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HomeMy WebLinkAbout01 - Bowl of Heaven MUP_PA2013-218COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 12, 2013 Agenda Item No. 1 SUBJECT: Bowl of Heaven MUP - (PA2013 -218) 1280 Bison Ave, Suite B -11 Minor Use Permit No. UP2013 -025 APPLICANT: Dan McCormick PLANNER: Jason Van Patten, Planning Technician (949) 644 -3234, jvanpatten @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: PC -5 (North Ford Planned Community) • General Plan: CG (General Commercial) PROJECT SUMMARY A minor use permit to convert a vacant 920 - square -foot tenant space within the Newport North Shopping Center into a take -out service limited, eating and drinking establishment (Bowl of Heaven). No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the application, and parking for the use will be provided in the shared shopping center parking lot. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2013 -025 (Attachment No. ZA 1). • The proposal is to convert a vacant (previously a hair salon) 920 square -foot tenant space into a take -out service limited, eating and drinking establishment that will serve Acai bowls, smoothies, and cold pressed juices. The proposed hours of operation will be from 8:00 a.m. to 8:00 p.m., Monday through Saturday. 1 2 Bowl of Heaven MUP (PA2013 -218) Zoning Administrator December 12, 2013 Page 2 No seating, no late hours (open beyond 11:00 p.m.), and no alcohol service are proposed as part of this application. In order to allow for future flexibility, conditions of approval have been included to allow up to a maximum of six seats and hours of operation between the hours of 7:00 a.m. and 11:00 p.m., daily. • The proposal complies with the Zoning Code standards for a take -out service limited, eating and drinking establishments, including the requirement not to exceed a maximum of six seats. • The subject property is located in Commercial Area 3 of the North Ford Planned Community (PC -5) Zoning District which is intended to allow light general commercial activities engaged in the sale of products to the general public. A take -out service limited, eating and drinking establishment is a permitted use with the approval of a minor use permit pursuant to the planned community regulations. • The property is designated General Commercial (CG) by the Land Use Element of the General Plan which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed establishment is a commercial use intended to serve the neighborhood, surrounding community, and visitors to the City of Newport Beach. Therefore, it is consistent with this land use category. • Parking for the proposed establishment is provided within the shared shopping center parking lot. The parking requirement for a take -out service limited, eating and drinking establishment is consistent with previous commercial tenant (1 space per 250 square feet), and does not necessitate additional parking on site. ENVIRONMENTAL REVIEW This project has been determined to be categorically exempt pursuant to the requirements of the California Environmental Quality Act Guidelines under Class 1 — (Existing Facilities). 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 with no expansion in use. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, 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 before the scheduled hearing, consistent with the provisions of the Municipal TmpIt:10 -15 -13 S Bowl of Heaven MUP (PA2013 -218) Zoning Administrator December 12, 2013 Page 3 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Prepared by: Jas Van Patten Planning Technician JM /jvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Project Plans TmpIt:10 -15 -13 21 Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2013 -0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -025 FOR A TAKE -OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 1280 BISON AVENUE, SUITE B -11 (PA2013 -218) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dan McCormick, with respect to property located at 1280 Bison Avenue, and legally described as Lot 6 of Tract No. 12309 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to convert a vacant tenant space within the Newport North Shopping Center into a take -out service limited, eating and drinking establishment (Bowl of Heaven). No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the application. 3. The subject property is located within the North Ford Planned Community (PC -5) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 12, 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. 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 interior alterations to convert a currently vacant commercial space into a take -out service limited, eating and drinking establishment. 7 Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 2 of 7 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: A -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. A -2. The proposed take -out service is a commercial activity intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area, and is therefore consistent with the CG designation. A -3. Eating and drinking establishments exist within the Newport North Shopping Center and the proposed take -out service would be complementary to the surrounding commercial and residential uses. A -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: B -1. The site is located in the North Ford Planned Community (PC -5) Zoning District. The proposed establishment which includes kitchen facilities, no seating, no alcohol service, and no late hours is a permitted use subject to the approval of a minor use permit in the PC -5 Zoning District. B -2. Parking for the proposed establishment is provided within the shared shopping center parking lot. The parking requirement for a take -out service limited, eating and drinking establishment (1 space per 250 square feet) is consistent with the previous commercial tenant (hair salon) and does not result in a requirement for additional parking. B -3. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments, including those specific to the take -out service limited use classification which includes a maximum of six seats. 10 -15 -2013 g Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 3 of 7 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 proposed take out service use is appropriate given the establishment will be located within an existing shopping center which is bounded by two major streets which provide convenient access to motorists, pedestrians, and bicyclists. C -2. The shopping center contains various retail, and visitor serving commercial uses including eating and drinking establishments. The proposed establishment is compatible with the existing and permitted uses within the area. C -3. The proposed hours of operation will be from 8:00 a.m. to 8:00 p.m., Monday through Saturday, which will minimize any disturbance on residences north and south of the site. C -4. The existing trash storage area is adequate to accommodate the proposed food service use and is conveniently located where materials can be deposited and collected, and does not impede with the parking spaces. 