HomeMy WebLinkAboutPA2021-297_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
Reference No. PA2021-297
January 26, 2022
Attn: Samuel Broyles
1300 S. Meridian Ave., Ste. 400
Oklahoma City, OK 73108
RE: 1000 – 1150 Irvine Avenue, Newport Beach, CA 92660
Dear Mr. Broyles:
The properties referenced above are located within the CN (Commercial
Neighborhood) Zoning District. The Land Use Element of the General Plan
designates the site as CN (Neighborhood Commercial). The property is not located
within the Coastal Zone. This property is not a Planned Unit Development and is
not located in an overlay district.
For the properties to the north, the Zoning District is RM-6000 (Multiple-Unit
Residential), and the General Plan land use category is RM (Multiple Residential).
For the properties to the east, the Zoning District is RM-1500 (Multiple Residential),
and the General Plan land use category is RM (Multiple Residential). For the
properties to the south, the Zoning District is CG (Commercial General), and the
General Plan land use category is CG (General Commercial). For the properties
to the west, the properties are located within City of Costa Mesa jurisdiction and
are not zoned by the City of Newport Beach.
At the time building permits for the existing retail shopping center were issued in
1963, the building and parking requirements were in conformance with the
development standards of the City of Newport Beach Municipal Code. Refer to
copies of the original building permits, attached. If the subject property does not
comply with the current regulations, it is considered to be nonconforming and is
subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport
Beach Municipal Code.
Research of the permit and entitlement history of the property indicates the
discretionary applications listed below were reviewed by the City of Newport Beach
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Planning Division. Please contact the Planning Division for further details on any
discretionary application.
1000 – 1150 Irvine Avenue
• Modification Permit No. 3186 – approved on 07/22/1986 to allow two
double faced pole signs replacing two existing signs on a single lot. Also
included was a request to construct a monument sign on a contiguous lot
occupied by an automobile service station.
• Modification Permit No. MD2001-008 (PA2001-010) – approved on
02/27/2001 to allow the establishment of a sign program for an existing
shopping center.
• Use Permit No. UP2001-024 (PA2001-135) – approved on 08/03/2001 to
allow a temporary banner in excess of 90 days for the renovation of the
existing shopping center.
• Modification Permit No. MD2011-006 (PA2011-050) – approved on
06/15/2011 to amend a previously approved modification permit that
allowed the installation of a second freestanding sign (where the Zoning
Code limits the property to one) for project and tenant identification for
Westcliff Plaza, a commercial shopping center. The application includes a
request to increase the height, width, and area of the freestanding signs.
• Zoning Compliance Letter No. PA2012-048 – closed on 04/19/2012 to
create a Zoning Compliance Letter for the Westcliff Shopping Center,
located at 1000 to 1150 Irvine Avenue.
1000 Irvine Avenue
• Use Permit No. UP0947 – approved on 05/02/1963 to allow a service
station in the C-O-H zoning district.
• Use Permit No. UP1255 – approved on 04/06/1967 to allow the addition of
a fourth bay, storeroom and pump island covers and to relocated two
existing 6-foot identifications signs for an existing service station.
• Use Permit No. UP3193 – approved on 04/10/1986 to demolish the
existing service station and construct a new self-service gasoline service
station with car wash. A modification was also included to allow signs that
exceed the size and number permitted. The use permit was amended on
08/07/1986 to modify the approved site plan by relocating the proposed
car wash and reorienting circulation on-site. The use permit was amended
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a second time on October 22, 1998 to change the number and size of
signs on-site.
1040 Irvine Avenue
• Use Permit No. UP2012-022 (PA2012-130) – approved on 11/14/2012 to
allow a health and fitness facility that exceeds 2,000 square feet.
• Use Permit No. UP2020-149 (PA2020-253) – approved on 09/03/2020 to
allow a 2,100 square foot temporary outdoor workout area in response to
COVID-19.
1044 Irvine Avenue
• Use Permit No. UP2010-041 (PA2010-175) – approved on 01/20/2011 to
allow a dance and fitness studio for women and children.
1052 Irvine Avenue
• Use Permit No. UP2010-023 (PA2010-112) – approved on 09/21/2010 to
allow a massage establishment in an approximately 2,675-sqaure-foot
suite. The services offered include massage and accessory retail sales of
related products.
1058 Irvine Avenue
• Use Permit No. UP2010-012 (PA2010-076) – approved on 06/30/2010 to
allow a 1,300-sqaure-foot Pilates studio with a maximum of eight students
and one instructor.
1080 Irvine Avenue
• Use Permit No. UP3359 – approved on 09/07/1989 to allow a personal
training facility and accessory retail shop selling exercise and activewear
apparel.
1100 Irvine Avenue
• Modification Permit No. MD2428 – approved on 06/26/1979 to allow one
pilon sign in front of a new savings and loan office.
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• Staff Approval No. SA2001-016 (PA2001-235) – approved on 12/10/2001
for tenant signage at Westcliff Plaza consistent with Modification Permit
No. MD2001-008.
1104 Irvine Avenue
• Use Permit No. UP3445 – approved on 06/04/1992 for the establishment
of an outdoor restaurant with incidental interior dining and on-sale beer
and wine, and a waiver of a portion of the required off-street parking
spaces.
• Use Permit No. UP2009-042 (UP2009-166) – approved on 03/18/2010 for
an eating and drinking establishment that would supersede Use Permit
No. 3445 to allow a 774 gross-square-foot expansion, and outdoor dining
area, and a Type 47 (On-sale, General) ABC license.
1112 Irvine Avenue
• Use Permit No. UP3464 – approved on 11/05/1992 for a restaurant with
on-site and take-out food services with indoor and outdoor seating and on-
sale beer and wine.
1116 Irvine Avenue
• Use Permit No. UP2014-028 (PA2014-114) – approved on 08/14/2014 for
a new take-out service, limited eating and drinking establishment with no
late hours or the sale of alcoholic beverages.
1120 Irvine Avenue
• Use Permit No. UP3171 – originally approved on 10/24/1985 to allow a
take-out restaurant with incidental seating and a parking waiver for a
portion of the required off-street parking spaces. Amended on 04/23/1987
to allow four outside tables and two inside tables with two stools at the
counter. Amended a second time on 01/18/1996 to increase the allowed
interior seating capacity. Amended a third time on 04/18/1996 to add
incidental alcoholic beverage service.
• Planning Directors Use Permit No. UPD046 – approved on 11/09/1999 to
allow a full-service, small-scale eating and drinking facility with interior
seating for up to eight patrons with no sale of alcoholic beverages
proposed.
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• Planning Directors Use Permit No. UPD055 – approved on 02/16/2000 to
allow a full-service, small-scale eating and drinking facility with interior
seating for up to 15 patrons with no sale of alcoholic beverages proposed.
This Planning Directors Use Permit supersedes Planning Directors Use
Permit No. UPD046.
1124 Irvine Avenue
• Use Permit No. UP2006-022 (PA2006-195) – approved on 10/10/2006 to
allow a 780-square-foot take-out service, limited eating and drinking facility
that specializes in express food items, with seating or standup counter
space for a maximum of six patrons.
1126 Irvine Avenue
• Use Permit No. UP2011-031 (PA2011-186) – approved on 12/14/2011 to
allow a bakery with more than six seats.
• Use Permit No. UP2018-004 (PA2018-045) – approved on 04/26/2018 to
amend UP2011-031 to allow a Type 41 (On-Sale Beer and Wine) license to
an existing food service.
1128 Irvine Avenue
• Modification Permit No. MD3981 – approved on 03/24/1992 to allow a
specialty food use, parked at the retail rate.
• Use Permit No. UP2012-027 (PA2012-153) – approved on 12/12/2012 to
allow an increase of allowed seating from 12 to 24 seats within an existing
coffee house.
1130 Irvine Avenue
• Use Permit No. UP3190 – approved on 2/20/1986 to allow a take-out frozen
yogurt shop.
1132 Irvine Avenue
• Use Permit No. UP1529 – approved on 4/29/1971 to allow the sale of beer
and wine in combination with a restaurant located within 200 feet of a
residential district.
• Specialty Food Service Permit SF0055 – approved on 10/09/1996 to allow a
specialty food service facility specializing in coffee and sandwiches.
