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HomeMy WebLinkAbout08 - Thai Del Mar Restaurant - PA2003-002 - 2754 East Coast HighwayCITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 8 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez(a ) city.newport- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong ISSUE: Attached are the minutes from the April 3, 2003 Planning Commission hearing regarding the above referenced application. Prepared by: Gregg 5. Ramire z, Associa e Planner Attachments: Submitted by: L'JU"t'l"Al k Patricia L. Temple' Director A. Excerpt of minutes from the April 3, 2003 Planning Commission hearing ATTACHMENT A EXCERPT OF MINUTES FROM THE APRIL 3, 2003 PLANNING COMMISSION HEARING City of Newport Beach Planning Commission Minutes April 3, 2003 INDEX B1 1ECT : McDonald's Corporation - (PA 23001 -155) Item 1 700 West Coast Highway I PA2001 -155 Use Permi d Development Plan to redevelop the existing McDonald's restaurant Removed from in the Mariner ile area. The existing 3,045 sq. ft. restaurant will be demolished and calendar a new 3,113 sq. f . staurant building will be constructed with a reconfigured drive - thru. The application requests a modification of required parking. Ms. Temple reported th the applicant had requested an additional continuance of this matter. Ho ver, due to the number of continuances and the fact that there is still no final pla f the project, staff believes that the project should be re- noticed and therefore re mmend that the Planning Commission remove this item from the calendar. Mr. Campbell noted that the applicant is aware t this item is being removed from the calendar and that it will need to be re- notice Motion was made by Commissioner McDaniel to remove this i from calendar. Ayes: Toerge, Agajanian, McDaniel, Kiser, Selich, Tucker Absent: Gifford SUBJECT: Thai Del Mar (PA2003 -002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out restaurant to a full service, small scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit. Ms. Temple noted that following consultation with the Building Department staff on the need for the installation of a handicap accessible restroom in association with approval of a use permit to allow on -site seating with food service, our local building code requires a restroom because there is patron seating present. However, there is a restroom on site. It is the Health and Safety Code that prohibits its use by patrons due to its location since customers may not pass through the kitchen in order to access the restroom. It is a Health and Safety Code requirement and the County Health Department is the enforcing agency on that limitation. Because of this, staff feels it is within the purview of the Planning Commission to eliminate condition 16 altogether, thereby not requiring any changes to the existing restaurant arrangement. However, if this is done, it should be done with the acknowledgement of the applicant that the Health Department does have the power to enforce the requirements of the Health and Safety Code and could create compliance problems for the business later on. If the Health Department got to the point of requiring a restroom consistent with the requirement not to pass through the kitchen, we also think there is a possibility that the kitchen could be Item 2 PA2003 -002 Approved City of Newport Beach Planning Commission Minutes April 3, 2003 redesigned to provide a path that could be considered outside the area of food preparation. However, until the process has gone through the Health Department, we can not assure the Commission that the Health Department would in fact conclude the alternate method would be satisfactory. If the Planning Commission wishes that path to be pursued then condition 16 should be maintained At Commission inquiry, she added that no letters of objection had been received and several of support had been received. Chairperson Kiser noted that he was not present for the February 20th meeting but had read the minutes of the meeting and the prior staff report and is prepared to participate tonight. Chairperson Kiser asked about the feasibility of using the back door as an entrance to the restroom. Ms. Temple noted that this would not be acceptable because: • There is an intervening commercial property, • Patrons would have to come out to Coast Highway, over to the street and over Goldenrod and come back in; this would be a long path to travel and not meet the requirements for accessibility. Building Department suggested an arrangement within the cooking and storage area where a path could be created down one side in order to create a path to the restroom facility. • The current floor plan is the revised floor plan dated January 3rd that was in the last meeting packet and it has not been changed. The tenant space is only 11 1/2 feet wide and a 3 foot travel path will take substantially from the kitchen width. Commissioner Tucker noted that the continuance for this item was for the purpose to see if staff had a means to resolve condition 16. The codes are great and meaningful, but this a 600 foot space and you can not have a handicap restroom with perfect access without spending so much money to re -do it that it is a choice of remaining in business or not. As far as the Planning Commission is concerned, I would like not to be the one who decides to put them out of business. If the Health Department does that, there is nothing we can do. I will be making a motion to delete condition 16 and approve this application and move it on. Public comment was opened. Mr. Robert Wynn, spoke representing the lessees of the restaurant. He noted he had met with the Building Director due to the concern of the American with Disabilities Act (ADA) restroom requirement. The Director noted that the Building Department does not require ADA restroom unless a new one is required and built. The County Environmental Health Agency has a prohibition of passing through the areas of food preparation. He noted that there are two bids for the restroom work, one at $18,500 and one for $17,950. The Health Department is concerned about patrons walking through the food preparation area. The applicant is INDEX City of Newport Beach Planning Commission Minutes April 3, 2003 planning on moving some shelving and putting signs up to lead patrons directly to the restrooms. The back door leads through a corridor out onto Goldenrod and is used for deliveries. He requests that item 16 be removed because if the applicant can not satisfy the Health Department, they have the rules and regulations to require a new restroom. If there is a new restroom, the Building Department will require that it be ADA compliant. If the Health Department is satisfied, the Building Department has no problem with the restroom as it now stands. At Commission inquiry, he added that the lessee is trying to get his lease renewed next year. Chairperson Kiser noted his support of Commissioner Tucker's statement. Commissioner Agajanian noted that this is an abnormally small structure that was intended for a small restaurant use, not a regular restaurant use, due to the parking. We are fighting against a required restroom; this may not be the right place for this type of restaurant. Even with condition 16 removed, I don't mind it remaining the way it is but letting this use expand into a space that is too small for what it is intended, I am not going to be able to support it. Motion was made by Commissioner Tucker to approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the draft resolution with the removal of condition 16. Chairperson Kiser added: • In Section 2 of the resolution, add tonight's public hearing date. • In Section 4, the plans were dated January 3, 2003 not January 1, 2003. • Date the resolution to April 3, 2003. Ayes: Toerge, McDaniel, Kiser, Selich, Tucker Noes: Agajanian Absent: Gifford ECT: Zoning Code Amendment Citywide Amend Chapte 5 to be compliant with Assembly Bill No. 1866, Chapter 1062, Statutes 2002. This a ment would make the existing Use Permit requirement for a granny unit subject tc,714e.,approval by the Planning Director. Copies of Ordinance No. 88 -39 an 46 were distributed to the Planning Commission. Public comment was opened and then closed. Commissioner Tucker, noting that the Planning Director was uni suited to handle this as opposed to the Planning Commission and since it is app&miQLIe to the Planning Commission made Motion to Adopt Resolution No. INDEX Item 3 PA2003 -054 Recommended for approval CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. _8 