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. D -2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. D -3. Proposed site improvements will comply with all Building, Public Works, and Fire Codes. 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. 10 -15 -2013 9 Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 4 of 7 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 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. E -3. The take -out service limited, eating and drinking establishment will serve the surrounding commercial and residential community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -025, subject to the conditions set forth in Exhibit A, which is 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 Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 12'h DAY OF DECEMBER, 2013. am Brenda Wisneski, AICP, Zoning Administrator 10 -15 -2013 10 Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 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. Minor Use Permit No. UP2013 -025 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. 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. 4. 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 6. Incidental seating for up to a maximum of six seats may be provided for on -site consumption of food or beverage. 7. The sale of alcoholic beverages shall be prohibited unless an amendment to this Minor Use Permit or other required application is first approved in accordance with the provisions of the Municipal Code. 8. The hours of operation are limited to between 7:00 a.m. and 11:00 p.m. daily. 9. 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. 10. The applicant is required to obtain a valid Business License Tax Certificate from the City's Revenue Department. 11. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 10 -15 -2013 11 Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 6 of 7 12. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 13. 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 time periods unless the ambient noise level is higher: 14. 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 the leasing agent. 15. The applicant is required to obtain all applicable permits from the City's Building Department and Fire Department. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 16. 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. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. 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. 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. 10 -15 -2013 12 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. 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 the leasing agent. 15. The applicant is required to obtain all applicable permits from the City's Building Department and Fire Department. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 16. 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. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. 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. 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. 10 -15 -2013 12 Zoning Administrator Resolution No. ZA2013 -0 ## Paqe 7 of 7 21. 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). 22. 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. 23. 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. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. 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. 26. 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 Bowl of Heaven MUP including, but not limited to, the UP2013 -025 (PA2013 -218). 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. 10 -15 -2013 13 14 Attachment No. ZA 2 Vicinity Map 15 10 Attachment No. ZA 3 Applicant's Project Description 17 12 �� r+� Cafe Concepts, Inc. 40 It Inc. 30366 92688-2118 Concepts IRancho Santa Margarita, : 9.273.8342 � "I'el: 949.273.8360 Fax: 949.273.8342 '� �4�8 gdeeign PROJECT DESCRIPTION AND JUSTIFICATION Bowl of Heaven, Newport Beach 1280 Bison Ave. Ste. B -11 Newport Beach, CA. 92660 Bowl of Heaven, in an attempt to spread the joy of blended exotic super -foods and fruits to the Newport community, requests a Minor Use Permit to allow the installation of this location. This document is intended to serve as a formal statement, including relevant information, which will serve as justification to the approving authority on what the project is and why it should be approved. This project is a Juice and Super -fruit inspired restaurant that will provide Acai Bowls, Smoothies, and Cold Pressed Juices to the Newport Community. The location is 920 square feet and is situated in a shopping center that includes many complementary venues that will benefit from the additional traffic produced by Bowl of Heaven patrons. The product is produced in the store with no cooking, so no outside or additional rooftop equipment is necessary. The use of the space is consistent with the General Plan, is allowed within the applicable zoning district, and complies with all other applicable provisions of the Zoning and Municipal Code. The design location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Due to the fact this an inside Tenant Improvement, and no construction will be done outside the suite; it should have no impact on the provision of public and vehicle (e.g., fire and medical) access and public services and utilities. The hours of operation will be 8:00 AM — 8:00 PM M -S, and closed on Sunday. This should lend to the belief the site will not be detrimental to the harmonious and orderly growth of the City, and will not 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. This use is also pursuant to Section 20.52.030H of the Residential Zoning District. PA2013 -218 for UP2013 -025 1280 Bison Ave Dan McCormick COmmuNfry OCT 2 2 2013 C+, DEVELOPMENT G.T ~Op NEWPOO a, Rancho Santa Margarita, California 92688 19.273.8360 fax: 949.273.8342 19 20 Attachment No. ZA 4 Project Plans 21 BOWL OF HEAVEN - TENANT IMPROVEMENT PLANS 1280 BISON AVE. SUITE B NEWPORT BEACH CA 92660 3 -11 GENERALNOTES PAINTAWALL COV.ANINDOW COV. NOTES T -24 CONST• COMPLIANCE STATEMENTS TELELPHONE B ELECTRICAL LEGEND REFLECTED CEILING LEGEND B NOTES SHEET INDEX = ",. .a•:,�w.rom.w..,,,¢m.. „m��°¢` �� CAR INETI MILLWORK NOTES �s ° .. »..,n... MVe v t = .00�m¢�. tea. ® .«a,¢,m,.. -��, ar.,m PROJECTDATA ... °,° °.m ro ..�.. a,w ,,,.:... r..,,w�m.om,: �6 a,w.....� :y�•"°°'w a e,..¢ro,m..,.u=•, ®..,a ro,.. ..¢ ,¢,ro..w� ,a wwma. ® IT °.°,x.,m..4 .w ".- wr- ,•..'.¢s.mw. w.mro" ° FLOOR COVERING NOTES DOOR LEGEND &NOTES CONSTRUCTION LEGEND SYMBOLS SCOPE OF WORK x- • -•••- c,.m...a N _ �APPLICABIECODES �� � ° m tlW �,p ma r.,.., maR cu .n»as �x...,r...ee..ra N ®,om :,.s,,m.x "BUILDING .¢...,..m.�m.,. mew ".. II .... L IT . °... a. ° m. ram .n,°�,,.m,a °""'�..><' °'"'m'• =92 �.� O �aDEFERREOSUBMITTALS ez CODE REQUIREMENTSM ero HEALTH DEPT. 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