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1150 Irvine Avenue
• Modification Permit No. MD3943 – approved on 11/19/1991 to allow the
removal of an existing wall and the construction of a new screen wall and
retaining wall.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at 949-644-3235, ccurley@newportbeachca.gov.
Sincerely,
On behalf of Seimone Jurjis, PE, CBO, Community Development Director
By:
Enclosures:
Aerial Map
Original Building Permits
Modification Permit No. 3186
Modification Permit No. MD2001-008 (PA2001-010)
Use Permit No. UP2001-024 (PA2001-135)
Modification Permit No. MD2011-006 (PA2011-050)
Use Permit No. UP0947
Use Permit No. UP1255
Use Permit No. UP3193
Use Permit No. UP2012-022 (PA2012-130)
Use Permit No. UP2020-149 (PA2020-253)
Use Permit No. UP2010-041 (PA2010-175)
Use Permit No. UP2010-023 (PA2010-112)
Use Permit No. UP2010-012 (PA2010-076)
Use Permit No. UP3359
Modification Permit No. MD2428
Staff Approval No. SA2001-016 (PA2001-235)
Use Permit No. UP3445
Use Permit No. UP2009-042 (PA2009-166)
Use Permit No. UP3464
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Use Permit No. UP2014-028 (PA2014-114)
Use Permit No. UP3171
Planning Directors Use Permit No. UPD046
Planning Directors Use Permit No. UPD055
Use Permit No. UP2006-022 (PA2006-195)
Use Permit No. UP2011-031 (PA2011-186)
Use Permit No. UP2018-004 (PA2018-045)
Modification Permit No. MD3981
Use Permit No. UP2012-027 (PA2012-153)
Use Permit No. UP3190
Use Permit No. UP1529
Specialty Food Service Permit No. SF0055
Modification Permit No. MD3943
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
1/26/2022
0 400200
EW Pp
CITY OF NEWPORT BEACH
V Z P.O.BOX 1768,NEWPORT BEACH CA 92658-8915
Cq/FQpIN P PLANNING DEPARTMENT(949)644-3200
MODIFICATION PERMIT
February 27,2001
The Irvine Company
550 Newport Center Drive
Newport Beach,Ca 92660
Application No:PDA2001-010 for Modification Permit No.MD2001-008
Applicant: The Irvine Company
Address of Property Involved: 1000-1132 Irvine Avenue
Westcliff Plaza Shopping Center)
Legal Description: Lot Nos.1-17 of Tract 4824
Request as Modified and Approved.-
Establishment of a sign program for the existing shopping center. The program will include
multiple freestanding monument signs (three signs), wall signs (portions of which will extend
above the existing roof line) and projecting blade signs. The applicant requests relief from the
following:
1.) The number of freestanding signs to provide one additional shopping center identification sign
the service station sign is located on a separate parcel of land).
2.) The wall signs are to be the allowable area limitation of 1.5 square feet for each linear foot(IF)
of frontage of the tenant space plus an additional 0.25 square feet/LF for logo projections
which are permitted to exceed a maximum of 18 inches above the fascia) for a maximum
of 1.75 sq.ft./LF of frontage; and
3.) A portion of the wall sign logos to extend a maximum of 18 inches above the building fascia
where the Zoning Code limits wall signs to the top of roof or fascia whichever is less.
4.) Provide blade signs for each individual tenant to hang below the fascia/overhang, that extends
beyond the face of the building,with an area limitation of4.5 square feet.
5.) The overall sign program approval will allow one wall sign and one blade sign for each tenant
and additional identification for anchor tenants at each entrance on the two proposed
freestanding monument signs. The product signs mentioned in the original public notice
were deleted from the regeust and removed from consideration.
3300 Newport Boulevard, Newport.Beach
1
February 27, 2001
Page -2
Original Request.
Establishment of a sign program for the existing shopping center. The program will include
multiple freestanding monument signs(three signs), wall signs (portions ofwhich will extend above
the existing roofline)and projecting blade signs. The applicant requests relieffrom the following:
1.) The number offreestanding signs to provide one additional shopping center identification sign
the service station sign is located on a separate parcel ofland).
2.) The wall signs to exceed the allowable area limitation of 1.5 squarefeetfor each linearfoot of
frontage of the tenant space (up to 1.85 sgft.per linearfoot offrontage); and
3.) A portion of the wall sign logos to extend above the building fascia where the Zoning Code
limits wall signs to the top of roof orfascia whichever is less.
4.) Provide blade signs for each individual tenant that hang below the fascialoverhang that
extends beyond the face of the building where the Zoning Code limits the site to one
projecting,pole or freestanding sign per building site.
5.) The overall sign program will provide for a wall sign and a blade sign for each tenant and
additional identification for anchor tenants at each entrance on the two proposed
freestanding monument signs as well as additional products signs for the anchor tenants
such as the market).
To whom it may concern:
The Modifications Committee, on February 21, 2001, voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the following
conditions.
FINDINGS:
The Modifications Committee determined in this case that the proposal would not be detrimental to
persons, property or improvements in the neighborhood and that the modification as approved
would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code,
and made the following findings:
1. The Land Use Element of the General Plan designates the site for "Retail and Service
Commercial'. The existing shopping center is consistent with this designation. The
proposed signs are appurtenances to the primary retail uses in the shopping center.
2.This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 11
Accessory Structures).
February 27, 2001
Page-3
3.The modification to the Zoning Code as proposed would be consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property
that would be precluded by strict application of the zoning requirements for this District
for the following reason(s):
There is a reasonable need for the increased size and unique sign attributes (logos)
due to the size of the shopping center, the multiple number of tenants and the distance
of the parking lot from the tenant spaces.
4. The modifications to the Zoning Code as proposed will not be detrimental to persons,
property or improvements in the neighborhood or increase any detrimental effect of the
existing use for the following reason(s):
The project site location at the intersection of Irvine Avenue and Westcliff Drive and
the design and layout of the proposed signs will not result in any adverse impacts on
neighboring properties.
5. The signage as proposed will not affect the flow of air or light to adjoining residential
properties because:
The proposed signs are located on the street side of the project site facing the parking
lot and there are no residential uses that overlook the subject property that will be
negatively affected.
6. The proposed sign program will not reduce or obstruct views from adjoining residential
properties because:
There are no views from this location that are enjoyed by neighboring properties
through or across the subject property
CONDITIONS:
1. The development shall be in substantial conformance with the approved plot plan and
elevations except as noted in the following conditions.
2. Tenant wall signs shall be limited to 1.5 times the lineal footage (LF) of the individual
tenant space frontage (width) plus an additional 0.25 times the lineal footage for logo
projections for a maximum overall sign size of 1.75 per LF. Sign area shall be the area
enclosed by two sets of parallel lines around the whole sign, including logo.
February 27, 2001
Page-4
3. The maximum sign area permitted on the fascia of the building per tenant is 1.5 times the
linear footage of the individual tenant space frontage. The logos or portions of the logos
only are permitted to project a maximum of 18 inches above the building fascia. Sign
copy shall not extend above the building fascia.
4.One hanging blade sign is permitted per tenant with a maximum area of 4.5 square feet
sign and background, excluding any minor sign appendage or projection otherwise
approved by the Planning Department). Each blade sign shall have a minimum vertical
clearance of eight (8) feet above the ground.
5. The free standing signs are permitted as shown on the approved exhibits. Prior to the
issuance of a building permit their location shall be reviewed by the City Traffic Engineer
and shall conform to City Standard 110-L to ensure that adequate sight distance is
provided.
6. A building permit shall be obtained prior to commencement of the construction.
7. All work performed within the public right of way shall be reviewed and approved by the
Public Works Department under an encroachment permit/agreement if required.
7. This approval shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.93.055 of the Newport Beach Municipal Code.
The decision of the Committee may be appealed to the Planning Commission within 14 days of the
date of the decision. Any appeal filed shall be accompanied by a filing fee of$714.00. No building
permits may be issued until the appeal period has expired. A copy of the approval letter shall be
incorporated into the Building Department set of plans prior to issuance of the building permits or
issuance of revised plans.
