HomeMy WebLinkAbout01 - The Porro Vita Juice Bar Minor Use PermityEWPORT COMMUNITY DEVELOPMENT DEPARTMENT
o� PLANNING DIVISION
+ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644-3229
°'«F�aK�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 23, 2012,
Agenda Item #1
SUBJECT: The Porro Vita Juice Bar - (PA2012 -045)
3000 Newport Boulevard
Minor Use Permit No. UP2012 -005
APPLICANT: Chase Bray
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or ksims @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CV (Commercial Visitor - Serving)
• General Plan: CV (Visitor Serving Commercial)
PROJECT SUMMARY
A Minor Use Permit for a take -out service, limited establishment within an existing
5,600- square -foot mixed -use building consisting of 2,000 square feet of commercial
space on the first floor and two condominium units on the second floor. The proposed
project would convert 1,400 square feet of currently vacant, commercial space to a
walk -in juice bar with some incidental, related retail sales. The establishment would
have a net public area of 850 square feet and provide seating for a maximum of six
customers. The proposed hours of operation are between 7:00 a.m. and 11:00 p.m.,
daily.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2012 -005 (Attachment No. ZA 1).
DISCUSSION
• The proposed project will be located within a 5,600- square -foot, two -story,
mixed -use building at the northeast corner of the intersection of Newport
Boulevard and 30`h Street. The second floor (3,600 square feet) consists of two
condominium units and the first floor consists of a hair salon (600 square feet)
and 1,400 square feet of currently vacant, commercial space. The proposed
project would convert the vacant space to a walk -in, juice bar with incidental,
related retail sales, and provide six seats for customers.
• The proposed use is consistent with the land uses permitted within the CV
(Commercial Visitor - Serving) Zoning District, the CV (Visitor Serving Commercial)
General Plan Land Use Element designation, and the CV -A (Visitor Serving
Commercial) designation of the Coastal Land Use Plan, which are intended to
provide for areas appropriate for accommodations, goods, and services intended
to serve primarily visitors to the City.
• Per Zoning Code Section 20.20.020: Commercial Zoning Districts Land Uses and
Permit Requirements, Table 2 -5 (Allowed Uses and Permit Requirements),
approval of a minor use permit is required because the location of the proposed
project is within 500 feet of a residential zoning district.
• The subject property is currently nonconforming for the following reasons: it is
developed to a 0.9 FAR, while the Zoning Code allows a 0.5 FAR; residential
development is not a currently permitted use within the Zoning or General Plan
designations for the site; and nine parking spaces are provided for the
commercial uses on site, while 14 spaces are required. Because the parking
requirement for the previous use and proposed use remains the same (1 space
per 250 square feet), the proposed use is not considered to be an intensification
of the previous use and additional parking is not required.
• The proposed project will comply with all of the Zoning Code (Section 20.48.090:
Eating and Drinking Establishments) required operating standards for take -out
service, limited eating and drinking establishments, including a maximum of six
seats for customers.
• Staff believes the proposed project will be compatible with existing and allowed
uses within the area, which include various retail and visitor commercial uses
such as restaurants and take -out services, general office, and residential uses.
The project has been conditioned so that the potential for negative impacts from
its operation is minimized.
ENVIRONMENTAL REVIEW
The project qualifies for Class 1 (Existing Facilities) categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act Guidelines because it
involves interior alterations to convert an existing vacant retail space to a food service,
eating and drinking establishment.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk within fourteen (14) days following the date the action or decision was
rendered. For additional information on filing an appeal, contact the Planning Division at
949 644 -3200.
Prepared by:
-c d
Kay Si s
Assistant Planner
GR /ks
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Menu
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA 2012-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING MINOR USE PERMIT
NO. UP2012 -005 FOR THE JUICE BAR, A TAKE -OUT SERVICE
LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED
AT 3000 NEWPORT BOULEVARD (PA2012 -045)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chase Bray, with respect to property located at 300 Newport
Boulevard, and legally described as Lot 2 and a Portion of Lot 1, Block 331 of the
Lancasters Addition, requesting approval of a Minor Use Permit.
