The URL can be used to link to this page

Home My WebLink About05 - Outdoor Dining One-Year Pilot Program for Balboa Village (PA2015-137) CITY OF 1 . � NEWPORT BEACH -- City Council Staff Report September 8, 2015 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director— (949) 644-3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner PHONE: 949-644-3227 TITLE: Outdoor Dining One-Year Pilot Program for Balboa Village (PA2015-137) ABSTRACT: The Balboa Village Advisory Committee recommends the establishment of a one-year pilot program to simplify the approval process for outdoor dining in Balboa Village. RECOMMENDATION: a) Find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and b) Adopt Resolution No. 2015-69, A Resolution of the City Council of the City of Newport Beach, California, Approving an Outdoor Dining Pilot Program for a Period of One Year Within Balboa Village (PA2015-137). FUNDING REQUIREMENTS: This pilot program has minimal fiscal impact. Implementation of the pilot program and processing of the outdoor dining permits could be completed by staff with no additional funding. The potential loss of revenue depends on the number of applications processed and whether the dining area is on public or private property. DISCUSSION: Background The Balboa Village Advisory Committee (BVAC) was established by the City Council in September 2012 to provide recommendations on Balboa Village revitalization strategies. At their June 10, 2015, meeting (minutes provided as Attachment No. CC 2), the BVAC discussed a potential outdoor dining program and directed staff to prepare a pilot program to forward to the City Council for review. 5-1 Balboa Village restaurants are an attraction to the area and serve residents, visitors, and employees. Outdoor dining areas can improve the dining experience, contribute to a more pedestrian-oriented village, and improve the overall ambiance of the neighborhood. The City took part in an Urban Land Institute Technical Assistance Panel for Balboa Village on September 11, 2013, which recommended outdoor dining, especially in public spaces, to activate and revitalize Balboa Village. Current Review Process Establishing outdoor dining to an existing restaurant typically requires review of a new or amended use permit, or at minimum a director approval, which can be expensive and take several months to obtain approval. Additionally, if the proposed outdoor dining is located within the public right-of-way, then a dining encroachment permit from the Public Works Department is required. The potential permits and requirements are summarized in Table 1 below. Table 1 — Current Application Requirements for Outdoor Dining Permit Cost Approximate Timing Public Hearing Conditional Use Permit $5,000 8.12 weeks Planning Commission deposit Minor Use Permit $2,047 fee 6-8 weeks Zoning Administrator Director/Staff Approval $891 fee 4 weeks None Dining Encroachment $374 2-3 weeks None Permit Proposed Pilot Program Processing time and cost to restaurant owners are significantly reduced by requiring zoning clearance instead of a use permit or director/staff approval. The zoning clearance process requires an applicant to submit an application, project description, and project plans showing the proposed outdoor dining. Staff reviews the application and issues the zoning clearance either over-the-counter or within one week depending on the complexity of the application, if all of the criteria (discussed below) is met. The pilot program does not require an application fee or public hearing. The addition of outdoor dining to an existing restaurant is not expected to create any negative land use impacts. Staff does not anticipate changes in traffic congestion or parking requirements as a result of accessory outdoor dining. Late hours for outdoor dining are prohibited to prevent any potential late night noise impacts. This pilot program includes the following eligibility requirements: 1. The property shall be located in a nonresidential zoning district within Balboa Village; and 2. The use of the existing building or suite shall be an eating and drinking establishment. The applications are reviewed for compliance with the following criteria: A. The outdoor dining area is limited to 25 percent of the interior net public area area. B. The outdoor dining shall not open earlier than the interior of the eating and drinking establishment and shall close by 11:00 p.m. C. The outdoor dining shall be designed to minimize impacts to sensitive noise receptors (e.g., hospitals, schools, and residential uses). D. The outdoor dining shall be designed to eliminate potential impacts related to glare, light, loitering, and noise. 5-2 E. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department, including, but not limited to, City Council Policy L-21 (Sidewalk Cafe Standards and Procedures). F. Outdoor dining shall include appropriate barriers separating the outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Pedestrian access shall not be impeded by the barriers. Barriers shall serve only to define the area and shall not constitute a permanent all-weather enclosure. G. Physical elements (furniture, awnings, covers, umbrellas, etc.) shall be compatible with one another and with the overall character and design of the building. Next Steps A one-year period will allow sufficient time to evaluate the pilot program through next summer. Following approval from City Council, staff will implement the pilot program by taking the following steps: 1. Create program information materials. 