MODIFICATIONS COMMITTEE
By 44c'
Javier S. Garcia, AIC , Senior Planner
Chairperson
JSG:gr
Attachments: Vicinity Map Cc:
February 27,2001
Page- 5
Anne Driesenga
Madison&Marquette
5 Jenner
Suite 200
Irvine, CA 92618
Appeared
in Opposition: None
Appeared
in Support: None
RESOLUTION NO. ZA2012 -043
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -022 FOR A HEALTH AND FITNESS FACILITY
LOCATED AT 1040 IRVINE AVENUE (PA2012 -130)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Orange Theory Fitness, with respect to property located at
1040 Irvine Avenue, and legally described as Lot 11 of Tract 4824, requesting approval
of a minor use permit.
2. A minor use permit to allow a 2,915- square -foot health and fitness facility, Orange
Theory Fitness, in a currently vacant tenant space within the Westcliff Plaza Shopping
Center. The facility would have a maximum of 24 students and four instructors.
Required parking is provided within the shopping center at a rate of one parking space
per 200 square feet of gross floor area. The facility utilizes a mix of treadmills, rowing
machines, benches, free weights, and suspension unit training within the tenant space.
Both private and group fitness sessions will be available to patrons of the facility and
the proposed hours of operation are from 5:00 a.m. to 10:00 p.m., Monday through
Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
3. The subject property is located within the CN (Commercial Neighborhood) Zoning District
and the General Plan Land Use Element category is CN (Neighborhood Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 14, 2012 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. 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 under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. This exemption allows for the operation, repair, maintenance and minor alteration of
existing buildings. The proposed business is located within an existing building where
only minor interior alterations are required to accommodate the new use.
Zoning Administrator Resolution No. ZA2012 -043
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F(Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a use permit 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 CN (Neighborhood Commercial).
The CN designation is intended to provide for a range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The Neighborhood
Commercial (CN) designation of the General Plan allows health and fitness facilities.
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 site is located in the CN (Commercial Neighborhood) Zoning District. The CN
zoning district is intended to provide for areas appropriate for a range of retail and
service uses developed in one or more distinct centers oriented to serve primarily the
needs of and maintain compatibility with residential uses in the immediate area. The
proposed health and fitness facility is consistent with land uses permitted by the CN
Zoning District.
2. The proposed use will comply with all applicable development and parking standards.
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. Retail uses such as health and fitness facilities are common in the vicinity along
Westcliff Drive and serve visitors and residents. The establishment is compatible with
the land uses permitted within the surrounding neighborhood.
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Zoning Administrator Resolution No. ZA2012 -043
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2. The proposed use is located within the Westcliff Plaza Shopping Center. A Hallmark
card store operated in this location between 1985 and 2010 and the tenant space has
since been vacant.
3. The Westcliff Plaza Shopping Center abuts residential land uses to the north and east;
however, the project site is located along the eastern edge of the shopping center and
is separated from these and other uses by parking lots, roadways and other
commercial uses.
4. The surrounding commercial uses along Irvine Avenue and Westcliff Drive contain
various retail and visitor commercial uses. The proposed health and fitness facility is
compatible with the existing and permitted uses in the vicinity
5. The project has been reviewed for compliance with the parking requirements and
landscaping standards as provided in Section 20.40.070 (Development Standards for
Parking Areas).
6. The hours of operation for the health and fitness facility will be from 5:00 a.m. to 10:00
p.m., Monday through Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
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. Adequate circulation and code required parking are provided within the Westcliff Plaza
Shopping Center to accommodate the existing and proposed uses. The shopping
center is currently developed with 107,895 square feet total gross floor area and 553
parking spaces are currently provided on site. The number of total parking required for
the shopping center, based on the general commercial rate of one parking space per
250 square feet, is 446 parking spaces (107,895/250 = 432 spaces). Several of the
existing uses on the property have additional parking requirements. The requirement
for the shopping center, including the proposed use (15 spaces) is 522 parking spaces
where 553 spaces are provided.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided.
3. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
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Zoning Administrator Resolution No. ZA2012 -043
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, a 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.
2. The proposed use and hours of operation are compatible with existing uses within the
Westcliff Plaza Shopping Center.
3. A health and fitness facility is a common retail use that can be expected within
retail /commercial shopping centers such as the Westcliff Plaza Shopping Center.
4. The proposed health and fitness facility will serve the surrounding residential
community. This will revitalize the project site and provide an economic opportunity for
the property owner to update the retail tenants and services, which best serve the
quality of life for the surrounding residential 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. UP2012 -022 (PA2012 -130), 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 days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2012.
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Zoning Administrator Resolution No. ZA2012 -043
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. Minor Use Permit No. UP2012 -022 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, or
an extension is otherwise granted.
2. The Zoning Administrator may add to or modify conditions of approval to this Minor Use
Permit or revoke this Minor Use Permit upon a determination that the operation, which is the
subject of this Minor Use Permit, causes injury, or is detrimental to the health, safety, peace,
comfort, or general welfare of the community.
3. The project shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated October 12, 2012.
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 new use permit.
5. 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.
6. The project and all tenant improvements must comply with the most recent, City- adopted
version of the California Building Code.
7. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use will be cause for revocation of this Permit.
8. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this health and fitness facility that would attract large
crowds, include any form of on -site media broadcast, or any other activities as specified in
the Newport Beach Municipal Code to require such permits.
9. All signs on the subject property shall be in conformance with the conditions of approval
for the Comprehensive Sign Program as approved per Modification Permit No. MD2001-
008 (PA2001 -010), Modification Permit No. MD2011 -006 (PA2011 -050), and the
provisions of Chapter 20.67 of the Newport Beach Municipal Code.
10.The use shall be limited to a maximum of four instructors and 24 students at any time
during the business hours 5:00 a.m, to 10:00 p.m., daily.
11.The doors and windows shall remain closed at all times that the facility is open for
business.
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Zoning Administrator Resolution No. ZA2012 -043
Page 6 of 7
12.The operator of the facility shall be responsible for the control of noise generated on the
subject facility. Pre - recorded music may be played in the tenant space, provided exterior
noise levels do not exceed the provisions of Chapter 10.26 of the Newport Beach
Municipal Code.
13. Prior to implementation of the proposed operation, the applicant shall install noise - abating
material to both the interior walls and ceiling of the tenant space which abuts any
neighboring tenant space that may be adversely impacted by daytime operations of the
facility. The proposed material shall be reviewed and approved by both the Planning and
Building Departments for installation requirements.
14.Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in the 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 Planning Director's Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
15.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 Orange Theory Fitness Minor Use Permit including, but not limited to, Minor
Use Permit No. UP2012 -022 (PA2012 -130). 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 Conditions
16. 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 Conditions
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Zoning Administrator Resolution No. ZA2012 -043
Page 7 of 7
17. County Sanitation District fees shall be paid prior to the issuance of any building permits.
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Westcliff Shopping Center - Orange Theory Fitness ETUP
(PA2020-253)
▪ Emergency Temporary Use Permit No. UP2020-149
Site Location 1040 Irvine Avenue
Applicant Chelsea Gastonguay of Orange Theory Fitness
Property Owner The Irvine Company LLC
On September 3, 2020 the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-149. This approval is based on the following findings
and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit to allow the creation of a 2,100-square-foot outdoor
workout area for up to 24 participants at a time within the parking lot of the Westcliff
Shopping Center. The workout area will occupy twenty (20) parking spaces and the
applicant will restripe two additional parking spaces to provide one ADA parking stall
adjacent to the fitness area.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New
Construction or Conversion of Small Structures), and Class 4 (Minor Alterations of Land Use
Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an
emergency. The Class 1 exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or
similar structure not involving the use of significant amounts of hazardous substances, not
exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized
areas zoned for such use. The Class 4 exemption includes minor temporary use of land
having negligible or no permanent effects on the environment, including carnivals, sales of
Christmas trees, etc. The project includes a 2,100-square-foot outdoor workout area
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expansion within an existing shopping center parking lot and is within the parameters noted
for these exemptions and will not have a significant effect on the environment. The fitness
area is temporary in nature and use of the existing parking area is anticipated to have
negligible or no permanent effects on the environment. There are no known exceptions
listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005;
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing;
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines;
4. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow.
