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HomeMy WebLinkAboutZA2016-005 - MINOR USE PERMIT FOR, "JUICE SERVED HERE" IN LMV - 3418 Via Lido RESOLUTION NO. ZA2016-005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-045 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3418 VIA LIDO (PA2015-203) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kirsten Bunger on behalf of Juice Served Here, with respect to property located at 3418 Via Lido, and legally described as Lot 6 in Tract 1235 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow a 1,013-square-foot food service, eating and drinking establishment (Juice Served Here) within an existing commercial tenant space. The proposed establishment includes 514 square feet of interior net public area, a 250-square-foot outdoor patio area, and seating for 22 patrons. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of this application. 3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W). 5. A public hearing was held on January 28, 2016, 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. 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 tenant space with no expansion of use. A 124-square- foot portion at the rear of the building will be converted into an outdoor patio consisting of 250 square feet. Zoning Administrator Resolution No. ZA2016-005 Pa e2of9 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: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The MU-W2 General Plan land use designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the subject property and adjacent development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan. 2. Eating and drinking establishments are common in the vicinity and the proposed use will be complimentary to nearby commercial and residential uses. 3. The project site is not located within 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 MU-W2 zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments located in the MU-W2 zoning district that are within 500 feet of a residential zoning district and classified as Food Service, No Alcohol, No Late Hours, require the approval of a minor use permit. The property is located approximately 420 feet from a residential zoning district. 2. Section 20.48.090D.2 (Eating and Drinking Establishments, Outdoor Dining) of the Zoning Code states that appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. A decorative barrier is provided to define the separate areas. 3. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Planning Commission Resolution No. 1966. 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Page 3 of 9 4. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will improve the pedestrian streetscape. 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 subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Planning Commission Resolution No. 1966). 2. The surrounding area contains various business office, retail, and visitor serving commercial uses including eating and drinking establishments. The proposed establishment is compatible with the existing and permitted uses within the area and serves as a visitor-serving use that benefits the area 3. The operational conditions of approval will promote compatibility with the surrounding uses. No late hours or alcohol service are proposed limiting any potential impacts. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 5. The existing common trash storage area located approximately 150 feet to the west 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 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. 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Pa e4of9 Facts in Support of Finding: 1. The project site is located within an existing commercial building that has been used for nonresidential purposes. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site which is accessible from both Via Lido and a street at the rear. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will require Orange County Health Department review and approval. 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 project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, surrounding public areas, or sidewalks, during business hours, if directly related to the patrons of the establishment. 2. 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. 3. The tenant improvements should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-045, 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 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Pa e5ofA 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 28TH DAY OF JANUARY, 2016 BY: Patrick J. Alford, Zoning Administrator 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Page 6 of 9 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is 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. 5. 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 minor use permit. 6. 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. 7. The hours of operation shall be limited between 7:00 a.m. and 10:00 p.m., daily. 8. The "net public area" of the establishment shall not exceed 514 square feet for the interior of the subject facility. 9. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 250 square feet in area. 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Page 7 of 9 11. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 12. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 13. There shall be no dancing allowed on the premises, no live entertainment, and no service of alcohol unless an amendment to this Minor Use Permit or the processing of a new minor use permit is first approved. 14. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 16. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. The 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 7:OOAM Between the hours of and 10:00PM 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise 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. 18. 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. 19. No outside paging system shall be utilized in conjunction with this establishment. 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Page 8 of 9 20. All trash shall be stored within the existing common trash enclosure 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. 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. 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 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 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 Juice Served Here including, but not limited to, Minor Use Permit No. UP2015-045 (PA2015-203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and 10-02-2015 Zoning Administrator Resolution No. ZA2016-005 Page 9 of 9 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. 10-02-2015