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HomeMy WebLinkAboutZA2024-008 - APPROVING A MINOR USE PERMIT TO ALLOW A TAKE-OUT SERVICE - FAST CASUAL EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS LOCATED AT 2523 EASTBLUFF DRIVE (PA2023-0193)RESOLUTION NO. ZA2024-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A MINOR USE PERMIT TO ALLOW A TAKE-OUT SERVICE - FAST CASUAL EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS LOCATED AT 2523 EASTBLUFF DRIVE (PA2023-0193) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kevin Stracner of Greenberg Farrow (Applicant) , with respect to property located at 2523 Eastbluff, and legally described as Parcels 1 and 2 of Lot Line Adjustment No. 98-14, (Property) in the City of Newport Beach, requesting approval of a minor use permit. 2. The applicant requests a Minor Use Permit (MUP) To operate a "Take Out Service, Fast Casual" eating and drinking establishment (Starbucks Coffee Shop), within an existing shopping center. The Applicant proposes a minor tenant improvement to an existing 1,601 square foot suite and will expand Starbucks outdoor seating into what is currently a common seating area for a maximum of 20 total seats. The proposed hours of operation are from 4:30 a.m. to 12:00 a.m. midnight, daily, and no alcohol service is proposed. An MUP is required as the project proposes late hours and is within 500 feet of residential uses. If approved and implemented, Use Permit No. UP3651 would be superseded (Project). 3.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 February 15, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public Hearings) of 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment Zoning Administrator Resolution No. ZA2024-008 Page 2 of 9 07-22-2014 due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 3. 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 proposed project involves operating a coffee shop within an existing commercial space and repurposing an existing outdoor seating area. These changes of operational characteristics are well within the thresholds identified in CEQA Guidelines Section 15301. 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 categorizes the site as CN (Neighborhood Commercial). This category is intended to provide 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. 2. The proposed coffee shop is a commercial use within an existing shopping center, and is intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, it is consistent with the CN designation. 3. The Project aligns with General Plan Land Use Policy LU3.2, “Growth and Change”, by allowing for infill and reducing commuting distance between homes and jobs. 4. The Project aligns with General Plan Land Use Policy LU1.5, “Economic Health” as the project will bring a successful commercial tenant into a space that has been vacant for over three years. 5. 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. Zoning Administrator Resolution No. ZA2024-008 Page 3 of 9 07-22-2014 Facts in Support of Finding: 1. The property is located in the Commercial Neighborhood (CN) 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. 2. The Project site is located approximately 250 feet from a residential neighborhood and will likely serve the adjacent residential uses. 3. While the Take-Out Service, Fast Casual land use can be permitted by right within the CN zoning district, an MUP is required pursuant to Table 2-4, Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) due to the late hours of operation and proximity to residential uses. 4. Table 3-10 (Off-Street Parking Requirements) of the NBMC section 20.40.040 (Off- Street Parking Spaces Required) establishes the parking requirement for a Take- Out Service, Fast Casual at one space per 250 square feet of gross floor area. The Staff Approval filed as PA2023-0124 and approved on December 1, 2023 allowed a 20% reduction in the required off-street parking for the entire Eastbluff Village Center. This approval assumed that a Take-Out Service, Fast Casual land use would occupy the vacant space that the coffee shop now proposes to occupy under this same land use category. The 20% parking waiver allows for the 29 spaces required by the proposed Starbucks Coffee to be allocated from the existing 343 spaces, and notes that a 108 parking space surplus was observed during peak times of parking demand. 5. The proposed establishment complies with NBMC 20.20.030 (Commercial Zoning Districts General Development Standards) for eating and drinking establishments, including those specific to the Take-Out Service, Fast Casual land use classification. Condition of Approval No. 8 addresses the maximum of 20 seats allowed by the use classification and there is no alcohol service proposed. Condition of Approval No. 21 prohibits alcohol being sold, served, or given away at the site. Condition of Approval No. 4 requires that a new use permit be obtained should the operational characteristics of the use change. Alcohol being incorporated into the use would constitute such a change and thus a new use permit would then be required. 6. A trash enclosure is provided onsite and is located behind the tenant space, in the rear parking lot. The size of the trash enclosure is adequate to accommodate the proposed use and it is conveniently located where materials can be deposited and collected. The enclosure does not block or impede access to the parking spaces. The existing trash enclosure is adequately screened pursuant to NBMC 20.30.120 (Solid Waste and Recyclable Materials Storage), however it lacks a solid roof. Condition of Approval No. 15 requires the trash enclosure be upgraded to provide a solid roof. Zoning Administrator Resolution No. ZA2024-008 Page 4 of 9 07-22-2014 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 Newport Beach Tennis Club is located 120 feet north of the subject property, along Eastbluff Drive. The Eastbluff Park and Boys and Girls Club is located 100 feet to the west, across Vista Del Oro. Corona del Mar High School is located approximately 1,500 feet south of the Eastbluff Shopping Center, along Eastbluff Drive. Our Lady Queen of Angels Church is located approximately 2,800 feet south of the shopping center, also along Eastbluff Drive. The nearest residential and recreational uses are buffered from the shopping center by support buildings, Eastbluff Drive, and Vista del Sol. 2. Eating and drinking establishments with incidental alcohol service have existed at the subject location since the original construction of the shopping center in 1966. The proposed removal of the Type 47 Alcoholic Beverage Control (ABC) license associated with Use Permit 3651, which authorized the sale of beer, wine, and distilled spirits on the premises in conjunction with substantial sales of meals, will not negatively alter the operational characteristics of the use. 3. As conditioned, the allowed hours of operation will be 4:30 a.m. to 12 a.m., daily, which 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Conditions of Approval No.11 prohibits excessive noise and Condition of Approval No. 17 ensures maintenance to control odors caused by the proposed use. Condition of Approval No. 14 prohibits deliveries and refuse collection between the hours of 10:00 p.m. and 8:00 a.m., daily which will prevent conflicts with adjacent uses. 4. The proposed hours of operation are not anticipated to cause a conflict with the allowed uses in the vicinity, as there will be no elevated noise levels and no increased trash and recycling collection activities. Increased pedestrian and vehicular traffic activity during late night and early morning hours would be supported by the existing facilties, namely lighting and parking. 