6. The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP2012-022 (5:00 a.m. to 10:00 p.m., daily);
7. The overall plan includes appropriate delineation of outdoor use spaces with the use
of a temporary physical barriers or markers;
8. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA);
IV. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
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separate review and may necessitate separate authorization from the Director. The
outdoor workout area shall be in substantial conformance with the site plan provided
in Attachment No. CD 2.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. The expanded outdoor workout area shall not exceed 2,100 square feet for up to 24
participants.
4. The existing allowed hours of operation of the establishment shall not be extended.
The hours of operation of the area modified as part of this Emergency Temporary
Use Permit shall not extend beyond 9 p.m.
5. The use of amplified sound within the temporary area shall be prohibited.
6. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines (COVID-19
Industry Guidance: Fitness Facilities)
7. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises.
Building
8. The applicant shall restripe two (2) adjacent parking stalls to provide one (1) ADA
accessible stall.
9. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when on-site
parking is provided.
d. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
10. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
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Fire
11. Covered areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (2 or more walls) and/or canopies
larger than 700 square feet (no walls or one wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• Exit doors are not to be blocked and are to remain accessible as exits while
the tent is occupied.
• All interior decorative fabrics or materials shall be flame resistant.
Provide Certificates of Flame Resistance.
• If Propane is used, a permit is required: Cooking and heating
equipment shall not be located within 10 feet of exits or combustible
materials.
• LPG containers shall be located outside and be adequately protected
and secured, and a permit will be required. Open flame or other
devices emitting flame, such as candles, are not permitted inside or
within 20 feet of the tent, canopy, or temporary membrane structure.
• Tents and canopies shall have the State Fire Marshall tag indicating
fire resistance.
• Tents and canopies shall be designed and installed to withstand the
elements of the weather and prevent collapsing through weights and
ground anchorage.
12. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
13. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
14. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
15. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
16. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
Public Works
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17. The Applicant shall install and maintain a substantial physical barrier (water-filled
traffic barrier) between any area used and adjacent to any street, driveway or parking
area.
18. There shall be a minimum of 5 feet of space around all overhead facilities, such
as poles, and 15 feet of space around all underground facilities, such as vault
lids, manholes, vent pipes, pad-mounted transformers, etc.
19. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
20. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
21. Expanded fitnesss areas shall adhere to the SCE clearance decal examples
provided in Attachment No. CD 3.
22. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
23. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
24. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the Applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
25. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
26. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
27. 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 this
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Emergency Temporary Use Permit for Orange Theory Fitness. 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.
V.APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director.
MKN/jp
Attachments: CD 1 Filed Application
CD 2 Site Plan Layout
CD 3 SCE Project Decals
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Insert applicant name and title
Signature Date
DocuSign Envelope ID: 633F0D60-54C0-48F2-8088-65A9457F2A30
9/8/2020
Chelsea Gastonguay Regional Marketing Manager
RESOLUTION NO. 1803
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2009 -042 AND OUTDOOR DINING PERMIT NO. OD2010 -002
FOR A FULL-SERVICE, HIGH - TURNOVER EATING AND
DRINKING ESTABLISHMENT WITH A TYPE 47 ABC LICENSE
LOCATED AT 1104 IRVINE AVENUE (PA2009 -166)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Liam Carrol, with respect to property located at 1104 Irvine
Avenue, and legally described as Lot 6 of Tract 4824 requesting approval of a use
permit, outdoor dining permit and Alcoholic Beverage Control (ABC) License.
2. The applicant proposes a use permit for an eating and drinking establishment
restaurant) that would supersede Use Permit No. 3445 and allow for the following: 1)
A 774 - gross- square -foot expansion, including 567 square feet of net public area (NPA)
for the purpose of providing additional dining and bar area; and 2) An outdoor dining
permit that would allow accessory outdoor dining NPA equal to 25 percent of the
indoor NPA; and 3) Introduction of a Type 47 (On -Sale General — Eating Place)
Alcoholic Beverage Control (ABC) license.
3. The subject property is located within the Retail Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Neighborhood Commercial
CN).
4. The subject property not located within the coastal zone.
5. A public hearing was held on March 18, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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 Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is covered by the general rule that the California Environmental Quality Act
CEQA) applies only to projects that have the potential for causing a significant effect on the
environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that
there is no possibility that this activity will have a significant effect on the environment.
Therefore, this activity is not subject to CEQA.
Planning Commission Resolution No. 1803
Page 2 of 10
1. This project has been determined to be categorically exempt under the
requirements of the California Environmental Quality Act under Class 3 (New
Construction or Conversion of Small Structures)
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.89.030 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. Whether the use serves public convenience or necessity.
Facts in Support of Finding:
A -1. The applicant requests a Type 47 ABC license to allow the service of beer, wine and
distilled spirits, which is common for a full- service, high turnover restaurant. This would
be the only restaurant on site serving alcoholic beverages if the ABC license at 1112
Irvine Avenue is relinquished.
Finding:
B. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Facts in Support of Finding:
B -1. The project site is located in Reporting District (RD) 28, which is located between
Irvine Avenue, Dover Drive and Westcliff Drive. See Attachment No. PC 3 for a map of
all Reporting Districts in the City, including the location of RD 28 and the two adjacent
reporting districts RD 25 and RD 26, which comprise similar commercial and
residential uses, and are used for a comparison within this report.
During the 2008 calendar year, there were 6,779 crimes reported citywide. RD 28 had
a total of 298 reported crimes as compared to the citywide average of 178 reported
crimes. This equates to 120 crimes more, or 67.42 percent above the citywide
average. The project site is located in a shopping center on Irvine Avenue, which
experiences a heavy influx of people on weekends and holidays. This may contribute
to the higher than average crime rate in this area.
The chart below provides data for crimes reported citywide, in RD 28 and the two
adjacent reporting districts, RD 25 and RD 26:
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Planning Commission Resolution No. 1803
Paqe 3 of 10
Reporting District Part One Crimes
Serious Offences
Part Two Crimes
All Other Offences
Part One Crimes
Rate (per 100,000
people)
Newport Beach 2,889 3,890 3,430.38
RD 28 155 99 5,749.26
RD 25 108 111 3,901.73
RD 26 104 50 3,923.05
Finding:
C. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
Facts in Support of Finding:
C -1. The chart below provides data for the number of active ABC licenses and per capita
ratio of active licenses for every resident in RD 28 and the two adjacent reporting
districts, RD 25 and RD 26:
Reporting District No. of Active ABC License Per Capita Ratio
RD 28 6 449 residents
RD 25 20 138 residents
RD 26 15 177 residents
Orange County 4,805 592 residents
There are 6 active ABC licenses in RD 28, or a per capita ratio of 1 license for every
449 residents. This is lower than RD 25 and RD 26, which contain similar commercial
and residential land uses. The Orange County average is 1 license for every 592
residents.
Finding:
D. The number of alcohol- related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
Facts in Support of Finding:
D -1. The chart below reflects crime data for the 2008 Calendar Year. There were 17 drunk
in public (DUI) arrests and 27 "plain drunk" arrests (44 total) in RD 28. There were
1,680 DUI /Drunk arrests for the entire City. This accounts for 2.62 percent of the
DUI /Drunk arrests made in the City. The Police Department supports the proposed
ABC Type 47 license with the proposed hours of operation.
Reporting District DUI/Drunk Arrests Total Arrests Calls for Service
RD 28 44 130 2,582
RD 25 45 111 2,952
RD 26 36 94 2,421
Newport Beach 1,680 3,595 68,886
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Planning Commission Resolution No. 1803
Page 4 of 10
Finding:
E. The proximity of the alcoholic beverage outlet to residential districts, day care centers,
park and recreation facilities, places of religious assembly, and schools.
Facts in Support of Finding:
E -1. There are no schools, day care centers, or places of religious assembly near the
project site. There are residential uses adjacent on the north and east sides of the
property. However, the restaurant is oriented toward the south in a manner such that
activity is shielded by the buildings from residential uses in the rear and sides of the
commercial center.
In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
F. That the proposed location of the use is in accordance with the objectives of this code
and the purposes of the district in which the site is located.
Facts in Support of Finding:
F -1 The existing restaurant is located in the RSC Zoning District, which is intended to
provide areas that are predominantly retail in character. Restaurants are a retail
service use and are permitted within this designation subject to the approval of a use
permit.
