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HomeMy WebLinkAboutZA2022-062 - APPROVING MINOR USE PERMIT NO. UP2022-009 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT (COFFEESHOP) LOCATED AT 3348 EAST COAST HIGHWAY (PA2022-086)RESOLUTION NO. ZA2022-062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-009 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT (COFFEE SHOP) LOCATED AT 3348 EAST COAST HIGHWAY (PA2022- 086) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ray F&B, LLC (Applicant), with respect to property located at 3348 East Coast Highway, and legally described as Lot 5 of Block S of Tract No. 323, requesting approval of a minor use permit. 2. The Applicant requests a minor use permit to allow the establishment of an 836-square- foot coffee shop (i.e., a take-out service, limited use) with 187 square feet of customer seating area (maximum of six seats), a roaster area, and a kitchen. As proposed, there will be no alcohol sales and service and no late hours (beyond 11:00 p.m.). 3. The subject property is categorized as Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on September 29, 2022, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing, previously occupied commercial space with no expansion in the floor area. Zoning Administrator Resolution No. ZA2022-062 Page 2 of 8 10-18-21 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use category for this site is CC (Corridor Commercial), which is intended to provide a limited range of retail and service uses developed in one (1) or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. 2. The proposed coffee shop is in a distinct commercial area along East Coast Highway. While the tenant space is adjacent to a residential neighborhood, it is oriented toward Coast Highway and away from the residential area to the north. The proposed coffee shop would provide a new food and beverage option for residents, as well as for visitors to the area and those traveling along the highway. For these reasons, the proposal is consistent with the CC land use category. 3. The proposed coffee shop is complementary to the surrounding commercial uses, which include a sushi restaurant, bakery, and hair salon. It also provides a service to residents nearby on Marigold Avenue and the surrounding village of Corona del Mar. 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. A coffee shop (take-out service, limited) is permitted with the approval of a minor use permit in the CC (Commercial Corridor) Zoning District. A minor use permit is required due to its proposed location within 500 feet of a residential zoning district. The nearest residential district is 15 feet away across the alley to the north. 2. The development on the subject property is legal, and nonconforming due to there being only four (4) parking spaces available on-site. The subject property includes two (2) commercial suites (3344 and 3348 East Coast Highway). The adjacent suite (3344), which is currently occupied by Sota Sushi, has been used as a restaurant since 1954. The subject suite (3348) has been occupied by a variety of commercial uses, with the Zoning Administrator Resolution No. ZA2022-062 Page 3 of 8 10-18-21 immediate-past tenant being a dry cleaner (personal service, general) use. Title 20 (Planning and Zoning) of the NBMC requires one (1) parking space per 250 square feet of the gross floor area of off-street parking for both a personal service, general and take- out service, and limited use. Therefore, no intensification or enlargement is proposed, and no additional parking is required. 3. As conditioned, the proposed coffee shop will comply with Title 20 standards for eating and drinking establishments, including those specific to the take-out service, and limited use classification, which includes a maximum of six (6) seats. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Parking at the subject property is legally nonconforming as there are only four (4) parking spaces available on-site. This includes one (1) parking space that is accessible and compliant with Americans with Disabilities Act (ADA) standards. The proposed coffee shop is replacing an existing personal service land use, which shares the same parking requirement. Therefore, no additional parking is required, and the coffee shop is not anticipated to create negative parking impacts on surrounding uses. 2. The proposed coffee shop is compatible with the existing and allowed uses in the area, which consist of retail commercial, and residential developments. 3. The Applicant is proposing hours of operation between 6:00 a.m. to 6:00 p.m., Monday through Saturday, and 7:00 a.m. to 5:00 p.m. on Sunday. A condition of approval has been included to limit hours of operation between 6:00 a.m. to 6:00 p.m., daily, which will ensure compatibility for parking during even hours for the adjacent restaurant. There will be no late hours permitted (beyond 11:00 p.m.), daily, which will minimize any disturbance to residences near the property. 4. The proposed coffee shop is oriented towards East Coast Highway in a manner that shields the storefront activity from the nearby residential uses on Marigold Avenue. 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 project site is located on East Coast Highway between Marguerite and Marigold Avenues, which is a busy commercial corridor with heavy vehicular traffic and pedestrian Zoning Administrator Resolution No. ZA2022-062 Page 4 of 8 10-18-21 activity. Direct vehicular access to the parking lot is available via an alley in the rear of the property, which is accessible from both Marguerite and Marigold Avenues. The proposed coffee shop is not expected to result in increased vehicular and pedestrian activity that would negatively affect access. 2. The proposed coffee shop will occupy an existing commercial tenant space that is served by all necessary utilities. The change in use is not anticipated to create any issues with current utility service providers. 3. The Fire Department reviewed the project and site to ensure adequate public and emergency vehicle access is provided and does not have any concerns. 4. All proposed site and tenant improvements must comply with the NBMC and any other applicable regulations for permits to be issued. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed coffee shop has been reviewed and this resolution includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The business operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The proposed coffee shop will add additional take-out options to the neighborhood and will provide an economic opportunity for the property owner to update the tenant space and provide additional services to residents and visitors. 3. The Applicant is required to obtain Health Department approval prior to opening for business and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 4. The proposed use includes limited hours, there is no alcohol service proposed, and there is no increased parking demand. Based on an evaluation against the requirements of the NBMC, the proposed use will not result in detriment to the existing retail shopping center or the surrounding community. Zoning Administrator Resolution No. ZA2022-062 Page 5 of 8 10-18-21 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves minor use permit No. UP2022-009 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF SEPTEMBER, 2022. Zoning Administrator Resolution No. ZA2022-062 Page 6 of 8 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plan stamped with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this use permit. 4. This use permit, as part of PA2022-086, shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The maximum number of seats allowed in the coffee shop shall be six (6). No outdoor seating is permitted without further review and may require an amendment to this minor use permit or the processing of a new use permit. 6. The hours of operation shall be between 6:00 a.m. to 6:00 p.m., daily. 7. The sale of alcohol shall not be permitted. 8. 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 are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 9. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review and approval of the Planning Division. Depending on the nature of the request, an amendment to this minor use permit or the processing of a new use permit. 10. 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. Zoning Administrator Resolution No. ZA2022-062 Page 7 of 8 10-18-21 11. 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. 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 NBMC. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 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. Construction activities shall comply with Section 10.28.040 (Construction Activity-Noise Regulations) of the NBMC, 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 Saturdays, Sundays, or Holidays. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 18. 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 Zoning Administrator Resolution No. ZA2022-062 Page 8 of 8 10-18-21 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 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 21. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 22. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 23. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 24. 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 NBMC. 25. 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 Del Mar Roasters including, but not limited to Minor Use Permit No. UP2022-009 (PA2022-086). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorney’s fees, and damages which the 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.