5. The Project is not an intensification of use because this suite operated formerly as an eating and drinking establishment. The Project will extend the hours of operation but will not increase the number of seats, as the new land use classification requires a maximum of 20 seats and the previous use authorized 21 seats. Zoning Administrator Resolution No. ZA2024-008 Page 5 of 9 07-22-2014 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 accessible from the Eastbluff Shopping Center parking lot, which provides convenient access to motorists, pedestrians, and bicyclists. 2. Parking in the shopping center is provided by a shared 343-space surface lot. The existing parking lot provides adequate circulation for patrons. 3. The site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. 4. Any proposed site and tenant improvements will comply with the development standards of the NBMC and all Building, Public Works, and Fire Codes. 5. The Project is proposed within an existing shopping center and has demonstrated, via previous and similar land uses, that it is physically suitable in terms of design, location, shape, and size to support the use and hours of operation. 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. Eating and drinking establishments have historically operated within the Eastbluff Village Center without detrimental impacts. The site previously supported, an eating and drinking establishment with a Type 41 ABC License and late hours, an eating and drinking establishment with live entertainment and patio dining, and a specialty food service with outdoor dining. 2. The proposed late hours should not constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing in or working in the neighborhood of the proposed use. The Conditions of Approval address noise, odors, cleaning, and maintenance of the facility. While late hours are proposed, there will be no live entertainment or alcohol. 3. 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 Zoning Administrator Resolution No. ZA2024-008 Page 6 of 9 07-22-2014 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. 4. The proposed Project will help revitalize the project site, provide an economic opportunity for the property owner to update the tenant space, and provide additional services to residents and visitors. 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 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 the Minor Use Permit filed as PA2023-0193, subject to the conditions set forth 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 is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 4. This resolution supersedes Use Permit No. 3651, which upon vesting of the rights authorized by this minor use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBRUARY, 2024. Zoning Administrator Resolution No. ZA2024-008 Page 7 of 9 07-22-2014 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 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. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, will require review by the Planning Division and may require an amendment to this Minor Use Permit or the processing of a new use permit. 5. Hours of operation shall be limited to between 4:30 a.m. and 12:00 a.m., daily. 6. The use of the rear door shall be limited to deliveries and employee use only, use by customers as an entry shall be prohibited. 7. The use of the rear door is prohibited between 10:00 p.m. and 8:00 a.m., daily, except by employees exiting the facility or depositing trash after the closing of the restaurant. 8. Maximum seating and/or stand-up counter space for no more than twenty seats shall be maintained. At no time shall there be more than twenty total seats including both inside the subject eating and drinking establishment and the outdoor patio area. 9. All employees shall park on-site. 10. Prior to the issuance of a building permit, one rideshare stall shall be provided and maintained within the center. 11. No amplified sound, other than background music, is allowed. Any background music shall not be audible from outside of the building. 12. Physical elements associated with the outdoor patio area (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure. Zoning Administrator Resolution No. ZA2024-008 Page 8 of 9 07-22-2014 13. A covered wash-out area for refuse containers and kitchen equipment shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department in conjunction with the approval of an alternative drainage plan. This covered washout area can be located either inside or outside of the facility but must be fully enclosed, when in use, to prevent rainwater from entering the sewer system. 14. 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. 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 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. 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. 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. No outside paging system shall be utilized in conjunction with this establishment. 21. No alcohol shall be served, sold, or given away on the premises. 22. 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. 23. Future owners or assignees shall be notified of the conditions of this approval by the current business owner, property owner or the leasing company, in the event this business is sold or otherwise comes under different ownership. Zoning Administrator Resolution No. ZA2024-008 Page 9 of 9 07-22-2014 24. To the fullest extent permitted by law, 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 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 related (directly or indirectly) to the City’s approval of the Starbucks Minor Use Permit including, but not limited to Minor Use Permit No. PA2023-0193. 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, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' 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. BUILDING 25. The Applicant is required to obtain all applicable permits from the City’s Building Division. 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. 26. Prior to the Issuance of a building permit, approval from the Orange County Health Department is required. FIRE 27. Modification to the sprinkler system shall require a permit and plans to be submitted to NBFD.