HomeMy WebLinkAboutZA2015-062 - SUITE 114 - MINOR USE PERMIT - 1617 Westcliff Dr RESOLUTION NO. ZA2015-062
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-038 FOR A TAKE-OUT SERVICE LIMITED, EATING
AND DRINKING ESTABLISHMENT LOCATED AT 1617
WESTCLIFF DRIVE, SUITE 114 (PA2015-163)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lisa Bonbright on behalf of Cafe Gratitude Newport Beach,
LLC, with respect to property located at 1617 Westcliff Drive, Suite 114, and legally
described as Parcel 1 of Lot Line Adjustment No. LA2002-031 requesting approval of a
minor use permit.
2. The applicant proposes a minor use permit to allow the operation of a take-out service
limited, eating and drinking establishment. No late hours (after 11:00 p.m.) or alcohol
service are proposed as part of the application. Required parking for the use is
provided in the onsite parking lot.
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 12, 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. This exemption authorizes minor alterations to existing structures involving negligible
or no expansion of use. The proposed project involves interior improvements to
convert a retail space to a take-out service limited, eating and drinking establishment
and involves no expansion in floor area or change in parking requirement.
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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:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan designates the site as General Commercial (CG) which is intended
to provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve Citywide or regional needs.
2. The proposed establishment will occupy a tenant space within a multi-unit commercial
building and is intended to provide a service not only to visitors, but also to residents
within the immediate neighborhood and surrounding area, and is therefore consistent
with the CG designation.
3. A variety of uses including general office and food service uses are permitted within
the building and the proposed take-out service would serve and be complementary to
these uses.
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 property is located in the Commercial General (CG) Zoning District. The proposed
establishment, which includes a kitchen, six (6) seats, no alcohol service, and no late
hours is a permitted use subject to the approval of a minor use permit pursuant to
Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land
Uses and Permit Requirements).
2. Parking required for the proposed establishment is provided within the shared parking
lot. The parking requirement for a take-out service limited, eating and drinking
establishment (1 space per 250 square feet) is the same standard required of a retail
tenant. Therefore, the existing onsite parking is sufficient for the proposed
establishment.
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3. As conditioned, the proposed establishment will comply with Zoning Code standards
for eating and drinking establishments, including those specific to the take-out service
limited use classification which includes a maximum of six (6) seats.
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 take-out service use is appropriate given the establishment will be
located within an existing multi-unit commercial building accessible from two streets
(Sherington Place and Westcliff Drive), which provides convenient access to motorists,
pedestrians, and bicyclists.
2. Surrounding properties consist of various nonresidential uses including general office
and food service uses. The proposed establishment is compatible with the existing and
permitted uses within the area.
3. As conditioned, the allowed hours of operation will be 7:00 a.m. to 11:00 p.m. daily,
which will minimize any disturbance to residences residing near the property.
4. The existing trash storage area within the parking lot is adequate to accommodate the
proposed food service use and is conveniently located where materials can be
deposited and collected, and does not impede with the parking spaces.
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 parking lot provides adequate circulation and parking spaces for patrons.
2. The site has been reviewed by the Fire Department to ensure adequate public and
emergency vehicle access is provided.
3. Any proposed site improvements will comply with the Zoning Code and all Building,
Public Works, and Fire Codes.
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
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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 take-out service limited, eating and drinking establishment will occupy vacant
space within an existing multi-unit commercial building that has not proven to be
detrimental to the occupants of the property or nearby properties.
2. 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.
3. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-038, 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 (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 12TH DAY OF NOVEMBER, 2015.
BY:
r d Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
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. 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.
3. The 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 is materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so
as to constitute a public nuisance.
4. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to the Minor Use Permit or the
processing of a new use permit.
5. 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.
6. Incidental seating for up to a maximum of six (6) patrons may be provided for on-site
consumption of food or beverage.
7. The sale of alcoholic beverages shall be prohibited unless an amendment to the Minor
Use Permit or other required application is first approved in accordance with the
provisions of the Municipal Code.
8. The hours of operation are limited to between 7:00 a.m. and 11:00 p.m. daily.
9. Parking spaces shall not be assigned for exclusive use.
10. 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.
11. Approval from the Orange County Health Department is required prior to the issuance
of a building permit.
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12. 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.
13. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of Between the hours of
7:00 a.m. and 10:00 p.m. 10:00 P.M. and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 45dBA 60dBA 45dBA 50dBA
feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
14. 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.
15. 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.
16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities 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.
17. Strict adherence to maximum occupancy limits is required.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three (3) walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
20. The applicant is required to provide a metal gate and decorative solid roof above the
trash enclosure for aesthetic and screening purposes.
21. 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.
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22. 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 twenty (20) feet of the premises.
23. 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).
24. 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.
25. 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.
26. 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.
27. This approval shall expire and become void unless exercised within twenty-four (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.
28. 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 Cafe Gratitude To-Go including, but not limited to,
UP2015-038 (PA2015-163). 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.
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