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HomeMy WebLinkAboutZA2015-059 - Suite 101, a minor use permit to establish a take-out service, limited eating and drinking establishment use within a portion of an exisitng tenant space. - 309 Palm St RESOLUTION NO. ZA2015-059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-031 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 309 PALM STREET, UNIT 101 (PA2015-116) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dale O. Head, Sr., with respect to property located at 309 Palm Street, Unit 101, and legally described as Lots 1, 2, 3, 7, 8, 9, 10, 11, 12 and a portion of Lot 4, an unnumbered lot and a portion of a vacated alley, all in Block 3 of the Balboa Bayside Tract; Lot 22 and 23, Block A of the Bayside Tract; and a portion of vacated Edgewater Place, requesting approval of a minor use permit. 2. The applicant requests to convert a portion of an existing bicycle rentals shop to a take- out service, limited eating and drinking establishment specializing in the service of shaved ice and other desserts. The proposed hours of operation are from 7:00 a.m. to 9:00 p.m., daily. No tables and/or seats are proposed. The applicant presently operates the bicycle rentals shop which is a use that is permitted by right, but would like to create a separate, adjoining tenant space within which the proposed eating and drinking establishment will operate. 3. The subject property is located within the Mixed-Use Vertical (MU-V) Zoning District and the General Plan Land Use Element category is Mixed-Use Vertical (MU-V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Uses Vertical (MU-V). 5. A public hearing was held on October 29, 2015, 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). Zoning Administrator Resolution No. ZA2015-059 Page 2 of 8 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. 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 Mixed-Use Vertical (MU-V) within the General Plan, which is intended to provide for areas appropriate for the development of mixed- use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. Standalone commercial buildings are also consistent with this designation. 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 Mixed-Use Vertical (MU-V) Zoning District, which is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. Standalone commercial buildings are also permitted within this zoning district. 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 ExplorOcean, marine-related uses, restaurants and retail stores. 2. Pursuant to Zoning Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements), a minor use permit is required for a take-out service, 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 Page 3 of 8 limited eating and drinking establishment if the subject property is located within 500 feet of any residential zoning district. The subject property is located next to a residential zoning district immediately across Adams Street to the west on East Bay Avenue. 3. Pursuant to Zoning Code Section 20.40.030 (Requirements for Off-Street Parking), take-out service, limited eating and drinking establishments are required to provide one parking space for each 250 square feet of gross floor area. The parking requirement for a bicycle rentals shop (Retail Sales) is also one parking space for each 250 square feet of gross floor area; therefore, the parking requirement of the proposed use is consistent with the parking requirement for the existing use and there is no anticipated change to the parking demand. 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 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. 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, and office. The nearest residential dwellings are approximately 40 feet away from the subject property across East Bay Avenue. The subject tenant space is located among other commercial uses along East Bay Avenue and Palm Street. 2. The existing building is not changing other than the proposed remodel for the subject tenant space as a result of this project. The newly created tenant space will be approximately 584 square feet in gross floor area with approximately 46 square feet proposed as net public (customer serving) area. The remaining bicycle rentals shop will be approximately 500 square feet in gross floor 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 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 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 10:00 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 approximately 27,024 square feet in area and located in a commercial area. The site has street access along Adams Street, East Bay Avenue and Palm Street, including private alley access through the lot, and has pedestrian access along the waterfront via Edgewater Place. The street frontages and alley site access allows for the provision of public and emergency vehicle access. 2. The site is developed with a three-story multi-tenant commercial building and parking structure. The Public Works Department, Building Division, and Fire Department reviewed and approved the plans for the building prior to construction. The subject tenant space is located on the ground floor and is approximately 584 square feet in gross floor area with approximately 46 square feet proposed as net public (customer serving) area. The tenant space is positioned away from the residences and is fronting Palm Street facing the ExplorOcean 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 primarily for off-site consumption with no seats provided for customers. 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 Page 5 of 8 3. As conditioned, the proposed use could operate with up to six (6) seats provided for patrons which is consistent with the definition of a take-out service, limited land use. 4. The limitation on seating will provide flexibility for the operation while preventing adverse traffic impacts for the surrounding residential and commercial uses. 5. The proposed use would not increase the parking demand, have late hours of operation, nor include alcohol sales. 6. 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. 7. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area, thereby preventing any odor or related issues for nearby properties. 8. 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. 9. 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. UP2015-031, 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 or call for review 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 29TH DAY OF OCTOBER, 2015. h Ired Wisneski, Al P,Zoning Administrator 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 Page 6 of 8 EXHIBIT AWP 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. This approval shall expire and become void unless exercised within 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 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. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require separate review by the Planning Division and may require an amendment to this Minor Use Permit or the processing of a new Use Permit. 7. 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. 8. All proposed signs shall be in conformance with Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 9. 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. 10. 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. 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 Page 7 of 8 11. The hours of operation for the establishment shall be limited to the hours between 7:00 a.m. and 10:00 p.m., daily. 12. The sale, service, or consumption of alcohol shall not be permitted. 13. The maximum number of seats allowed shall be six (6). No outdoor seating is permitted without review and approval by the Planning Division and Public Works Department, as applicable. 14. No outside paging system shall be utilized in conjunction with this establishment. 15. All trash shall be stored within the building or within 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 trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 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 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. 18. 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 Minor Use Permit. 19. Storage outside of the building shall be prohibited. 20. 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. 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 or indirectly) to City's approval of Sparky's Bikes and Ice MUP including, but not limited to, Minor Use Permit No. UP2015-031 (PA2015-116). 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 10-02-2015 Zoning Administrator Resolution No. ZA2015-059 Page 8 of 8 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. 10-02-2015