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez(a)city.newport- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong ISSUE: Should the City Council approve a request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small -scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit? RECOMMENDATION: Staff recommends the City Council hold a public hearing and uphold the Planning Commission decision to approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached draft Planning Commission Resolution. DISCUSSION: On April 3, 2003 the Planning Commission approved the application removing Condition No. 10 of Use Permit No. 3153 which prohibited customer seating, thereby allowing the restaurant to operate as a full service, small scale establishment. As part of their approval, the Commission limited the number of tables to six (6) and the number of seats to fifteen (15). Additionally, the Commission debated the merit of requiring the construction of a restroom adjacent to the dining room, as it was discovered that patrons would need to walk through the kitchen to access the existing restroom behind the kitchen. It was determined that the existing restroom satisfies local Building Department regulations but may not satisfy Health Department regulations which may prohibit patrons from passing through food preparation and storage areas to access the Thai Del Mar Restaurant April 22, 2003 Page 2 restroom. The Planning Commission based their decision not to require a new restroom on the fact that its construction would be a physical and financial hardship and the possibility that the Health Department and the applicant may be able to design a modified floor plan to allow patrons to access the existing restrooms. The original approval of Use Permit No. 3153 included a parking waiver for all fifteen parking spaces required by the Zoning Code regulations in effect at that time. The required parking was based on a take out restaurant use. The current Zoning Code requires the following number of parking spaces be provided: Take out Service: 1 per 50 sq.ft.; plus one for each employee on duty Full Service, small scale: 1 per each 3 seats or 1 per each 75 sq.ft. of net public area General Retail. 1 per each 250 square feet Given these regulations, the number of parking spaces for the approved take out use required by the current Zoning Code is fifteen spaces. The required parking for the proposed full - service, small -scale restaurant is three or five spaces depending on whether the per seat or net public area ratio is used. Considering the number of proposed seats and walk -in customers the actual parking demand is probably closer to the three to five space requirement for the full - service, small -scale use classification than to the fifteen space take -out requirement. Although take -out food orders will remain a component with this restaurant, as it is with many restaurants offering table service, the primary impact of the change in use is that a few patrons will linger longer, thus reducing the turnover of parking spaces on the street of those patrons who drove to the establishment. By comparison, a general retail use would require three parking spaces at this location. However, general retail is permitted by right and a new retail establishment could move in to this location without approval of a parking waiver. Environmental Review: This project has been reviewed and it has been determined that since the construction associated with the proposed use is limited to minor interior alterations only, it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Thai Del Mar Restaurant April 22, 2003 Page 3 Alternatives: The Council has the following options: 1. Uphold the decision of the Planning Commission by approving the project subject to the findings and conditions contained within Planning Commission Resolution No. 1591. 2. Modify the decision of the Planning Commission. 3. Deny the application. Prepared by: Gregg B' Ramirez, AssociaA Planner Attachments: Submitted by: - Patricia L. Temple, Planrfing Director A. Planning Commission Resolution No. 1591 (including findings and conditions of approval) B. Excerpt of Planning Commission minutes from the February 20 and April 3, 2003 (draft) hearings C. Planning Commission Staff Report, February 20, 2003 D. Planning Commission Staff Report, April 3, 2003 ATTACHMENT A PLANNING COMMISSION RESOLUTION NO. 1591 4 RESOLUTION NO. 1591 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3153 (PA2003 -002) FOR PROPERTY LOCATED AT 2745 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Pat and Chamas Khantong with respect to property located at 2745 East Coast Highway, and legally described as Lot 15 of East Newport, Block 3, requesting approval of an amendment to Use Permit No. 3153 that would authorize the establishment of a full service, small scale eating and drinking establishment with customer seating. The site is designated Retail and Service Commercial by both the General Plan Land Use Element and the Zoning Code. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The location for the proposed project requiring this amended Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The amended Use Permit pertains to the conversion of the approved establishment from a take -out restaurant with no seating to a full - service, small -scale eating and drinking establishment with customer seating within an existing building zoned for this activity. The change in use does decrease parking requirements and will have a negligible impact on parking demand due to the fact that dining patrons will tend to stay for a longer period of time than take out patrons. Additionally, the hours of operation have been limited to the lunch and dinner meal periods and service of alcohol is not proposed. 2. The operational characteristics of the proposed use, including the introduction of customer seating and the hours of operation are consistent with Municipal Code requirements. Any change in the operational characteristics including the number of customer seats and hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). City of Newport Beach Planning Commission Resolution No. 1591 Paqe 2 of 4 Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment to Use Permit No. 3153, subject to the conditions set forth in Exhibit "A ", the plans dated January 3, 2003. Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL 2003. AYES: Toerge, McDaniel, Kiser, Selich and Tucker NOES: Agajanian ABSENT: Gifford BY: Steven Kiser, Chairman BY: Shant Agajanian, Secretary U City of Newport Beach Planning Commission Resolution No. 1591 Pape 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED USE PERMIT NO. 3153 1. The development shall be in substantial conformance with the approved floor plan dated January 3, 2003, except as modified by applicable conditions of approval. 2. All trash shall be stored in the building until scheduled trash pick -up occurs. 3. That a tFash eempaete, shall be installed in ee9junetien with the prepesed use. 3. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 4. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 5. Hours of operations shall be limited to between 11:00am and 10:00 pm daily. 6. Within 60 days of this approval, grease interceptors or traps shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code unless otherwise approved by the Building Department and Utilities Department. 7. A washout area /sink for the restaurant trash containers shall be provided in such a way as to insure direct drainage into the sewer system. 8. All mechanical equipment shall be screened from East Coast Highway and adjoining properties. 9. A maximum of six (6) tables and fifteen (15) seats are permitted. 10. No on -sale or off -sale of alcoholic beverage service is permitted. 11. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 12. Amended Use Permit No. 3153 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. City of Newport Beach Planning Commission Resolution No. 1591 Paqe 4 of 4 13.The sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 14. The applicant shall be responsible for picking up trash outside of the full - service, small - scale- eating and drinking establishment on a daily basis. 15. Delivery vehicles shall not be parked on any residential streets or alleys adjacent to or nearby the full - service, small -scale eating and drinking establishment. 16. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use 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 depicted below for the specified time periods: V Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00am interior exterior in erior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA V ATTACHMENT B EXCERPT OF DRAFT MINUTES FROM THE APRIL 3, 2003 PLANNING COMMISSION HEARING i City of Newport Beach Planning Commission Minutes February 20, 2003 Ayes: Toergg ian, McDaniel, Gifford, Selich, Tucker Excused: Kiser SUBJECT: Thai Del Mar - (PA2003-002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out restaurant to a full service, small scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit Mr. Bob Wynn, representing the applicant noted the following: • The restaurant is 52 feet long and 11.5 feet wide. • The current use in this restaurant violates the existing use permit that had been issued in 1985 that did not allow sit down seating. • In 1997, the applicants bought the establishment and at that time there were tables and chairs in the restaurant. The present owners thought that the seating was a legal use. It was an obvious assumption that sit down seating was allowed, but it was erroneous. • The applicants have read the staff report and concur with staff's findings with one exception, the restroom. Two bids were obtained for the construction of the unisex restroom. He asked that the Commission remove this condition as the bids come in at $18,500 and $17,950 just to replace the current restroom. The Code will require a handicap accessible restroom and in order to do that the price would be increased to $53,850 and $55,500 which is about 30% more than the current bids to replace the one that is in the back of the restaurant now. • They have one year remaining on the lease and an expense of this kind would be difficult to agree to and to meet. Commissioner Selich asked if the Planning Commission had the ability to waive the restroom requirement. Ms. Temple answered it is not within the jurisdiction of the Planning Commission to waive such a requirement, however, we could provide the maximum amount of latitude for the applicant to work with the Building Department to see if there is any other possible means of resolution by adding to the wording on condition 16 , '...or the Building Department rinds that this is not required ....... If the Building Department can find any provision in the Uniform Building Code or the Handicapped Access Code to either waive the requirement or use another alternative to the one that has been suggested, that would all be consistent with the conditions. There is only one year left on the lease, but the applicant could reinstate the non - seating restaurant operation and then work on a lease extension that would justify such an expenditure. t6] INDEX Item No. 5 PA2003 -002 Continued to 04/03/2003 ,, City of Newport Beach Planning Commission Minutes February 20, 2003 INDEX Ms. Clauson added that Ms. Temple's suggestion would give more flexibility for the building official and then any appeal of that decision or waiver goes to the Board of Appeals that deal with building issues. That would be the route the applicant can take. Commissioner Tucker confirmed that the seating in the restaurant triggers the need for something that otherwise does not need to happen. You have an approximate 600 feet space, and the handicap restroom takes up a lot of room. Commissioner Gifford noted that she would not want to create some exceptional situation that remains after a new lease is negotiated. If your client is intending to continue business in this location, now may be the appropriate time to negotiate a new lease. Mr. Wynn presented some language for condition 16: If the use is modified in the future with RSC Zoning or if a new five year lease is issued, or if a remodel is performed involving $1,000 then the applicant is required to obtain permits for the restroom, etc.....' Ms. Temple answered that she would have to take that language back to the building official to see if it meets the requirement of the Uniform Building Code. We would have to continue this item for a couple of weeks if the Commission decides that is what should be done. We can attempt to find out if it was not required as well. To change the language as Mr. Wynn has suggested, I would like to consult with the Building Director before the Commission actually accepts this language. Mr. Wynn conjectured that if that requirement is not in there, but you just amend the original use permit to allow sit down seating and don't even mention restrooms, in my opinion the requirement of the restroom wouldn't be impacted by the State Law. If you don't mention the restroom, are they allowed to have the sit down seating? He then read a letter from Mr. Paul Connelly in support of this restaurant. Ms. Clauson noted that this condition was put in so that the Building Department would know that it needs to be done. It is a matter of dealing with them on the State Law requirements. It is not a Planning Department requirement. Vice Chairperson McDaniel noted that since this has been brought to our attention, if we do not concern ourselves with ADA situations, do we leave the City open to any issues? If we are aware of this and we didn't make them fix it, where does that leave the City? Ms. Clauson answered that she is not aware of how this would come to the attention of the Building Department; maybe you don't need a building permit to trigger this. I do not know how they process violations of State Law. I don't think taking out the condition avoids the requirement to comply with the building code; it may avoid triggering somebody's review of enforcing it. Ms. Temple added that if the Commission wishes to proceed with this concept, they 17 City of Newport Beach Planning Commission Minutes February 20, 2003 INDEX need to continue this item for two weeks so that she could talk to the building official about his enforcement posture now that we are informed this is a requirement and to see if the lack of building permit necessarily would make their enforcement posture different. Ms. Clauson confirmed that it would be best to talk to the building official for the rationales, reasons, suggestions and alternatives that the applicant is proposing will get the same results rather than eliminate language that the Building Department requested. Commissioner Toerge noted: • Doesn't understand how accessible bathrooms cost three times what a regular one costs, I build them and they don',t. • There are a number of restaurants in Corona del Mar that have indoor seating with restrooms accessible through the kitchen, they work fine. • We should do all we can to accommodate this applicant, even removing this condition. Commissioner Agajanian stated he would be in favor of continuing this item to see if there are alternatives to work with. It is obvious the applicant missed the 'table' condition in the first place. Commissioner Gifford noted she is uncomfortable removing a condition for the stated purpose of avoiding triggering the enforcement of a building code requirement and would like to see this item continued and suggested that the applicant talk to their landlord about their lease. Commissioner Selich noted he would eliminate the condition Commissioner Tucker noted he would both eliminate the condition and continue the item. This restaurant would have to be radically changed with a new restroom. Public comment was opened. Motion was made by Commissioner Selich to approve amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached resolution with the elimination of condition 16. Commissioner Tucker noted he would like to see a continuance to the meeting of April 3rd to give the building official time to look at alternatives and if it comes back with the insistence on this condition then next time I would not vote on the removal of this condition. He made this a substitute motion. Commissioner Selich noted he would withdraw his motion. Ayes: Toerge, Agajanian, McDaniel, Gifford, Selich, Tucker Excused: Kiser 18 Ia The final Planning Commission minutes for this item will be distributed to the City Council in the supplemental agenda packet on Friday, April 18, 2003. 