2. The applicant proposes a Minor Use Permit to convert 1,400 square feet of commercial
space to a take -out service, limited eating and drinking establishment, which will consist
of a walk -in juice bar, incidental retail area, and will provide a maximum of six seats for
customers. The requested hours of operation are 7:00 a.m. to 11:00 p.m., daily.
3. The subject property is located within the following: Zoning District - CV (Commercial
Visitor - Serving), General Plan Land use Element designation - CV (Visitor Serving
Commercial), and Coastal Land Use Plan - CV -A (Visitor Serving Commercial). These
designations are intended to provide for areas appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City.
4. A public hearing was held on May 23, 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 commercial space to a take -out service, limited eating and
drinking establishment. The existing space will be remodeled with approval of a tenant
improvement building permit.
Zoning Administrator Resolution No. ZA 2012 -
Page 2 of 8
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 General Plan land use designation for this site is CV (Visitor Serving
Commercial), which provides for areas that are appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City. The
proposed juice bar is consistent with this land use designation category.
2. Take -out service limited, eating and drinking establishments are common in the
vicinity and along Newport Boulevard. They are frequented by the surrounding
businesses, travelers that visit the Balboa Peninsula and the City, and residents
of the City.
3. The juice bar will contribute to the revitalization of the commercial corridor along
this area of Newport Boulevard and is consistent with the goal of providing goods
and services to this area.
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 subject site is located in the CV (Commercial Visitor - Serving) Zoning
District. The proposed juice bar includes an area for incidental retail sales,
provides a maximum six seats for customers, and is allowed within the CV
Zoning District subject to approval of a minor use permit, because it is closer
than 500 feet from a residential zoning district.
2. The subject property is currently nonconforming for the following reasons: it is
developed to a 0.9 FAR, while the Zoning Code allows to a 0.5 FAR; residential
development is not a currently permitted use within the Zoning or General Plan
designations for the site; and nine parking spaces are provided for the
commercial uses on site, while 14 spaces are required. Because the parking
Zoning Administrator Resolution No. ZA 2012 -
Page 3 of 8
requirement for the previous use and proposed use remains the same (1 space
per 250 square feet), the proposed use is not considered to be an intensification
of the previous use and additional parking is not required.
3. The proposed project will comply with all applicable development standards
including those specific for the take -out service, limited eating and drinking use
classification including 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 hours of operation will be from 7:00 a.m. to 11:00 p.m. daily, which will allow
the opportunity to maximize, while still closing at an early hour to minimize
disturbances.
2. Properties adjacent to Newport Boulevard in this area are also designated CV
and the surrounding commercial corridor contains various retail and visitor
commercial uses including restaurants and take -out eating establishments, as
well as general office uses. The properties in the neighboring areas to the east
are zoned MU -W2 (Mixed -Use Water Related) and are developed with general
office, various personal service, retail, and restaurant uses on the ground level
and some have residential uses on the second level. Properties located to west
of the commercial properties along Newport Boulevard are zoned R -2 (Two -Unit
Residential) and some properties are located within a 500 foot radius of the
proposed project. The proposed project is compatible with the existing and
permitted uses within the surrounding 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
1. The interior tenant space will be improved with the appropriate plumbing and
utilities and will be permitted with approval of tenant improvement plans and
issuance of all building permits required.
2. The number of parking spaces required for the proposed use does not exceed
the number required for the previously existing use and there is adequate
circulation and some parking spaces for customers. The location of the project
Zoning Administrator Resolution No. ZA 2012 -
Page 4 of 8
at the intersection of 30th Street and Newport Boulevard also provides easy
accessibility for pedestrian traffic.
3. Adequate public and emergency vehicle access, public services, and utilities
are provided to the residences and establishments on the site.
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. The hours of operation are reasonable and consistent with the
neighborhood.
2. The take -out service limited, eating and drinking establishment will serve the
visitors to the Balboa Peninsula and City, as well as employees of the various
businesses in the area, and members of the surrounding residential
communities.
3. The applicant will obtain Health Department approval and must comply with the
California Building Code to ensure the safety and welfare of customers and
employees within the establishment.
