HomeMy WebLinkAbout04_Juicy Seven Juice Bar Minor Use Permit_PA2018-180
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 27, 2018
Agenda Item No. 4
SUBJECT: Juicy Seven Juice Bar (PA2018-180)
Minor Use Permit No. UP2018-018
SITE LOCATION: 229 Marine Avenue
APPLICANT: Jinfeng Li
OWNER: Leanne Boman, Pamela Hubbard, Penny Knox, Janet Holder
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan: MU-W2 (Mixed Use Water Related)
Zoning District: MU-W2 (Mixed-Use Water Related)
Coastal Land Use: MU-W (Mixed Use Water Related)
Coastal Zoning District: MU-W2 (Mixed-Use Water Related)
PROJECT SUMMARY
A minor use permit to allow a juice bar (take-out service, limited) to operate in an existing
1,111-square-foot, ground floor commercial tenant space with a maximum of six seats.
The project includes tenant improvements to create a preparation area, front counter, and
customer waiting area. The proposed hours of operation are 10:00 a.m. to 10:30 p.m.,
daily. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this
application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2018-018 (Attachment No. ZA 1).
DISCUSSION
The proposed juice bar is located within an existing commercial building at the
southwest corner of Balboa Avenue and Marine Avenue and is a commercial use
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intended to serve nearby residents, the surrounding community, and visitors to the
City of Newport Beach.
The applicant requests a minor use permit to allow a juice bar (take-out service,
limited), within an existing 1,111-square-foot commercial tenant space. The
applicant has requested hours of operations between 10:00 a.m. to 10:30 p.m.,
daily. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of
this application.
The proposal complies with Zoning Code standards for a take-out service, limited,
eating and drinking establishment, including the condition not to exceed a
maximum of six seats.
The General Plan land use designation for this site is MU -W2 (Mixed Use Water
Related). The MU-W2 designation is intended for marine-related uses that may be
intermixed with general commercial, visitor-serving commercial and residential
dwelling units on the upper floors. Therefore, the use is consistent with this land
use category.
A juice bar (take-out service, limited) is permitted with the approval of a minor use
permit in the Mixed-Use Water Related (MU-W2) zoning district. A minor use
permit is required due to its location within 500 feet of a residential zoning district.
The subject property is legal, nonconforming due to having no parking available
on-site. The building was constructed in 1963 and the Zoning Code has since
changed to require one space per 250 square feet of gross floor area of off -street
parking. The proposed juice bar is replacing an existing retail use, which has the
same parking requirement. Therefore, no intensification or enlargement is
proposed and no additional parking is required.
The proposed juice bar does not result in an increase in the parking rate and
therefore is not considered a change or intensification of the existing use that
would require a coastal development permit.
The proposed take-out service, limited, eating and drinking establishment will add
additional take-out options to the neighborhood and provide an economic
opportunity for the property owner to update the tenant space and provide
additional services to residents and visitors.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
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Zoning Administrator, September 27, 2018
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of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Assistant Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-018 FOR A TAKE-OUT SERVICE, LIMITED, EATING
AND DRINKING ESTABLISHMENT LOCATED AT 229 MARINE
AVENUE (PA2018-180)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jinfeng Li with respect to property located at 229 Marine
Avenue, and legally described as Lot 15 of Block 12 of Section 4 of Balboa Island,
requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow a juice bar (take-out service, limited)
to operate in an existing 1,111-square-foot, ground floor commercial tenant space with
a maximum of six seats. The project includes tenant improvements to create a
preparation area, front counter, and customer waiting area. The proposed hours of
operation are 10:00 a.m. to 10:30 p.m., daily. No late hours (after 11:00 p.m.) or alcohol
sales are proposed as part of this application.
3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related
(MU-W2).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU-W) and it is located within the MU-W2 (Mixed-
Use Water Related) Coastal Zone District. The proposed juice bar does not result in an
increase in the parking rate and therefore is not considered a change or intensification of
the existing use that would require a coastal development permit.
5. A public hearing was held on September 27, 2018, 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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04-27-17
2. This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project involves alterations to the interior floor plan
of an existing commercial space with no expansion in floor area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (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 land use designation for this site is MU -W2 (Mixed Use Water
Related). The MU-W2 designation is intended for marine-related uses that may be
intermixed with general commercial, visitor-serving commercial and residential dwelling
units on the upper floors.
2. The proposed establishment is a commercial use intended to serve nearby residents,
the surrounding community, and visitors to the City of Newport Beach. Therefore, the
use is consistent with this land use category.
3. The proposed take-out service, limited, establishment would be complementary to the
surrounding commercial and residential uses.
4. 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. A juice bar (take-out service, limited) is permitted with the approval of a minor use permit
in the Mixed-Use Water Related (MU-W2) zoning district. A minor use permit is required
due to its location within 500 feet of a residential zoning district .