15 �3' ATTACHMENT C PLANNING COMMISSION STAFF REPORT FEBRUARY 20, 2003 \b CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 February 20, 2003 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez _city.newi)ort- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full- service, small - scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit. The subject property is located in the Retail and Service Commercial (RSC) Zoning District. APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong ISSUE: Should the Planning Commission approve a request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small -scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit? RECOMMENDATION: Staff recommends the Planning Commission hold a public hearing and approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached draft Planning Commission Resolution. DISCUSSION: Site /Project Overview: Thai Del Mar is an existing eating and drinking establishment located on the easterly side of East Coast Highway between Fernleaf Avenue and Goldenrod Avenue in Corona Del Mar. The applicant requests to amend Condition No. 10 of Use Permit No. 3153, which prohibits customer seating. This application was submitted as a result of a \1 Thai Del Mar Restaurant February 20, 2003 Page 2 THAI DEL MAR, 3754 EAST COAST HIGHWAY (PA2003 -002 ) Current Development: I I Small scale eating and drinking estabiishment To the north: I Retail and Service Commercial To the east: ,07 fir! To the south: Retail and Service Commercial I To the west: I Retail and Service Commercial (across Coast Highway) '8 p-m 67 �\ Subject Property "so ' __ --------- - --- - .6j� 1 Lf Sfl li f /f if 477 r I 1, I� F�et VICINITY MAP THAI DEL MAR, 3754 EAST COAST HIGHWAY (PA2003 -002 ) Current Development: I I Small scale eating and drinking estabiishment To the north: I Retail and Service Commercial To the east: Residential (across Goldenrod Avenue) To the south: Retail and Service Commercial I To the west: I Retail and Service Commercial (across Coast Highway) `y Thai Del Mar Restaurant February 20, 2003 Page 3 code enforcement investigation that found customer seating and table service being made available to restaurant patrons. The restaurant occupies approximately 600 square feet with approximately 184 square feet of net public area (dining, waiting) 99 square feet of casher /counter space and 317 square feet of kitchen, storage and restroom space. The applicant is proposing to authorize the existing fifteen (15) seats and six (6) tables to allow sit down dining. However, take out orders for pick up by customers will also be offered. The existing hours of operation are 11:00 a.m. to 10:00 p.m. daily, although, the existing use permit allows the hours of operation to be 7:00 a.m. to midnight daily. No on -site parking is available and no off -site parking agreement currently exists. The applicant states that they have been operating with fifteen seats since opening Thai Del Mar in 1997. No alcoholic beverage service is presently authorized or proposed. Background: The Planning Commission approved Use Permit No. 3153 on June 20, 1985 permitting the establishment of a take -out restaurant /delicatessen (Mucho Munchies). The approval included conditions that waived the required fifteen (15) parking spaces and prohibited customer seating. An adjacent business owner subsequently appealed that decision to the City Council who, on August 12, 1985, upheld the decision of the Planning Commission. The following conditions most pertinent to this application were included in that original approval: Condition No. 5: That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. Condition No. 10 That no customer seating shall be permitted in the facility unless an amended use permit is approved. Analysis: The addition of fifteen seats changes the use classification from take -out to a full - service, small -scale restaurant with sit down dining and table service and ancillary take- out service. General Plan/Zoning Code The City's General Plan designates the site as Retail and Service Commercial (RSC). Eating and drinking establishments are a permitted use within the RSC General Plan land use category. Therefore, the applicant's request is consistent with the General Plan. �O� Thai Del Mar Restaurant February 20, 2003 Page 4 The subject property is located within the Retail and Service Commercial Zoning District which requires that full- service, small scale eating and drinking establishments obtain approval of a use permit issued by the Planning Director. However, since this request is for an amendment to an existing use permit approved by the Planning Commission, the amendment request must be considered by the Planning Commission. Hours of Operation Condition No. 6 of Use Permit No. 3153 allows the establishment to be open between the hours of 7:00 a.m. and midnight daily. Currently, Thai Del Mar's hours of operation are 11:00 a.m. to 10:00 p.m. daily. Given the proximity to the residential neighborhood and that the use permit runs with the property, staff believes that the permitted hours of operation should be amended to reflect the existing hours of operation (11:00 a.m. to 10:00 p.m. daily) which will permit this or any future restaurant to operate during the lunch and dinner hours only. Parking The original approval of Use Permit No. 3153 included a parking waiver for all fifteen parking spaces required by the Zoning Code regulations in effect at that time. The required parking was based on a take out restaurant use. The current Zoning Code requires the following number of parking spaces be provided: Take out Service: i per 50 sq.ft.; plus one for each employee on duty Full Service, small scale: 1 per each 3 seats or 1 per each 75 sq.ft. of net public area General Retail: 1 per each 250 square feet Given these regulations, the number of parking spaces for the approved take out use required by the current Zoning Code is fifteen spaces. The required parking for the proposed full- service, small -scale restaurant is three or five spaces depending on whether the per seat or net public area ratio is used. Considering the number of proposed seats and walk -in customers the actual parking demand is probably closer to the three to five space requirement for the full- service, small -scale use classification than to the fifteen space take -out requirement. Although take -out food orders will remain a component with this restaurant, as it is with many restaurants offering table service, the primary impact of the change in use is that a few patrons will linger longer, thus reducing the turnover of parking spaces of those patrons who drove to the establishment. By comparison, a general retail use would require three parking spaces at this location. However, general retail is permitted by right and a new retail establishment could move in to this location without approval of a parking waiver. Since the change in use classification does not increase the parking requirements, the addition of seating should not create a significant parking problem in the area. Based on p Thai Del Mar Restaurant February 20, 2003 Page 5 the Title 20 parking requirements and the existing land uses in the vicinity where non- conforming parking is common, staff believes that the parking waiver should remain ineffect for the new three to five space requirement. Building Department Requirements Should the request to permit customer seating be approved, the Building Department has indicated that a unisex bathroom located directly adjacent to the dining room must be provided. Although the existing restroom in the rear of the structure is available for use by patrons, it does not satisfy applicable requirements. A condition of approval (No. 16) addressing this requirement has been included in the draft resolution. This requirement will likely require significant changes to the floor plan, which has yet to be redesigned. Condition No. 7 of the original approval required grease interceptors to be installed on all fixtures in the restaurant where grease may be introduced into the drainage system. A review of building permits and discussions with the applicant found no evidence that this condition was ever satisfied. Therefore, a revised condition has been included requiring grease interceptors or traps be installed within 60 days of approval of the amended use permit. Other Condition of Approval Amendments After a review of the existing conditions of approval, staff is recommending the deletion of one condition and re- wording of others. Condition No. 3 requires that a trash compactor be installed which was either never installed or installed and subsequently removed. Staff believes that Condition No. 2 requiring all trash to be stored inside is sufficient to control refuse storage and accumulation. Additionally, staff has revised several other conditions to reflect the change of use from take -out to full- service, small - scale, and changes in referenced code sections and updated condition language. Please note that due to the deletion of the original Condition No. 3, the numerical sequence of the new conditions of approval has been slightly altered. Environmental Review: This project has been reviewed and it has been determined that since the construction associated with the proposed use is limited to minor interior alterations only, it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Thai Del Mar Restaurant February 20, 2003 Page 6 Additionally, the item. appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives 1. The Commission may determine that the requested changes to the original Use Permit would adversely impact the area by contributing to the on -going parking problem in which case, it would be necessary to deny the amendment. 