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HomeMy WebLinkAboutZA2018-100 - MINOR USE PERMIT FOR A TAKE-OUT SERVICE LIMITED, FOOD SERVICE ESTABLISHMENT - 3366 VIA LIDORESOLUTION NO. ZA2018-100 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-009 FOR A TAKE-OUT-SERVICE LIMITED, FOOD SERVICE ESTABLISHMENT LOCATED AT 3366 VIA LIDO (PA2018-158) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christina Brown of H. Hendy Associates, representing prospective tenant, Blue Bottle Coffee, with respect to property located at 3366 Via Lido, and legally described as Parcel 2 of Resubdivision No. 433, being the N.W.’ly 20 feet of Lots 7, Lots 8 thru 14 inclusive, and the S.E.’ly 40’ of Lot 15 of Tract No. 1622, as shown on the map recorded in Book 47, Page 39 of Miscellaneous Maps, records of Orange County, California. 2. The applicant proposes a minor use permit to allow a 1,372-gross-square-foot coffee shop (take-out service, limited) to operate in the ground floor of an existing 15,798- square-foot office building. The project includes tenant improvements to create a 502- square-foot net public area, which includes a waiting area and seating for six patrons. The proposed hours of operation are 7:00 a.m. to 7:00 p.m., daily. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application. In order to allow for future flexibility, a condition of approval is included allowing hours of operation between 7 a.m. and 10 p.m., daily. 3. The subject property is designated MU-W2 (Mixed-Use Water Related) by the General Plan Land Use Element and is located within the MU-W2 (Mixed-Use Water Related) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related) and it is located within the MU-W2 (Mixed- Use Water Related) Coastal Zone District. The proposed coffee shop does not result in an increase in the parking rate and therefore is not considered a change or intensification of the existing use that would require a coastal development permit. 5. A public hearing was held on August 23, 2018, 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 hearing 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 hearing. Zoning Administrator Resolution No. ZA2018-100 Page 2 of 10 04-24-18 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. The project involves the conversion of a portion of an existing office tenant space (1,372 square feet) to a take-out service, limited, food service establishment. The scope of work thus complies with the thresholds identified under the Class 3 exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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 MU-W2 (Mixed-Use Water Related) which applies to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU-V designations. 2. The proposed establishment is a commercial use intended to serve nearby employees, residents, and visitors to the City of Newport Beach. The proposed take-out service limited land use is consistent with land uses permitted in the CM, CV, and MU-V designations. Therefore, the use is consistent with this land use category. 3. The proposed take-out service, limited, food service establishment would be complementary to the surrounding commercial and residential uses. Zoning Administrator Resolution No. ZA2018-100 Page 3 of 10 04-24-18 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 in the MU-W2 (Mixed-Use Water Related) Zoning district. This designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving, and residential dwelling units on the upper floors. 2. Take-out service, limited, food service establishments, are listed as a permitted use in the MU-W2 Zoning district; however, pursuant to Table 2-5 of Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) approval of a minor use permit is required due to its location within 500 feet of a residential zoning district. 3. The project site includes a 28-space on-site surface parking lot and a 33-space off-site parking lot at 516 32nd Street that are owned in common. The Zoning Code requires a minimum of one off-street parking space for every 250 square feet of floor area for a take-out service, limited use. Similarly, the Zoning Code requires a minimum of one off- street parking space for every 250 square feet of floor area for office uses. A total of 60 parking spaces are required for the office tenant and coffee shop where 61 parking spaces are provided for the subject property. No intensification or enlargement is proposed; therefore, 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, food service use classification, which includes a maximum of six seats with no alcohol service. 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 establishment within an existing office building will be accessible from Via Lido, which provides convenient access for motorists, pedestrians, and bicyclists. 2. The proposed establishment is compatible with the existing and allowed uses in the area, which consist of retail commercial, office, and multi-family residential developments. Zoning Administrator Resolution No. ZA2018-100 Page 4 of 10 04-24-18 3. A mixed-use development (retail/office and residential units) is located to the west of the property and multi-family residential uses are located to the east and south. As conditioned, the allowed hours of operation will be 7:00 a.m. to 10:00 p.m., daily, which will minimize any disturbance to residences near the property. 4. The proposed coffee shop will share an existing trash enclosure at the front of the property that is surrounded by three walls and a self-latching gate. It is conveniently located where materials can be deposited and collected, and does not impede with parking spaces. 5. Based on the operational characteristics and parking rate of the proposed business, Public Works considers the proposed use a coffee shop that will not require a traffic study. 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 28-space on-site parking lot and 33-space off-site parking lot at 516 32nd Street that serve the site provide adequate parking for patrons. 2. The Fire Department reviewed the project and site to ensure adequate public and emergency vehicle access is provided. The project is conditioned to provide adequate access through the access gates to the on-site surface parking lot. The approval includes a condition requiring the surface lot gates to remain open for customer access during business hours. 3. The Building Division has reviewed the project and suggests several conditions of approval for design modifications to the tenant improvement plan to ensure adequate ADA accessibility is available for all uses on-site. 4. Any proposed site and tenant improvements must comply with the Zoning Code and all Building, Public Works, and Fire Codes for permits to be issued. 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. Zoning Administrator Resolution No. ZA2018-100 Page 5 of 10 04-24-18 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 proposed take-out service, limited, eating and drinking establishment will add additional take-out options to the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to employees, residents, and visitors. 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. 