2. Update the website to include information on the pilot program. 3. Notify the BVAC, Balboa Village Merchants Association, all restaurants within Balboa Village, and interested parties receiving Balboa Village Select Alerts. 4. Evaluate the program in ten months to determine if a recommendation should be made to the City Council to continue the program on a permanent basis or allow for expiration following the one year term. If successful, the program could be expanded to other areas of the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The pilot program for outdoor dining involves minor improvements to existing eating and drinking establishments and has no potential to have a significant effect on the environment. Additionally, any future development application would be reviewed for compliance with CEQA requirements. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC1 - Draft Resolution Attachment CC 2- BVAC Minutes 5-3 Attachment No. CC 1 Draft Resolution 5-4 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN OUTDOOR DINING PILOT PROGRAM FOR A PERIOD OF ONE YEAR WITHIN BALBOA VILLAGE (PA2015-137) WHEREAS, the seven-member Balboa Village Advisory Committee (BVAC) was established by the City Council to oversee the implementation of the Balboa Village Master Plan adopted in September 2012 and to provide recommendations on Balboa Village revitalization strategies; WHEREAS, Balboa Village is a mixed use area located on the Balboa Peninsula bounded by Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south. The area attracts summertime visitors and is in need of revitalization to attract local residents and other visitors year-round, which will improve the economic vitality of the area; WHEREAS, Balboa Village restaurants are an attraction to the area and they serve residents, visitors, and employees. Outdoor dining areas can improve the dining experience, contribute to a more pedestrian-oriented village, and improve the overall ambiance of the neighborhood; WHEREAS, on September 11, 2013, an Urban Land Institute Technical Assistance Panel (TAP) was held to discuss findings and create recommendations for Balboa Village. The TAP subsequently presented the information and provided a written report with recommendations, which included adding outdoor dining, especially in public spaces, to activate and revitalize Balboa Village; WHEREAS, due to Newport Beach Municipal Code requirements, applications for the addition of accessory outdoor dining to an existing eating and drinking establishment can be expensive and take several months to process; WHEREAS, Municipal Code Chapter 3.36 and the City of Newport Beach Master Fee schedule establish the fees for dining encroachment permits; WHEREAS, at a noticed public meeting on June 10, 2015, the BVAC reviewed and provided comments on the outdoor dining program and directed staff to prepare a pilot program to forward to the City Council for review; and WHEREAS, A public meeting was held by the City Council on September 8, 2015, in the City Hall Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 5-5 City Council Resolution No. 2015- Page 2 of 5 NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: Section 1: The City Council of the City of Newport Beach (City) approves an outdoor dining pilot program for a period of one (1) year for Balboa Village, subject to the guidelines within Exhibit A, which is attached hereto and incorporated by reference. Unless extended or terminated earlier by the City Council, this pilot program shall automatically expire without further action upon the passage of one (1) year. Section 2: The City Council waives the dining encroachment permit fee and related City fees for outdoor dining zoning clearance applications reviewed under the pilot program. Section 3: The City Council temporarily suspends any Municipal Code requirement for a conditional use permit, minor use permit, or staff approval for substantial conformance to allow for outdoor dining within Balboa Village for the duration of the pilot program. Section 4: The City Council finds the adoption of this resolution and the pilot program are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The pilot program for outdoor dining involves minor improvements to existing eating and drinking establishments and has no potential to have a significant effect on the environment. Additionally, any future development application would be reviewed for compliance with CEQA requirements. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 7: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. 07-22-2014 5-6 City Council Resolution No. 2015- Page 3 of 5 ADOPTED this 8tn day of September, 2015. Edward D. Selich, Mayor ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit "A" - Balboa Village Outdoor Dining Guidelines 07-22-2014 5-7 City Council Resolution No. 2015- Page 4 of 5 EXHIBIT "A" Balboa Village Outdoor Dining Pilot Program Guidelines A. A zoning clearance application shall be filed with the Community Development Director together with all information and materials specified by the Director. No fee shall be required for this application. B. For applications on public property, additional permits may be required by the Public Works Department, and shall be filed with the Public Works Director. No fee shall be required for a dining encroachment permit. C. Eligibility requirements: 1. The property shall be located within a nonresidential zoning district within Balboa Village, which is defined as the area bounded by Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south as shown below. Balboa Village 'y Boundary �tiN ti ®pP Mued-Use Verbcal Y4R M Commercial VisHOr-Serving e 4 Publk Facilities t < 3° Multiple Residential e° Two-UnH Residential 4 �HYyp T U �(H-A BCYQ abP 9`FfR F 4FgN fHOH'T y e t o a E°Hr HoNTE 0y August2015 2. The use of the existing building or suite shall be an eating and drinking establishment. 