2. The Commission also has the option to approve a modified project, in which case staff requests that the Commission offer revised findings and conditions of approval. CONCLUSION: In summary, staff believes that the operational change from a take -out restaurant to a full - service small -scale restaurant as proposed by the applicant is a reasonable request and is acceptable for this location. The entire Corona Del Mar commercial area is under - parked, consequently any use, including those permitted by right, going into this particular location will contribute to that deficiency. The draft resolution has been conditioned to limit the number of seats and hours of operation in order to help mitigate the on -going parking problem and land use conflicts in the vicinity. Prepared by: Gregg B. Ramirez, Associ# Planner Attachments: Submitted by: J J Patricia L. Temple, Pla ning Director A. Draft Planning Commission Resolution No and conditions of approval B. Excerpt of Planning Commission minutes approval) from the June 20, 1985 hearing B. Applicant's letter C. Project Plans including findings (including conditions of ATTACHMENT A RESOLUTION NO. 2003 -_, FINDINGS AND CONDITIONS OF APPROVAL a� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3153 (PA2003 -002) FOR PROPERTY LOCATED AT 2745 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Pat and Chamas Khantong with respect to property located at 2745 East Coast Highway, and legally described as Lot 15 of East Newport, Block 3, requesting approval of an amendment to Use Permit No. 3153 that would authorize the establishment of a full service, small scale eating and drinking establishment with customer seating. The site is designated Retail and Service Commercial by both the General Plan Land Use Element and the Zoning Code. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The location for the proposed project requiring this amended Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) District in which the site is located; will not be detrimental to the public health, safety, peace. morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The amended Use Permit pertains to the conversion of the approved establishment from a take -out restaurant with no seating to a full - service, small -scale eating and drinking establishment with customer seating within an existing building zoned for this activity. The change in use does decrease parking requirements and will have a negligible impact on parking demand due to the fact that dining patrons will tend to stay for a longer period of time than take out patrons. Additionally, the hours of operation have been limited to the lunch and dinner meal periods and service of alcohol is not proposed. 2. The operational characteristics of the proposed use, including the introduction of customer seating and the hours of operation are consistent with Municipal Code requirements. Any change in the operational characteristics including the number of customer seats and hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). a� City of Newport Beach Planning Commission Resolution No. Paqe 2 of 4 Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment to Use Permit No. 3153, subject to the conditions set forth in Exhibit "A ", the plans dated January 1, 2003. Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 201h DAY OF FEBRUARY 2003. ME LO-0 Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: ABSENT: City of Newport Beach Planning Commission Resolution No. Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED USE PERMIT NO. 3153 1. The development shall be in substantial conformance with the approved floor plan dated January 3, 2003, except as modified by applicable conditions of approval. 2. All trash shall be stored in the building until scheduled trash pick -up occurs. 3. That a tFash een9paeteF she'! be installed OR eenjunetieig with the ed 3. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 4. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 5. Hours of operations shall be limited to between 11:00am and 10:00 pm daily. 6. Within 60 days of this approval, grease interceptors or traps shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code unless otherwise approved by the Building Department and Utilities Department. 7. A washout area /sink for the restaurant trash containers shall be provided in such a way as to insure direct drainage into the sewer system. 8. All mechanical equipment shall be screened from East Coast Highway and adjoining properties. 9. A maximum of six (6) tables and fifteen (15) seats are permitted. 10. No on -sale or off -sale of alcoholic beverage service is permitted. 11. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 12. Amended Use Permit No. 3153 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. aj City of Newport Beach Planning Commission Resolution No. Pace 4 of 4 13.The sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 14.The applicant shall be responsible for picking up trash outside of the full- service, small - scale- eating and drinking establishment on a daily basis. 15. Delivery vehicles shall not be parked on any residential streets or alleys adjacent to or nearby the full- service, small -scale eating and drinking establishment. 16. Within 90 days of this approval, the applicant shall begin construction of a unisex restroom which is to be located directly adjacent to the dining room, unless waived by the Building Department if other means of providing adequate restroom facilities is provided. The applicant is required to obtain all applicable permits from the City Building and Fire Departments as well as the Orange County Health Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. The final location of the restroom shall be approved by the Planning Department and/or the Building Department. 17. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use 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 depicted below for the specified time periods: Residential 45 dBA 55 dBA 40 dBA 50 dBA P Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:OOam interior exterior interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA i Measured at the property line of I Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential 45 dBA 55 dBA 40 dBA 50 dBA P ATTACHMENT B APPLICANT'S LETTER OF PROJECT DESCRIPTION W NN & ASSOCIATES a 1 1601 DOVE STREET i SUITE 115 NEWPORT BEACH. CALIFORNIA 92660 ROBERT L. WVNN (949) 752 -6923 MUNICIPAL MANAGEMENT CONSULTANT (949) 644 -8576 FAX(949)833 -1810 Ms. Patty Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA re: Amendment to Use Permit 3153 Dear Ms. Temple: This application seeks to amend Use Permit 3153 con- cerning customer seating only. This application does not seek to change building, set backs, heights, parking, or any other characteristic of the present building. On June 20, 1985 the Planning Commission approved Use Permit 3153 permitting a restaurant at 2754 East Coast Highway in Corona del Mar and made all the findings required by your Municipal Code for Use Permits. Condition t10 of the UP reads: "no customer seating shall be permitted in the facility unless an amended use permit is approved ". This application requests an amendment to permit 15 seats. Condition #5 (of UP 3153) reads in part "that the development standards . . . .and the required par!cing spaces shall be waived'. The "sit down" or customer seating restaurant requires less code off street parking than does a "take out" restaurant, thus the request would not increase traffic or par'-ling demand,but may decrease parking demand and traffic. 