The proposed project consists of an expansion to a previous restaurant operation and
a Type 47 ABC license, which is consistent with the Retail Service Commercial (RSC)
Zoning District.
Finding:
G. That the proposed location of the use permit and the proposed conditions under which
it would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties
or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
G -1 Restaurants are consistent with the Neighborhood Commercial land use designation of
the General Plan, which is intended to provide for a limited range of retail and service
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Planning Commission Resolution No. 1803
Paae 5 of 10
uses developed in one or more distinct centers oriented to primarily serve the needs of
residents in the immediate area.
The proposed expansion would not be detrimental to the public health, safety, peace,
morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood; and would not be detrimental to the properties or improvements in the
vicinity or to the general welfare of the City for the following reasons:
No dancing, live entertainment or pool tables will be permitted or provided on
the premises. These types of uses require City Manager's approval.
The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages and the hours of operations ensure
compatibility with the surrounding uses.
Finding:
H. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding:
H -1 Restaurants are a permitted use in the RSC Zoning District, subject to approval of a
use permit. The project substantially conforms to the development standards of the
Zoning Code and will not be detrimental to the adjoining properties. The project
includes conditions to ensure that potential conflicts are minimized to the greatest
extent possible.
Finding:
1. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan
Districts, the use is consistent with the purposes specified in Chapter 20.91A and
conforms to all requirements of that Chapter.
Facts in Support of Finding:
1 -1 The project is not located within a residential district; therefore, this finding does not
apply.
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Planning Commission Resolution No. 1803
Page 6 of 10
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves PA2009 -166,
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 days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. This resolution supersedes Use Permit No. 3445, which upon vesting of the rights
authorized by this [application], shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH, 2010.
AYES: Eaton, Unsworth, Hawkins, McDaniel, and Toerge
NOES: None
EXCUSED: Peotter, and Hillgren
BY: —9w I
Robert Ha'Ans, Chalrnpan
rl
BY:
Charles Unsworth, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Project - specific conditions are in italics)
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 as
amended at the hearing. (Except as modified by applicable conditions of approval.)
2. Use Permit No. 2009 -042 and Outdoor Dining Permit No. 2010 -002 shall expire unless
exercised within 24 months from the date of approval as specified in Section 20.91.050
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. Approval does not permit the premises to operate as a bar, tavem, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code, unless the Planning
Commission first approves a use permit.
4. The hours of operation for the restaurant shall be 11:00 a.m. to 10:00 p.m., Sunday
through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. The outdoor
dining area shall close every night by 10:00 p.m.
5. No 'happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu.
There shall be no reduced price alcoholic beverage promotion after 9 p.m.
6. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
The quarterly gross sales of alcoholic beverages shall not exceed 20 percent the gross
sales of food during the same period. The licensee shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less frequently than
on a quarterly basis and shall be made available to the Police Department on demand.
8. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverage, without first obtaining an approved special event permit
issued by the City of Newport Beach.
9. There shall be no live entertainment allowed on the premises
10. There shall be no dancing allowed on the premises.
11. No games or contests requiring or involving the consumption of alcoholic beverages shall
be permitted.
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Paqe 8 of 10
12. Food service from the regular menu must be available to patrons up to 30 minutes before
the scheduled closing time.
13. Strict adherence to the maximum occupancy limits is required.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15. 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.
16. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
17. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine 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.
18. 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.
19. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
20. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Planning Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Planning Director
may order the dimming of light sources or other remediation upon finding that the site
is excessively illuminated.
21. 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:
Tmph: 01114/10
Planning Commission Resolution No. 1803
Paae 9 of 10
22. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
23. 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.
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise 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.
25. No outside paging system shall be utilized in conjunction with this establishment.
26. 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.
27. 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.
28. 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.
29. 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
Department. 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).
Tmpll: 01 114!10
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property
45dBA 60dBA 45dBA 5OdBA
Mixed Use Property 45dBA 60dBA 45dBA 5OdBA
Commercial Property NIA 65dBA NIA 60dBA
22. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
23. 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.
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise 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.
25. No outside paging system shall be utilized in conjunction with this establishment.
26. 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.
27. 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.
28. 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.
29. 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
Department. 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).
Tmpll: 01 114!10
Planning Commission Resolution No. 1803
Page 10 of 10
30. 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 Planning Director,
and may require an amendment to this Use Permit.
31. 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.
32. 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.
33. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. 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.
Tmpll; 01/14110
RESOLUTION NO. ZA2014-030
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-028 FOR A TAKE-OUT SERVICE LIMITED, EATING
AND DRINKING ESTABLISHMENT LOCATED AT 1116 IRVINE
AVENUE (PA2014-114)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pirzadeh and Associates, Inc., with respect to property
located at 1116 Irvine Avenue, and legally described as a portion of Lot 5 in Tract No.
4824 requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow the operation of a take-out service
limited, eating and drinking establishment within the Westcliff Plaza shopping center.
No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the
application, and parking for the use will be provided in the shared shopping center
parking lot.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Neighborhood Commercial (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 14, 2014, 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.
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 previous retail use to a take-out service limited, eating and drinking
establishment and involves no expansion in floor area or change in parking
requirement.
Zoning Administrator Resolution No. ZA2014-030
Page 2 of 7
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 Neighborhood Commercial (CN) which is
intended to provide for a limited range of retail and service uses developed in one or
more distinct centers oriented to primarily serve the needs of and maintain
compatibility with residential uses in the immediate area.
2. The proposed establishment will occupy a tenant space within the Westcliff Plaza
shopping center 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 CN designation.
3. A variety of eating and drinking establishments exist within the shopping center and
the proposed take-out service would be complementary to the surrounding commercial
and residential 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 Neighborhood (CN) Zoning District. The
proposed establishment which includes kitchen facilities, no seating, 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 for the proposed establishment is provided within the shared shopping center
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 the
previous retail tenant, and does not necessitate additional parking on site.
Zoning Administrator Resolution No. ZA2014-030
Page 3of7
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 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 shopping center accessible from three streets (Irvine
Avenue, Westcliff Drive, and Rutland Road), which provides convenient access to
motorists, pedestrians, and bicyclists.
2. The shopping center contains various retail, and visitor-serving commercial uses
including eating and drinking establishments. 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 at the rear of the property 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. Proposed site improvements will comply with the Zoning Code and all Building, Public
Works, and Fire Codes.
Zoning Administrator Resolution No. ZA2014-030
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 take-out service limited, eating and drinking establishment will occupy property
within an existing shopping center 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. UP2014-028, 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 14TH DAY OF AUGUST, 2014.
By:
h
re d Wisneski,All P,Zoning AdministYator
Zoning Administrator Resolution No. ZA2014-030
Page 5 of 7
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) seats 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. 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.
10. Approval from the Orange County Health Department is required prior to the issuance
of a building permit.
11. 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.
Zoning Administrator Resolution No. ZA2014-030
Page 6 of 7
12. 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 50dBAfeetofacommercialproperty
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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. 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.
15. 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.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. 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.
18. A gate shall be installed to enclose the existing trash enclosure and shall be locked when
not in use.
19. The applicant is required to provide a decorative solid roof above the trash enclosure
for aesthetic and screening purposes.
20. 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.
Zoning Administrator Resolution No. ZA2014-030
Page 7 of 7
21. 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.
22. 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).
23. 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.
24. 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.
25. 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.
26. 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.
27. 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 Pressed Juicery including, but not limited to,
UP2014-028 (PA2014-114). 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.
RESOLUTION NO. ZA 2011 -001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING MINOR USE PERMIT
NO. UP2011 -031 FOR PANDOR BAKERY, A FOOD SERVICE,
EATING AND DRINKING ESTABLISHMENT LOCATED AT 1126
IRVINE AVENUE (PA2011 -186)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tiffany Sepetjian, Pandor Bakery, with respect to property
located at 1126 Irvine Avenue, and legally described as Tract 4824, Lot 3 requesting
approval of a minor use permit.
2. The applicant proposes a minor use permit to convert 1,940 square feet of currently
vacant retail space to a food service, eating and drinking establishment, which will have a
net public area of 804 square feet and provide seating for a maximum of 30 customers.
