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HomeMy WebLinkAbout03 - Pressed Juicery - PA2014-114 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT 9 PLANNING DIVISION u x $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c9LIFOR www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 14, 2014 Agenda Item No. 3 SUBJECT: Pressed Juicery - (PA2014-114) 1116 Irvine Avenue Minor Use Permit No. UP2014-028 APPLICANT: Pirzadeh & Associates, Inc. PLANNER: Jason Van Patten, Planning Technician (949) 644-3234, jvanpatten@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: CN (Commercial Neighborhood) • General Plan: CN (Neighborhood Commercial) PROJECT SUMMARY A minor use permit to allow the operation of a take-out service limited, eating and drinking establishment within the Westcliff Plaza shopping center. 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. UP2014-028 (Attachment No. ZA 1). DISCUSSION • The proposal is to convert a vacant 975-square-foot retail tenant space (formerly Champagne — clothing) into a take-out service limited, eating and drinking establishment that will serve smoothies and cold pressed juices. The proposed hours of operation are 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 7:00 p.m. Saturday and Sunday. No seating, no late hours (after 11:00 1 INTENTIONALLY BLANK PAGE Pressed Juicery Zoning Administrator, August 14, 2014 Page 2 p.m.), and no alcohol service are proposed as part of this application. In order to allow for future flexibility, conditions of approval are included allowing up to a maximum of six seats and hours of operation between 7:00 a.m. and 11:00 p.m. daily. • The proposal complies with Zoning Code standards for a take-out service limited, eating and drinking establishment, including the requirement not to exceed a maximum of six seats. • The subject property is located in the Commercial Neighborhood (CN) Zoning District which 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. A take-out service limited, eating and drinking establishment is a permitted use within the Zoning District, subject to the approval of a minor use permit pursuant to Table 2-5 of Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). • The property is designated Neighborhood Commercial (CN) by the Land Use Element of the General Plan which is consistent in intent with the CN Zoning District. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the use 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 (1 space per 250 square feet) is the same standard required of the previous retail tenant, and does not necessitate additional parking on site. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior improvements to convert a previous retail use to a take-out service limited, eating and drinking establishment and involves no expansion in floor area or change in parking requirement. 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 3 Pressed Juicery Zoning Administrator, August 14, 2014 Page 3 10 days before the scheduled hearing, consistent with the provisions of the Municipal 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: I Jas g.,'Van Patten Planning Technician Jwjvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 INTENTIONALLY BLANK PAGE RESOLUTION NO. ZA2014-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-028 FOR A TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 1116 IRVINE AVENUE (PA2014-114) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pirzadeh and Associates, Inc., with respect to property located at 1116 Irvine Avenue, and legally described as a portion of Lot 5 in Tract No. 4824 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of a take-out service limited, eating and drinking establishment within the Westcliff Plaza shopping center. 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. 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 August 14, 2014, 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 Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior improvements to convert a previous retail use to a take-out service limited, eating and drinking establishment and involves no expansion in floor area or change in parking requirement. Zoning Administrator Resolution No. ZA2014-0## Page 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: 1. The General Plan designates the site as Neighborhood Commercial (CN) which is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. 