07-22-2014 5-8 City Council Resolution No. 2015- Page 5 of 5 D. Review criteria: 1. The outdoor dining area is limited to 25 percent of the interior net public area area. 2. The outdoor dining shall not open earlier than the interior of the eating and drinking establishment and shall close by 11:00 p.m. 3. The outdoor dining shall be designed to minimize impacts to sensitive noise receptors (e.g., hospitals, schools, and residential uses). 4. The outdoor dining shall be designed to eliminate potential impacts related to glare, light, loitering, and noise. 5. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department, including, but not limited to, City Council Policy L-21 (Sidewalk Cafe Standards and Procedures). 6. Outdoor dining shall include appropriate barriers separating the outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Pedestrian access shall not be impeded by the barriers. Barriers shall serve only to define the area and shall not constitute a permanent all-weather enclosure. 7. Physical elements (furniture, awnings, covers, umbrellas, etc.) shall be compatible with one another and with the overall character and design of the building. 07-22-2014 5-9 Attachment No. CC 2 BVAC Minutes 5-10 .ncipal Planner Campbell addressed next steps. A Com ittee Member suggested setting a fee at $15 or $16 and waiving the fee for the first year. Associate Plan r Fern Nueno reported that the Committee and Council had already considered and ap oved the hours and the amount of the fee and that Council's direction was to determine sup rt or opposition by residents. Discussion followed regar the fee being the same as those paid by other areas in the City for the same service and cluding in the report to Council; that the Committee prefers to use the same fee for th e years. Mayor Pro Tern Dixon suggested the s et names on the map need to be more legible in the future. Committee Member Stratton asked that staff pr ide a revised percentage of approval on a modified map. Action: Committee Member Stratton moved to reco end to City Council approval of the residential parking permit program (RP3) wi a modified Option 1, as discussed, with Phase 1 Adams Street to and including edina Way and Phase 2 Medina Way to Island Avenue. Committee Member Oakes econded the motion. The motion passed 6-0. Community Development Director Brandt noted that the matter will ost likely be presented to Council on July 28th Principal Planner Campbell added that he will create an updated map with Phas 1 and Phase 2, which will be presented to BVAC and Council. 3. SUMMER OUTDOOR DINING REGULATIONS (ATTACHMENT 3) Recommended Action: Discuss and provide direction to staff on a potential Zoning Code Amendment to allow staff level approval for outdoor dining on a limited basis during summer months. Associate Planner Fern Nueno presented on outdoor dining regulations for restaurants in the Village, the community benefits of outdoor dining, and the options to make the process easier and quicker while guarding against any potential negative impacts. Committee Member Pollack commented on the benefit of wider sidewalks and spoke in favor of the item. Committee Member Stratton addressed the pros and cons of the matter and noted the need for careful implementation so there is adequate space for people to move around. BVAC Minutes 06/10/2015 Page 6 5-11 Associate Planner Nueno addressed the different processes for public and private properties, sidewalks, and encroachments. Committee Member Stratton referenced Dory Deli as a good example of outdoor dining adding that the fagade improvement program may help. Committee Member Oakes expressed support for the item. Mayor Pro Tern Dixon commented on her desire to help businesses and start-ups be successful and spoke in support of the matter. Mayor Pro Tern Dixon opened public comments. Janis Dinwiddie expressed support. W.R. Dildine voiced support for the item as long as they stay out of the public's way. Kelly Carlson stated support, as long as restaurants stay off sidewalks noting that patrons often move tables into the sidewalk. W. R. Dildine noted that back in the 1960s Code Enforcement used to work on weekends. Mayor Pro Tern Dixon commented on working with the Merchants Association and communicating the rules to operators. Committee Member Pollack commented on implementing a pilot program in Balboa Village. Community Development Director Brandt added that this can be done now, as a pilot program, and see how it works. Discussion followed regarding the A-frame sign ordinance. Action: Committee Member Pollack moved to direct staff to proceed preparing a pilot program for outdoor dining in Balboa Village, as discussed. Committee Member Stratton seconded the motion. The motion passed 6-0. 4. FACADE IMPROVEMENT PROGRAM UPDATE ommended Action: No action required. Associate Planner Nueno pre ed a staff report with an update on the Fagade Improvement Program, including the ess for submitting a letter of intent and an application, the number of submittals receive ate, and scheduled meetings with potential applicants. In reply to Committee Member Stratton's question, Associate Planner no reported BVAC Minutes 06/10/2015 Page 7 5-12