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HomeMy WebLinkAboutZA2013-013 Approved Westcliff Court Tea Room MUP - 1703 Westcliff DriveRESOLUTION NO. ZA2013 -013 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP 2013 -001 FOR THE WESTCLIFF COURT TEA ROOM, AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 1703 WESTCLIFF DRIVE (PA2013 -004) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Deborah Standley, with respect to property located at 1703 Westcliff Drive, and legally described as the Northwesterly 80 feet of Lot 7, Tract 4225 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to convert 1,000 square feet of an existing 1,300- square -foot commercial space to dining and kitchen facilities for the purpose of establishing a tea room (Eating and Drinking Establishment) with accessory retail of tea products. 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 CG (Commercial General) Zoning District and the General Plan Land Use Element category is CG (General Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 14, 2013 in the City Hall Council Chambers, 3300 Newport Boulevard, 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to improve an existing commercial space to an eating and drinking establishment with accessory retail sales. Zoning Administrator Resolution No. ZA2013 -013 Paqe 2 of 9 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 proposed project is a food service, eating and drinking establishment to be located within the Westcliff Court retail and business office center (between Sherington Place and Westcliff Drive), which is designed and operated as a commercial center. 2. The General Plan land use designation for the site is CG (General Commercial), which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 3. The proposed eating and drinking establishment is consistent with the General Plan General Commercial (CG) land use designation, as it is intended to serve a limited range of specialty food and beverage products to residents and visitors. 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. The site is located within the Commercial General (CG) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. The proposed eating and drinking establishment is consistent with the land uses permitted within this zoning district. 2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit Requirements), the proposed project requires approval of a minor use permit, because it is located within 500 feet of the residential zoning districts located north and south of the subject site. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 3 of 9 3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one (1) parking space for every 30 -50 square feet of net public area. The proposed project has a net public area of 810 square feet and has seating for a maximum of 18 customers. The establishment will be located within the Westcliff Court commercial center. Staff believes one (1) space for every 50 square feet of net public area is a reasonable number to require for the proposed use, given the project characteristics, parking supply, and mix of existing tenants located within the commercial center. Based on the net public area of the proposed establishment, a total of 17 parking spaces will be required (810/50 = 16.2). The Westcliff Court commercial center has surplus parking spaces available to provide the parking spaces required to accommodate this parking rate and the proposed use. 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 proposed project involves interior alterations to an existing commercial space within Westcliff Court to an eating and drinking establishment. The commercial center will still provide a surplus of parking spaces. 2. The proposed use will provide tea products for sale and will offer food products for on -site consumption with seating for a maximum of 18 customers. The operational characteristics of the use are those of an eating and drinking establishment, which is a typical use in these types of commercial centers. 3. The conditions of approval limit the hours of operation for the establishment from 7:00 a.m. to 10:00 p.m., daily. These hours will be compatible with the other uses in the shopping center and are not considered to be late by definition of the Zoning Code. 4. The proposed establishment will be located within a commercial center in a nonresidential zoning district. Although it is located less than 500 feet of a residential district directly to the north and south (within approximately 100 feet), the establishment is separated by a public right -of -way, landscaped area, and parking lot. The separation provides a buffer from potential noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 4 of 9 5. The applicant is required to obtain Health Department approval prior to opening for business, and to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 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 existing building and parking lot within Westcliff Court have functioned satisfactorily with the current configuration. The proposed project, which includes interior alterations to convert an existing commercial space to an eating and drinking establishment will not negatively affect emergency access. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within Westcliff Court and the surrounding area. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding The project has been reviewed and this approval includes conditions 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 restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. 3. The proposed food service, eating and drinking establishment will help revitalize the project site and provide an economic opportunity for the property owner to 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 5 of 9 update the tenant space and provide additional services to the residents and visitors alike. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -001, 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 fourteen days after the adoption of this Resolution unless within such time an appeal 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 14TH DAY OF MARCH, 2013. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 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. Use Permit No. UP2013 -001 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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Use Permit. 5. 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. 6. The hours of operation for the establishment shall be limited to 7:00 a.m. through 10:00 p.m., daily. 7. The interior net public area shall be limited to 810 square feet. (This sum includes the 210 - square -foot retail sales area.) 8. A minimum of 17 parking spaces (1 parking space per 50 square feet of net public area) shall be provided within the commercial center for the establishment. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this use permit or the processing of a new use permit. 10. 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. 11. 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. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 7 of 9 12. No outside paging system shall be utilized in conjunction with this establishment. 13. All trash shall be stored within the building or within the existing dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 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. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 17. 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. 18. 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. 19. 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 the Westcliff Court Tea Room MUP including, but not limited to, the Minor Use Permit No. UP2013 -001 (PA2013 -004). 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. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 8 of 9 Public Works Conditions 20. All improvements shall be constructed as required by Ordinance and the Public Works Department. 21. Applicant shall reconstruct the existing and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Westcliff Drive and Sherington Place frontages. 22. The existing street tree(s) along Westcliff Drive and Sherington Place shall be protected in place. Unauthorized tree removal(s) will trigger substantial penalties for all of the parties involved. 23. All new and existing sewer laterals shall have a sewer cleanout installed per City Standard STD -406 -L with a traffic -grade box and cover. The new sewer cleanout shall be located within the public right -of -way. 24. All new and existing water services (i.e., domestic, irrigation, and fire) shall be protected by a City- approved backflow assembly per City Standards. 25. An encroachment permit is required for all work activities within the public right -of -way. 26. All improvements shall comply with the City's sight distance requirement pursuant to City Standard STD - 110 -L. 27. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 28. All on -site drainage shall comply with the latest City Water Quality requirements. 29. Applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand, when necessary. Fire Department Conditions 30. A 2A 10BC fire extinguisher shall be placed in a conspicuous location. 31. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, and an automatic fire extinguishing system consisting of a wet chemical extinguishing system complying with UL 300. 32. Sprinkler modifications may be required with any changes made to the interior of the tenant space at the discretion of the Fire Department. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -013 Paqe 9 of 9 Building Division Conditions 33. 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. 02 -13 -2013