Page 6 6 It should also be noted that the building located at 2810 Villa Way is comprised of two lots and that the existing building crosses the interior property line. Therefore, in accordance with the provisions of the Municipal Code, a lot line adjustment will be required for the off -site location to join two lots into one building site and eliminate the interior property line. The applicants will also need to provide the required off - street parking for the building at one space for each 250 square feet of gross floor area. This results in a requirement of 9 spaces for the 2,250 sq.ft. building and leaves a surplus of 5 spaces available during the daytime hours which may be utilized for the off -site restaurant daytime use in the future. These spaces would also be available to satisfy the required parking for commercial use of the subject building should the restaurant use cease at the present location. Staff has therefore included a condition of approval that 5 parking spaces be provided for the subject property at the off -site location for the duration of the proposed building addition, should the restaurant use cease to operate. If the off -site parking cannot be retained at the proposed location, then another location will be required or the addition should be removed and the previous parking that was eliminated be replaced on -site. Outdoor Dining It has come to staff's attention that the facility is currently providing outdoor dining in the patio area of the facility (3 tables and 10 seats) without benefit of proper approvals from the City. The applicant's representative has been made aware of this issue and has indicated that an application for the accessory outdoor dining will be submitted and processed if the use is continued. Hours of Operation The restaurant facility generally operates for dinner in the evenings, although the approved hours of operation are from 6:00 a.m. to 11:00 p.m., daily. The facility does not serve breakfast or lunch at this time, but could provide it at a future date. Staff has recommended that the hours of operation be limited to the evening only, after 5:00 p.m. on weekdays, since the off -site parking lot is only available at that time. Any future daytime operation will require an amendment to this use permit. Noise from the Restaurant Facility Noise associated with the facility could disturb residential uses located across the street. Since the Cannery Village/McFadden Square Specific Plan allows residential uses in conjunction with mixed use development, it is likely that additional residential uses will be added to the area in the future. Staff has recommended continuation of the condition of approval which requires the closing of windows and doors after 8:00 p.m. in the evening, which should prevent any potential noise problems. Use Permit No. 3611 Page 8 Gl. Modification Request The previous modification request approved with the original facility is no longer required since the parking provided on site does not encroach into the alley setback. However, the use of tandem parking does require the approval of a modification of the Zoning Code. Staff has no objection to the use of the tandem parking space so long as the front space, farthest from the alley, is designated for employee use only. Special Events Generally, full service restaurants are characterized by providing opportunities for the staging of special events and private party functions on -site. These opportunities become more important during the off -peak winter season. These functions generally utilize the entire dining area of the facility or in the case of a large restaurant, a banquet room, and may also involve the extension of the hours of operation. Staff is of the opinion that being able to provide this type of service is necessary to the viability of restaurant uses. The applicants have no intention of installing a dance floor or providing live entertainment on a permanent basis in this facility, but may wish to allow dancing and live entertainment in conjunction with private parties and special events. The facility is smaller than a typical full service restaurant and the 800 sq.ft. dining area can only cater small private parties or special events (e.g., New Year's Eve). Therefore, staff has recommended that live entertainment and dancing be allowed as incidental and accessory to the primary use as a restaurant and only in conjunction with the issuance of a special event permit. Staff has also placed a limitation of 8 such events in a calendar year and further that any additional events in excess of that number shall require the approval of an amendment to this use permit. Additionally, conditions recommended in the exhibit for approval require that the appropriate live entertainment permit and cafe dance permit be obtained from the Revenue Manager. Restaurant Development Standards Chapter 20.82 of the Municipal Code contains development standards for restaurants, as outlined below. Those development standards include specific requirements for restaurant sites, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signage, underground utilities, and storage. Section 20.82.040 of the Municipal Code states that any of the development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Use Permit No. 3611 Page 9 of Modification Request The previous modification request approved with the original facility is no longer required since the parking