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HomeMy WebLinkAboutZA2016-054 - SUITE 28 - MINOR USE PERMIT FOR FOOD SERVICE USE - 1000 North Bristol St RESOLUTION NO. ZA2016-054 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-036 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT USE LOCATED AT 1000 NORTH BRISTOL STREET, SUITE 28 (PA2016-140) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kobra Design, with respect to property located at 1000 North Bristol Street, Suite 28, and legally described as Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Parcel Map filed in book 97, pages 18 and 19 of Parcel Maps, in the Office of the County Recorder of said County, requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a new food service, eating and drinking establishment use within an existing commercial shopping center. No late hours (after 11:00 p.m.) or alcohol service is requested as part of the application. 3. The subject property is located within the PC-11 (Newport Place Planned Community — General Commercial Site 3) Zoning District and the General Plan Land Use Element category is CG (General Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 15, 2016, 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). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use 2. Class 1 exempts minor alterations to existing facilities that involve negligible expansion of the use. This project involves an interior remodel of an existing commercial space and a change in use from a physical therapy facility to an eating and drinking establishment, with a negligible expansion of use. Zoning Administrator Resolution No. ZA2016-054 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020F. 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 land use designation for this site is CG (General Commercial). The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The food service establishment is consistent with this land use designation, as the use will serve residents and persons working in the area. 2. 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 within General Commercial Site 3 of the PC-11 (Newport Place Planned Community) Zoning District. Restaurants are a permitted use in General Commercial Site 3 of the Newport Place Planned Community District (PC- 11), subject to the approval of a use permit. A Food Service, Eating and Drinking Establishment use with no late hours and no alcohol service requires approval of a minor use permit. 2. The Plaza Newport Shopping Center provides parking pursuant to Section 20.40.040 of the Newport Beach Municipal Code as required by the Development Regulations in PC-11. Each of the uses has a required parking ratio per this Section. The parking ratio required for a food service with no alcohol service and no late hours is 1 space per 30 — 50 square feet of net public area as determined by the use permit. Based on the size of Vibe, with no late hours and no alcohol service, staff has determined the required parking ratio of 1 space per 40 square feet of net public area. This results in a parking requirement of 14 spaces. A parking summary of all existing uses including Vibe and their required parking is provided on Sheet No. TS of the approved plans. The parking summary demonstrates that including Vibe, there is a surplus of 14 parking spaces for the shopping center. 05-26-2016 Zoning Administrator Resolution No. ZA2016-054 Page 3 of 7 3. As conditioned, the proposed establishment 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: 1. The food service, eating and drinking establishment use will occupy an existing 1,300-square-foot tenant space within the Plaza Newport Shopping Center. The space will be improved with a small-scale kitchen and related storage areas, a restroom, and a dining area with seating for up to 20 patrons. 2. The project is located within the Plaza Newport Shopping Center. The shopping center includes existing personal services, retail sales, eating and drinking establishments, and an urgent care. The surrounding area consists of retail and office buildings with the closest residential located across the 73 Freeway adjacent South Bristol Street. The operational characteristics of the project are conditioned to help ensure the use is compatible with the residential and other commercial uses in the vicinity. 3. As conditioned, the allowed hours of operation are 7:00 a.m. to 11:00 p.m., daily, thereby limiting the likelihood of late night/early morning land use conflicts with nearby businesses. 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 Plaza Newport Shopping Center is approximately five acres and is developed with approximately 170,000 square feet in four (4) multi-tenant buildings and a parking lot. The existing buildings and parking lot have functioned satisfactorily with the current configuration which allows vehicular access from two separate driveways along North Bristol Street and one off of Dove Street. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 05-26-2016 Zoning Administrator Resolution No. ZA2016-054 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, or 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 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. 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 with 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. UP2016-036, 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 15th DAY OF SEPTEMBER, 2016. Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-054 Page 5 of 7 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Minor Use Permit No. UP2016-036 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is 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. 7. Prior to issuance of Building Permits, a fair share fee shall be assessed Pursuant to Municipal Code Section 15.38 and paid by the applicant. 8. The hours of operation for the establishment shall be limited to between the hours of 7:00 a.m. and 11:00 p.m., daily. 9. A maximum number of twenty (20) seats may be provided inside the establishment. 10. No alcohol sales or service shall be permitted unless an amendment to this Use Permit is obtained. 11. Any change in operational characteristics, 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-054 Page 6 of 7 12. 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. 13. 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. 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. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 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 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). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Minor Use Permit. 20. 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. 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 05-26-2016 Zoning Administrator Resolution No. ZA2016-054 Page 7 of 7 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. 22. 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 Vibe Organic Kitchen & Juice MUP including, but not limited to, Minor Use Permit No. UP2016-036 (PA2016-140). 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 23. 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. 05-26-2016