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HomeMy WebLinkAboutZA2016-015 - SUITE 103 - TAKE-OUT SERVICE LIMITED EATING AND DRINKING (KIT COFFEE). NO LATE HOURS, NO ALCOHOL. - 1617 Westcliff Dr RESOLUTION NO. ZA2016-015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-007 FOR A TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 1617 WESTCLIFF DRIVE, SUITE 103 (PA2016-028) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jee Shin on behalf of KIT Coffee, with respect to property located at 1617 Westcliff Drive, Suite 103, and legally described as Parcel 1 of Lot Line Adjustment No. LA2002-031 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of a take-out service limited, eating and drinking establishment in an existing multi-tenant commercial building. The establishment will offer coffee, tea, and pastries and include an area for retail sales. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of the application. The interior will provide six (6) seats and the 128-space on-site parking lot provides parking for employees and patrons. 3. The subject property is located in 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 in the coastal zone. 5. A public hearing was held on March 24, 2016, 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 QUALITYACT 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 vacant retail tenant 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. ZA2016-015 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 General Commercial (CG), which is intended 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 in a multi-tenant commercial building and will provide a service to visitors and residents living in the immediate neighborhood and surrounding area. Therefore, the use is consistent with the CG land use category. 3. A variety of uses including office and eating and drinking establishments are permitted in the building. The proposed take-out service establishment 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. The 128-space on-site parking lot provides parking for the establishment. 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 the previous retail tenant. Therefore, there is no intensification of use and the existing on-site parking is sufficient for the proposed establishment. 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 3 of 8 3, A Parking Demand Analysis prepared for the property in December 2014, evaluated parking requirements and operational needs of the site based on a mix of uses at full occupancy. The analysis concluded that the existing on-site parking lot accommodated the tenant mix proposed based on the shared parking characteristics of the site. This tenant mix accounted for a take-out service establishment in suite 103. The Planning Commission accepted this analysis at its meeting on December 4, 2014. 4. 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 in an existing multi-tenant 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 residential and nonresidential uses including office and eating and drinking establishments. The proposed establishment is compatible with the existing and permitted uses in the area. Westcliff Drive buffers the entrance to the establishment from residential uses located approximately 175 feet to the north. 3. As conditioned, the allowed hours of operation will be 6 a.m. to 11 p.m. daily, which will minimize any disturbance to residents residing near the property. 4. The existing trash storage area in the parking lot is adequate to accommodate the proposed eating and drinking establishment. It 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 employees and patrons. 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 4 of 8 2. The Fire Department reviewed the site 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 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 space in 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 in 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. UP2016-007, 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MARCH, 2016. BY: Patrick J. Alford, Zoning Administrator 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 6of8 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 6 a.m. and 11 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 7 of 8 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. 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 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 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 in the building or in 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. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or in any public property or right-of-way. 21. 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-015 Page 8 of 8 22. 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). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. 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. 25. 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. 26. 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. 27. 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 KIT Coffee including, but not limited to, UP2016-007 (PA2016-028). 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. 02-02-2016