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HomeMy WebLinkAboutZA2014-043 - SUITE #2 - MINOR USE PERMIT FOR JUICE BAR - 2744 Coast Hwy E RESOLUTION NO. ZA2014-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2014-036 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT USE (PUR JUICE BAR) LOCATED AT 2744 EAST COAST HIGHWAY, SUITE 2 (PA2014- 158) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jorden Segraves Architect Inc. on behalf of PUR Juice Bar, with respect to property located at 2744 East Coast Highway, Suite 2, and legally described as Parcel 1, of Parcel Map 137/39 requesting approval of a minor use permit. 2. The applicant proposes to convert a 650-square-foot, currently vacant tenant space to a take-out service, limited eating and drinking establishment. The tenant space will include a cold press/dry storage kitchen with no cooking provisions, service counter area, prep area, 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 CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Commercial Corridor). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 13, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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. Zoning Administrator Resolution No. ZA2014-043 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Findinq 1. The General Plan land use designation for the site is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed take-out service, limited use is consistent with the CC 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 Corona del Mar vicinity along East Coast Highway and are complimentary 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 CC (Commercial Corridor) Zoning District of the Newport Beach Zoning Code. This district is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 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. 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. Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Page 3 of 8 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. 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 for the currently vacant space that was previously occupied by a personal services use (650/250 = 3 spaces). 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 operation will consist of a kitchen with no cooking provisions, service counter area, prep area, and a customer seating area. A maximum of two employees will be present at any one time. As conditioned, the allowed hours of operation will be 6:00 a.m. to 6:00 p.m., daily, to allow for future flexibility while maintaining compatibility with the neighborhood. 2. The proposed take-out service, limited use will be complementary to the other uses in the commercial building, which include Personal Services (nail salon, tanning salon and Thai Yoga and massage), and one eating and drinking establishment (Summer House). 4. The proposed take-out service, limited use establishment located on East Coast Highway in Corona del Mar, will provide a service for residents of the neighborhood and visitors to the area, and will not require the provision of additional parking on-site due to the limited seating capacity and location near the corner of East Coast Highway and Goldenrod Avenue which provides on-street parking and walkability. 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 proposed project will be located in a tenant space within an existing commercial building and will involve improvements to the interior space. Adequate refuse storage Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Page 4 of 8 currently exists on-site. There are no proposed changes to the site or the exterior of the building. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and are accessed from East Coast Highway, Goldenrod Avenue, Fernleaf Avenue, or the alley at the rear of the site. 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. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and 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. 2. The restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. 4. 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. UP2014-036 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 following the date this Resolution was adopted unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 13T" DAY OF NOVEMBER, 2014. N re d Wisneski, AI P, Zoning Administrator Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2014-036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. The hours of operation for the establishment shall be limited to 6:00 a.m. through 6:00 p.m., daily. 7. The sale of alcohol shall not be permitted. 8. 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 use permit is acquired. 9. Employees shall park on-site at all times. 10. Live entertainment and dancing shall be prohibited as a part of the regular business operation. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this use permit or the processing of a new use permit. Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Page 7of8 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. 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. No outside paging system shall be utilized in conjunction with this establishment. 15. 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 solid lids of the trash dumpster's shall be closed at all times. 16. 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. 17. 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). 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2014-043 Pa e8of8 23. 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 PUR Juice Bar MUP including, but not limited to, the Minor Use Permit No. UP2014-036 (PA2014-158). 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. Building Division Conditions 24. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department including any new cooking provisions added to the kitchen facility. 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. Public Works Conditions 25. Sewer cleanout shall be required on existing sewer lateral servicing this suite. Tmplt:05/16/2012