provided on site does not encroach into the alley setback. However, the use of tandem parking does require the approval of a modification of the Zoning Code. Staff has no objection to the use of the tandem parking space so long as the front space, farthest from the alley, is designated for employee use only. Special Events Generally, full service restaurants are characterized by providing opportunities for the staging of special events and private party functions on -site. These opportunities become more important during the off -peak printer season. These functions generally utilize the entire dining area of the facility or in the case of a large restaurant, a banquet room, and may also involve the extension of the hours of operation. Staff is of the opinion that being able to provide this type of service is necessary to the viability of restaurant uses. The applicants have no intention of installing a dance floor or providing live entertainment on a permanent basis in this facility, but may wish to allow dancing and live entertainment in conjunction with private parties and special events. The facility is smaller than a typical full service restaurant and the 800 sq.ft. dining area can only cater small private parties or special events (e.g., New Year's Eve). Therefore, staff has recommended that live entertainment and dancing be allowed as incidental and accessory to the primary use as a restaurant and only in conjunction with the issuance of a special event permit. Staff has also placed a limitation of 8 such events in a calendar year and further that any additional events in excess of that number shall require the approval of an amendment to this use permit. Additionally, conditions recommended in the exhibit for approval require that the appropriate live entertainment permit and cafe dance permit be obtained from the Revenue Manager. Restaurant Development Standards Chapter 20.82 of the Municipal Code contains development standards for restaurants, as outlined below. Those development standards include specific requirements for restaurant sites, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signage, underground utilities, and storage. Section 20.82.040 of the Municipal Code states that any of the development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Use Permit No. 3611 Page 9 as Development Standards Use Permit No. 3611 Page 10 �3 RSQi1 Site: Site shall be sufficient size and Waiver. The facility can be accommodated by the configuration to satisfy all requirements subject property to provide adequate setbacks for the for off - street parking, setbacks, curb cuts, new construction, percentage of required landscaping walls, landscaping and refuse storage as and refuse storage. However, all the required off - street provided by Section 20.82.040 of the parking cannot be accommodated on -site therefore, an Municipal Code. off -site location is provided. Landscaping adjacent to the interior property line walls cannot be accommodated without adversely affecting the available on -site parking. Setbacks: 5 foot front yard setback, zero setbacks Complies. The proposal will not alter the existing sides and 10 foot alley setback rear per building setbacks and the new construction will SP -6 District Development Standards; to maintain the required setbacks. protect the public health, safety and welfare or to insure compatibility with uses on contiguous properties. Off - Street Off - street parking in accordance with the Complies. The property provides only 3 on -site parking Parking: provisions of Section 20.66 of the spaces. The balance of the required off - street parking Municipal Code. will be provided at an off -site location as discussed in the report. Circulation: Parking areas and driveways to facilitate Complies. On -site circulation has been reviewed and traffic and circulation of vehicles on and determined to meet the intent of the Municipal Code. around the facility and to provide The off -site parking lot will be reviewed in conjunction adequate sight clearances. with the approval of the off -site parking agreement. Walls (adjacent A solid masonry wall 6 foot high shall be Waiver. The property is currently nonconformingsince to the interior erected on all interior property lines of the it provides no wall between the on -site parking and the property lines): subject property. Walls 3 feet in height public right -of -way. Strict compliance would adversely shall be erected between the on -site impact traffic circulation from the alley which is the parking areas and the public rights -of- primary access to the on -site parking area. The building way. is currently located on the easterly property line which prevents locating a wall on that property line and an 8 foot high masonry wall is located on the westerly property line which complieswith the requirements. Landscaping: 10% of entire site, 3 foot wide landscape Waiver. Additional landscaping is provided on site to area shall be provided to screen the enhance the streetscape from 29th Street and the alley parking area from the public right -of -way side of the property in accordance with the 10% (alley). A 3 foot wide landscape area requirement. However, landscaping cannot be adjacent to the interior property lines shall implemented on the alley property line for the same be provided, reasons a wall cannot be erected, it would eliminated access to the three on -site parking