2. The proposed establishment will occupy a tenant space within the Westcliff Plaza shopping center and is 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 CN designation. 3. A variety of eating and drinking establishments exist within the shopping center and the proposed take-out service would be complementary to the surrounding commercial and residential uses. 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 property is located in the Commercial Neighborhood (CN) 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 pursuant to Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). 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 the same standard required of the previous retail tenant, and does not necessitate additional parking on site. 8 Zoning Administrator Resolution No. ZA2014-0## Page 3 of 7 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. 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 proposed take-out service use is appropriate given the establishment will be located within an existing shopping center accessible from three streets (Irvine Avenue, Westcliff Drive, and Rutland Road), which provides convenient access to motorists, pedestrians, and bicyclists. 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. 3. As conditioned, the allowed hours of operation will be 7:00 a.m. to 11:00 p.m. daily, which will minimize any disturbance to residences residing near the property. 4. The existing trash storage area at the rear of the property 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: 1. The existing parking lot provides adequate circulation and parking spaces for patrons. 2. The site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. 3. Proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. 9 Zoning Administrator Resolution No. ZA2014-0## Page 4of7 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The take-out service limited, eating and drinking establishment will occupy property within an existing shopping center that has not proven to be detrimental to the occupants of the property or nearby properties. 2. 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. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-028, 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 fourteen (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. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST, 2014. By: Brenda Wisneski, AICP, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2014-0## Page 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. 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. The 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 is 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, shall require an amendment to the Minor Use Permit or the processing of a new use permit. 5. 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. 6. Incidental seating for up to a maximum of six (6) 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 the 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. 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. 10. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 11. 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. 11 Zoning Administrator Resolution No. ZA2014-0## Page 6 of 7 12. 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: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 45dBA 60dBA 45dBA 50dBA feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 13. 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. 14. 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 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. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities 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. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 18. A gate shall be installed to enclose the existing trash enclosure and shall be locked when not in use. 19. The applicant is required to provide a decorative solid roof above the trash enclosure for aesthetic and screening purposes. 20. 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. 12 Zoning Administrator Resolution No. ZA2014-0## Page 7 of 7 21. 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 twenty (20) feet of the premises. 22. 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). 23. 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. 24. 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. 25. 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. 26. This approval shall expire and become void unless exercised within twenty-four (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. 