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HomeMy WebLinkAboutZA2012-005 Sambazon Use PermitRESOLUTION NO. ZA2012 -005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2012 -001 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3138 BALBOA BOULEVARD (PA2012 -004) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sambazon, with respect to property located at 3138 Newport Boulevard, and legally described as lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980, requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow, Sambazon Acai Cafe, an eating and drinking establishment (food service, no late hours) serving health juices, smoothies, and healthy snacks. The gross floor area of the establishment is 998 square feet and the interior net public area will be 462 square feet. The establishment will provide a maximum of 32 interior seats. The requested hours of operation are from 7:00 a.m. to 11:00 p.m., daily. Alcohol service is not proposed as part of this request. 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 located within the coastal zone. The Coastal Land Use Plan category is CN (Neighborhood Commercial). 5. A public hearing was held on February 15, 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, Zoning Administrator Resolution No. 2012 -005 Pape 2 of 8 office, restaurant or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. 2. The proposed project involves the establishment of a restaurant in an existing tenant space. The proposed use is less than 2,500 square feet. Therefore, the use qualifies for a categorical exemption under Class 3. 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 A -1. The General Plan land use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited 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. A food service, eating and drinking is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. A -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. A -3. 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 B -2. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN zoning district 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. Tmplt: 1 211 512 01 1 Zoning Administrator Resolution No. 2012 -005 Pape 3 of 8 The proposed food service, eating and drinking establishment is consistent with land uses permitted by the CN Zoning District. B -3. The proposed use will comply with all applicable development and parking standards including those specific to the food service, eating and drinking use classification. 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 C -1. The hours of operation will be from 7:00 a.m. to 11:00 p.m. daily. C -2. Sambazon Acai Cafe will occupy a vacant tenant space at the west end of The Landing Shopping Center, which was recently renovated in 2011. Prior to the renovation, a restaurant had operated in this location since 1982 pursuant to Use Permit Nos. UP2067 and UP2069 and had not proven detrimental to the area. The tenant space within the shopping center has operated as an eating and drinking establishment in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. C -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is located approximately 225 feet from residential properties across 32nd Street. The applicant is also required to control trash and litter around the subject property. C -4. Alcohol service is not proposed. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. C -5 The surrounding commercial corridor contains various retail and visitor commercial uses including restaurants and take -out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the neighborhood. 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 D -1. The existing parking lot provides adequate circulation and parking spaces for patrons. Tmplt: 1 211 512 01 1 Zoning Administrator Resolution No. 2012 -005 Pape 4 of 8 D -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. D -3. The project site is located within an existing retail building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. D -4. 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 E -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. E -2. The food service, eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood and visitors. 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. E -3. The applicant is required to install a grease interceptor, 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 Use Permit No. UP2012 -001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Tmplt: 1 211 512 01 1 Zoning Administrator Resolution No. 2012 -005 Page 5 of 8 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 Community Development Department in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED ANDIADOPTED THIS 15TH DAY OF FEBRUARY, 2012. a Wisne&k AICP, Zoning Administrator Tmph: 12/15/2011 Zoning Administrator Resolution No. 2012 -005 Pape 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING Planning Department 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. 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. UP2012 -001 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. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 10. The establishment shall provide a maximum of 32 interior seats. Tmplt: 1 211 512 01 1 Zoning Administrator Resolution No. 2012 -005 Pape 7 of 8 11. The hours of operation for food service, eating and drinking establishment are limited from 7.00 a.m. to 11:00 p.m., daily. 12. Prior to the issuance of tenant improvement building permits for an eating and drinking establishment at 3138 Balboa Boulevard, building permits shall be issued for Gina 's Pizza, located at 3142 Balboa Boulevard, to reduce the outdoor dining patio by 40 square feet. If building permits are not required for the scope of work at 3142 Balboa Boulevard, a planting plan demonstrating the 40- square -foot reduction in the outdoor dining patio shall be submitted to the Planning Division prior to the issuance of building permits for 3138 Balboa Boulevard. 13. Live entertainment, dancing, and alcohol service shall be prohibited as a part of the regular operation. 14. 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 Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 17. 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 Sambazon Acai Cafe including, but not limited to Use Permit No. UP2012- 001(PA2012 -004) 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. Tmplt: 1 211 512 01 1 Zoning Administrator Resolution No. 2012 -005 Pape 8 of 8 Building and Fire Department Conditions 18. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 19. 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 entrance, path of travel, restroom, dining room seating, and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 20. The construction plans must meet all applicable State Disabilities Access requirements. 21. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 22. A Type I hood shall be required if any cooking is conducted that produces grease laden vapors per C. F. C. Section 609.2. 23. A wet chemical extinguishing system complying with UL300 will be required if cooking is conducted that produces grease laden vapors per C.F.C. Section 904. 24. A portable fire extinguisher shall be provided and maintained per C.F.C. Section 904.11.5. A 2A 10BC shall be required for the serving area. A fire extinguisher with a class K rating shall be provided where a type I hood is required and provided with a fire extinguishing system. 25. 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. 26. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Department Conditions 27. County Sanitation District fees shall be paid prior to the issuance of any building permits. Tmplt: 1 211 512 01 1