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CITY OF |
Accessory
Outdoor Permit No. OD2007-004 (PA2007-139) |
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PLANNING
DEPARTMENT |
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Staff Person: |
Javier S. Garcia, 644-3206 |
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(949) 644-3200;
FAX (949) 644-3229 |
Appeal Period: |
14 days after approval date |
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Application No: |
Accessory
Outdoor Dining Permit No. OD2007-004 (PA2007-139) |
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Applicant: |
Bella Luna Cafe |
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Owner: |
Michel Pourmussa, Balboa, CA |
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Address of Property Involved: |
707 |
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Legal Description: |
Portion of |
Application Request
Establishment of an accessory outdoor dining use in conjunction with
the addition of accessory outdoor dining to an
existing food service use. The allowable outdoor dining area of 63 square feet
is based on the approved interior net public area. The proposed area will be
reduced to comply with the Zoning Code limitation of 25% of the interior net
public area. The property is located in the SP-9 (Central Balboa Specific Plan Area)
District.
ACTION: APPROVED – NOVEMBER 16, 2007
The Planning Director determined in this case that the proposal would
not be detrimental to persons, property or improvements in the neighborhood and
that the accessory outdoor dining permit as approved is consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code based on the
following findings:
FINDINGS
1.
The Land Use Element of the General Plan and the Local
Coastal Program designate the property for “Retail and Service Commercial” land
use; and the proposed outdoor dining is accessory to an existing restaurant, a
permitted use within that designation.
2.
This project has been reviewed, and it has been
determined that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities).
3.
The approval of this application will not, under the
circumstances of this case, be detrimental to the health, safety, peace,
morals, comfort, and general welfare of the city for the following reasons:
·
Since
the use is accessory to and an extension of the existing restaurant use,
subject to all the findings and conditions of approval of Planning Director’s Use Permit
No. UP2006-003 (PA2006-050) and its amendments, and not an independent use.
·
The
proposed outdoor dining area is compatible with the surrounding land uses and
its limited hours should prevent noise from adversely impacting the nearby
residential uses since the proposal does not include any noise generating
activities (i.e., entertainment).
·
The proposed accessory outdoor dining will not be
located so as to result in a reduction of existing parking spaces.
·
The
restrictions on the use of solid roof structures as applied to this approval
are consistent with the intent and purpose of the accessory outdoor dining.
·
The
proposal does not include any noise generating activities inside or outside of
the facility (i.e., live entertainment is not authorized for the facility) and
are specifically prohibited in the outdoor dining area by this approval.
CONDITIONS
1.
Development
shall be in substantial conformance with the approved site plan and floor plan,
except as noted in the following conditions.
2.
The accessory outdoor dining shall be used in
conjunction with the related adjacent food establishment and shall be limited
to 63 sq. ft. maximum (gross area, 25 percent of the indoor net public area of
250 sq. ft.), unless an amendment to this application is approved to increase
the area allowed.
3.
The seating adjacent to the food use facility shall be
limited to the area as delineated on the approved site plan only. The approved
outdoor dining area shall be located on a solid surface in accordance with the
approved floor plan or seating plan. The rail/fence or screen planting shall be
a minimum of 42 inches tall unless otherwise required by the Public Works
Department. The use of pavement markings to delineate the area is prohibited.
Prior to implementation, the applicant shall call the Code Enforcement Division
(at 949-644-3215) to schedule an inspection of the area enclosed by the
specified rail/fence/screen planting.
4.
Trash
receptacles for patrons shall be conveniently located outside of the related
food service facility to serve the accessory outdoor dining area. The operator
of the food service use shall be responsible for the clean-up of all on-site
and off-site trash, garbage and litter generated by the use.
5.
The
facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and
approval by the Building Department
6.
The
project shall comply with State Disabled Access requirements. Tables and chairs
for the outdoor dining shall not encroach into the required handicap access
area specified on the approved detail seating plan.
7.
No outside paging system or sound system shall be
utilized in conjunction with this outdoor dining establishment.
8.
The operator of the restaurant facility 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 in the
outdoor dining area or outside of the building. The noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Chapter 10.26 provides, in part, that the
sound shall be limited to no more than depicted below for the specified time
periods:
Between the
hours of Between the
hours of
7:00
a.m. and 10:00 p.m. 10:00 p.m.
and 7:00 a.m.
interior exterior interior 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
9.