4. The proposed use includes limited hours, no alcohol service is proposed, and there is no increased parking demand. Based upon the Zoning Code requirements, the proposed use will not result in a detriment to the existing office building or surrounding community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-009 (PA2018-158), 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 23RD DAY OF AUGUST, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-100 Page 6 of 10 04-24-18 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan and floor plans 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. 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. 4. 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 conditional use permit, coastal development permit, and/or traffic study. 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. 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. 7. 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. 8. The hours of operation for the establishment shall be limited to 7:00 a.m. through 10:00 p.m., daily. 9. The sale of alcohol shall not be permitted. 10. The maximum number of seats allowed in the eating and drinking establishment shall be six (6). No outdoor seating is permitted without further review and may require a Conditional Use Permit. 11. The net public area shall be limited to 502 square feet and the gross floor area dedicated to the coffee shop shall be limited to 1,372 square feet. Prior to the issuance of building Zoning Administrator Resolution No. ZA2018-100 Page 7 of 10 04-24-18 permits, the net public area accessible to the public shall be clearly delineated by the physical improvements (such as the use of a different floor finish material) on the tenant improvement plans to the satisfaction of the Community Development Director. 12. A minimum of 60 parking spaces shall be maintained to serve the coffee shop and office uses on-site between 3366 Via Lido and 516 32nd Street parking areas. 13. Employees of the coffee shop shall park in the off-site parking lot located at 516 32nd Street. 14. The gates to the surface parking lot shall remain open during business hours for patron access. 15. 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. 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. 16. A washout area (3 feet by 3 feet by 6 feet) for the restaurant trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains. 17. 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. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (minimum 96 square feet, 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. 19. Trash bins shall have a lid, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. Additionally, the operator must monitor all trash receptacles, having them emptied, maintained, and cleaned when necessary as to control odors and any nuisances. 20. 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). Zoning Administrator Resolution No. ZA2018-100 Page 8 of 10 04-24-18 21. 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. 22. 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. 23. 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. 24. 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 Blue Bottle Coffee Minor Use Permit including, but not limited to, Minor Use Permit No. UP2018-009 (PA2018-158). 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 25. Prior to the issuance of building permits for site improvements, the gate across the access to the surface parking lot must comply with the Newport Beach Fire Department Guideline C.01. The Guideline requires the minimum width of any gate or opening required as a point of access to provide a minimum 14-foot unobstructed width. The minimum width may be increased depending on the length of the approach. Where gates are electronically operated, an approved key switch and an approved remote opening devise shall be installed and maintained in an operational condition at all times or the gate shall be locked in the open position until operational. Building Division Conditions 26. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Zoning Administrator Resolution No. ZA2018-100 Page 9 of 10 04-24-18 27. Prior to the issuance of building permits for tenant improvements, the project plans shall calculate the occupant load factor at 15 square feet per person or to the satisfaction of the Building Official. 28. Prior to the issuance of building permits for tenant improvements, the project plans shall reflect the accessible path of travel from accessible parking stalls and the public sidewalk to the area of remodel through the main building entrance shall be provided. The plans shall specify the slope and cross slope of the accessible path of travel, show all grade changes, ramps, and other elements along the path of travel, and indicate whether the elements comply with the current code for accessibility or not. Non-compliant elements shall be brought into compliance. 29. Prior to the issuance of building permits for tenant improvements, the project plans shall reflect accessible parking spaces shall be located so that persons with disabilities are not required to travel behind parking spaces other than to pass behind the parking space in which they parked (11B-502.7.1). 30. Prior to the issuance of building permits for tenant improvements, the project plans shall reflect common use of circulation paths within employee work areas and shall be on an accessible route with an aisle width of 36 inches if serving on elements on one side and 44 inches if serving elements on both sides (11B-203.9, 11B-403.5.1). 31. Prior to the issuance of building permits for tenant improvements, the project plans shall i where dining surfaces are provided for consumption of food or drink. At least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with the built- in element requirements listed under Section 11B-902. In addition, where work surfaces are provided for use by anyone other than employees, at least 5 percent shall comply with Section 11B-902 (11B-226.1). 32. Prior to the issuance of building permits for tenant improvements, the project plans shall demonstrate how dining surfaces comply with Section 11B-902 and shall provide a clear floor space per Section (11B-305) positioned for forward approach, dispersed throughout the space of facility containing dining surfaces for each type of seating in a functional area (11B-226.2). 33. Prior to the issuance of building permits for tenant improvements, the project shall identify if food or drink is served for consumption at a counter exceeding 34 inches in height or, a portion of the main counter 60 inches in length shall be provided in compliance with Section 11B-902.3 (11B-226.3). 34. Prior to issuance of building permits, the project plans shall identify that the building will be protected with automatic fire sprinklers and/or a fire alarm system to the satisfaction of the Building Division. 35. 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. Zoning Administrator Resolution No. ZA2018-100 Page 10 of 10 04-24-18 36. The construction plans must meet all applicable State Disabilities Access requirements.