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HomeMy WebLinkAboutZA2017-007 - TENTATIVE PARCEL MAP - 1706 Bay Avenue E RESOLUTION NO. ZA2017-007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-190 TO ALLOW OPERATION OF A BAKERY (TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT) LOCATED AT 706 E. BAY AVENUE (PA2016-190) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Win Nguyen Design Group with respect to property located at 706 E. Bay Avenue and legally described as Lot 4 as shown on a map of a resubdivision of Lots 1 to 7 inclusive of Block 98 of the Balboa Tract, as per map recorded in Book 8, Page 37, of Miscellaneous Maps, records of Orange County, California and all that portion of Lot 4 in Block "G" in bay front section of the Balboa Tract as shown on a map recorded in Book 6, Page 15 of Miscellaneous Maps, records of Orange County, California, lying Southwesterly of a straight line between the most Southerly corner of Lot 7 and a point in the Northwesterly line of said Lot 4 of said Block "G" in bay front section of the Balboa Tract aforesaid which point is 8.81 feet Northeasterly from the most Westerly corner of Lot 4 of said bay front section requesting approval of a minor use permit. 2. The applicant proposes a bakery (Take-Out Service, Limited Eating and Drinking Establishment) to operate in an existing 3,290 square foot single-story commercial tenant space within 500-feet of a residential Zoning District. The proposed bakery would include retail uses and primarily provide food services to-go with a maximum of six seats for customers. The project includes tenant improvements to create a kitchen area, seating area, retail shelving, and a waiting area. The proposed hours of operation are 8:00 a.m. to 8:00 p.m. daily. 3. The subject property is located within the Commercial Visitor-Serving (CV) Zoning District and the General Plan Land Use Element category is Visitor Serving Commercial (CV). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-A) - (0.0 - 0.75 FAR). 5. A public hearing was held on January 26, 2017 in the Corona del Mar Conference Room (Bay E-1 st 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. Zoning Administrator Resolution No. ZA2017-007 Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in 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 General Plan designates the site as Visitor Serving Commercial (CV), which is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. 2. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach and is consistent with the CV land use category. 3. A variety of small eating and drinking establishments exist nearby and the proposed take-out service would be complementary to the surrounding commercial, residential, and water related uses. 4. The subject property is not part of a specific plan area. Finding- B. indin :8. 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 Visitor-Serving (CV) Zoning District. The proposed take-out service, limited eating and establishment, which includes kitchen facilities, no alcohol service, and no late hours, is a permitted use subject to the 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 3 of 8 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. The proposed use would also comply with Section 20.38.060 Non-Conforming Parking of the Zoning Code. This section states that a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. The proposed Take-Out Service — Limited use would require one parking space per 250 square feet. Therefore, the proposed use complies with Section 20.38.060 of the Zoning Code regardless of inclusion within the Balboa Village Parking Management Overlay District. 3. The property is also located within the Balboa Village Parking Management Overlay District. Pursuant to Municipal Code Section 20.28.030D, no off-street parking shall be required for any new nonresidential use or intensification of uses except the following uses as defined by the Zoning Code: assembly/meeting facilities, commercial recreation and entertainment, cultural institutions, all marine services uses, schools, and visitor accommodations. The proposed use is a take-out service, limited eating and drinking establishment, and based upon the proposed design with limited seating, no additional parking is required. 4. 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, including a maximum of 6 seats. Finding- C. indin :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 location of the proposed use is appropriate given that the establishment will be accessible from Bay Avenue, which provides convenient access to motorists, pedestrians, and bicyclists. The site is also accessible from Edgewater Place, which provides convenient access for pedestrians. 2. The proposed establishment is located near visitor serving retail uses and small eating and drinking establishments. Thus, the proposed use is compatible with the existing commercial and residential uses in the area. 3. As conditioned, the allowed hours of operation will be 6:00 a.m. to 10:00 p.m. daily, which would minimize any nuisances to residents living near the property. 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 4 of 8 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 site would be served by existing utilities. 2. The Fire Department found no deficiencies with the proposed use and adequate public and emergency vehicle access is provided. 3. Any proposed site improvements must comply with applicable provisions of 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 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. Conditions of approval such as those which limit the hours of operation and deliveries, require trash receptacles, and prohibit alcohol sales and services are included to help 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 proposed food service, eating and drinking establishment will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space, and provide additional services to the residents and visitors alike. 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. 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No.UP2016-046, 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 or call for review 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 26TH DAY OF JANUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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 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 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. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit unless determined to be in substantial conformance with the plans and conditions by the Community Development Director. 6. 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. 7. The hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. daily. 8. The maximum number of seats, including any stand-up counter areas for patrons shall be limited to a total of six (6). 9. There shall be no outdoor dining unless otherwise reviewed and approved by the Planning Division. 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 outside paging system shall be utilized in conjunction with this establishment. 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 7 of 8 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. 13. 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. Collection shall occur as frequently as necessary to prevent accumulation of trash. 14. 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. 15. 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). 16. 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 Use Permit. 17. 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. 18. 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. 19. 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. 20. 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 Balboa Bakery and Donuts Minor Use Permit including, 01-03-17 Zoning Administrator Resolution No. ZA2017-007 Page 8 of 8 but not limited to, Minor Use Permit No. UP2016-046 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. Fire Department Conditions 21. Cooking that produces grease laden vapors will require a Type I hood as per California Fire Code (CFC) Section 609.2. 22. Commercial cooking equipment with Type I hood shall have an automatic fire extinguishing system that is listed and labeled for its intended use. The fire extinguishing system shall be a wet chemical extinguishing system complying with UL 300. CFC Sec. 904.11. 23. A 2A10BC fire extinguisher will be required and will cover approximately 3,000 square feet of floor area. Additionally, a Class K fire extinguisher will be required and must be installed within 30 feet of the cooking area with the fire extinguishing system. Building Division Conditions 24. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. 25. Accessible Americans with Disabilities Act (ADA) compliant parking shall be provided. 26. Doors shall not swing over property line into right-of-way. Public Works Conditions 27. Install sewer clean outs on all existing sewer laterals per City Standard STD-406-L. 28. Any required upgrades to the existing on-site sewer system (i.e. grease interceptor) shall be accommodated on-site. 01-03-17