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HomeMy WebLinkAboutZA2015-048 - NEW YOGURT SHOP TAKE OUT SERVICE LIMITED - 3500 Coast Hwy E RESOLUTION NO. ZA2015-048 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-032 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 3500 EAST COAST HIGHWAY (PA2015-121) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Go Greek Yogurt, with respect to property located at 3500 East Coast Highway, and legally described as Lot 1, Block U, Tract 0323, requesting approval of a Minor Use Permit. 2. The applicant proposes a take-out service, limited eating and drinking establishment with six (6) seats. The applicant proposes to convert a vacant suite within a recently constructed commercial building into a fresh and frozen yogurt shop. The proposed hours of operation are 7:00 a.m. to 8:00 p.m., Monday-Thursday, 7:00 a.m. to 9:00 p.m., Fridays, and 10:00 a.m. to 9:00 p.m., Saturdays and Sundays. A maximum of three (3) employees would be on duty per shift. 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 not located within the coastal zone. 5. A public hearing was held on August 27, 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. 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. 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 new use with no expansion of the existing commercial use at the site. Zoning Administrator Resolution No. ZA2015-048 Page 2 of 8 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 Corridor Commercial (CC) within the General Plan, 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. The proposed project is designed to serve residents and visitors in the area. The proposed take-out service, limited eating and drinking establishment would be complementary to the surrounding commercial and residential uses. 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 subject property is located in the Commercial Corridor (CC) Zoning District, which 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 project is designed to serve residents and visitors in the area. The proposed take-out service, limited eating and drinking establishment would be complementary to the surrounding commercial and residential uses. Nearby uses include restaurants, banks, salons, and retail stores, with residential uses across the alley. 2. Pursuant to Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), a minor use permit is required for a take-out service, limited eating and drinking establishment if the subject property is located within 500 feet of any residential zoning district. The subject property is located within 500 feet of residential zoning districts, the closest of which is located across the 14-foot-wide alley to the northeast on Narcissus Avenue. The closest residence is approximately 75 feet away to the northeast. 3. The site was developed with a nonconforming building that exceeded the allowed floor area and provided no on-site parking. The building was recently demolished and the 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Page 3 of 8 site was developed with a multi-tenant commercial building with no parking pursuant to Section 20.38.040 (Nonconforming Structures) that allows existing nonconforming, nonresidential structures within Corona del Mar to be demolished and reconstructed to their preexisting height and floor area, provided there is no loss of existing parking. 4. Pursuant to Zoning Code Section 20.38.060 (Nonconforming Parking), a new use is allowed without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area) occurs, and the new use requires a parking rate of no more than one (1) space per 250 square feet of gross building area. In this case, the parking requirement for a take-out service limited, eating and drinking establishment is one (1) space per 250 square feet of gross building area and no intensification or enlargement is proposed. Therefore, no additional parking is required and the proposed project is compliant. 5. The proposed project is subject to and would operate in compliance with Section 20.48.090 (Eating and Drinking Establishments). No outdoor activities, late hours, 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. 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, including a maximum of six (6) 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. 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 uses along East Coast Highway with residential uses located behind the commercial uses. 2. The existing building is not changing other than the proposed interior remodel for the subject suite as a result of this project. The subject suite is 793 square feet in gross floor area with 295 square feet proposed as net public (customer serving) area. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area, thereby preventing any odor or related issues for the nearby residential and commercial uses. 3. The operational characteristics of the proposed establishment would be that of a typical take-out service, limited eating and drinking establishment that would serve residents, visitors, and employees. Customers would order and pay at a counter and primarily take the food to go. The proposed use would not have late hours of operation, include alcohol sales, nor create any adverse noise impacts outside of the 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Page 4 of 8 establishment. Therefore, the operating characteristics would be compatible with the allowed commercial and residential uses in the vicinity. 4. 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 near the property. 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 lot is 5,708 square feet in area (approximately 50' X 142'), rectangular in shape, and located in a commercial area. The site has street access along East Coast Highway and Narcissus Avenue, has alley access at the rear of the lot, and has pedestrian access from the front along East Coast Highway. The street and alley site access allows for the provision of public and emergency vehicle access. 2. The site is developed with a recently constructed multi-tenant commercial building. The Public Works Department, Building Division, and Fire Department reviewed and approved the plans for the new building prior to construction. The anticipated tenants include offices on the second floor, and offices and retail on the first floor. The subject suite is 793 square feet in gross floor area with 295 square feet proposed as net public (customer serving) area. The suite is oriented away from the residences located to the rear of the subject property. 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 will serve nearby residents, employees, and visitors. 2. The proposed use would involve the sale of food and beverages for primarily off-site consumption with up to six (6) seats provided. 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Page 5 of 8 3. The restrictions on seating will prevent adverse traffic impacts for the surrounding residential and commercial uses. 4. The proposed use would not increase the parking demand, have late hours of operation, nor include alcohol sales. 5. 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. 6. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area, thereby preventing any odor or related issues for nearby properties. 7. 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. 8. The applicant is required to obtain Health Department approval prior to opening for business, and to 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. UP2015-032, 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. PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF AUGUST, 2015. /"/— J"- re d Wisneski, AI P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. 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. 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 Minor 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 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. The hours of operation for the establishment shall be limited to 7:00 a.m. to 11:00 p.m., daily. 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Page 7 of 8 11. The sale, service, or consumption of alcohol shall not be permitted. 12. The maximum number of seats allowed shall be six (6). No outdoor seating is permitted. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. 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. 15. 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). 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. 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. 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. 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. 20. A Special Event 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 permit. 21. 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 03-03-2015 Zoning Administrator Resolution No. ZA2015-048 Pa e8of8 or indirectly) to City's approval of the Go Greek Yogurt Minor Use Permit including, but not limited to, UP2015-032. 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. 03-03-2015