27. 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 Pressed Juicery including, but not limited to, UP2014-028 (PA2014-114). 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. 13 INTENTIONALLY BLANK PAGE 14 Attachment No. ZA 2 Vicinity Map 15 INTENTIONALLY BLANK PAGE 20 1 cq@ Hid 4. 1� ' "ZIT, S y rry ids, a r3' nR, 1 'Subject Property M1e � 1fe r. '4 f QO Q 'k � s f' 1fiP rse �R. FoT mo °A ♦/ •�t a �° Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to �aPogr any results obtained in its use. ° m 0 151 302 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 7/14/2014 27 INTENTIONALLY BLANK PAGE 28 Attachment No. ZA 3 Applicant's Project Description 19 INTENTIONALLY BLANK PAGE 20 PA2014-114 p--- •rzae 30 Executive Park t:(949)851-1367 suite 270 f:(sas)651-5179 m ,1 5 5 0 0 1 1'r F s. I n c. Irvine,CA 92614-4726 vmv.pivadeh.corn July 7, 2014 Ms. Kimberly Brandt, AICP Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Subject: Minor Use Permit Application (Pressed Juicery) 1116 Irvine Avenue, Westcliff Plaza Dear Ms. Brandt: On behalf of Irvine Company Retail Properties we are pleased to submit this Minor Use Permit application for Pressed Juicery at 1116 Irvine Avenue, which is located within Westcliff Plaza. Westcliff Plaza is located at the northeast corner of Irvine Avenue and Westcliff Drive, which is within the Commercial Neighborhood (CN) Zoning District. The center is bounded by Irvine Avenue to the west, residential development to the north, Rutland Road to the east and Westcliff Drive to the south. Background The site is designated in the City's General Plan as Neighborhood Commercial (NC) and Commercial Neighborhood (CN) in the City's Zoning Code that is intended to provide a limited range of retail and service uses to serve the needs of, and maintain compatibility with the commercial and residential uses in the immediate area. The General Plan development limit (Table LU2 —Anomaly Locations, Anomaly No. 66) for Westcliff Plaza is 138,500 square feet whereas the existing center contains 113,382 square feet that is comprised of a variety of uses that include; retail, financial, food, service, and health/fitness uses, see Attachment 1. Proposed Proiect The proposed project is located within an existing retail center and there are no modifications proposed that will increase the existing floor area beyond what currently exists. A take-out service, limited food establishment is a conditionally permitted use (MUP) in the Commercial Neighborhood (CN) Zoning District as it is located within 500- feet of a residential zoning district. The Minor Use Permit application is to establish and operate a 975 square foot take-out service, limited eating and drinking establishment, Pressed Juicery, at 1116 Irvine Avenue in a suite that was formerly occupied by Champagne, a retail clothing shop. Pressed Juicery is a California based retailer that was founded in 2010 that specializes in fresh and pre-packaged items. The Pnnx!llrnmgrmenr Tmruponnrinn Plnrmirg S 1:'nFincenng CowmnMnl Lini+nn 21 PA2014-114 Ms. Kimberley Brandt, AICP Page 2 July 7, 2014 shop features smoothies and premium cold-pressed juices that are blended daily and personalized to fit an individual's lifestyle. The initial hours of operation are intended to be: Monday thru Friday between 7:00 AM to 8:00 PM and, Saturday and Sunday between 8:00 AM and 7:00 PM. Presently, Pressed Juicery operates 19 stores in northern and southern California at locations such as the Ferry Building at Fisherman's Wharf in San Francisco, Bedford Avenue, Beverly Hills and State Street in Santa Barbara, California. The proposed shop in Westcliff Plaza will be Pressed Juicery's first venture into Orange County with two additional stores planned for 2014. The modifications to the tenant space will be primarily interior that includes approximately 220 square feet of Net Public Area and 775 square feet of service area. The sales are for off- site consumption and, although up to six (6) seats can be provided for incidental seating no seating is being proposed at this time. There are no exterior modifications proposed to the storefront. Any signage for the proposed use is not part of this Minor Use Permit application and is subject to a separate application and review process. There are 562 existing parking spaces available at Westcliff Plaza. The existing mix of uses requires 538 parking spaces that results in a parking surplus of 24 parking spaces. The