spaces. Additionally, the 3 foot wide interior landscape area, adjacent to the 8 foot high wall (located on the westerly property line) cannot be provided without adversely affecting the parking circulation and may result in the loss of on -site parking. The building is currently located on the easterly property line which prevents landscaping along the easterly property line. Lighting: Parking lot and site illumination height Complies. Lighting on the building currently reflects and intensity; to minimize the reflection onto adjoining street right -of -way. A condition of of lights to the streets and neighboring approval will required the exterior lighting to be properties. shielded in order to comply with this requirment. Use Permit No. 3611 Page 10 �3 Staff is of the opinion that the on -site development standards as they apply to site requirements, walls, and landscaping should be waived if the Planning Commission approves this application, since the granting of the waiver will generally achieve the same results as would strict compliance with the requirements of Chapter 20.82. It should also be noted that the Planning Commission has the ability to call up the use permit for review in the future, should problems arise with regard to any aspect of the operation. Alcoholic Beverage Service Liquor license concentration and crime statistics for the area in which a project including alcoholic beverage service is proposed is an important consideration for the Planning Commission. The subject facility is located within Police Reporting District No. 15 and Census Tract No. 635.00. 111 QLT3RE11IIhNT . 0 Utilities All utilities required to be undergrounded. Complies. Supply Storage Supply storage to be contained within a Complies. Supplies are currently stored in the former No. 635.00 building. trash enclosure which is an enclosed structure, Population: 6,182 however, the plans submitted with the application indicate that the outside storage will be removed. Refuse Storage Refuse storage outside of a building shall Complies. The on -site trash enclosure will be on -sale licenses be hidden from view by a solid masonry reconstructed clear of the required alley setback, to wall 6 feet in height with self - locking accommodate the dumpster currently located at the (1 per 893 persons) gates. alley setback line. Staff is of the opinion that the on -site development standards as they apply to site requirements, walls, and landscaping should be waived if the Planning Commission approves this application, since the granting of the waiver will generally achieve the same results as would strict compliance with the requirements of Chapter 20.82. It should also be noted that the Planning Commission has the ability to call up the use permit for review in the future, should problems arise with regard to any aspect of the operation. Alcoholic Beverage Service Liquor license concentration and crime statistics for the area in which a project including alcoholic beverage service is proposed is an important consideration for the Planning Commission. The subject facility is located within Police Reporting District No. 15 and Census Tract No. 635.00. The census cract currently exceeds the countywide average of on -sale licenses and off -sale liquor licenses, based on population. This indicates an overconcentrationof licenses in the area as defined b Includes murder, robbery, rape, burglary, theft, arson, auto theft. Includes drinking, narcotic violation, vandalism, drunk and disorderly. Use Permit No. 3611 Page 11 AA Projected Based on Census Tract Orange County Reporting No. 635.00 average District 15 Population: 6,182 Liquor Licenses: on -sale licenses 46 7 (1 per 134 persons) (1 per 893 persons) off -sale licenses 9 5 (1 per 687 persons) (1 per 1,533 persons) Part iType- Arrest Part 2 Type- Arrests 412 958 Total Crime Incidents 1,270 (1996) (647% times the ReportingDistrict average Citywide) Average per Reporting District Citywide 196 The census cract currently exceeds the countywide average of on -sale licenses and off -sale liquor licenses, based on population. This indicates an overconcentrationof licenses in the area as defined b Includes murder, robbery, rape, burglary, theft, arson, auto theft. Includes drinking, narcotic violation, vandalism, drunk and disorderly. Use Permit No. 3611 Page 11 AA by State law. The number of crime incidents in Reporting District No. 15 in 1996 is above the Citywide average per reporting district by 547 %. City Council Policy K -7 contains provisions regarding the necessary finding of public convenience and necessity for the approval of any new or upgraded alcohol license, as follows: "It is the policy of the City Council that the public convenience and necessity will not be served by the approval of any new or upgraded license or the premises -to- premises transfer of any license for bars and cocktail lounges or cabarets and nightclubs..." This proposal is for a restaurant expansion which will include a change in alcohol license type, from beer and wine service to full service. While this does not represent an increase in the liquor licenses in the area, it will expand the variety of alcoholic beverages served by the restaurant. However, given the small size of the facility, the fact that there is no bar /lounge area and the alcoholic beverage service will be incidental to the principal use as a restaurant, the project should not have a detrimental