2CS uftR+T Actually, in November 1997 M . and Mrs. Chamas Khantong replaced a Chinese that had customer seating. The Khantong's did not see the Use Permit and just assumed customer seating was permitted until Mr. Sinasek contacted them and advised them customer seat- ing was not permitted. They immediately contacted me and after hearing their story and confirming it with a Dentist friend around the corner I agreed to seek the amendment. It is a Mom and Pop operation and they propose the 15 seats that has been there since 1997. The Thai Del - 2 - Mar restaurant is a small restaurant having a common wall with Gelatos that has customer seating. The Khantong's propose 5 or 6 tables to occupy the 184 sq. ft. Public Area. They will not expand the restaurant in any way since they opened restaurant in 1997. Normally I do not ask the City to make legal an operation that has be operating in violation of a Use Permit, but in this case I believe there are some justifications. 1) Gelatos next door has customer seating, 2) a "sit down" restaurant actually requires less code required parking than does a "take out, and 3) the restaurant before them had customer seating and they have had it since 1997 apparently with no problem. Thank you. �lxO L6 Robert L. Wyn attached: application plot plan floor plan minutes of PC dated 6 -20 -85 gummed labels 3� ATTACHMENT C EXCERPT OF MINUTES FROM JUNE 20, 1985 PLANNING COMMISSION HEARING 3\ eZ COMMISSIONERS J:0; 20, 1985 MINUTES INDEX A x Use Permit No 3153 (Public Hearing) Request to permit the establishment of a take -out rest- Item No.7 UP3153 C 0 aurant in conjunction with a Mexican delicatessen on f s property located in the C -1 District, and to waive the Approved y 9 9 m required off - street parking spaces. Z c m> m z LOCATION: A portion of Lot 5, Block M, Tract No. C= 0 0 o r o 0 0 m( City 323, located at 275¢ East Coast High- a a= of Newport Beach Coast Highway, between Goldenrod Avenue INDEX Use Permit No 3153 (Public Hearing) Request to permit the establishment of a take -out rest- Item No.7 UP3153 aurant in conjunction with a Mexican delicatessen on property located in the C -1 District, and to waive the Approved required off - street parking spaces. LOCATION: A portion of Lot 5, Block M, Tract No. 323, located at 275¢ East Coast High- way, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corcna del Mar. ZONE: C -1 APPLICANT: Alex Lovera, Corona del Mar, OWNERS: Alex Pourgal and Eskandar Pourgol, Carona del Mar C The public hearing was opened at this time, and Mr. Alex Lovera, applicant, appeared before the Planning Commission. Mr. Lovera commented that he is now requesting that the hours of operation be from 7 :00 a.m. to 12:00 p.m. instead of 7:00 a.m. to 11:00 p.m. as stated in Condition No. 6. In respcnse to cuestions dosed by Commissioner Koppelman, Mr. Lovera r eplied that the take -out restaurant will utilize a 2 -way burner and small grill comparable to the New York Del i Restaurant. Mr. Lovera advised that the Mexican food will be prepared for take home preparation. In resrcnse to a question of Chairman Winburn, Mr. Lovera stated that the delivery truck will be parked in an adjoining bank parking lot after 5:00 p.m. and that there will be no deliveries for breakfast or lunch. Mr. Lovera commented further that 2 future employees who live near -by have stated that the delivery track may be parked at their residence. Dr. Paul Johnson, 1425 Santanella Terrace, Corona del Mar, appeared before the Planning Commission. Dr. Johnson referred to a letter dated June 11, 1985, addressed to John Kurlander signed by the four tenants who occupy the building adjacent to the subject restaurant, and Mr. Hal Wheatley, the proprietor of the radio repair shop adjacent to the Gelato Classico Ice -17- C.. 1 ..e 20, 1985 - MINUTES itv of Newport Beach INDEX Cream Shop. Dr. Johnson emphasized that since the Gelato Classico Ice Cream Shop has opened for business, there have been parking and trash problems on East Coast Highway and Goldenrod Avenue, and in the aforementioned tenants' building parking lot. Dr. Johnson commented that the applicant's statement that the food would be only for take home delivery is not in accordance with realty. Dr. Johnson further emphasized that there are no available parking spaces for the proposed restaurant's two employees on East Coast Highway, nor is there available space for the delivery truck on Goldenrod Avenue or in the adjacent building's parking lot. Dr. Johnson stated that all of the neighboring businesses are opposed to the subject aoclication. In response to a question posed by Chairman Winburn in reference to the previous occupant of the site, Rainbow Cleaners, Dr. Johnson cpined that the proposed take -out restaurant is a destination site. k Mr. Dale Gasteiger, owner of Lumiere Fashion Boutique, 2744 East Coast Highway, aoceared before the Planning Commission in o_cnosi` ion to the anolication. Mr. Gasteiger stated that since the Gelato Classico Ice Cream store opened for business, the neighboring businesses have ccmolained of the ice cream trash and he further commented, that with the addition of the proposed take -out restaurant that tie problem would be compounded. Mr. Gasteiger further commented that there are no parking spaces provided for the proposed take -out restaurant, and he emphasized that there are not sufficient parking spaces available on East Ccast Highway. Mr. Lovera reappeared before the Planning Commission stating that he has not received trash or parking complaints reaardina his other business, the Fresh Pizza Factory, in Corona del .Mar, and that his proposed restaurant will be run in the same manner. Mr. Lovera stated that he spoke to occupants of the surrounding businesses and that he did not receive any opposition to his proposed restaurant at that time. The oublic hearing was closed at this time. In response to a question posed by Ccmmissioner Turner, Mr. Laycock replied that staff has no objections to the business closing at 12:00 midnight instead of 11:00 , it p.m. as referred to in Condition No. 6. Mr. Lovera J� _18_ xx C p i y o W v m z c m> m z m s a z r 0 z C z m p; O O C s m O m> w w _ 9 ROLL CALL C.. 1 ..e 20, 1985 - MINUTES itv of Newport Beach INDEX Cream Shop. Dr. Johnson emphasized that since the Gelato Classico Ice Cream Shop has opened for business, there have been parking and trash problems on East Coast Highway and Goldenrod Avenue, and in the aforementioned tenants' building parking lot. Dr. Johnson commented that the applicant's statement that the food would be only for take home delivery is not in accordance with realty. Dr. Johnson further emphasized that there are no available parking spaces for the proposed restaurant's two employees on East Coast Highway, nor is there available space for the delivery truck on Goldenrod Avenue or in the adjacent building's parking lot. Dr. Johnson stated that all of the neighboring businesses are opposed to the subject aoclication. In response to a question posed by Chairman Winburn in reference to the previous occupant of the site, Rainbow Cleaners, Dr. Johnson cpined that the proposed take -out restaurant is a destination site. k Mr. Dale Gasteiger, owner of Lumiere Fashion Boutique, 2744 East Coast Highway, aoceared before the Planning Commission in o_cnosi` ion to the anolication. Mr. Gasteiger stated that since the Gelato Classico Ice Cream store opened for business, the neighboring businesses have ccmolained of the ice cream trash and he further commented, that with the addition of the proposed take -out restaurant that tie problem would be compounded. Mr. Gasteiger further commented that there are no parking spaces provided for the proposed take -out restaurant, and he emphasized that there are not sufficient parking spaces available on East Ccast Highway. Mr. Lovera reappeared before the Planning Commission stating that he has not received trash or parking complaints reaardina his other business, the Fresh Pizza Factory, in Corona del .Mar, and that his proposed restaurant will be run in the same manner. Mr. Lovera stated that he spoke to occupants of the surrounding businesses and that he did not receive any opposition to his proposed restaurant at that time. The oublic hearing was closed at this time. In response to a question posed by Ccmmissioner Turner, Mr. Laycock replied that staff has no objections to the business closing at 12:00 midnight instead of 11:00 , it p.m. as referred to in Condition No. 6. Mr. Lovera J� _18_ COMMISSIONERS Ju.. 20, 1985 MINUTES �x I c 0 z f y v ,a- v m 0 c m> m z a m 0 m > City of Newport Beach I 2 m p z 0 0 Z a z y z w m _ a ROLL CALL INDEX :lotion agreed to the condition recommended by Commissioner Turner that the trash would be picked up on a daily basis. In response to Commissioner Koppelman, Mr. Lovera 'agreed to keep the sidewalks cleaned in front of the facility on East Coast Highway. Mr. Hewicker