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HomeMy WebLinkAboutZA2013-062 Approved MUP - UP2013-014 - 1080 Bayside DriveRESOLUTION NO. ZA2013 -062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -014 FOR THE EXPANSION OF AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT (SAPORI RISTORANTE) LOCATED AT 1080 BAYSIDE DRIVE (PA2013 -151) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by CAA Planning, Inc. on behalf of the Irvine Company, with respect to property located at 1080 Bayside Drive, and legally described as Parcel 1 of Lot Line Adjustment No. 98 -06 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit application to allow the expansion of an existing eating and drinking establishment (Sapori Ristorante) into the abutting tenant space. No changes to the Alcoholic Beverage Control (ABC) license type or hours of operation are proposed. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial - (0.0 to 0.30 FAR) (CN). 5. A public hearing was held on October 10, 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. 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 Structures) of the Implementing Guidelines of the California Environmental Quality Act. The proposed project involves interior alterations to convert currently vacant retail space to a food service, eating and drinking establishment. The existing space will be remodeled with approval of a tenant improvement building permit. Zoning Administrator Resolution No. ZA2013 -062 Paqe 2 of 8 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 Al. The proposed project is an expansion of an existing food service, eating and drinking establishment located within the Bayside Shopping Center (southwest corner of Jamboree Road and Bayside Drive), which is designed and operated as a neighborhood - serving shopping center. A2. The General Plan land use designation for the site is CN (Neighborhood Commercial), which is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. A3. The proposed food service, eating and drinking establishment is consistent with the General Plan Neighborhood Commercial (CN) land use designation, as it is intended to serve a limited range of food and beverage products primarily to the residents of the adjacent neighborhoods. A4. 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 B1. The site is located within the Commercial Neighborhood (CN) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment is consistent with the land uses permitted within this zoning district and the conditions of approval will ensure that the use is compatible with the adjacent residential areas. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 3 of 8 B2. 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 adjacent to the subject site. B3. 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. B4. Section 20.40.050 (Parking Requirements for Shopping Centers) establishes off - street parking standards for shopping center developments and allows up to 15 percent of the total gross floor area to be food service uses. The existing shopping center is approximately 55,941 square feet with the Pavilions grocery store occupying 29,440 square feet of that area. Since the Pavilions tenant space is over 10,000 square feet in area, a retail parking requirement of one space for each two hundred and fifty (250) square feet of gross floor area is used with the remaining square footage being parked at one space for each two hundred (200) square feet of gross floor area. The proposed expansion will not exceed the allowable floor area for food service uses within this shopping center and sufficient parking exists for the shopping center development. 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 C1. The proposed project involves interior alterations to a vacant retail tenant space within the Bayside Shopping Center to a food service, eating and drinking establishment. The shopping center will still provide a surplus of parking spaces. C2. The existing food service, eating and drinking establishment provides seating for 127 customers and the expansion will add 22 seats for a maximum of 149 customers. The operational characteristics of the use are that of a food service, eating and drinking establishment, which is a typical use in these types of shopping centers. C3. The conditions of approval limit the hours of operation for the interior of the establishment from 10:00 a.m. to 11:00 p.m., daily and the outdoor patio from 10:00 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. C4. The proposed establishment will be located within a shopping center in a nonresidential zoning district. Although it is located less than 500 feet of a 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 4 of 8 residential district directly to the northeast (within approximately 100 feet), it is not facing the residential properties and is separated from them by a block wall, landscaped area, and parking lot. The separation provides screening and protection from view and any noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. C5. 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. 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 Findinq D1. The existing building and parking lot within the Bayside Shopping Center have functioned satisfactorily with the current configuration. The proposed project, which includes interior alterations to convert a vacant retail tenant space to a food service, eating and drinking establishment will not negatively affect emergency access. The design, size, location, and operating characteristics of the use are compatible with the existing uses within the shopping center and the surrounding area. D2. Adequate public and emergency vehicle access, public services, and utilities are provided within the Bayside Shopping Center and the surrounding area. D3. 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 E1. 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 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 5 of 8 adjacent properties during business hours, if directly related to the patrons of the establishment. E2. The restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. E3. The proposed food service, eating and drinking establishment will help provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area. 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 -014, 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP3335, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER, 2013. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 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. Minor Use Permit No. UP2013 -014 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 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 approval may be modified or revoked by the Zoning Administrator should he /she determine 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 the hours between 10:00 a.m. and 11:00 p.m., daily. 7. The hours of operation for the outdoor patio area shall be limited to the hours between 10:00 a.m. and 10:00 p.m., daily. 8. The Alcoholic Beverage Control (ABC) License shall be a Type -47 (On -Sale General, Bona Fide Public Eating Place). 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, is subject to additional review and may require an amendment to this Minor Use Permit or the processing of a new use permit. 10. 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. 11. No building permits may be issued until the appeal period has expired, unless otherwise approved by the Planning Division. Building permits for structures located 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 7 of 8 across the existing property lines shall not be issued until the lot line adjustment has been recorded. 12. All trash shall be stored within the building or within 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 13. 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). 14. 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 Planning 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 elements approved by this approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15. A copy of this resolution, including conditions of approval, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 16. 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 Sapori Ristorante Expansion including, but not limited to, Minor Use Permit No. UP2013 -014 (PA2013 -151). 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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -062 Paqe 8 of 8 POLICE DEPARTMENT 17. Approval does not permit Sapori Ristorante to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless a new use permit is approved. 18. Food service from the regular menu must be available to patrons up to thirty minutes before the scheduled closing time. 19. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 20. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 21. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 23. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 24. There shall be no live entertainment allowed on the premises. 25. There shall be no dancing allowed on the premises. 26. Strict adherence to maximum occupancy limits is required. 27. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 08 -09 -2013