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HomeMy WebLinkAboutZA2023-025 - APPROVING A MINOR USE PERMIT FOR A COFFEE SHOP LOCATED AT 1314 BISON AVENUE, UNIT E (PA2022-0259)RESOLUTION NO. ZA2023-025 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT FOR A COFFEE SHOP LOCATED AT 1314 BISON AVENUE, UNIT E (PA2022-0259) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tai Tran, owner of Blk Dot Coffee concerning property located at 1314 Bison Unit E, and legally described as Parcel 1 in Parcel Map 326-48 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to operate a coffee shop (fast food eating and drinking establishment) within an existing retail space in The Bluffs Shopping Center. The interior of the existing 1,541 square foot tenant space would be improved with a storage and wash area, prep area, service area with counter, and a dining area. Parking is provided onsite within the shopping center parking area. No late hours (after 11 p.m.) or alcohol sales are proposed as part of this application. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Bonita Canyon Planned Community (PC-50) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 13, 2023, online via Zoom. A notice of the 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 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) of the Guidelines for CEQA. 2. The existing commercial space was previously occupied by a bakery retail use under a Class 1 (Existing Facilities) within the existing shopping center. The proposed coffee shop includes interior tenant improvements. Overall, the change of use is a negligible intensification within the existing shopping center. Zoning Administrator Resolution No. ZA2023-025 Page 2 of 7 01-17-23 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 General Commercial (CG) which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The proposed eating and drinking establishment is located within the Bluffs Shopping Center and serves those working, residing, or visiting the surrounding neighborhood, consistent with the CG land use designation. 3. The subject property is not a 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 Commercial Sub-Area 5 of the Bonita Canyon Planned Community (PC 50) Zoning District which is intended to provide for up to 55,000 square feet of commercial uses. Fast food eating and drinking establishments are allowed uses subject to the approval of a use permit. 2. The previous use of the space was a retail bakery. Similar uses have operated within the shopping center, and include restaurant, fast food, retail, and personal service uses. 3. The existing on-site parking lot for the shopping center provides the required parking for the proposed use at one parking space per 100 square feet of gross floor area or 15.4 spaces. The prior bakery retail space required one parking space per 250 square feet of gross floor area. Converting the existing retail bakery to a coffee shop (fast food eating and drinking establishment) will use all but one (1) of the remaining surplus of parking for the shopping center created by the addition of five parking spaces in 2022. 4. The proposed tenant improvement plans are currently in the plan check process and will comply with all Building Code and Fire Code requirements. Zoning Administrator Resolution No. ZA2023-025 Page 3 of 7 01-17-23 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 existing Bluffs Shopping Center is adjacent to an open space area and MacArthur Boulevard and Bison Avenue. The nearest residential uses are over 400 feet from the subject property, across MacArthur Boulevard and Bison Avenue. The conditions of approval reflected in “Exhibit A” of this resolution ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 2. Other fast-food eating and drinking establishments have operated at the shopping center since original construction in 2002 and have not proven detrimental to the area. 3. The proposed hours of operation from 6:30 a.m. to 7p.m. are consistent with the shopping center hours of operation. 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 coffee shop is located within an existing shopping center with other food uses and has demonstrated that it is physically suitable in terms of design, location, shape, and size to support the use. 2. Access to the property is provided via driveways along Bison Avenue. Adequate public and emergency vehicle access, public services, and utilities are provided for onsite. 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 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 tenant space during business hours, if directly related to the patrons of the establishment. Zoning Administrator Resolution No. ZA2023-025 Page 4 of 7 01-17-23 2. The coffee shop will serve patrons of the shopping center, surrounding commercial buildings, and provide food and beverage services to the surrounding neighborhood. 3. The proposed coffee shop does not include late hours or alcohol which could have the potential to generate additional nuisances to the surrounding neighborhood. 4. There are no residential uses within the proximity of the establishment. The nearest residential uses are over 400 feet from the business and separated from the shopping center by Bison Avenue or MacArthur Boulevard. 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 under 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. PA2022-0259, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF APRIL, 2023. Zoning Administrator Resolution No. ZA2023-025 Page 5 of 7 01-17-23 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. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit. 4. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 5. This Use Permit may be modified or revoked by the Zoning Administrator if determined should they determine 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. 6. The coffee shop will use all but one (1) remaining surplus parking space for the shopping center. Any future uses or expansions of existing uses shall be reviewed by the Planning Division and, if additional parking is required, may require the approval of a parking study with a conditional use permit to waive parking. 7. The hours of operation for the coffee shop shall be limited from 6:00 a.m. to 9:00 p.m., daily. 8. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 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. 10. 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 periods unless the ambient noise level is higher: Zoning Administrator Resolution No. ZA2023-025 Page 6 of 7 01-17-23 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 11. 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 leasing agent. 12. 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 7a.m. and 6:30 p.m., Monday through Friday, and 8a.m. and 6p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays, or Holidays. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. 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. 15. 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. 16. The exterior of the business shall be always maintained free of litter and graffiti. 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. 17. 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). 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 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. Zoning Administrator Resolution No. ZA2023-025 Page 7 of 7 01-17-23 19. 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. 20. 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 onsite 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, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Blk Dot Coffee Minor Use Permit including, but not limited to, PA2022-0259. 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 the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 23. The applicant shall be required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans shall comply with the most recent, City-adopted version of the California Building Code. The construction plans shall meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit.