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HomeMy WebLinkAbout03 - 03_Cafe Gratitude To Go - PA2015-163 a���WPOR COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 C`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 12, 2015 Agenda Item No. 3 SUBJECT: Cafe Gratitude To-Go (PA2015-163) 1617 Westcliff Drive, Suite 114 • Minor Use Permit No. UP2015-038 APPLICANT: Cafe Gratitude Newport Beach LLC — Lisa Bonbright OWNER: BWP Westcliff Associates, LLC PLANNER: Jason Van Patten, Assistant Planner (949) 644-3234; jvanpatten@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: CG (Commercial General) • General Plan: CG (General Commercial) PROJECT SUMMARY A minor use permit to allow the operation of a take-out service limited, eating and drinking establishment. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the application. Parking for the use is provided in the onsite parking lot. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2015-038 (Attachment No. ZA 1). DISCUSSION • The proposal is to convert a vacant 883-square-foot ground floor retail tenant space into a take-out service limited, eating and drinking establishment that will serve prepackaged salads, sandwiches and juice. The establishment will maintain its own entrance and be an entirely separate operation from the 1 V� QP �P Cafe Gratitude To-Go Zoning Administrator, November 12, 2015 Page 2 adjacent restaurant under the same name (Cafe Gratitude). The proposed hours of operation are 7:00 a.m. to 10:00 p.m., daily. No late hours (after 11:00 p.m.), and no alcohol service are proposed as part of this application. In order to allow for future flexibility, a condition of approval is included allowing hours of operation between 7:00 a.m. and 11:00 p.m. daily. • The proposal complies with Zoning Code standards for a take-out service limited, eating and drinking establishment, including the requirement not to exceed a maximum of six seats. • The subject property is located in the Commercial General (CG) Zoning District, intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. A take-out service limited, eating and drinking establishment is a permitted use within the Zoning District, subject to the approval of a minor use permit pursuant to Table 2- 5 of Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). • The property is designated General Commercial (CG) by the Land Use Element of the General Plan which is consistent in intent with the CG Zoning District. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the use is consistent with this land use category. • Parking required for the proposed establishment is provided within the onsite parking lot. The parking requirement for a take-out service limited, eating and drinking establishment (1 space per 250 square feet) is the same standard required of a retail tenant. Therefore, there is no intensification of use and the existing onsite parking is sufficient for the proposed establishment. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior improvements to convert a retail space to a take-out service limited, eating and drinking establishment and involves no expansion in floor area or change in parking requirement. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least TmpIt:04-17-14 Caf6 Gratitude To-Go Zoning Administrator, November 12, 2015 Page 3 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: ` a n Van Patten, Assistant Planner JM/jvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Project Plans TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-038 FOR A TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 1617 WESTCLIFF DRIVE, SUITE 114 (PA2015-163) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lisa Bonbright on behalf of Cafe Gratitude Newport Beach, LLC, with respect to property located at 1617 Westcliff Drive, Suite 114, and legally described as Parcel 1 of Lot Line Adjustment No. LA2002-031 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a take-out service limited, eating and drinking establishment. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the application. Required parking for the use is provided in the onsite parking lot. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 12, 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). 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves interior improvements to convert a retail space to a take-out service limited, eating and drinking establishment and involves no expansion in floor area or change in parking requirement. Zoning Administrator Resolution No. ZA2015-0## Page 2 of 7 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 General Commercial (CG) which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. 2. The proposed establishment will occupy a tenant space within a multi-unit commercial building and is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area, and is therefore consistent with the CG designation. 3. A variety of uses including general office and food service uses are permitted within the building and the proposed take-out service would serve and be complementary to these 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 property is located in the Commercial General (CG) Zoning District. The proposed establishment, which includes a kitchen, six (6) seats, no alcohol service, and no late hours is a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). 2. Parking required for the proposed establishment is provided within the shared parking lot. The parking requirement for a take-out service limited, eating and drinking establishment (1 space per 250 square feet) is the same standard required of a retail tenant. Therefore, the existing onsite parking is sufficient for the proposed establishment. 03-03-2015 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 7 3. 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 which includes 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. The proposed take-out service use is appropriate given the establishment will be located within an existing multi-unit commercial building accessible from two streets (Sherington Place and Westcliff Drive), which provides convenient access to motorists, pedestrians, and bicyclists. 2. Surrounding properties consist of various nonresidential uses including general office and food service uses. The proposed establishment is compatible with the existing and permitted uses within the area. 3. 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 residing near the property. 4. The existing trash storage area within the parking lot is adequate to accommodate the proposed food service use and is conveniently located where materials can be deposited and collected, and does not impede with the parking spaces. 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 existing parking lot provides adequate circulation and parking spaces for patrons. 2. The site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. 3. Any proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. 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 03-03-2015 9 Zoning Administrator Resolution No. ZA2015-0## Page 4 of 7 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 take-out service limited, eating and drinking establishment will occupy vacant space within an existing multi-unit commercial building that has not proven to be detrimental to the occupants of the property or nearby properties. 2. 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. 3. 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. UP2015-038, 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 12TH DAY OF NOVEMBER, 2015. BY: Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 10 Zoning Administrator Resolution No. ZA2015-0## Page 5 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 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. 3. The 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. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Minor Use Permit or the processing of a new use permit. 5. 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. 6. Incidental seating for up to a maximum of six (6) patrons may be provided for on-site consumption of food or beverage. 7. The sale of alcoholic beverages shall be prohibited unless an amendment to the Minor Use Permit or other required application is first approved in accordance with the provisions of the Municipal Code. 8. The hours of operation are limited to between 7:00 a.m. and 11:00 p.m. daily. 9. Parking spaces shall not be assigned for exclusive use. 10. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 11. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 03-03-2015 22 Zoning Administrator Resolution No. ZA2015-0## Page 6 of 7 12. 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. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 P.M. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 45dBA 60dBA 45dBA 50dBA feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. 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. 15. 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. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 17. Strict adherence to maximum occupancy limits is required. 18. No outside paging system shall be utilized in conjunction with this establishment. 19. 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. 20. The applicant is required to provide a metal gate and decorative solid roof above the trash enclosure for aesthetic and screening purposes. 21. 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. 03-03-2015 12 Zoning Administrator Resolution No. ZA2015-0## Page 7 of 7 22. 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 twenty (20) feet of the premises. 23. 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). 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 Cafe Gratitude To-Go including, but not limited to, UP2015-038 (PA2015-163). 