effect on the neighborhood nor result in a significant demand for police services. Additionally, the Police Department has reviewed the request and has indicated that the existing ABC License conditions are adequate for the expanded facility. Approval is also consistent with City Council Policy K -7, since the use is a restaurant, and not a bar, cocktail lounge, cabaret or nightclub as defined by the Municipal Code. In working with the applicant's representative, staff of both the Police and Planning Departments have emphasized the need for the management to exercise adequate control of its patrons and employees to prevent problems of noise and excess alcohol consumption. If the operator's control should not adequately prevent problems from occurring, Condition of Approval No. 37 provides for the Planning Commission to add or modify conditions of approval, of recommend to the City Council to revoke the use permit. Recommendation Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in ' the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the proposed restaurant expansion is compatible with the surrounding neighborhood since there is elimination of the currently permitted daytime use of the facility and the existing food service facility has operated in this location with no problems. Additionally, the increase in the parking requirement and increased parking demand caused by the expansion and the change in operation (addition of full service alcohol) can be accommodated by a combination of the available on -site parking and the off -site parking location. Also, the fact that there is no separate bar, no Use Permit No. 3611 Page 12 a5 entertainment (on a regular basis) and limited hours of operation should prevent any problems associatedwith noise which may disturb neighboring properties or uses. Staff is also of the opinion that the existing physical attributes of the property, limited by the small size of the site and ingress and egress for vehicles from the adjoining alley complicate the ability to bring the property into full compliance with the provisions of Chapter 20.82 of the Municipal Code with regard to site requirements, walls (surrounding the restaurant site) and landscaping. Should the Planning Commission wish to approve Use Permit No. 3611, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial inasmuch the proposed restaurant use, in this particular case, conforms to the requirements of the Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: JAVIER S. GARCIA, AICP Senior Planner Attachments: Exhibit "A" Excerpt of Planning Commission Minutes dated December 9, 1993 Existing and Proposed Seating Plans Tentative Off -Site Parking Lot Plan Plot Plan, Floor Plans and Elevations FAUSERSTLNISHAREM 1 PLANCOW 199T0807MUP361 LAOC Use Pelmil No. 3611 Page 13 a� Exhibit No. 3 April 27, 1998 City Council Minutes and Staff Report v City of Newport Beach City Council Minutes April 27,1999 INDEX • 24. APPROVE BUDGET AMENDMENT (BA -063) TRANSFERRING BA•063 $89,600 FROM SALARIES SAVINGS TO PROVIDE ADDITIONAL Library Computer FUNDING TO UPGRADE THE LIBRARY'S COMPUTER SYSTEM. System (40/50) 25. UNDERGROUND UTILITIES ON LITTLE BALBOA ISLAND Underground (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78). Utilities/ Appropriate $35,000 from the General Fund Reserve to Assessment District AD 78 No. 78 account to pay for installation of underground conduit prior to (89) formation of the proposed assessment district, but in conjunction with the current construction and street work. 26. ORANGE COUNTY GRAND JURY REPORT. Accept the OC Grand Jury recommendation of the Orange County Grand Jury to publish a separate Report/Refuse annual cost disclosure of refuse collection costs related to City refuse Collection Costs collection as part of the annual recycling surcharge adjustment and (44) authorize the City Manager to respond to the Grand Jury Report. 27. OCEAN FRONT STREET ENDS REPORT. Receive and file. Street Ends (74) 28. GRANT RENEWAL APPLICATION FOR CRIME PREVENTION Grant Renewal PROGRAM. Approve the Police Department's request to submit a grant Application/ renewal application to the Bureau of Justice Administration (BJA) for an Crime Prevention entitlement grant in the amount of $57,901 in order to continue funding the (70) position of Crime Prevention Specialist. • 29. UPDATE ON EASTBLUFF TRAFFIC. Receive and file. Eastbluff Traffic (85) 30. UPPER NEWPORT BAY DREDGING UPDATE. Receive and file. Dredging (51) S34. FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE C -3057 CITY OF NEWPORT BEACH AND BAHIA CORINTHIAN YACHT Bahia Corinthian CLUB. Acorove First Amendment to Lease. Yacht Club (38) 535. COMMERCIAL IN -LIEU PARKING FEE PROGRAM - Aubergine Res 98 -28 Restaurant. Adopt Resolution No. 98.28 amending Resolution No. 89.7 of UP 3611 the City Council of the City of Newport Beach regarding in -lieu parking fees; Aubergine Rest. find that use of in -lieu parking fees to satisfy parking requirements for (88) Aubergine Restaurant is in substantial conformance with conditions of approval for amendment to Use Permit No. 3611; and approve permit for use of in -lieu parking fees. Motion by Mayor Pro Tem O'Neil to approve the Consent Calendar, except for the item removed (7). Without objection, the motion carried by acclamation (Council Member Glover abstained on Item No. 9). 