The
applicant shall retain a qualified engineer specializing in noise/acoustics to
monitor the sound generated by the outdoor dining activity to insure compliance
with these conditions, if required by the Planning Director.
10.
The
use of area heaters shall be approved by the Public Works Department, Building Department
and the Fire Department prior to installation or use. The use of propane
heaters and the storage of propane containers on the premises are prohibited,
unless otherwise approved by the Fire Department.
11.
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 owner or the leasing company.
12.
The
hours of operation of the outdoor dining area is limited to between the hours
of 8:00 am and 10:00 pm, daily; and any increase in the hours of operation
shall be subject to the approval of an amendment to this application and may
require approval of a Use Permit.
13.
Alcoholic
beverage service shall be prohibited in the outdoor dining areas, unless an
amendment to the existing use permit is first amended by the Planning
Commission, Police Department and the California Department of Alcoholic
Beverage Control to increase the licensed premises.
14.
All
applicable conditions of approved Use Permit No. UP2006-003 (PA2006-050) shall remain in force (copy available in the
Planning Department).
15.
Should
problems arise with regard to noise associated with the outdoor dining areas,
the Planning Department shall require the removal of all or a portion of the
outdoor dining area seating in the areas that contribute or cumulatively
contribute to the noise problems or complaints.
16.
Should
problems arise with regard to umbrellas, tables, chairs or stools encroaching
into the public right-of-way, public walkway or other common area pedestrian
pathways, the Planning Department reserves the right to require the relocation
of the railing/fence and removal of all or a portion of the outdoor dining area
seating and/or the use of unitized table and chair construction.
17.
Deliveries
shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily.
18.
The
Planning Department may add to or modify conditions of approval to this outdoor
dining permit, or revoke this approval upon a finding of failure to comply with
the conditions set forth in Chapter 20.82 of the Municipal Code or other
applicable conditions and regulations governing the food establishment. The
Planning Director or the Planning Commission may also revoke this permit upon a
determination that the operation which is the subject of this approval causes
injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
City
Approval for Outdoor Dining in Public Right-of-Way
1.
An
encroachment permit for outside dining in the public right-of-way, issued by
the Public Works Department, shall be approved and all conditions of approval
and requirements shall be satisfied prior to implementation of this Outdoor
Dining Permit No. OD2007-004.
2.
The
area outside of the food establishment, including the public sidewalks, shall
be maintained in a clean and orderly manner and may be subject to providing
periodic steam cleaning of the public sidewalks as required by the Public Works
Department.
3.
The
location and set-up of the tables and chairs shall be within the approved
outdoor dining area only.
4.
The
use of solid, permanent roof coverings, patio covers or retractable awnings
shall be prohibited. If umbrellas are utilized, they shall be located to not
extend beyond the edge of the approved paved outdoor dining area or into the
path of the adjacent public.
5.
The
outdoor dining in the public right-of-way shall be provided and maintained in
accordance with City Council Policy No. L-21.
6.
All
the outdoor umbrellas, dining tables and chairs shall be removed from the
public right-of-way when the facility stops serving for the day or upon the
closing of the facility, unless otherwise approved by the Public Works
Department and as specified in the Encroachment Agreement.
7.
All
City-approved plans and permits for the outdoor dining area shall be kept on
the premises for inspection, by authorized City staff (Police Department, Fire
Department, Planning Department, etc.), at all times when the establishment is open
for business.
The
Planning Director’s decision may be appealed to the
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On behalf of David Lepo, Planning Director |
By
Zoning Administrator Javier S. Garcia
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Attachments: c: |
Appendix Vicinity
Map property
owner Michel Pourmussa Code
Enforcement Division |
APPENDIX
Parking
Requirement
In
accordance with Chapter 20.82 of the Newport Beach Municipal Code, accessory
outdoor dining requires no additional parking if it is less than 25% of the interior
net public area. The subject facility complies with that requirement.
Therefore, based on the recommended restrictions (63 square feet, 9 seats
maximum) and the parking characteristics of the use, adequate parking is
provided at the existing off-site location to serve the proposed use.
Restroom Facilities
The facility, as proposed, provides adequate public sanitation
facilities with the provided interior unisex restroom and the proximity of the
restrooms within common area of the existing commercial building. Any increase
in the interior seating may require an increase in the number of fixtures or
provision of separate sex restrooms, as required by the Newport Beach Municipal
Code and in compliance with the provisions of the Health Code (
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Accessory Outdoor Dining Permit No. OD2007-004
(PA2007-139)