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 23 V� QP �P 2� Attachment No. ZA 2 Vicinity Map 1,5 V� QP �P 2� S A 70 c leis �• �.. fi_ _ ^�^y Subject Property Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to �� 'rogr any results obtained in its use. ° m 0 100 200 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 9/21/2015 -7 V� QP �P sg Attachment No. ZA 3 Applicant's Project Description i9 V� QP �P �o Z N VMC a August 25, 2015 Zoning Administrator Community Development Department Planning Division 100 Civic Center Drive Newport Beach, California 92658 Re: 1617 Westcliff Drive, Suite 114 The following describes the existing and proposed use of the space to which we seek a Minor Conditional Use Permit at the aforementioned address. The existing space consists of an 883 square foot shell permitted for retail use in a multi-tenant building. The proposed use the space is defined as a food take-out and retail use consisting of prepackaged salads and sandwiches prepared by the adjacent parent restaurant Cafe Gratitude next door. In addition, the space will house a juice bar in which smoothies and juice blends are prepared and sold for consumption on site or to-go. There will be six (6) seats and three (3)tables for patrons to consume their purchase but no table service, strictly open seats and tables for anyone to use. Lastly, the space will contain retail shelving for the display of books and gifts that support the cause and concept of living a healthy life and sustainability for both community and planet. To conclude, there will be 4 employees per shift and the hours of operation are from 7:00 am to 10:00 pm. Should you have any questions or require additional information please do not hesitate to give me a call. Sincerely, VMC architecture Victor M. Corona, AIA Principal �2 V� QP �P Attachment No. ZA 4 Project Plans 23 V� QP �P VMC PA2015 - 163 architecture WESTCLIFF DRIVE PLANNING & DESIGN 25725 Wallace Pl . PROJECT DATA Stevenson Ranch PROPERTY LINE 235.98' California 9 1 3 8 1 tel : 2 1 3 4 0 7 4 7 5 6 PROJECT ADDRESS: 1617 WESTCLIFF DRIVE, UNIT 114 victor@vmc-architecture . com NEWPORT BEACH, CA Drawing and specifications as instruments of APN#: 117-631-19 service are and shall remain the property of the design professional copies of the drawings and specifications retained by the client may be utilized ZONE: (CG) COMMERCIAL GENERAL only for his use and for occupying the project for which they were prepared, and not for the construction of any other projects. Any use or CONSTRUCTION TYPE V-A(FULLY SPRINKLERED) reproduction of this drawing in whole or part by any TYPE, means whatsoever is strictly prohibited except with specific written consent of VMC-architecture EXISTING OCCUPANCY: B (TAKE-OUT&RETAIL) PARKING submittal date PARKING: TOTAL PARKING COUNT — 128 PLANNING SUBMITTAL 08/25/15 d i 111 SCOPE OF WORK 0 THE PROJECT CONSISTS OF A NEW FOOD TAKE-OUT AND JUICE BAR IN AN EXISTING 883 EXI TING PA 10 SQUARE FEET TENANT SHELL, AS PERMITTED THROUGH AN MUP PER TABLE 2-4 OF THE Q NEWPORT BEACH ZONING CODE, 0 ARCHITECTURAL STAMP: EXISTING ENTRY PLAZA VICINITY MAP C°�bP/dna a co Kean Coffee ° & N Q o � NS/C/f S LL I r if�i s CE EXISTING MULTI TENANT 2-STORY BUILDING Haute Cakes Cafe �J` N.T.S. O AREA OF WORK Q a� 9�° A o W J � f LL cue > J Q o+o. r Cl U 0 x co (� ` Sao O C\JLJ oc N > N o PROJECT SITE Q V LL U LU . ✓ EXISTING z u LU J I I PARKING J %P� 72PS V O m I I W C/) i- W W w rr f2 w U T � � w ar L 1Tz w `— O Ir � a EXISTING EXISTING EXISTING J PARKING PARKING PARKING Q_ LU EXISTING PARKING COUNT = 128 TRASH7w U ENCLOSUR w JOB NO: 14-022 7t— SCALE: 1/16" = V-0" IC DRAWN BY: MC CHECKED BY: VC PROPERTY LINE 235.98' SHEET NO: SHERINGTON PLACE EXISTING SITE PLAN 1/16" = 1'-0" 0 m In VMC a r c h i t e c t u r e PA2015 - 163 PLANNING & DESIGN 25725 Wallace PI . Stevenson Ranch C a l i f o r n i a 9 1 3 8 1 t e l : 2 1 3 4 0 7 4 7 5 6 o°o o°o° o°o 000o victor@vmc-architecture . com o° o°o° o° o 000 .000 000 00o Drawing and specifications as instruments of 0 0 0 0 service are and shall remain the property of the design professional copies of the drawings and ov ® specifications retained by the client may be utilized only for his use and for occupying the project for which they were prepared, and not for the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ® construction of any other projects. Any use or I reproduction of this drawing in whole or part by any means whatsoever is strictly prohibited except with ® I I I I specific written consent of VMC-architecture V II II II I I I submittal date I I I PLANNING SUBMITTAL 08/25/15 II II II II II II II II II II II II II II II II I - - - -- --1 _ _ _ ___ _ __ _ _ ® I Iw ° I II - ARCHITECTURAL STAMP: I I I LL u u I u Tfz II II II II II II I II I I I II— I II II FD FEE) VELI FEE1 I H � Z RESTAURANT112 I r �� �m L oC W II 1 O 0 LL j � I-- o � H O IL = IL U - - - - p� -DQ OO � m w LU �- LL l_ r1r 0, LLJ ti 0 T Z LU I11 � 31'-4" p L -P AREA LEGEND: STORAGE 318 SF TOILET rn M OFFICE & TOILET = 101 SF z OFFICE '^ N ❑D © Z JUICE BAR Q RETAIL 6 111 RETAIL 7 114 RETAIL 6 111 I 259 SF J M 2'-8- STORAGE = 318 SQ. FT. -71 kF O RETAIL O 205 SF J Ir RETAIL = 205 SQ. FT. LL LLJ 5'-6" 23'-2" ~ U w 0 o o o w S - - - - - - - - - - - � — ��$0 - - - - J — 000 J JUICE BAR = 259 SQ. FT. 0 0 0 0 000 0 0�0 JOB NO: 14-022 SCALE: 1/8" = 11-0" DRAWN BY: MC CHECKED BY: VC SHEET NO: EXISTING FLOOR PLAN PROPOSED FLOOR PLAN