The establishment will be located within the Westcliff Plaza Shopping Center and the
hours of operation will be between 7:00 a.m. and 11:00 p.m., daily.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Commercial Neighborhood (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 14, 2011 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. 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 Adminstrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
convert currently vacant retail space to a food service, eating and drinking
establishment. The existing space will be remodeled with approval of a tenant
improvement building permit.
Zoning Administrator Resolution No. 001
Page 2 of 11
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a use permit are set forth:
Findinq
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 CN (Neighborhood
Commercial), which is intended to provide for areas appropriate for a limited
range of retail and service uses developed in one or more distinct centers
oriented to serve primarily the needs of and maintain compatibility with
residential uses in the immediate area. The proposed project is a food service,
eating and drinking establishment to be located within the Westcliff Plaza
shopping center (northeast corner of Irvine Avenue and Westcliff Drive). This
use is consistent with the General Plan Neighborhood Commercial (CN) land
use designation, which allows food service, eating and drinking establishments
as a commercial use.
2. This type of use is permitted in the Commercial Neighborhood (CN) land use
designation, subject to approval of a minor use permit. The proposed
establishment is located within the Westcliff Plaza shopping center and will be
compatible with existing and future permitted land uses within the area.
3. The subject property is not part of a specific plan area.
Findinq
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 site is located within the Commercial Neighborhood (CN) Zoning District of
the Newport Beach Zoning Code. The intent of this district is to provide for
areas appropriate for a limited range of retail and service uses developed in one
or more distinct centers oriented to serve primarily the needs of and maintain
compatibility with residential uses in the immediate area. The proposed food
service; eating and drinking establishment is consistent with the land uses
permitted within this zoning district.
Tmplt: 03108/11
Zoning Administrator Resolution No. 001
Page 3 of 11
2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit,
because it is located within 500 feet of the residential zoning district located
northeast of the subject site.
3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of
approval are included in this approval to maintain those requirements.
4. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes
criteria to determine the parking requirements for uses from 1 parking space for
every 30 -50 square feet of net public area. The proposed project has a net
public area of 804 square feet and has seating for a maximum of 30 customers.
The establishment is located within the Westcliff Plaza shopping center. Staff
determined that one (1) space for every 40 square feet of net public area is a
reasonable number to require for the proposed use, given the project
characteristics, parking supply, and mix of existing tenants located within the
shopping center. Based on the net public area of the proposed establishment, a
total of 21 parking spaces will be required (804/40 = 20.1 = 21). The Westcliff
Plaza shopping center site has surplus parking spaces available to provide the
parking spaces required to accommodate this parking rate and the proposed
use.
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 involves interior alterations to convert currently vacant
retail space within the Westcliff Plaza shopping center to a food service, eating
and drinking establishment. The shopping center will still provide a surplus of
parking spaces.
2. The proposed use will provide French bakery products for retail sale and
provide seating for a maximum of 30 customers. The operational characteristics
of the use are that of a food service, eating and drinking establishment, which is
a typical use in these types of shopping centers.
3. The hours of operation of the establishment will be between 7:00 a.m. and 11:00
p.m., daily.
4. The proposed establishment will be located within a shopping center in a
nonresidential zoning district. Although it is located less 500 feet of a residential
district directly to the northeast (within approximately 100 feet), it is not facing
the residential properties and is separated from them by a block wall,
Tmplt: 03/08/11
Zoning Administrator Resolution No. 001
Page 4 of 11
landscaped area, and parking lot. The separation provides screening and
protection from view and any noise generated by the establishment. The
applicant is also required to control trash and litter around the subject property.
5. 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.
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 building and parking lot within the Westcliff Plaza shopping center
have functioned satisfactorily with the current configuration. The proposed
project, which includes interior alterations to convert currently vacant retail
space to a food service, eating and drinking establishment will not negatively
affect emergency access. The design, size, location, and operating
characteristics of the use are compatible with the existing uses within the
shopping center and the surrounding area.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided within the Westcliff Plaza shopping center and the surrounding
area.
3. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval
will be complied with.
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, a 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 this approval includes conditions 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
Tmpll: 03/08111
Zoning Administrator Resolution No. 001
Page 5 of 11
adjacent properties during business hours, if directly related to the patrons of the
establishment.
2 The restrictions on seating and net public area prevent adverse traffic impacts for
the surrounding residential and commercial uses.
3. 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 in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2011 -031, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 644 -3200,
PAS .WD, APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 2011.
la
CP, Zoning Administrator
Tmplt: 03/08/11
Zoning Administrator Resolution No. 001
Page 6 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
Project- specific conditions are in italics)
Planning Division Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plan(s) and building elevations dated with this date of approval. (Except as modified by
applicable conditions of approval.)
2. This Minor Use Permit may be modified or revoked by the City Council, Planning
Commission, or Zoning Administrator should they determine 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.
3. Any change in operational characteristics, hours of operation, 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.
4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
5. Minor Use Permit No. UP2011 -031 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Zoning Code, unless an extension is otherwise granted.
6. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
9. Prior to the issuance of a building .permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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Zoning Administrator Resolution No. 001
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10. Prior to the issuance of building permits, any applicable Fair Share Traffic Contribution
Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal
Code.
11. The indoor net public area shall be limited to a maximum of 804 square feet and 30
seats.
12. The proposed food service, eating and drinking establishment, shall have a parking
requirement of 1 space for every 40 square feet of net public area equaling a total of 21
parking spaces.
13. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
14. The hours of operation for the eating and drinking establishment are limited from 7:00
a.m. to 11:00 p.m., daily.
15. Live entertainment and dancing shall be prohibited as a part of the regular operation.
16. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Manager and Public Works Director in conjunction with the
approval of an alternate drainage plan.
17. 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.
18. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
19. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Community Development Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Community
Development Director may order the diming of light sources or other remediation upon
finding that the site is excessively illuminated.
20. The proprietor shall actively control any noise generated by the patrons of the facility.
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Zoning Administrator Resolution No. 001
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21. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. 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.
22. No outside paging system shall be utilized in conjunction with this establishment.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise 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.
24. 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.
25. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off -site, to advertise the restaurant.
26. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
27. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
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Between the hours Between the hours
of 7:OOAM and of 10:00PM and
10:00PM 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located
within 45dBA 60dBA 45dBA 50dBA100feetofacommercial
property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
22. No outside paging system shall be utilized in conjunction with this establishment.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise 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.
24. 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.
25. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off -site, to advertise the restaurant.
26. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
27. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
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Zoning Administrator Resolution No. 001
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28. The size, design, and location of trash enclosures shall be subject to the review and
approval of the Public Works and Planning Division prior to issuance of building
permits.
29. 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.
30. 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.
31. All graffiti shall be removed within 48 hours notification from the City.
32. 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).
33. 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 Community
Development Director, and may require an amendment to this use permit.
34. 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.
35. Any changes to the existing parking lot design require review and approval from the
Public Works Department.
36. 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 Pandor including, but not limited to Use Permit No.
2011 -031 and the determination that the project is exempt under the requirements of the
California Environmental Quality Act. 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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Zoning Administrator Resolution No. 001
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Building Division and Fire Department Conditions
37. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
38. 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.
39. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Division.
40. The construction plans must meet all applicable State Disabilities Access requirements.
41. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
42. Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
43. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited unless there is an emergency.
44. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Public Works Department Conditions
45, County Sanitation District fees shall be paid prior to the issuance of any building
permits.
46. New and existing fire services, when required by the Fire Department, shall be
protected by a University of Southern California approved double check detector
assemble and installed per STD - 517 -L.
47. New and existing commercial water meter(s) shall be protected by a University of
Southern California approved reduced pressure backflow assembly and installed per
STD - 520 -L -A.
48. Existing sewer lateral shall have a ceanout installed per STD - 406 -L. Cleanout shall be
located within the existing sewer easement.
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Zoning Administrator Resolution No. 001
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Revenue Department Conditions
49. A valid business license from the City of Newport Beach with 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.
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RESOLUTION NO. ZA2018-054
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-004 ADDING A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE TO A RESTAURANT WITH NO LATE
HOURS LOCATED AT 1126 IRVINE AVENUE (PA2018-045)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tiffany Sepetijan, with respect to property located at 1126 Irvine
Avenue, and legally described as Tract 4824, Lot 3, requesting approval of a minor use
permit.