asked Mr. Lovera to clarify the proposed parking sites for the delivery truck. Mr. Lovera replied that the Trans -World Bank closes at 5:00 p.m., wherein he may park the deliver, truck in the parking lot; a neighbor has stated that the delivery truck may be parked in front of her house or in her garage; and the landlord of the adjacent building has commented that if a financial agreement can be reached, that the delivery truck may be parked in the building's parking area after 5:00 p.m. because the building's tenants will not be occupying the parking spaces after business hours. Before 5:00 p.m. Mr. Lovera stated, the delivery truck will be parked in his garage at his home in Cameo Highlands. Mr. Lovera agreed to Mr. Hewicker's recommendation that a condition be added stat_na that the delivery truck will not be allowed to park on residential streets adjacent_ to the take -out restaurant. In reesponse to a question posed by Commissioner Eichenhofer, Mr. Lovera replied that the truck will be loaded at the delivery driveway on Goldenrod Avenue. Commissicner Turner stated that Corona del Mar does have a severe parking problem, but any business that would occupy the subject site would also re- ire parking, and that the proposed take -out restaurant is not designed as a sit -down restaurant, and under those circumstances, Commissioner Turner made a motion to approve Use Permit No. 3153, subject to the findings and conditions in Exhibit "A ", with the following additional conditions: that the applicant shall be responsible for picking up outside trash and be responsible for cleaning the sidewalk on East Coast Highway on a daily basis; and that the applicant provide a parking plan approved by the Traffic Engineer for storage and parking of the delivery vehicle. Commissioner Koppelman confirmed that the outside trash would be physically picked up and not by a trash pickup service. Upon further discussion with Mr. Hewicker, Chairman Winburn and Commissioner Turner agreed to I-19- COMMISSIONERS 20, 1985 MINUTES x c 0 o 0 z c m o m z IC a 0 a = m City of Newport Beach O L 0 0 a a ROLL CALL I I INDEX All Ayes l retain the proposed condition regarding the parking of the delivery truck on residential streets as originally stated. Commissioner Person stated that he will support the motion; however, Commissioner Person advised the applicant that the Planning Commission may, in accordance with Condition No. 12, add to, modify or recommend revocation of the use permit if the proposed restaurant does not operate as previously indicated. Commissioner Person also requested that the Code Enforcement Officer contact Dr. Johnson regarding the Gelato Classico Ice Cream Shop. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaoing, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the proposed take -out restaurnt dces not re ?resent an intensification of use that will result in an increased demand for parking. S. The approval of Use Permit No. 3153 will not, under the circumstances of this case, be detri- mental 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. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. -20 COMMISSIONERS x x c O f ti v r o m z c m> m z m a a z r n x M_ m i 0 0 l a m 0 O m> T T Z a z a z* m r i•..;.-20, 1985 City of Beach MINUTES INDEX 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 6. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 12:00 midnight daily. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. B. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the story drains, unless otherwise amoroved by the Building Department. 9. That all mechanical equipment shall be screened from East Coast Highway and adjoining properties. 10. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 11. That no on -sale or off-sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 12. That the Planning Commission may add to or modify conditions of approval of 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, safety, peace, morals, comfort, or general welfare of the community. 13. That this use permit shall expire unless exercised within 24 months from the date of approval as g J� -21 C. specified in Section 20.80.090 A of the Newport Beach Municipal Code. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 15. That the applicant shall be responsible for picking up trash outside of the take -out restaurant on a daily basis. 16. That the delivery truck shall not be parked on any residential streets adjacent to the take -out restaurant facility. A A A A D J O U R N M E N T : 8:47 P.M. A A A JOHN KURLANDER, SECRETARY CITY OF NZWPORT BEACH PLANNING COMMISSION -22- COMMISSIONERS JA' . 20, 1985 MINUTES C o f o M o m z C m z Mz 0 o ;oo z a = a = m City Y f Newport Beach p 9 ROIL CAU INDEX C. specified in Section 20.80.090 A of the Newport Beach Municipal Code. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 15. That the applicant shall be responsible for picking up trash outside of the take -out restaurant on a daily basis. 16. That the delivery truck shall not be parked on any residential streets adjacent to the take -out restaurant facility. A A A A D J O U R N M E N T : 8:47 P.M. A A A JOHN KURLANDER, SECRETARY CITY OF NZWPORT BEACH PLANNING COMMISSION -22- ATTACHMENT D PROJECT PLANS 3�r REST S WASH RO FLOOR PLAN THAI DEL MAR RESTAURANT 2754 EAST COAST HIGHWAY COOKING AND STORAGE AREA 316.25 sq. ft. CASHIER AREA 98.9 sq. ft. PUBLIC AREA 184 sq. ft. 52.1 ft. TOTAL AREA 599.15 sq. ft. J 1 -3 -03 Revised Floor 11.5 f Plan 27.5 ft. Cooking'- and Storacte Area Cashier 8.6-ft. Public. Area 6 MOVABLE TABLE } 16 ft. S 15 CHAIRS Y i 1.5-ft. EAST PCH 4 �` 'PAP i xs� erjJ I � AvE�yuE GoL9E�go� 0 �a I1 �4 1 fVS Co x F E W a x � x f i G r, ti E Z 'Y 4 I ty TTACHMENT D PLANNING COMMISSION STAFF REPORT APRIL 3, 2003 1-\k CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 3, 2003 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez(aicity.newport- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small - scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit. The subject property is located in the Retail and Service Commercial (RSC) Zoning District. APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong DISCUSSION: This item was continued from the Planning Commission meeting of February 20, 2003, in order to investigate whether the Building Department requirement that a unisex restroom be provided (Condition No. 16) was applicable. Through discussions with the Building Department, staff confirmed that the Uniform Building Code (Chapter 29, Section 2905, Table A29 -A) and Uniform Plumbing Code (Section 413 and Table 4 -1) require that a unisex bathroom be provided when customer seating is provided at eating and drinking establishments. The construction of the new restroom must be done in accordance with applicable disabled access requirements. Additionally, staff contacted the Orange County Department of Environmental Health and discovered that Health Department regulations prohibit customers from passing through areas of food preparation and storage, as is the case with Thai Del Mar. Therefore, the existing restroom cannot be used to satisfy the restroom requirement. M Thai Del Mar April 3, 2003 Page 2 RECOMMENDATION: Staffs recommends the Planning Commission hold a public hearing and approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the Draft Planning Commission Resolution contained in the previous staff report. Prepared by: Gregg B. Ramirez, Associate Planner Attachments: Submitted by: Patricia L. Temple, Planning Director A. Letter in support of application B. Excerpt of minutes from the February 20, 2003 Planning Commission hearing C. Recycled staff report from February 20, 2003 Planning Commission hearing 43 ATTACHMENT A LETTER IN SUPPORT OF THE APPLICANT a� i/ THIS PAGE INTENTIONALLY LEFT BLANK. 45 rax R.P. CONNALLY JR. To: NEWPORT BEACH CITY PLANNING COMMISSION FEBRUARY 20, 2003 rcu 10 U3 17•D1 Ful ONLIDniCI .E...._.__�.._........,_.,,.. _. „_,.- ....,o .�_... <r. �....��... IN 1950 WR BOUGHT ON VL, SAN REMO AND IN 1963 MOVED TO A BAYFRONT. BOTH CHILDREN ATTENDED NEWPORT SCHOOLS. I SPENT 20 MARS AT MERRI L LYNCH AND WAS IN CHARGE OF THE SOUTHERN CALIFORNIA NSTITUTIONAL OPERATION.. THE LAST 2 YEARS WERE IN THE NEWPORT BEACH OFFICE. I THEN WAS LICENSED AS AN INVESTMENT ADVISOR AND DID BUSINESS HERE UNDER THE NAIME OF NEWPORT CAPITOL. IN MY FORTY PLUS YEARS IN NEWPORT I'VE BEEN ACTIVELY INVOLVED IN MANY VOLUNTEER ORGANIZATIONS. PAST DIVISION CAPT OF LOCAL USCG AUX ---- FOUNDING BOARD MEMBER OF N.P H NAUTICAL.MUSUEM. VICE CHAIRMAN OF INVESTMENT MANAGEMENT COMMITTEE AT HOAG- WAS INSTRUMENTAL IN FOR- IING A BRAILLE AUX IN NPT. I NET PAT KHANONG SEVERALYEARSAGO WHILE SHE WORKED AT A COUPLE OF THAI RESTURANTS - -WE ENJOYED HER COOKING AND WHEN SHE APPROACHED ME TO HELP HER START HER OWN RESTAURAN T, I WAS ONLY TO HAPPY TO DO SO. I LOST A SUBSTANTIAL PART OF VISION IN 1992 AND AM LEGALLY BLIND. I DO NOT EAT AT THE THAI DEL MAR AS MUCH AS I LIKE AS I NEED A DRIVER. USING A WHITE CANE, I ENJOY THE STRAIGHT SHOT TO A TABLE AND MOST IMPORTANTLY THE EASY ACCESS TO THE RESTROOM. 