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HomeMy WebLinkAboutZA2013-053 - Approved MUP - UP2013-012 - 2823 Newport BlvdRESOLUTION NO. ZA2013 -053 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -012 FOR A FOOD SERVICE USE LOCATED AT 2823 NEWPORT BOULEVARD (PA2013 -142) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Matt Meddock, with respect to property located at 2823 Newport Boulevard, and legally described as Lots 18, 19, 20, and 21 of subdivision of Block 227, Section "A" Newport Beach, as shown on a map recorded in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County requesting approval of a minor use permit. 2. The applicant proposes to convert an existing 3,307 square -foot retail space to a food service use. The proposal includes 523 square feet of interior net public area and seating for 31 patrons. Service of alcohol and late hours (after 11:00 p.m.) are not proposed. 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 September 12, 2013, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 — (Existing Facilities). 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 and related parking lot with no expansion in use. 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: Zoning Administrator Resolution No. ZA2013 -053 Paqe 2 of 8 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The General Plan designates the site as Visitor Serving Commercial (CV) which is intended to provide for accommodations, goods, and services to primarily serve visitors to the City of Newport Beach. A -2. The proposed food service use is consistent with the CV designation as it is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. A -3. Eating and drinking establishments are common in the vicinity along Newport Boulevard and are complimentary to the surrounding commercial and residential uses. A-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: B -1. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements, Table 2 -5) of the Zoning Code, eating and drinking establishments located in the CV Zoning District that are within 500 feet of a residential zoning district, and classified as Food Service, No Alcohol, No Late Hours, require the approval of a minor use permit. The property is located approximately 100 feet from a residential zoning district. B -2. The existing tenant space is considered legal nonconforming due to parking because 11 parking spaces are provided onsite, where, based on a parking ratio for the previous use (retail) of one space per 250 gross square feet, a total of 14 spaces (3,307/250 = 13.2) are required. Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area) occurs. B -3. Based on the characteristics of the proposed use with a combination of fixed - seating, bicycle parking, presence of walk up traffic, no live entertainment, and no late hours, a rate of one parking space per 40 square feet of net public area is appropriate. With this ratio, 14 spaces (523/40 = 13.1) would be required on site, and would therefore, not intensify the parking requirement above what was required (14 spaces) for the previous retail use, and does not result in an intensification of use. Zoning Administrator Resolution No. ZA2013 -053 Paqe 3 of 8 B-4. As conditioned, the proposed project 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: C -1. The proposed food service use is appropriate given the establishment will be located between two streets which provide convenient access to motorists, pedestrians, and bicyclists. C -2. The establishment is buffered from residential uses to the west by Newport Boulevard and the adjacent municipal parking lot. C -3. The surrounding area contains various business office, retail, and visitor serving commercial uses including restaurants and take -out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the area. C -4. The proposed establishment will provide a service for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces onsite. C -5. The existing trash storage area is adequate to accommodate the proposed food service use and is conveniently located where materials can be deposited and collected, and does not impede the parking spaces. As conditioned, the height of the trash enclosure shall be increased to completely screen the trash dumpster, and a gate shall be installed that will be locked when not in use. 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: D -1. The parking lot is proposed and conditioned to be reconfigured to provide adequate circulation and code compliant parking spaces. D -2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. D -3. The proposed site improvements will comply with all Building, Public Works, and Fire Codes. Zoning Administrator Resolution No. ZA2013 -053 Paqe 4 of 8 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: E -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. E -2. 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 within the establishment. E -3. The proposed renovations to the existing commercial building and related parking lot will have a positive impact on the overall economic health of the community and may promote further revitalization of other commercial properties in the vicinity. 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 -012, subject to the conditions set forth in Exhibit A, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER, 2013 Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2013 -053 Paqe 5 of 8 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. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed use 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. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 4. Minor Use Permit No. UP2013 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. Live entertainment and dancing shall be prohibited as a part of the regular business operation. 9. The sale of alcoholic beverages shall be prohibited unless an amendment to this Minor Use Permit or other required application is first approved in accordance with the provisions of the Municipal Code. 10. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Net public area shall be limited to 523 square feet. Zoning Administrator Resolution No. ZA2013 -053 Paqe 6 of 8 12. The hours of operation for the food service use are limited to between 6:00 a.m. and 11:00 p.m. daily. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. The applicant shall take reasonable steps to ensure that noise created by music and or video in the interior of the establishment does not impact surrounding residential land uses. 15. 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. 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 17. A gate shall be installed to enclose the existing trash enclosure and shall be locked when not in use. 18. The walls of the existing trash enclosure shall be increased in height so no portion of the trash dumpster is visible from the public right of way. 19. The trash dumpster within the trash enclosure shall be covered with a solid lid. 20. 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). 21. 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. 22. 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. 23. 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. 24. 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. Zoning Administrator Resolution No. ZA2013 -053 Paqe 7 of 8 25. 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 Sessions Sandwiches Minor Use Permit including, but not limited to, the UP2013 -012 (PA2013 -142). 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. Building and Fire Department Conditions 26. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 27. The construction plans must meet all applicable State Disabilities Access requirements. 28. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 29. All exits shall remain free of obstructions and available for ingress and egress at all times. 30. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Revenue Division Conditions 31. 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. Zoning Administrator Resolution No. ZA2013 -053 Paqe 8 of 8 Public Works Department Conditions 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Newport Boulevard frontages. 34. An encroachment permit is required for all work activities within the public right -of -way. 35. All improvements shall comply with the City's sight distance requirement, pursuant to City Standard 110 -L and Municipal Code section 20.30.130. 36. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 37. All on -site drainage shall comply with the latest City Water Quality requirements. 38. The existing water meter servicing the project site shall be protected with a reduced pressure backflow assembly and shall be sized to match the water meter. 39. Both driveway approaches /curb openings shall be modified to align with the new drive aisle alignment. The modified driveway approaches shall be installed per City standard. 40. The proposed bicycle parking located at the westerly side of the property shall be positioned to ensure that the bicycle rack and bicycles do not encroach into the public right -of -way. 41. The parking lot shall be reconfigured consistent with the approved site plan, including removal of the brick planter wall.