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HomeMy WebLinkAboutZA2016-070 - MINOR USE PERMIT TO ESTABLISH FOOD SERVICE USE, NO LATE HOURS, NO ALCOHOL -6800 Coast Hwy W RESOLUTION NO. ZA2016-070 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-047 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 6800 WEST COAST HIGHWAY (PA2016-191) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by MME, LLC, with respect to property located at 6800 West Coast Highway, and legally described as Lot 4 and Portion of Lot 3, Block 8, of the Seashore Colony Tract, requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to change an existing fast food (take-out service), eating and drinking establishment to a new food service, eating and drinking establishment and expand into the adjacent commercial suite. The resulting floor area would be approximately 2,000 gross square feet with approximately 953 square feet of interior net public area and 419 square feet of exterior net public area. No late hours (after 11:00 p.m.) or alcohol service is requested as part of this application. 3. The subject property is located within the Commercial Visitor-Serving (CV) Zoning District and the General Plan Land Use Element category is Visitor Serving Commercial (CV). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-A). 5. A public hearing was held on December 15, 2016 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. 2. In this case, the project involves the remodel and alteration of an existing commercial building with a tattoo parlor and fast food restaurant into a single food service restaurant. No new floor area or intensification of parking would result. Zoning Administrator Resolution No. ZA2016-070 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site Visitor Serving Commercial (CV), which is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City. The food service establishment is consistent with this land use designation, as the use will serve visitors and residents living in the immediate neighborhood and surrounding area. 2. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The property is located in the Commercial Visitor-Serving (CV) Zoning District. Food service, eating and drinking establishments, with no alcohol service and no late hours, are a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). 2. The property is nonconforming due to having no parking available on-site; however, the proposed use results in a nine-space reduction of required parking from the previous uses. The existing fast food (take-out service) establishment operates pursuant to Use Permit No. UP1776, which required 1 space per 50 square feet of restaurant area (1,550 square feet) plus 1 space per employee (four employees), for a total of 35 spaces. Four spaces were provided on-site and 31 spaces were waived. The existing tattoo parlor (723 square feet) is considered a personal-service use and requires parking at a rate of 1 space per 250 square feet of gross floor area, or 3 spaces. The uses combined require a total of 38 parking spaces for the building. The four spaces provided on-site were previously accessible via West Coast Highway, but were eliminated with the widening of the highway. The proposed food service, eating and drinking establishment requires parking at a rate of 1 space per 30 — 50 square feet of net public area as determined by the use 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 3 of 9 permit (up to 25-percent of the interior net public area is excluded). Based on the size of the establishment, proposed number of seats, no late hours, no alcohol, and the walkability to the establishment from surrounding residents and beach visitors in the area, staff has determined the required parking ratio of 1 space per 40 square feet of net public area is appropriate. The interior net public area is 953 square feet and the exterior net public area is 419 square feet; excluding the 25-percent exterior net public area parking credit of 238.25 square feet, the total net public area of the establishment for parking calculation purposes is 1,133.75 square feet, resulting in a total parking requirement of 29 spaces. Therefore, no additional parking is required. 3. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The restaurant entrance and outdoor dining is oriented toward West Coast Highway in a manner that shields the restaurant activity from the residential uses toward the north. 2. The proposed food service use is appropriate given the establishment was previously used for restaurant use and is accessible from two streets (West Coast Highway and Orange Street), which provides convenient access to motorists, pedestrians, and bicyclists. 3. Surrounding properties consist of residences inland of the highway and nonresidential uses fronting the highway, including retail, veterinary/boarding, and eating and drinking establishments. The proposed establishment is compatible with the existing and permitted uses in the area. 4. As conditioned, the hours of operation will remain between 6 a.m. to 10 p.m., daily, which will minimize any disturbance to residents residing near the property. These hours are consistent with the hours of operation of the existing fast food use. 5. A new trash enclosure is proposed with a solid roof and gates to screen refuse and provide a convenient location where materials can be deposited and collected. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 4 of 9 Facts in Support of Finding: 1. The Fire Department reviewed the site to ensure adequate public and emergency vehicle access is provided. 2. Any proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. 3. Although no parking is provided on-site, the project is located on West Coast Highway, a commercial corridor through West Newport and has heavy vehicular and pedestrian activity. On-street parking is provided along West Coast Highway and Orange Street. In addition, the restaurant benefits from high visitor foot traffic in the area and close proximity to the Newport Shores and West Newport communities. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The food service, eating and drinking establishment will occupy space in an existing commercial building used for fast food and a tattoo parlor, which have not proven to be detrimental to the occupants of the property or nearby properties. 2. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 3. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees in the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No. UP2016-047, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 5 of 9 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP1976, approved by the Planning Commission on January 8, 1976, and Outdoor Dining Permit No. OD64, approved by the Planning Director on December 21, 2001, which upon vesting of the rights authorized by this Use Permit No. UP2016-047, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER 2016. Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 3. The Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Minor Use Permit or the processing of a new use permit. 5. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. The interior net public area shall not exceed 953 square feet and the exterior net public area shall not exceed 419 square feet. 7. The sale of alcoholic beverages shall be prohibited unless an amendment to the Minor Use Permit or other required application is first approved in accordance with the provisions of the Municipal Code. 8. The hours of operation for the establishment shall be limited to between the hours of 6:00 a.m. and 10:00 p.m., daily. 9. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 10. Prior to issuance of Building Permits, a fair share fee shall be assessed pursuant to Municipal Code Section 15.38 and paid by the applicant. 11. Prior to the issuance of a building permit, State Department of Transportation (Caltrans) approval shall be required for all encroachments/projections into West Coast Highway, including the area around the traffic signal poles. 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 7 of 9 12. No excavation within the public right-of-way is permitted as part of this project. 13. Broken/damaged panels within the alley along the project alley frontage shall be reconstructed per City Standard. 14. Broken/damaged sidewalk, curb and gutter along West Coast Highway and Orange Street shall be reconstructed. 15. Sewer clean outs shall be installed per City Standard STD-406-L on all active existing sewer laterals that service the site. All used sewer laterals shall be capped at the property line. 16. Reducer Pressure Principle Backflow Prevention Assembly shall be installed on all active domestic water services per City Standard STD-520-L. All unused water service shall be abandoned at the main (corporation stop). 17. The maximum overhead projection into the Orange Street right-of-way is 18 inches. 18. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 19. No outside paging system shall be utilized in conjunction with this establishment. 20. Employees of the restaurant shall not use the alley or the northerly side setback area as a break area or smoking area. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 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. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 45dBA 60dBA 45dBA 50dBA feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 1 60dBA 22. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 23. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 8 of 9 adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 25. Strict adherence to maximum occupancy limits is required. 26. All trash shall be stored in the building or in dumpsters stored in the trash enclosure (three (3) walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 27. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or in any public property or right-of-way. 28. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. 29. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 30. Trash shall be disposed within 30 minutes after actual closing time, daily. 31. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Official and Public Works Director in conjunction with the approval of an alternate drainage plan. 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays, and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 33. Storage outside of the building, in the front, or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 05-26-2016 Zoning Administrator Resolution No. ZA2016-070 Page 9 of 9 34. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 35. Bicycle parking shall be provided on-site and shall be positioned to ensure that the bicycle rack and bicycles do not encroach into the public right-of-way. 36. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 37. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Burger Boss including, but not limited to, UP2016-047 (PA2016-191). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 05-26-2016