2. The applicant proposes a minor use permit amendment to add a Type 41 (On Sale Beer
and Wine) Alcoholic Beverage Control license to an existing food service, eating and
drinking establishment. Existing and proposed net public area is 804 square feet with
seating for up to 30 customers. The hours of operation are 7 a.m. to 11 p.m., daily. There
are no late hours (after 11 p.m.) proposed.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Commercial Neighborhood (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 26, 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.
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 1 (Existing Facilities) 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. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves the addition of the Type
41 ABC License to an existing eating and drinking establishment with no other
expansion beyond what has been previously permitted and no proposed interior or
exterior changes.
Zoning Administrator Resolution No. ZA2018-054
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07-11-17
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) 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 purpose and intent of Section 20.48.030 (Alcohol Sales )
of the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the
following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The establishment is located within Reporting District (RD) 28. The Part One Crimes
Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime
Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft,
and arson) Rate in RD 28 is higher than the Part One Crimes Rate for the City and
adjacent districts. The crime rate in this district is 117 percent above the Citywide
reporting district average. However, the proposed project is not located in an area that
has a high concentration of alcohol licenses. The Police Department has reviewed the
application and does not object to the addition of beer and wine sales subject to the
conditions of approval in Exhibit A. Therefore appropriate to allow the establishment to
operate with alcohol and no late hours.
2. The Police Department has reviewed the proposed use, provided operating conditions
of approval, and has no objection to the addition of the Type 41 alcoholic beverage
license subject to appropriate conditions of approval. The operation of the establishment
includes a closing hour of 11 p.m.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. This reporting district is reported to ABC as a high crime area as compared to other
reporting districts in the City. The crime count ranks 4th highest in the City at 117% over
the City-wide crime average. The highest volume crime is Burglary or Theft from an
automobile and the highest volume arrests are drug-related offenses. DUI, Public
Intoxication, and liquor law violations make up 9% of arrests in this reporting district. In
comparison, neighboring RD 25 figure is 29%, RD 26 is 22%, and RD 29 is 14%. The
applicant location was the subject of two dispatch events in 2017. Neither event was
related to the business operations. The Police Department has reviewed the application
and does not object to the addition of beer and wine sales subject to the conditions of
approval in Exhibit A.
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07-11-17
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The project site is located within the Westcliff Plaza shopping center in a commercial
zoning district. The shopping center is surrounded by residential uses to the north, east,
and west. The shopping center is oriented such that the back entrances of tenant
spaces are closest to the residential uses to the north and east. Primary customer
activity, including entrances, primary parking, and outdoor seating areas that serve all
tenants. Residential uses to west are separated by Irvine Avenue. Mariners Elementary
School, Mariners Branch Public Library, and Mariners Park are located approximately
580 feet to the north on Irvine Avenue. The closest place of worship is The Church of
Jesus Christ of Latter-day Saints, located on Dover Drive approximately 1,600 feet to
the southeast. There are no other day care centers, hospitals or similar uses in the
immediate vicinity.
2. Eating and drinking establishments with incidental alcohol service are common in the
Commercial Neighborhood Zoning District and the proposed ABC license in
conjunction with an 11 p.m. closing hour is not anticipated to alter the operational
characteristics of the use such that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off -site or on-
site consumption.
1. The closest establishment selling alcoholic beverages for on-site consumption is The
Counter, a full service restaurant in Westcliff Plaza approximately 80 feet away from
Pandor Bakery. The closest establishment selling alcoholic beverages for off -site
consumption is Ralph’s, a grocery store also located Westcliff Plaza.
2. There is no evidence suggesting a food service, eating and drinking establishment
with alcohol service has been or will be detrimental to surrounding properties or to
the neighborhood. The project site is located in census tract 0630.1, which has one
on-sale ABC license for every 783 residents. This is less than the Orange County
average of one license per 467 residents and the Citywide average of one license
for every 189 residents.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. An eating and drinking establishment has operated at the subject property since 2012
with no operating issues. No objectionable conditions are presently occurring at the site
and this Minor Use Permit as conditioned is intended to avoid future objectionable
conditions.
2. The proposed use has been reviewed and conditioned to help ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and
that a healthy environment for businesses is preserved. The service of alcohol is
Zoning Administrator Resolution No. ZA2018-054
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07-11-17
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale of
alcoholic beverages will ensure compatibility with the surrounding uses and minimize
alcohol related impacts.
3. The hours of operation of the establishment will minimize the potential effects on land
use. The establishment closes by 11 p.m. daily, which will ensure the use does not
become a late night bar, tavern, or nightclub.
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:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The site is designated Neighborhood Commercial by the General Plan Land Use
Element, which is intended to provide for areas appropriate for a limited range of retail
and service uses developed in one or more distinct centers oriented to serve primarily
the needs of and maintain compatibility with residential uses in the immediate area. The
proposed project is a food service, eating and drinking establishment with alcohol
service located within the Westcliff Plaza shopping. This use is consistent with the
General Plan Neighborhood Commercial land use designation, which allows food
service, eating and drinking establishments as a commercial use.
2. The restaurant is located near the northeast corner of Westcliff Drive and Irvine Avenue
in the Westcliff Plaza shopping center, which provides a variety of commercial and
service uses. The sale and service of alcohol will provide a convenience for patrons
nearby residents, consistent with the CN land use designation. The closing hour of 11
p.m. will help to ensure the use remains compatible with the nearby residential uses.
3. The subject property is not a part of a specific plan area.
Finding:
C. 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 site is located within Commercial Neighborhood (CN) Zoning District. Food service,
eating and drinking establishments with alcohol service and no late hours (after 11 p.m.)
are a permitted use in this zoning district subject to approval of a minor use permit.
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2. The use complies with Section 20.48.090 (Eating and Drinking Establishments) relating
to required operating standards, and conditions of approval are included in this approval
to maintain those requirements.
3. The use will remain a food service, eating and drinking establishment and the addition of
the Type 41 Alcoholic Beverage Control License will not alter or intensify the existing use.
Further, there will be no change to the net public area or seating and there are no late
hours proposed.
Finding:
D. 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 addition of the alcohol license does not change the operating characteristics of the
previously approved eating and drinking establishment, which has been operating since
2012 without issue.
2. The operational characteristics of the use are typical of a food service, eating and drinking
establishment, and are compatible with uses within and surrounding the shopping center.
A food service, eating and drinking establishment with alcohol service, The Counter, has
been operating in the same center without substantial issue since 2010.
3. The hours of operation are limited to 7 a.m. to 11 p.m., daily, which will ensure compatibility
with the nearby residential uses. Additionally, the customer entrance to the tenant space is
oriented toward the large parking lot and is separated from the residential uses by the
building. There is no proposed expansion to the existing common outdoor patio area utilized
by all tenants of the shopping center.
Finding:
E. 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 previous restaurant has proven to be physically suitable in terms of design, location,
shape, and size to support the use. The physical characteristics of the site are not
changing with the new tenant and addition of the alcohol license.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
Finding:
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F. 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 project has been reviewed and includes conditions of approval 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 food service, eating and drinking establishment will continue to service the
surroundings by providing dining services as a public convenience to the surrounding
businesses, residents, and visitors to the area. The service of alcohol will complement
the principal use of the facility and provide an economic opportunity for the property
owner to maintain a successful business.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2018-004, 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.
3. This resolution supersedes Minor Use Permit No. UP2011-031, which upon vesting of
the rights authorized by this Minor Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF APRIL, 2018.
Patrick J. Alford, Zoning Administrator
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07-11-17
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. 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 Minor 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 lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
6. The operator of the facility shall be responsible for the control of noise generated by the subject
facility including, but not limited to, noise generated by patrons, food service operations, and
mechanical equipment. 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. Pre-recorded music may be played in the tenant space, provided
exterior noise levels outlined below are not exceeded. The noise generated by the proposed
use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
Between the hours of 7 a.m. and
10 p.m.
Between the hours of 10 p.m.
and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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7. 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.
8. No temporary “sandwich” signs or similar temporary signs shall be permitted, either on-site
or off-site, to advertise the restaurant.
9. The allowed hours of operation shall be between 7 a.m. and 11 p.m., daily.
10. Net public area shall be limited to a maximum of 804 square feet and 30 seats.
11. The food service, eating and drinking establishment shall have a parking requirement of 1
space for every 40 square feet of net public area equaling a total of 21 parking spaces.
