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HomeMy WebLinkAboutZA2015-014 - MUP SUITE B - DAMASQ CAFE- TAKE OUT SERVICE, LIMITED - 3601 Coast Hwy E RESOLUTION NO. ZA2015-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-004 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 3601 E. COAST HIGHWAY (PA2015-007) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jamal Diab, with respect to property located at 3601 E. Coast Highway, and legally described as Lot 1 and Lot 2, Block AA in Tract No. 323 requesting approval of a Minor Use Permit. 2. The applicant proposes to convert an 850-square-foot existing commercial retail space into a take-out service, limited eating and drinking establishment. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B) - (0.0 - 0.75 FAR). 5. A public hearing was held on March 26, 2015, in the Corona del Mar Conference Room (Bay E-1 st 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to improve an existing commercial space to an eating and drinking establishment. 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: Zoning Administrator Resolution No. ZA2015-014 Page 2 of 8 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 CC (Corridor Commercial), which applies to properties 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 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 in Commercial Corridor (CC) Zoning District which was intended to provide commercial uses. The proposed eating and drinking establishment — 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 2-5 Allowed Uses and Permit Requirements), the proposed project requires approval of a minor use permit. 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, and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. Eating and drinking establishment — take-out service, limited use 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; the eating and drinking establishment—take-out service, limited use requires the same number of parking spaces required for the existing retail space (850/250 = 4 spaces). 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 3 of 8 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 project involves improvements to an existing retail space to construct kitchen facilities for the new establishment. The 17 existing parking spaces on site will be maintained. 2. The proposed operation will consist of a kitchen, storage area, customer service area with a counter, and a restroom. A maximum of five employees will be present at any one time. The proposed hours of operation will be 10:00 a.m. to 10:00 p.m., seven days per week. 3. The proposed eating and drinking establishment — take-out service, limited use will be complementary to the other uses in the commercial building, which include retail stores, a hair and nail salon and an eating and drinking establishment. 4. The proposed eating and drinking establishment — take-out service, limited use will provide a convenience for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces on the site. 5. The proposed eating and drinking establishment — take-out service, limited use will be located within an existing commercial space of a commercial building on a site located along the Commercial Corridor of Corona del Mar. Due to its location along Coast Highway, opportunities for on-street parking will be available. Furthermore, this area is known to yield walking and biking customers. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The proposed project will be located in an existing commercial tenant space and will involve improvements of the space to construct kitchen facilities. 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, Orchid Avenue or the alley at the rear of the site. 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 4 of 8 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. 3. The proposed food service, eating and drinking establishment will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space, and provide additional services to the residents and visitors alike. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Application No. UP2015-004, 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 Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF MARCH, 2015. fi re d Wisneski, Al P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. UP2015-004 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 10:00 a.m. through 11:00 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. Seventeen (17) parking spaces shall be provided on-site for shared use by the commercial building including Damasq Cafe. 10. 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. 11. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 7 of 8 12. 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. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. All trash shall be stored within the building or within the existing dumpsters stored in the trash enclosure. The trash enclosure shall comply with Zoning Code Section 20.30.120 including three walls, a self-latching gate and a decorative solid roof for aesthetic and screening purposes. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 Damasq Cafe MUP including, but not limited to Minor Use Permit No. UP2015-004 (PA2015-007). 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 07-22-2014 Zoning Administrator Resolution No. ZA2015-014 Page 8 of 8 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, Fire Department Conditions 21. A 2A 10BC fire extinguisher shall be placed in a conspicuous location. 22. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood pursuant to C.F.0 Sec. 904.2.1, and an automatic fire extinguishing system consisting of a wet chemical extinguishing system complying with C.F,C Sec.904.5. Building Division Conditions 23. 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. 07-22-2014