4. The applicant is required to control trash and litter around the subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2012 -005, 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.
Zoning Administrator Resolution No. ZA 2012 -
Page 5 of 8
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF MAY, 2012.
0
Brenda Wisneski, AICP, Zoning Administrator
Zoning Administrator Resolution No. ZA 2012 -
Page 6 of 8
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 -005 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. A copy of these conditions of approval shall be incorporated into the Building Division
and field sets of plans prior to issuance of the building permits.
9. 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.
10. The take -out service, limited eating and drinking establishment shall be limited to six
seats.
Zoning Administrator Resolution No. ZA 2012 -
Page 7 of 8
11. The hours of operation for the eating and drinking establishment are limited from 7:00
a.m. to 11:00 p.m., daily.
12. 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.
13. No outside paging system shall be utilized in conjunction with this establishment.
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 Community
Development Director, and may require an amendment to this use permit.
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 Juice Bar including, but not limited to Use Permit
No. UP2012 -005 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 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 Division and Fire Department Conditions
16. 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.
17. 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 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.
18. The construction plans must meet all applicable State Disabilities Access requirements.
Zoning Administrator Resolution No. ZA 2012 -
Page 8 of 8
19. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
20. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Public Works Department Conditions
21. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
22. New and existing fire services, when required by the Fire Department, shall be
protected by a City approved double check detector assembled and installed per STD -
517 -L.
23. All new and existing commercial water meter(s) shall be protected by a City approved
reduced pressure backflow assembly and installed per STD - 520 -L -A.
24. Any changes to the existing parking lot design require review and approval from the
Public Works Department.
25. Prior to the issuance of building permits permits the applicant is responsible for all
upgrades to the City's utilities as required to fulfill the project's demand, if applicable.
26. New water services shall be installed per STD -502 -L or STD - 503 -L, depending on the
size.
27. Landscaping lines shall be protected by a dedicated City approved reduced pressure
backflow assembly.
28. New and existing sewer lateral shall have a cleanout installed per STD - 406 -L.
J'
Attachment No. ZA 2
Vicinity Map
VICINITY MAP
999 7 M
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� 3012
. -. .0 i`,
Minor Use Permit No. UP2012 -005
PA2012 -045
3000 Newport Boulevard
Attachment No. ZA 3
Project Plans
PROJECT DESCRIPTION: Applicant is proposing
to operate a retail juice bar for walk in traffic
with some incidental retail sales in an existing
vacant retail space at3000 Newport Boulevard,
Newport Beach, CA 92663. The juice bar will have
a maximum of 4 employees and will operate
from 7 am to 11 pm.
SPACE DESCRIPTION: The proposed juice bar will
occupy 1400sf of a total 2000sf commercial
in this existing building. The remaining 600 sf
is occupied by an existing hair salon. The existing
building was permited by the city and completed
in 2001.
PARKING: The 2000sf commercial space is served by
9 existing parking spaces in the rear of the building
off an alley.
OTHER BUILDING USES: There are two residential
units also permitted by the city above the commercial
space. Four residential parking spaces are provided.
BUILDING DATA
Lot Area
6224 sf
Lot Width
58' -74'
Lot Depth
93'
Setbacks
per code
Gross Floor Area
Commercial
2000 sf
Res Garage
400sf
Residential
3200 sf
TOTAL AREA
5600 sf
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Floor Area Ratio .9
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Commercial Parking 9
Residential Parking 4
Residential Units
(upper level) 2
ALLEY
1(HC) 3 5 7 ° 9
91_01, 8 -_6'- 8U_6" 1 6'_6" I 8'_6"
COMMERCIAL PARKING
GATE
2
4
6
8
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UTILITY STORAGE UTILITY E Arr
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PROPOSED JUICE BAR SPACE
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RESIDENTIAL PARKING
RESIDENTIAL GARAGE II RESIDENTIAL GARAGE
EXISTING
HAIR SALON
30TH STREET
RENTAL SPACE FOR
PROPOSED JUICE BAR
1400 sf
Existing Site and
Ground Floor plan
0 s is 25'
Legal Description:
Parcel 1, Parcel Map No 2005 -219
as per map thereof recorded in
Parcel Map Book 357, pages 14 and 15
of parcel maps in the office of the
Orange County, California Recorder
4/29/2012
sheet 1 of 3
THE SHED - Live /Worl< Building Proposed Juice Bar
3000 Newport Boulevard, Newport Beach, CA 92663 contact: Chase Bray 714 -715- 4570
SHEET OF 11
CONDOMINIUM PLAN
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PARCEL NO. 1
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PARCEL MAP NO. 2005 -219
SITE PLAN
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N89 °50'09"W 511.62' m Villa Way.
