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HomeMy WebLinkAboutZA2015-041 - A minor use permit for a take-out service, limited eating and drinking establishment (Smallcakes). The property is developed with a mixed-use structure containing two commercial tenant spaces and two - 208 Marine Ave RESOLUTION NO. ZA2015-041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-026 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 208 MARINE AVENUE (PA2015-099) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Hartwig, with respect to property located at 208 Marine Avenue, and legally described as Lot 5 in Block 11, Section 4, Balboa Island, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 37, of Miscellaneous Maps, Records of said County, requesting approval of a minor use permit. 2. The applicant proposes a take-out service, limited eating and drinking establishment. The operation will be split between two buildings with the one-story front building serving as a retail storefront for the baked goods and the first floor of the rear building serving as a commercial kitchen to prepare the baked goods for sale. The front retail storefront will maintain a maximum of six seats. Late hours (after 11:00 p.m.) are not 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). 5. A public hearing was held on July 16, 2015, 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 Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 — Existing Facilities. 2. The Class 1 exemption includes minor alterations to existing facilities involving negligible expansion of use. The change of use from commercial office/storage and retail sales to a Zoning Administrator Resolution No. ZA2015-041 Page 2 of 7 take-out service, limited eating and drinking establishment is a negligible expansion of use. 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: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The project site is designated as Mixed-Use Water Related (MU-W2) by the Land Use Element of the General Plan, which is intended to provide for commercial development near the bay while integrating residential development on the upper floors. The proposed project is consistent with the MU-W2 designation inasmuch as it is a commercial use on the ground floor that will provide a service to residents and visitors in the area. 2. Eating and drinking establishment uses are prevalent in the vicinity along Marine Avenue and are frequented by both visitors and residents. As conditioned, the establishment will be compatible with the land uses allowed within the surrounding neighborhood. 3. 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 subject property is located in the MU-W2 Zoning District, which is intended to provide for commercial development near the bay while integrating residential development on the upper floors. The proposed project is consistent with the intent of this district as it will maintain the residential unit above while utilizing two ground floor tenant spaces as a commercial use which will provide a service to residents and visitors in the area. 2. A take-out service, limited eating and drinking establishment use is allowed with the approval of a minor use permit pursuant to Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the Zoning Code. 03-03-2015 Zoning Administrator Resolution No. ZA2015-041 Page 3 of 7 3. Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), take-out service, limited eating and drinking establishment uses require one parking space per 250 square feet of gross floor area. The parking is nonconforming as the site does not provide any off-street parking; however, the change of use from commercial office/storage and retail sales does not increase the parking requirement. 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 is located within a mixed-use zoning district with residential and commercial uses nearby. The operational characteristics are that of a take-out service, limited eating and drinking establishment and not of a bar, or nightclub. 2. The combined gross floor area of the two ground floor spaces proposed to be used for the operation is approximately 1,071 square feet. The proposed seating area is approximately 120 square feet in area. 3. As conditioned, the retail hours of operation will be from 9:00 a.m. to 9:00 p.m., Sunday through Thursday, and 9:00 a.m. to 10:00 p.m., Friday and Saturday. 4. As proposed and conditioned, there will be no sales and/or service of alcoholic beverages. 5. The surrounding area along Marine Avenue contains various commercial uses including restaurants and retail sales. The proposed establishment is compatible with the existing and allowed uses within the neighborhood. 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 subject lot is 30 feet by 75 feet (2,250 square feet in area) and was developed in the 1940s with two commercial tenant spaces on the ground floor fronting Marine Avenue and a two-story, two-unit residential structure at the rear. Since its original development, the ground floor residential unit has been converted to a commercial tenant space. 2. The subject lot is fronting a public street and also has alley access. The existing building has functioned effectively with the current configuration. 03-03-2015 Zoning Administrator Resolution No. ZA2015-041 Page 4 of 7 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: 1. The restrictions on number of seats and stand-up counter space will help prevent adverse traffic impacts for the surrounding residential and commercial uses. Patrons who are nearby residents or visitors to the area will likely walk or ride a bicycle to the subject site. 2. As conditioned, the hours of operation will end no later than 10:00 p.m., which will help to eliminate any late-night noise impacts on the neighboring residential uses. 3. The proposed use will provide an economic opportunity for the property owner and provide additional services for the residents and visitors in the surrounding area who patronize the commercial uses on Marine Avenue. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-026, 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 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 16TH DAY OF JULY, 2015. h re d Wisneski, AI 'P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-041 Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. 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. 5. All baking and preparation work shall commence no earlier than 7:00 a.m., daily. 6. The retail hours of operation shall be limited to between the hours of 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and 9:00 a.m. to 10:00 p.m., Friday and Saturday. 7. The total number of seats and/or stand-up counter space or any combination thereof shall be limited to six (6). 8. The rear commercial unit shall only be used for baking and preparation and shall not contain any seats for use by patrons of the establishment. 9. There shall be no sales and/or service of alcohol permitted unless a new use permit is approved. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this Minor Use Permit or the processing of a new use permit. 11. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-041 Page 6 of 7 12. 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 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. 13. 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. 14. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts the hours of noise-generating construction activities that produce noise 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. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 17. 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. 18. The applicant shall ensure that the trash receptacles are maintained to control odors. 19. 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. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited. 21. 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. 22. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-041 Page 7 of 7 23. 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 Smallcakes Cupcakery MUP including, but not limited to, Minor Use Permit No. UP2015-026 (PA2015-099). 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 Division 24. 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. Public Works 25. New and existing sewer laterals shall have a cleanout installed per City Standard STD- 406-L. 26. New and existing commercial water meter(s) shall be protected by a City approved reduced pressure backflow assembly and installed per City Standard STD-520-L-A. 27. New and existing fire services, when required by the Fire Department, shall be protected by a City approved double check detector assembly and installed per City Standard STD-517-L. 28. The applicant shall be responsible for all upgrades to the City's utilities as required to fulfill the project's demand as applicable. 03-03-2015