12. Any change in operational characteristics, expansion in area, or other modification to the
approved plans, shall require a separate review and may necessitate an amendment to this
Minor Use Permit or the processing of a new use permit.
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. No outside paging system shall be utilized in conjunction with this establishment.
15. 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.
16. 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.
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. 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.
20. 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
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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.
21. 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.
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 Pandor Minor Use Permit Amendment including, but not limited to, Minor Use
Permit No. UP2018-004 (PA2018-045). 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.
Police Department
23. The hours of operation shall be limited to 7 a.m. to 11 p.m., daily. The establishment shall
not permit any new customers after 11 p.m .
24. Food service from the regular menu shall be made available to patrons until closing.
25. The approval is for an eating and drinking establishment with on -sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 (On Sale Beer and Wine) license, in conjunction with
the restaurant as the principal use of the facility.
26. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use may be cause for revocation of the use permit.
27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
28. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
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29. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
30. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. These records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
32. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
33. There shall be no live entertainment or dancing allowed on the premises.
34. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
35. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
36. Any event or activity staged by an outside promoter or entity, where the applicant, operator,
owner or his employees or representatives share in any profits, or pay any percentage or
commission to a promoter or any other person is prohibited.
37. There shall be no on-site radio, television, video, film, or other electronic media broadcasts,
including recordings to be broadcasted at a later time, which include the service of alcoholic
beverages, without first obtaining an approved Special Event Permit issued by the City of
Newport Beach.
38. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
39. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 60 days of approval. Records of each owner’s,
manager’s and employee’s successful completion of the required certified training program
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shall be maintained on the premises and shall be presented upon request by a
representative of the City of Newport Beach.
40. Strict adherence to maximum occupancy limits is required.
41. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
42. The operator of the restaurant facility shall be responsible for the control of noise generated
by the subject facility. 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.
RESOLUTION NO. ZA2012 -046
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING MINOR USE PERMIT
NO. UP2012 -027 FOR COFFEE BEAN & TEA LEAF, A FOOD
SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 1128 IRVINE AVENUE (PA2012 -153)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Andrew Eisenberger of Curt Pringle & Associates on behalf of
International Coffee Bean & Tea Leaf, LLC, with respect to property located at 1128
Irvine Avenue, and legally described as Tract 4824, Lot 3 requesting approval of a minor
use permit.
2. The applicant proposes a minor use permit to allow a 1,200- square -foot eating and
drinking establishment in the former Starbucks Coffee tenant space within the Westcliff
Plaza Shopping Center. The proposed establishment includes interior seating for 24
patrons. Late hours and alcohol service are not proposed as part of this application.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Commercial Neighborhood (CN).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 12, 2012 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
convert currently vacant retail space to a food service, eating and drinking
establishment. The existing space will be remodeled with approval of a tenant
improvement building permit.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a use permit 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 proposed project is a food service, eating and drinking establishment to be
located within the Westcliff Plaza shopping center (northeast corner of Irvine
Avenue and Westcliff Drive), which is designed and operated as a neighborhood -
serving shopping center.
2. The General Plan land use designation for the site is CN (Neighborhood
Commercial), which is intended to provide for areas appropriate for a limited range
of retail and service uses developed in one or more distinct centers oriented to
serve primarily the needs of and maintain compatibility with residential uses in the
immediate area.
3. The proposed food service, eating and drinking establishment is consistent with
the General Plan Neighborhood Commercial (CN) land use designation, as it is
intended to serve a limited range of food and beverage products primarily to the
residents of the adjacent neighborhoods.
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
The site is located within the Commercial Neighborhood (CN) Zoning District of
the Newport Beach Zoning Code. The intent of this district is to provide for
areas appropriate for a limited range of retail and service uses developed in one
or more distinct centers oriented to serve primarily the needs of and maintain
compatibility with residential uses in the immediate area. The proposed food
service, eating and drinking establishment is consistent with the land uses
permitted within this zoning district and the conditions of approval will ensure
that the use is compatible with the adjacent residential areas.
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2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit,
because it is located within 500 feet of the residential zoning district located
northeast of the subject site.
3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of
approval are included in this approval to maintain those requirements.
4. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes
criteria to determine the parking requirements for uses from 1 parking space for
every 30 -50 square feet of net public area. The proposed project has a net
public area of 560 square feet and has seating for a maximum of 24 customers.
The establishment is located within the Westcliff Plaza shopping center. One (1)
space for every 40 square feet of net public area is a reasonable number to
require for the proposed use, given the project characteristics, parking supply, and
mix of existing tenants located within the shopping center. Based on the net public
area of the proposed establishment, a total of 14 parking spaces will be required
560/40 = 14). The Westcliff Plaza shopping center site has surplus parking
spaces available to provide the parking spaces required to accommodate this
parking rate and the proposed use.
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 involves interior alterations to the former Starbucks
Coffee tenant space within the Westcliff Plaza shopping center to a food
service, eating and drinking establishment. The shopping center will still provide
a surplus of parking spaces.
2. The proposed use will provide food beverages for sale and will provide seating
for a maximum of 24 customers. The operational characteristics of the use are
that of a food service, eating and drinking establishment, which is a typical use
in these types of shopping centers.
3. The conditions of approval limit the hours of operation for the establishment is
from 5:30 a.m. to 11:00 p.m., daily. These hours will be compatible with the
other uses in the shopping center and are not considered to be late by definition
of the Zoning Code.
4. The proposed establishment will be located within a shopping center in a
nonresidential zoning district. Although it is located less 500 feet of a residential
district directly to the northeast (within approximately 100 feet), it is not facing
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the residential properties and is separated from them by a block wall,
landscaped area, and parking lot. The separation provides screening and
protection from view and any noise generated by the establishment. The
applicant is also required to control trash and litter around the subject property.
5. 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.
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 building and parking lot within the Westcliff Plaza shopping center
have functioned satisfactorily with the current configuration. The proposed
project, which includes interior alterations to convert the former Starbucks
Coffee tenant space to a food service, eating and drinking establishment will not
negatively affect emergency access. The design, size, location, and operating
characteristics of the use are compatible with the existing uses within the
shopping center and the surrounding area.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided within the Westcliff Plaza shopping center and the surrounding
area.
3. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval
will be complied with.
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, a 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 this approval includes conditions 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
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adjacent properties during business hours, if directly related to the patrons of the
establishment.
2 The restrictions on seating and net public area prevent adverse traffic impacts for
the surrounding residential and commercial uses.
3. 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 in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2012 -027, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 644 -3200.
3. This resolution supersedes Specialty Food Permit No. MD3981, which upon vesting of
the rights authorized by this minor use permit shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER, 2012.
Patrick J. AI ord
Acting Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plan(s) and building elevations dated with this date of approval. (Except as modified by
applicable conditions of approval.)
2. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
they determine 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.
3. Any change in operational characteristics, hours of operation, 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.
4. Minor Use Permit No. UP2012 -027 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Zoning Code, unless an extension is otherwise granted.
5. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. The indoor net public area shall be limited to a maximum of 560 square feet and 24
seats.
9. The proposed food service, eating and drinking establishment, shall have a parking
requirement of 1 space for every 40 square feet of net public area equaling a total of 14
parking spaces.
10. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
11. The hours of operation for the eating and drinking establishment are limited from 5:30
a.m. to 11:00 p.m., daily.
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12. Live entertainment and dancing shall be prohibited as a part of the regular operation.
13. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Manager and Public Works Director in conjunction with the
approval of an alternate drainage plan.
14. 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.
15. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
18. 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.
19. 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).
20. 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 Community
Development Director, and may require an amendment to this use permit.
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21. 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.
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 Coffee Bean & Tea Leaf MUP including, but not limited
to Minor Use Permit No. UP2012 -027 (PA2012 -153) and the determination that the
project is exempt under the requirements of the California Environmental Quality Act.
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 and Fire Department Conditions
23. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
24. 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.
25. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Division.
26. The construction plans must meet all applicable State Disabilities Access requirements.
27. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
28. Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
29. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited unless there is an emergency.
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30. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Revenue Department Conditions
31. A valid business license from the City of Newport Beach with 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.
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