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Ngt N89 °50'09'W 74.57'
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R= 2]54.83'
L= 34.15'
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30TH. STREET
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PROPOSED JUICE BAR
1400 sf
0 5' 10'
Plan of Existing Space
Legal Description:
Parcel 1, Parcel Map No 2005-219
as per map thereof recorded in
Parcel Map Book 357, pages 14 and 15
of parcel maps in the office of the
Orange County, California Recorder
sheet 2 of 3
THE SHED - Live /Work Building Proposed Juice Bar
3000 Newport Boulevard, Newport Beach, CA 92663 contact: Chase Bray 714 -715- 4570
UTILITY
STORAGE
L - 2'11 —ie _I
existing shelving
,ter
ham
k
UTILIN ELEVATOR
SHAFT
p .. L _ 6. Wy scrape_
T I
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TOILET
`sue ROOM
El
STORE ROOM
F.
�erators
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EXISTING
HAIR
SALON
1�7�n
Net Public Area 590 sf
CNew 2x4 suspended ceiling
® Existing dry wall ceiling
Legal Description:
Parcel 1, Parcel Map No 2005-219
as per map thereof recorded in
Parcel Map Book 357, pages 14 and 15
of parcel maps in the office of the
Orange County, California Recorder
4/29/2012
THE SHED - Live /Work Building Proposed Juice Bar
3000 Newport Boulevard, Newport Beach, CA 92663 contact: Chase Bray 714 -715- 4570
Attachment No. ZA 4
Menu
Product Description
Healthy, nutrient rich beverages that excite the sense of taste and provide nourishment for increased v tality
Core Product
Fresh pressed juices and blends from dependable sources the,, deliver the highest quality vegetables and fruits available.
Menu Options
PorroVta will have pre - selected drink options that use vegetables and /or fruits the! are put togethe- and available to
select as a single beverage. PorroVda will also have custo-n drink options where the customer can select which fruits
and /or vegetables that they would like in their beverage.
PonoVita will have two core menu options. The two options are - Blended or Juiced. Blended beverages will consist of
raw fruits aria /or vegetables with a base juice that are blended together and served cold. Juiced beverages will consist of
raw frLdts and /or vegetables with no base Juice that are juiced and served cold.
pre—Selected Juices
The pre - selected Juice options are as follows:
Green Drink
Celery, Cucumber, Apple, Kale, Spinach
Uver Cleanse
Beet, Celery, Apple, Kale, Lemon, Ginger
Carrot Drink
Carrot, Cucumber, Apple, Beet, Celery. Kale
Power Punch
Beet, Kale, Spinach, Carrot, Ginger
PorroVita, Inc.
Morning Glory
Apple, Cucumber, Kate, Lemon, Ginger
PEC£IVEO 9y
COMMUNITY
MAY 0 2 2012
0 DEVELOPMENT Z,
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OA. NEWPORS 0
Custom Juices
The custom juice options can use any of the following vegetables and/or fruits as desired, minimum 3 options;
Custom Options:
Beet, Carrot, Celery, Cucu nber, Apple, Ginger, Kale, Spinach, Lemon, Peach, Pineapple
Pre- Selected Blends
The pre - selected blend options are as follows:
Custom Blends
The custom blend options can use any of the following vegetables and/or fruits as desired, minimum 3 options;
Custom options:
Beet, Carrot, Celery, Cucumber, Apple, Ginger, Kale, Spinach, Lemon, Strawberry, Blueberry, Banana, Pineapple,
Peach