7. ORDINANCE NO. 98 -8 ADDING TERRITORY KNOWN AS "BONITA I Ord 98.8 CANYON" TO COUNCIL DISTRICT FIVE. Bonita Canyon Annexation Council Member Noyes welcomed future Bonita Canyon landowners to (21) Volume 52 - Page 10 a V a ` rcwooRr CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC V 1 DEVELOPMENT oa ^'` PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 fearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL April 27, 1998 Sharon Z. Wood (714) 644 -3222 PROJECT: Use of Commercial In -lieu Parking Fees for Certain Eating and Drinking Establishments Request to Use In -lieu Parking Fees for Aubergine Restaurant, 508 29"i Street SUGGESTED ACTION: Adopt Resolution Amending Resolution No. 89 -7 of the City Council of the City of Newport Beach Regarding In -Lieu Parking Fees Find that use of in -lieu parking fees to satisfy parking requirements for Aubergine Restaurant is in substantial conformance with conditions of approval for amendment to Use Permit No. 3611, and approve permit for use of in -lieu parking fees Commercial In -lieu Parking Fee Proms The City Council adopted a resolution suspending the use of commercial in -lieu parking fees in 1989. This action was in response to concerns that businesses allowed to meet parking requirements by paying fees had less of a burden than those businesses required to provide required parking on site or through an agreement with an owner of a separate parking lot. This "moratorium" is in effect until two conditions are satisfied. The first is adoption of the Central Balboa Specific Area Plan, which occurred in 1997. The second is City Council action on Ordinance No. 88 -47, which would revise the commercial in -lieu parking fee program. This ordinance was tabled by the City Council on January 9, 1989, because agreement could not be reached on the amount of an in -lieu fee. No action has been taken since then. The Planning Commission approved an amendment to Use Permit No. 3611 on August 7, 1997, allowing Aubergine Restaurant to expand. A condition of that approval is that the required parking be provided on a separate lot, as provided in Section 20.66.080 of the Zoning Code. Since that approval, the restaurant and the adjacent property owner have not been able to reach agreement on terms of a lease for the parking spaces. Staff has been working with the restaurant to identify alternative methods of meeting its parking requirements, including in -lieu fees. M In analyzing Aubergine's operational characteristics and parking demand, staff has found that a restaurant with these characteristics can use street parking without adversely affecting the surrounding neighborhood. Aubergine has operated for four years with three parking spaces on site, and thirteen spaces provided through agreement with the owner of an adjacent property. The restaurant's experience during this time has shown that patrons park on the street even when off - street parking in the adjacent lot has been available. There is ample parking on 296' Street, and neighbors have not complained about a lack of convenient parking or about disturbances from patrons using the street parking. If the restaurant were to arrange for parking on a separate lot, staff believes that only the "paper" parking requirement will be met, and patrons will continue to park on the street. Staff believes that Aubergine is an example of the type of restaurant for which the use of in -lieu parking fees is a good solution. The restaurant is small, and will remain small even after the expansion, and turnover of diners is very low. These characteristics contribute to a low demand for parking. Staff is recommending that the City Council amend Resolution 89 -7 only with respect to eating a rd 'eking establishments with operational characteristics that include small scale (fewer than ive seats), very low turnover, closure earlier than midnight, and location in an area with ample and convenient street parking for which there is limited demand. The issues concerning the commercial parking in -lieu fee program that were raised in 1988 have not been resolved, and staff does not recommend authorizing general use of the program until those issues are resolved. We are hopeful that can be done as an outgrowth of the parking management plan currently being prepared for the Balboa Peninsula. Aubergine Restaurant Parking Requirement The conditions of approval for Aubergine's use permit amendment include the following two related to parking. 7. That 16 parking spaces (one parking space for each 50 square feet of net public area, 800 sq. ft. maximum) shall be provided on -site and at the off -site location to serve the proposed nighttime operation of the facility. That the handicap parking space shall be relocated to the alley and Parking Space No. 1, as shown on the site plan, shall be designated as employee parking only. 8. That the applicant shall submit the appropriate off -site parking application, which shall be approved by the City Council and recorded on the property, prior to issuance of any building permits for the proposed expansion. Staff believes that the use of in -lieu parking fees will conform substantially with these conditions of approval. The payment of these fees allows a business to use a municipal parking lot, which is an off -site parking location, to provide its required parking. To determine whether the use of in -lieu parking fees is appropriate in this case pursuant to Section 12.44.125 of the Municipal Code, staff has analyzed the suitability of