2. The subject property is legal, nonconforming due to having no parking available on -site.
The building was constructed in 1963 and the Zoning Code has since changed to require
one space per 250 square feet of gross floor area of off-street parking. The proposed
juice bar is replacing an existing retail use, which has the same parking requirement.
Therefore, no intensification or enlargement is proposed, and no additional parking is
required.
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3. As conditioned, the proposed establishment will comply with Zoning Code standards for
eating and drinking establishments, including those specific to the take -out service,
limited use classification, which includes a maximum of six seats.
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. Parking at the subject property is legal nonconforming as there is no parking available
on-site. The proposed juice bar (take-out, limited) is replacing an existing retail use
which shares the same parking requirement; therefore, no additional parking is required.
2. The proposed establishment is compatible with the existi ng and allowed uses in the
area, which consist of retail commercial and mixed-use developments.
3. As conditioned, the allowed hours of operation will be 10:00 a.m. to 10:30 p.m., daily,
which will minimize any disturbance to residences near the property.
4. The restaurant is oriented toward Marine Avenue in a manner that shields the restaurant
activity from the residential uses at the rear.
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.
Facts in Support of Finding:
1. The project site is located on Marine Avenue which is located at the entrance of Balboa
Island and has heavy vehicular traffic and pedestrian activity. The proposed juice bar
will not result in increased vehicular and pedestrian activity.
2. The Fire Department reviewed the project and site to ensure adequate public and
emergency vehicle access is provided.
3. Any proposed site and tenant improvements must comply with the Zoning Code and all
Building, Public Works, and Fire Codes for permits to be issued.
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
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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 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.
2. The proposed take-out service, limited, eating and drinking establishment will add
additional take-out options to the neighborhood and provide an economic opportunity
for the property owner to update the tenant space and provide additional services to
residents and visitors.
3. The applicant is required to obtain Health Department approva l prior to opening for
business and comply with the California Building Code to ensure the safety and welfare
of customers and employees within the establishment.
4. The proposed use includes limited hours, no alcohol service is proposed, and there is
no increased parking demand. Based upon the Zoning Code requirements, the
proposed use will not result in a detriment to the existing retail shopping center or
surrounding community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2018-018 (PA2018-180), subject to the conditions set forth in Exhibit “A”, which is
attached hereto and incorporated by reference.
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 .
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and floor
plans 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. This 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 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. 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-
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.
5. The hours of operation for the establishment shall be limited to 10:00 a.m. through 10:30
p.m., daily.
6. The sale of alcohol shall not be permitted.
7. The maximum number of seats allowed in the eating and drinking establishment shall
be six . No outdoor seating is permitted without further review and may require an
amendment to this Minor Use Permit.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new use permit.
9. 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.
10. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Minor Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
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elements approved by this Minor Use Permit and shall highlight the approved elements
such that they are readily discernible from other elements of the plans.
11. Prior to issuance of building permits, the project plans shall identify if t he building is
protected with automatic fire sprinklers and/or a fire alarm system to the satisfaction of
the City’s Life Safety Services Division.
12. 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.
13. All trash shall be stored within a commercial trash bin with a solid lid to screen the trash
and maintain odors. The lid shall be kept closed at all times. The commercial trash bin
shall be located flush against the rear wall of the residential building and parallel to the
alley to minimize its encroachment into the 10 -foot alley setback. Additionally, the
operator must monitor all trash receptacles, having them emptied, maintained, and
cleaned when necessary as to control odors and any nuisances.
14. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
15. 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 20 feet of the premises.
16. 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).
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 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 Minor Use
Permit.
18. 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 containers.
19. 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 permit.
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20. This approval shall expire and become void unless exercised within 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.
21. 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 Juicy Seven Juice Bar including, but not limited to, Minor Use Permit No.
UP2018-018 (PA2018-180). 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.
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Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
Minor Use Permit No. UP2018-018
PA2018-180
229 Marine Avenue
Subject Property
(Suite A)
13
Attachment No. ZA 3
Project Plans
14
TableSeatsBathroomShelf ShelfIceMakerE storeMopsinkWaterheaterSinkHSPick up
Crepe and WafeCoffeemachineRegisterIce CreamDisplay RefrigeratorSinkHSDisplay
RefrigeratorIceFresh fruit wallWork table 96 inc.96 inc.154 inc.150 inc.136 inc.305 inc.59 inc.36 inc.36 inc.244 inc.130 inc.280 inc.Marine Ave Balboa Ave Wide Alley 30f.30f.75f.
75f.
Juicy Seven
5.0f.
15
Table
Seats
Bathroom ShelfShelf
Ice
MakerE store
Mop
sink
Water
heater
SinkHS
Pick upCrepe and Wafe
Coffee
machine Register Ice Cream
Display
Refrigerator
Sink HS
Display RefrigeratorIceFresh fruit wallWork table286 inc.96 inc.96 inc.154 inc.150 inc.136 inc.
339 inc.305 inc.59 inc.
36 inc.36 inc.244 inc.130 inc.Juicy Seven
280 inc.
16