general parking rate for Westcliff Plaza is one parking space per 250 square feet of floor area, see Attachment 1. The previous use, Champagne's required four (4) parking spaces. Consistent with Chapter 20.40 of the Zoning Code entitled "Off-Street Parking" the parking rate for the proposed take-out service, limited food establishment is also one parking space per 250 square feet of floor area. Therefore, the proposed use will require the same number of parking spaces as the previous retail use. Therefore, the parking supply for the center will not be negatively affected by the proposed use and will maintain a surplus of 24 parking spaces. Conclusion The request to establish and operate a take-out service, limited food establishment at Westcliff Plaza is consistent with the requirements of the City's General Plan and Zoning Code. Westcliff Plaza is intended to provide a limited range of retail and service uses to serve the needs of, and maintain compatibility with the surrounding residential community. Westcliff Plaza is an existing retail center and the proposed project does not change the primary use, increase the square footage beyond what exists and, does not modify the original intent of the underlying approval. There is adequate parking to accommodate the existing and proposed uses while maintaining a surplus of 24 parking spaces. The following documents are enclosed: 1. Completed Planning Permit Application. 2. Letter of Justification and Findings 22 PA2014-114 Ms. Kimberley Brandt, AICP Page 3 July 7, 2014 3. Three (3) full-size and four (4) half-size copies of the plans for Pressed Juicery. 4. Preliminary Title Report. 5. A check in the amount of$2,047.00 made payable to the City of Newport Beach. 6. Public Notice Material. 7. One (1) CD containing submittal information. Mraberely, we look forward to working with staff in the review of this application and your recommendation for approval to the Zoning Administrator. Please call me if you have any questions regarding the enclosed application, or if you need any additional information. Sincerely, Peter K. Pirzadeh, P.E. Principal On behalf of Irvine Company Retail Properties Enclosures c: Tim Murphy, Irvine Company Retail Properties (w/o encl.) Gina DiNapole, Irvine Company Retail Properties PAI 1370(3)-WestcliffPlnzad uice ry-07072014-10 ra ndt-1 stSubmittal-Itr.psk 2S INTENTIONALLY BLANK PAGE 24 PA2014-114 i_ ' 30 Executive Park is(949)851-1367 ..o = lrza e Suite 270 f..(949)851-5179 n Irvine,CA 92614-4726 v✓ww.piaadeh.com Letter of Justification and Findings Minor Use Permit Pressed Juicery— 1116 Irvine Avenue Westcliff Plaza July 7, 2014 1. The use is consistent with the General Plan and any applicable specific plan. The proposed take-out service, limited eating and drinking establishment is consistent with the Neighborhood Commercial (CN) land use designation of the General Plan that is intended to provide for a limited range of retail and service uses oriented to primarily serve the needs and maintain compatibility with the adjacent commercial and residential uses in the surrounding area. The project site is not governed by an underlying specific plan. The proposed take-out service, limited eating and drinking establishment will be located within Westcliff Plaza, which is an existing retail center that contains a variety of retail, food, service, office and, health/fitness uses to serve the needs of the community. The proposed project is compatible with similar land uses typically found in retail centers and is consistent with the intent of the City's development objectives to promote an integration of compatible uses and provides a service for the community. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Take-out service, limited eating and drinking establishments are approved uses within the Commercial Neighborhood zoning designation contained in the Zoning Code. The proposed project will comply with all State, County, and City regulations, where applicable, ensuring the public health, safety and welfare of the community is well protected and enhanced. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. The proposed take-out service, limited eating and drinking establishment will be located in an existing suite within Westcliff Plaza. Therefore, the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. The type of operation associated with the use is mainly take-out that offers a limited menu and will serve patrons working and/or visiting the center or living in the adjacent residential areas. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g. fire and medical) access and public service. Pt'yen d ..u%'emem 'Wi nspnnminn Ph,nniq d Cnt4neenn, Qn emmem Linismr �� PA2014-114 Letter of Justification and Findings Page 2 July 7, 2014 The proposed take-out service, limited eating and drinking establishment will be located within an existing retail center and will not require any additional and/or modification to infrastructure improvements or, require additional services for its operation. The site is fully developed and has adequate pedestrian and vehicle connectivity to the adjacent residential developments, and to the public sidewalk and roadway network along Irvine Avenue, Westcliff Drive and Rutland Road. A network of on-site drive aisles provides access to the parking fields including accessible parking spaces and to the areas behind the in-line retail stores. 5. Operation of the uses 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed take-out service, limited eating and drinking establishment will provide an amenity for the local workforce, patrons to the center and, residents living in the adjacent residential communities and therefore, will be an enhancement to the surrounding area. 20 Attachment No. ZA 4 Project Plans 27 INTENTIONALLY BLANK PAGE 22 PA2014- 114 Attachment No . ZA 4 - Project Plans WESTCLIFF RUTLAND ROAD N 60'-Y 48'-3" 263 15-10" 2315' 21'6` b H Z 0 CROWN ACECVS 0 HARDWARE m BANK OF ULTA N 0 a w N AMERICA w LL 1100 = o � oN � 1024 1020 1016 � W � N w � Y O o m z o � z 80'S' 2B'S" 243" 21'E" 1B-0" CORE REFORM ,§n PILATES I°"" W 02 9 / 70-10` PATIO - LL Q 1104 �.L THE COUNTER S CUSTOM BUILT BURGERS LL PROJECT LOCATION & J (PRESSED JUICERY) ,,,2 U PICK UP STIX /v�^J 1116 55 PRESSED JUICERY — 975 SF w 1120 w CHRONICTACOS a 1124 zPlzu 1126A EXISTING SCREENED PANDER ARTISAN TRASH ENCLOSURE BOULANGERIE&CAFE w 1128A COFFEE BEAN 8 EA LEAF 1130 ANTHONY'S S OF REPAIR 1132 NEWPORT NAILS 150'-P RALPHS 1150 San Diego Fwy 1405 73 Fwy 353 d CHASE BANK E soja" 1000 3nest ■weaalaD 4,000 SF O N Padle Coast Hwy Map not to scale Newport Beach, CA •-THE IRVINE COMPANY ULC,2009L ALL RIGHTS RESERVED.FASHION ISLAND IS A REGISTERED TRADEMARK OF THE IRVINE COMPANY.THIS INFORMATION IS COMPILED FROM DATA BELIEVED TO BE CORRECT,BUTTHIS IRVINE AVENUE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF SUCH DATA.ALL PROPERTIES OFFERED FOR LEASE BY IRVINE REALTY COMPANY,A LICENSED REAL ESTATE BROKER.LIC. 01521891 THIS IS A LOCATION, NUMATICPL IN EXTENT OF ONLY TO SHOW THE IMPROVEMENTS EGENEN HEREON S F THEWELL SHOPPINGCENTERITIONA AND THE PROVEMNTSLNDLORD TION OF MAY ELIMHE INATE, ADD OATEANT ANYTIMIMPROVEMENTMAY S TO ANY PORTION IRVINE COMPANY RETAIL LOCATION,NUMBER AND EMTENOF THE IMPROVEMENTS SHOWN HEREON,AS WELL AS ANY ADDITIONAL IMPROVEMENTS.LANDLORD LOC MAY ELIMINATE,ADD ES RELOCATE ANY IMPROVEMENTS TO ANY PORTION HE E. THE SHOPPING CENTER,INCLUDING,WITHOUT LIMITATION,BUILDINGS,PARKING AREAS OR STRUCTURES,ROADWAYS,CURB CUTS,TEMPORARY OR PERMANENT KIOSKS,DISPLAYS OR STANDS,AND MAY ADD LAND TO AND/OR WITHDRAW LAND FROM THE SHOPPING CENTER.PLAN MOTTO SCALE. Skce m4 PROPERTIES FIRST SUBMITTAL JULYS?, 2014 INTENTIONALLY BLANK PAGE 30 PA2014-114 Attachment No. ZA 4 - Project Plans A2.1/13 A2.1/11 14'-5" VIF D.03 Y AI CURTAIN BV 24 X 60 C < TABLE m0 XZ m > LL J = 105 CP MANAGER'S AREA ao y QUARRY TILE a 142 SF p Q <o U XZ OD E-PANEL U) 7-1V M riv 106 ` RESTROOM WATERPROOFING co / QUARRY TILE @FLOORS 51 SF q SEE A2.2/01 D.04 1 18X60 Y a 103 SHELVING RACK X z DRY STORAGE AREA QUARRY TILE X -Z w 236 SF m � J 2 w U) S Y y Q U p Q p p (D p (D XZ XOD 5Z r J 00 j LL LL > = 18X60 � _ ' riN U SHELVING RACK M Cl) o> to — 7'-10" 104 WALK-IN FRIDGE QUARRY TILE 65 SF - 3-COMP SINK i N HAND SINK � ' SPLASH GUARD / T 102 z ♦ E PREP AREA TN j/UARRY TILE PREP SINK P.91 1 183 SF 12 SHELF ABV @72" WH WATERPROOFING ABV FD i @ FLOORS Aji eF O O p �. J J U k } bt 8 /e 83 6'-22'CLEAR 9q" 3'CLtAR PROJECT DATA POS POS CO TER OPPING PROJECT ADDRESS: N @g WESTCLIFF PLAZA SNEEZE 1116 IRVINE AVENUE GUARD NEWPORT BEACH, CA 92660 SCOPE OF PROJECT: INTERIOR TENANT IMPROVEMENT OF FIRST FLOOR RETAIL SPACE IN C? EXISTING BUILDING in 101 GROSS LEASABLE AREA: STORE 975 SF HONED CONC 220SF NET USEABLE AREA: 897 SF E) D.01 (E)STOREFRONT STORE FRONT: 220 SF PREP/KITCHEN: 183 SF 11'-5" VIF 3' STORAGE: 236 SF OTHER:258 SF NO SEATING N� A2.1/13 A2.1/11 Jule W PRESSED JUICERY FLOOR PLAN 01 a o CFl '9A CK TO*40 FIRST SUBMITTAL JULY 7, 2014