Loading...
HomeMy WebLinkAboutZA2014-037 - MINOR USE PERMIT - 114 22nd St RESOLUTION NO. ZA2014-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-034 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 114 22ND STREET (PA2014-132) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Carlos A. Garcia, with respect to property located at 114 22"d Street, and legally described as Lot 13, Block 21, Newport Beach Tract requesting approval of a Minor Use Permit. 2. The applicant requests a Minor Use Permit for a take-out service, limited eating and drinking establishment. The applicant proposes to convert the existing retail sales suite into a fruit bowl, smoothie, and juice bar. The proposed hours of operation are 7:00 a.m. to 8:00 p.m., daily. 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-W). 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 October 16, 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 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. The subject application is for a change of use within an existing commercial building. Zoning Administrator Resolution No. ZA2014-037 Page 2 of 7 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: 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 the site is Mixed-Use Water-Related (MU- W2), 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. 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. 3. Eating and drinking establishments are common in the vicinity along West Balboa Boulevard and Newport Boulevard, and are 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 site is located within the Mixed-Use Water Related (MU-W2) Zoning District. This district applies to properties on or near the waterfront in which marine-related uses may be intermixed with general commercial uses, visitor-serving commercial uses, and residential dwelling units located on the upper floors. The proposed take-out service, limited use is consistent with the land uses allowed within this Zoning District, and the conditions of approval will ensure that the use is compatible with the adjacent residential areas. 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. The subject property is located within 500 feet of residential zoning districts, the closest of which is located on the opposite side of Balboa Boulevard on 21St Street to the east. 07-22-2014 Zoning Administrator Resolution No. ZA2014-037 Page 3 of 7 3. Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), take-out service, limited eating and drinking establishments are required to provide one parking space for every 250 square feet of gross floor area, which is the standard parking rate that applies to the previous retail sales use and the proposed use. The parking demand is not increasing and the proposed use is consistent with the parking requirements. 4. The proposed project is subject to and would operate in compliance with Section 20.48.090 (Eating and Drinking Establishments). No outdoor activities, late operations, alcohol sales, or outdoor dining are proposed as part of this application, but future changes would be required to be consistent with the Municipal Code. 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. Commercial and residential uses are allowed in the vicinity, including retail sales, personal service, restaurant, office, and residential uses. The subject property is located among other commercial and residential uses along Newport Boulevard, Balboa Boulevard, and 22nd Street. 2. The existing mixed-use building is not changing other than the proposed interior remodel for the subject suite as a result of this project. The existing building design, location, and size previously used for commercial uses have not proven detrimental to the nearby residential uses. The site is developed with a four-car tandem garage that provides two-car tandem parking for both the residential and commercial uses. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area within the garage, thereby preventing any odor or related issues for the residential use above the first floor. The subject suite is 826 square feet in gross floor area with 164.5 square feet proposed as net public (customer serving) area. 3. The operational characteristics of the proposed establishment, including the limited hours of operation of 7:00 a.m. to 9:00 p.m., would be that of a typical take-out service eating and drinking establishment that would serve residents, visitors, and employees. The proposed use would not increase the parking demand, have late hours of operation, include alcohol sales, nor create any adverse noise impacts outside of the establishment. Therefore, the operating characteristics would be compatible with the allowed commercial and residential uses in the vicinity. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-037 Page 4 of 7 Facts in Support of Finding: 1. The lot is 2,375 square feet in area (25' X 95'), rectangular in shape, located in a mixed-use area, and is developed with a mixed-use building and garage. The site has pedestrian access from the front along 22"d Street and vehicular access at the alley to the rear. 2. The site is developed with an existing mixed-use building that is not changing as a result of this project, other than the proposed interior remodel for the subject suite. The design, location, shape, and size have been suitable for the mixed-use structure and uses on-site, and would continue the existing provision of emergency vehicle access, public services, and utilities. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City-adopted version of the California Building Code. 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 proposed use is similar to and compatible with other commercial uses in the vicinity, and complements the retail sales and service uses in the immediate area. The use will serve nearby residents, employees, and visitors. 2. The proposed use would sell food and beverages for primarily off-site consumption with up to six (6) seats provided. 3. The proposed use would not increase the parking demand, not have late hours of operation, nor include alcohol sales. 4. The proposed use would not create any adverse noise impacts outside the establishment, and would be subject to the noise standards within the Municipal Code. 5. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area within the garage, thereby preventing any odor or related issues for the residential use above the first floor. 6. Compliance with the Municipal Code and the attached conditions of approval is required and will further ensure that the proposed use will not be detrimental. 07-22-2014 Zoning Administrator Resolution No. ZA2014-037 Page 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-034, 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 16th DAY OF OCTOBER, 2014. M *rendWisoneski,'Al P,Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2014-037 Page 6 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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 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 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. 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 Minor Use Permit. 6. 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. 7. 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. 8. The hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m., daily. 9. The project shall be limited to a maximum of six (6) seats. 10. No outside paging system shall be utilized in conjunction with this establishment. 11. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 07-22-2014 Zoning Administrator Resolution No. ZA2014-037 Page 7 of 7 12. 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. 13. 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). 14. 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. 15. 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 Minor Use Permit. 16. 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. 17. 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 Banzai Bowl Minor Use Permit including, but not limited to, Minor Use Permit No. UP2014-034. 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. 07-22-2014