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HomeMy WebLinkAboutZA2013-077 - Approved UP2013-020 104 McFadden PlaceRESOLUTION NO. ZA2013 -077 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -020 FOR A TAKE -OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT USE (NEWPORT COFFEE COMPANY) LOCATED AT 104 MCFADDEN PLACE (PA2013- 202) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alex Farman, with respect to property located at 104 McFadden Avenue, and legally described as Lot 7 of Block 20, of First Addition to Newport Beach, recorded in Book 3, Page 27 of Misc. Maps records of Orange County, California requesting approval of a minor use permit. 2. The applicant proposes to convert an existing retail use to a new take -out service, limited eating and drinking establishment. The existing 625 - square -foot tenant space will include a kitchen, coffee bar area, restroom, and a customer seating area with a maximum of six seats. No late hours (after 11:00 p.m.) or alcohol sales are proposed. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU -W). 5. A public hearing was held on November 14, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 1 — (Existing Facilities). 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 commercial space and related parking lot with no expansion in use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2013 -077 Paqe 2 of 8 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in SuDDort of Findina: A -1. The General Plan land use designation for the site is MU -W2 (Mixed -Use Water - Related), which applies to properties on or near the waterfront in which marine - related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. A -2 The proposed take -out service, limited use is consistent with the MU -W2 land use designation as it is intended to provide a service to visitors and residents within the immediate area. A -3. Eating and drinking establishments are common in the vicinity along McFadden Place and are complimentary to the surrounding commercial and residential uses. A -4. The subject property is not part of a specific plan area. Finding: 8. 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 SuDDort of Findina: B -1. The site is located within the Mixed -Use Water Related (MU -W2) Zoning District of the Newport Beach Zoning Code. This district applies to properties on or near the waterfront in which marine - related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. The proposed take -out service, limited use is consistent with the land uses permitted within this zoning district, and the conditions of approval will ensure that the use is compatible with the adjacent residential areas. B -2 Pursuant to Section 20.22.020 (Table 2 -9 Allowed Uses and Permit Requirements), the proposed take -out service, limited use requires approval of a minor use permit when located within 500 feet of a residential zoning district. B -3 Pursuant to Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs. Take -out service, limited uses have a required parking ratio of one space per 250 square feet of gross floor area. B -4 The proposed project complies with the requirements of Section 20.38.060 (Nonconforming Parking) because the square footage of the existing suite will not be increased and the take -out service, limited use requires the same number of parking spaces required as the currently vacant retail space (625 s.f./250 =25 parking spaces). Zoning Administrator Resolution No. ZA2013 -077 Paqe 3 of 8 B -5 Pursuant to Municipal Code Section 20.40.110, one space will be eliminated in order to comply with Americans with Disability Act (ADA) handicapped parking requirements associated with tenant improvements. B -6. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in SUDDort of Findina: C -1. The proposed take -out service, limited use is appropriate given the site is located adjacent to McFadden square and the Newport Pier which provides convenient access to motorists, pedestrians, and bicyclists visiting the area. C -2. The proposed take -out service, limited use will be complementary to the other uses in the surrounding area, which includes various business office, retail, and visitor serving commercial uses including eating and drinking establishments. The proposed use is compatible with the existing and permitted uses within the area. C -3. The proposed establishment is located close to the boardwalk and Newport Pier, will provide a service for residents of the neighborhood and visitors to the area, and will not require the provision of additional parking spaces on -site due to the limited seating capacity. Furthermore, its close proximity to the boardwalk is anticipated to yield walking and biking customers. 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 Surmort of Findina: D -1. The proposed project will be located within an existing commercial space of a mixed - use building and will primarily involve improvements to the interior space. Exterior changes to the site include improvements to the existing trash enclosure, screening of the proposed mechanical equipment, and landscaping planters along both sides of the driveway entrance as required by conditions of approval. D -2. Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed from McFadden Place, Court Avenue, and West Ocean Front. D -3. 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. Zoning Administrator Resolution No. ZA2013 -077 Paqe 4 of 8 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: E -1. The project has been reviewed and this approval includes conditions 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 restrictions on seating prevent adverse traffic impacts for the surrounding residential and commercial uses. E -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. l:•y ME" I[*]►[ ED] 0][.y[*L1 NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -020, subject to the conditions set forth in Exhibit A, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2013 Wisneski, AIPP, Zoning Administrator Zoning Administrator Resolution No. ZA2013 -077 Paqe 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Plannina Division Conditions 1. The development shall be in substantial conformance with the approved site plan, and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed use 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, may require an amendment to this Minor Use Permit or the processing of a new use permit. 4. Minor Use Permit No. UP2013 -020 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 Minor Use Permit. 8. A copy of this Resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Live entertainment and dancing shall be prohibited as a part of the regular business operation. 10. The sale of alcoholic beverages shall be prohibited. 11. The maximum number of seats allowed within the eating and drinking establishment shall be six (6). No outdoor seating is permitted unless an amendment to this Minor Use Permit is approved. 12. The hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m, daily. 13. No outside paging system shall be utilized in conjunction with this establishment. Zoning Administrator Resolution No. ZA2013 -077 Paqe 6 of 8 14. The applicant shall take reasonable steps to ensure that noise created by music and or video in the interior of the establishment does not impact surrounding residential land uses. 15. A landscape planter shall be provided on both sides of the driveway entrance. Landscaping shall be limited to ground cover or similar planting not to exceed 24" in height. 16. The proposed roof - mounted mechanical equipment shall be screened so as not to be visible in any direction (360 degrees) from a public right -of -way or adjacent residential property, as may be seen from a point six feet above ground level. Screening shall be compatible with the architectural style, materials, and color of the building upon which the equipment is located, subject to the review and approval of the Planning Division. 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. All trash shall be stored within the building or within the existing 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 solid roof for weather protection and screening purposes, unless otherwise approved by the Planning Division. 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 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 20. 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. 21. 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 Minor Use Permit. 22. 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. 23. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 24. 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 Zoning Administrator Resolution No. ZA2013 -077 Paqe 7 of 8 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 Sessions Sandwiches Minor Use Permit including, but not limited to, the UP2013 -020 (PA2013 -202). 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. Buildina and Fire Deaartment Conditions 25. 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 exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 26. The construction plans must meet all applicable State Disabilities Access requirements. 27. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 28. All exits shall remain free of obstructions and available for ingress and egress at all times. 29. 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 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 Sundays or Holidays. Revenue Division Conditions 30. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Public Works Department Conditions 31. All improvements shall be constructed as required by Ordinance and the Public Works Department. 32. An encroachment permit is required for all work activities within the public right -of -way. Zoning Administrator Resolution No. ZA2013 -077 Paqe 8 of 8 33. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 34. All on -site drainage shall comply with the latest City Water Quality requirements.