the location and the availability of parking in the municipal lot. The Cannery Village Municipal Parking Lot is located around the comer and to the north of the restaurant site. It is within close proximity to the subject Page 2 restaurant (approximately 175 feet), and in the same proximity to the subject restaurant as the previously approved off -site location. The 47 parking spaces in the Cannery Village Municipal Parking Lot are currently encumbered through the commercial in -lieu parking fee program. The businesses which have been allowed to provide a portion of their required parking through this program are the Newport Brewing Company (UP #3485) and the vacant Wan Fu Restaurant (UP # 3343). The City committed to the use of in- lieu parking fees for these businesses at the time the Cannery Village Municipal Parking Lot was acquired. The Real Property Lease/Purchase Agreement, made between the City and the sellers of the parking lot, states in section 11, Title to Project (b), that the seller understands that the city intends to use the parking lot in 'conjunction with its in lieu parking program. Further, "...provided however, such persons participating in such program shall not be granted, nor shall there be conveyed to any such person, any possessory or proprietary interest in or to the Project, the Site or any portion thereof." It should also be noted that the in -lieu parking fee program does not limit the City from approving in -lieu fees for more spaces than available in the lot. As a practical matter, however, the City should consider whether there is sufficient parking to accommodate the uses paying the in -lieu fees. In this particular case, the municipal lot generally has open parking in the evening hours on weekdays. There is likely to be a higher demand, and a resultant competition, for the parking spaces on Friday and Saturday evenings, when many of the restaurants in the Cannery Village area are busiest. Staff does not anticipate that the addition of Aubergine Restaurant to those businesses allowed to use this municipal parking lot will create parking problems, due to the restaurant's past experience with patrons using street parking even when off -site parking was available in close proximity. Staff believes that Aubergine's use of in -lieu parking fees meets the requirements of the Municipal Code, and should be approved. If approved, Aubergine would be required to pay the City $150 per year for each required parking space that cannot be provided on site. SHARON Z. WOOD Assistant City Manager Attachment Page 3 31 Exhibit No. 4 City Council Resolution No 98 -28 3a RESOLUTION NO. 98 -2-8 A RESOLUTION AMENDING RESOLUTION NO. 89 -7 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REGARDING IN LIEU PARKING FEES WHEREAS, the City Council adopted Resolution No. 89 -7 on February 27, 1989, which prohibited the issuance of new permits pursuant to the provisions of Section 12.44.125, until the City Council's approval of the Specific Area Plan for Central Balboa and Council action on Ordinance No. 88-47. The Central Balboa Specific Area Plan has been adopted; however, the City Council has not taken action on Ordinance 88 -47; WHEREAS, the City Council has authorized the preparation of a Parking Management Action Plan for Balboa Peninsula; WHEREAS, the City Council anticipates that, as a result of said Plan, action will be taken to address Ordinance No. 88 -47 in the near future; WHEREAS, the City Council finds that eating and drinking establishments that operate with certain characteristics have a very low parking demand, which can be met with street parking without causing adverse impacts on the surrounding neighborhood. Said characteristics include small scale (fewer than forty-five seats), very low turnover, closure earlier than midnight, and location in an area with ample and convenient street parking for which there is limited demand; WHEREAS, the City Council finds that an exception to Resolution No. 89 -7 is warranted for eating and drinking establishments with the operational characteristics described above. Said exception will provide for an akemative arrangement for parking consistent with the waiver standards provided in Title 20 of the Newport Beach Municipal Code and with the requirements of the Coastal Act; will not be detrimental to the health, safety and welfare of the areas surrounding qualifying eating and drinking establishments; and will not have a detrimental impact on available parking or on any future decisions to amend the provisions of Section 12.44.125; NOW, THEREFORE, BE IT RESOLVED that a permit pursuant to the provisions of Section 12.44.125 of the Newport Beach Municipal Code may be issued to eating and drinking establishments with the operational characteristics described in the findings above. This issuance shall be an exception to the prohibition for issuance of new permits contained in Resolution No. 89 -7 limited to the unique circumstances provided in the findings above. ADOPTED, this 2701 day of April 1998. Thomas Cole dwards, Mayor ATTEST: z4l 8l� < 9V LaVonne Harkless, City Clerk F.X aM$\Resolution'ParkgPermit.doe -2- 5� �•G �- STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF NEWPORT BEACH ) I, LEILANI V. INES, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -28, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of April, 1998. 1_ Deputy City Clerk of the City of Newport Beach, California 55