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HomeMy WebLinkAboutZA2013-082 - APPVOVED UP2013-022 - 1651 WESTCLIFF DRIVERESOLUTION NO. ZA2013 -082 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -022 FOR A TAKE -OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 1651 WESTCLIFF DRIVE PA2013 -205 THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Krisp Fresh Living, with respect to property located at 1651 Westcliff Drive, and legally described as Parcel 1 of Resubdivision 0153, requesting approval of a Minor Use Permit. 2. The applicant requests a Minor Use Permit for a take -out service, limited eating and drinking establishment with six seats. The applicant proposes to convert the existing retail sales suite into a juice bar. 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 Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 27, 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. This project has been determined to be categorically exempt pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. The subject project is for a change of use in an existing building. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2013 -082 Page 2 of 6 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The proposed use is designated as CG (General Commercial) within the Land Use Element of the General Plan, which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. An eating and drinking establishment is a commercial use that serves local and regional needs and is consistent with the CG designation. A -2. The subject property is not located within 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. The proposed use is located in the Commercial General (CG) Zoning District, which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Approval of a Minor Use Permit is required for a take -out service, limited eating and drinking establishment if the subject property is located within 500 feet of any residential zoning district, otherwise it is allowed by right. The subject property is located within 500 feet of residential zoning districts, which are located on the opposite side of Westcliff Drive to the north and Sherington Place to the south. B -2. Pursuant to Zoning Code Section 20.40.030 (Requirements for Off - Street Parking), take -out service, limited eating and drinking establishments are required to provide one parking space for every 250 square feet of gross floor area, which is the standard parking rate that applies to the previous retail sales use and the proposed use. The parking demand is not increasing and the proposed use is consistent with the parking requirements. B -3. The proposed project is subject to and would operate in compliance with Section 20.48.090 (Eating and Drinking Establishments). No outdoor activities, late operations, alcohol sales, or outdoor dining are proposed as part of this application, but future changes would be required to be consistent with the Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -082 Page 3 of 6 Facts in Support of Finding: C -1. Commercial and residential uses are allowed in the vicinity, including retail sales, service, restaurant, office, and multiple residential uses. The subject suite is located among other commercial uses along Westcliff Drive, and residential uses are located nearby on Westcliff Drive to the north and Sherington Place to the south. C -2. The existing multiple- tenant commercial building is not changing as a result of this project. The existing building design, location, and size previously used for commercial uses have not proven detrimental to the nearby residential uses. The site is developed with adequate shared parking and trash storage facilities. The subject suite is 920 square feet in gross floor area with 356 square feet proposed as net public (customer serving) area. The proposed project would include a patron restroom and a maximum of six (6) seats. C -3. The operational characteristics of the proposed establishment would be that of a typical take -out service eating and drinking establishment that would serve residents, visitors, and employees. The proposed use would not increase the parking demand, have late hours of operation, include alcohol sales, nor create any adverse noise impacts outside of the establishment. The abutting properties are commercial and the abutting streets and parking areas provide adequate separation to residential uses. Therefore, the operating characteristics would be compatible with the allowed commercial and residential uses in the vicinity. 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 lot is 23,040 square feet in area (80' X 288'), rectangular in shape, located in a commercial area, and is developed with a multiple- tenant building and surface parking lot. The site has street access from the front along Westcliff Drive and the rear along Sherington Place, and the streets provide added separation from residential uses. A walkway corridor is provided from the front of the building and parking area to the rear of the building and parking area. D -2 The site is developed with an existing multiple- tenant building that is not changing as a result of this project. The design, location, shape, and size have been suitable for the commercial uses on site and would continue the existing provision of emergency vehicle access, public services, and utilities. D -3 The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -082 Page 4 of 6 Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. 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 proposed use is similar to and compatible with other commercial uses in the vicinity, and complements the retail sales and service uses in the immediate area. The use will serve nearby residents, employees, and visitors to the area. E -2. The proposed use would sell food and beverages for primarily off -site consumption with up to six (6) seats provided. E -3. The proposed use would not increase the parking demand, have late hours of operation, include alcohol sales, nor create any adverse noise impacts outside the establishment. E -4. Compliance with the Municipal Code is required and will further ensure that the proposed use will not be detrimental. 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 -022, 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 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 27TH DAY OF NOVEMBER, 2013. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -082 Page 5 of 6 WA :11 -311 dv-.l 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. Minor Use Permit No. UP2013 -022 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 Minor 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 shall be limited to between 7:00 a.m. and 11:00 p.m., daily. 7. The project shall be limited to a maximum of six (6) seats. 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 Minor Use Permit. 9. A copy of this 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 the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 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. 12. No outside paging system shall be utilized in conjunction with this establishment. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -082 Page 6 of 6 13. 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. 14. The trash dumpsters and /or receptacles shall be 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). 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. 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 Minor Use Permit. 17. 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. 18. 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 Krisp Fresh Living including, but not limited to, the Minor Use Permit No. UP2013 -022. 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. 10 -15 -2013