210 Via Cordova, Newport Beach, California 92663 Received Time Feb.18• 6:31PM a� /J THIS PAGE INTENTIONALLY LEFT BLANK, �' ATTACHMENT B EXCERPT OF MINUTES FROM THE FEBRUARY 20, 2003 PLANNING COMMISSION HEARING City of Newport Beach Planning Commission Minutes February 20, 2003 INDEX Ayes: Toerge, A' gajanign.McDaniel, Gifford. Selich. Tucker Excused: Kiser SUBJECT: Thai Del Mar - (PA2003 -002) Item No. 5 2754 East Coast Highway PA2003 -002 Request to amend Use Permit No. 3153 to allow a change in operational Continued to characteristics from a take -out restaurant to a full service, small scale restaurant and 04/03/2003 to permit the addition of customer seating which is prohibited by the existing Use Permit Mr. Bob Wynn, representing the applicant noted the following: r� I L E O; • The restaurant is 52 feet long and 11.5 feet wide. • The current use in this restaurant violates the existing use permit that had been issued in 1985 that did not allow sit down seating. • In 1997, the applicants bought the establishment and at that time there were tables and chairs in the restaurant. The present owners thought that the seating was a legal use. It was an obvious assumption that sit down seating was allowed, but it was erroneous. • The applicants have read the staff report and concur with staff's findings with one exception, the restroom. Two bids were obtained for the construction of the unisex restroom. He asked that the Commission remove this condition as the bids come in at $18,500 and $17,950 just to replace the current restroom. The Code will require a handicap accessible restroom and in order to do that the price would be increased to $53,850 and $55,500 which is about 30% more than the current bids to replace the one that is in the back of the restaurant now. • They have one year remaining on the lease and an expense of this kind would be difficult to agree to and to meet. Commissioner Selich asked if the Planning Commission had the ability to waive the restroom requirement. Ms. Temple answered it is not within the jurisdiction of the Planning Commission to waive such a requirement, however, we could provide the maximum amount of latitude for the applicant to work with the Building Department to see if there is any other possible means of resolution by adding to the wording on condition 16 , '...or the Building Department finds that this is not required ....... If the Building Department can find any provision in the Uniform Building Code or the Handicapped Access Code to either waive the requirement or use another alternative to the one that has been suggested, that would all be consistent with the conditions. There is only one year left on the lease, but the applicant could reinstate the non - seating restaurant operation and then work on a lease extension that would justify such an expenditure. 16 ff� City of Newport Beach Planning Commission Minutes February 20, 2003 Ms. Clauson added that Ms. Temple's suggestion would give more flexibility for the building official and then any appeal of that decision or waiver goes to the. Board of Appeals that deal with building issues. That would be the route the applicant can take. Commissioner Tucker confirmed that the seating in the restaurant triggers the need for something that otherwise does not need to happen. You have an approximate 600 feet space, and the handicap restroom takes up a lot of room. Commissioner Gifford noted that she would not want to create some exceptional situation that remains after a new lease is negotiated. If your client is intending to continue business in this location, now may be the appropriate time to negotiate a new lease. Mr. Wynn presented some language for condition 16: If the use is modified in the future with RSC Zoning or if a new five year lease is issued, or if a remodel is performed involving $1,000 then the applicant is required to obtain permits for the restroom, etc.....' Ms. Temple answered that she would have to take that language back to the building official to see if it meets the requirement of the Uniform Building Code. We would have to continue this item for a couple of weeks if the Commission decides that is what should be done. We can attempt to find out if it was not required as well. To change the language as Mr. Wynn has suggested, I would like to consult with the Building Director before the Commission actually accepts this language. Mr. Wynn conjectured that if that requirement is not in there, but you just amend the original use permit to allow sit down seating and don't even mention restrooms, in my opinion the requirement of the restroom wouldn't be impacted by the State Law. If you don't mention the restroom, are they allowed to have the sit down seating? He then read a letter from Mr. Paul Connelly in support of this restaurant. Ms. Clcuson noted that this condition was put in so that the Building Department would know that it needs to be done. It is a matter of dealing with them on the State Law requirements. It is not a Planning Department requirement. Vice Chairperson McDaniel noted that since this has been brought to our attention, if we do not concern ourselves with ADA situations, do we leave the City open to any issues? If we are aware of this and we didn't make them fix it, where does that leave the City? Ms. Clauson answered that she is not aware of how this would come to the attention of the Building Department; maybe you don't need a building permit to trigger this. I do not know how they process violations of State Law. I don't think taking out the condition avoids the requirement to comply with the building code; it may avoid triggering somebody's review of enforcing it. Ms. Temple added that if the Commission wishes to proceed with this concept, they INDEX 17 5t City of Newport Beach Planning Commission Minutes February 20, 2003 need to continue this-item for two weeks so that she could talk to the building official about his enforcement posture now that we are informed this is a requirement and to see if the lack of building permit necessarily would make their enforcement posture different. Ms. Clauson confirmed that it would be best to talk to the building official for the rationales, reasons, suggestions and alternatives that the applicant is proposing will get the same results rather than eliminate language that the Building Department requested. Commissioner Toerge noted: • Doesn't understand how accessible bathrooms cost three times what a regular one costs. I build them and they don't. • There are a number of restaurants in Corona del Mar that have indoor seating with restrooms accessible through the kitchen, they work fine. • We should do all we can to accommodate this applicant, even removing this condition. Commissioner Agajanian stated he would be in favor of continuing this item to see if there are alternatives to work with. It is obvious the applicant missed the 'table' condition in the first place. Commissioner Gifford noted she is uncomfortable removing a condition for the stated purpose of avoiding triggering the enforcement of a building code requirement and would like to see this item continued and suggested that the applicant talk to their landlord about their lease. Commissioner Selich noted he would eliminate the condition. Commissioner Tucker noted he would both eliminate the condition and continue the item. This restaurant would have to be radically changed with a new restroom. Public comment was opened. Motion was made by Commissioner Selich to approve amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached resolution with the elimination of condition 16. Commissioner Tucker noted he would like to see a continuance to the meeting of April 3rd to give the building official time to look at alternatives and if it comes back with the insistence on this condition then next time I would not vote on the removal of this condition. He made this a substitute motion. Commissioner Selich noted he would withdraw his motion. Ayes: Toerge, Agajanicn, McDaniel, Gifford, Selich, Tucker Excused: Kiser INDEX is J1