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HomeMy WebLinkAboutZA2020-069 - APPROVING MINOR USE PERMIT UP2020-170 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 2200 WEST OCEAN FRONT, SUITE A (PA2020-223)RESOLUTION NO. ZA2020-069 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT UP2020-170 FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 2200 WEST OCEAN FRONT, SUITE A (PA2020-223) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Handel’s Homemade Ice Cream, with respect to property located at 2200 West Ocean Front Suite A, and legally described as Lot 1, Block 22 within the Newport Beach Tract requesting approval of a minor use permit. 2. The applicant proposes to convert an existing full-service eating and drinking establishment into a take-out service, limited eating and drinking establishment. The request includes a maximum of six seats, no alcohol service and no late hours. 3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water Related (MU-W2) Coastal Zone District. The project is exempt from the requirements of a Coastal Development Permit (CDP) as it does not expand the existing structure or use and does not require additional parking. Therefore, the proposed changes are not considered an intensification of use. 5. A public hearing was held online on October 29, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The proposed project involves minor interior improvements to an existing commercial space and involves no expansion in floor area or change in parking requirement. Zoning Administrator Resolution No. ZA2020-069 Page 2 of 9 01-25-19 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a minor use permit 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 Water 2 (MU-W2) which applies to areas where it is the intent to establish waterfront locations in which marine-related uses are intermixed with commercial service use and residential. 2. The proposed take-out service, limited restaurant use is consistent with the (MU-W2) designation as it is intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. 3. There are mixed-use structures that include visitor serving commercial such as eating and drinking establishments throughout the surrounding area. These uses are complementary to the surrounding commercial and residential 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 designated by the Zoning Code as Mixed-Use Water (MU-W2), which applies to areas where it is the intent for waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed take-out service, limited ice cream shop with no alcohol service and no late hours requires a new minor use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). The property is located approximately 320 feet from a residential zoning district. 2. There is no existing parking on-site. The building has operated as commercial and food service uses since prior to 1994, when Use Permit No. UP3535 was approved, which memorialized the nonconforming restaurant use (Suite A) with up to 1,895 Zoning Administrator Resolution No. ZA2020-069 Page 3 of 9 01-25-19 gross square feet and 634 square feet of net public area. In 2018, Urban Cup moved into Suite A under Minor Use Permit No. UP2017 -013 and reduced the net public area to 450 square feet. Based on the parking requirement of 1 space per 40 square feet of net public area for Urban Cup, there is a credit of 12 parking spaces. Suite B and Suite C have always been occupied by commercial and take-out service limited which is the same parking requirement as general commercial, 1 space per 250 square feet with a 4-space parking credit. This leaves a 16- space-parking credit for the entire building. Handel’s Homemade Ice Cream will occupy Suite A and will use 8-spaces of the parking credit (take-out service limited, 1 space per 250 square feet) and 22nd Street Pizza will occupy Suite B and use the remaining 8-spaces of the parking credit (1 space per 40 square feet of net public area). The proposed uses require a total of 16 spaces, requiring no net increase in the required parking. 3. The parking requirement for take-out service, limited food service is 1 space per 250 square feet (1,895/250 = 7.58) which results in eight (8) spaces. The eight spaces are covered by the existing parking credit for the building as outlined in Fact No. 2 above. 4. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. 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 establishment will provide a take-out ice cream shop within the 1,845 square foot existing Suite with the potential for a maximum 6 seats, walk-in cooler, dry storage, dedicated wash down area that will drain directly into the sewer system, a covered trash enclosure with gate and one all gender restroom. 2. The hours operation of the restaurant will be restricted to the hours between 8:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The proposed take-out ice cream shop will be located within an existing single-story building accessible from the corner of 22nd Street and West Ocean Front, which provides convenient access to motorists, pedestrians, and bicyclists. 4. The surrounding area contains various, retail and visitor serving commercial uses including restaurants and take-out eating establishments. The restaurant is compatible with the existing and permitted uses within the area. Zoning Administrator Resolution No. ZA2020-069 Page 4 of 9 01-25-19 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; and Facts in Support of Finding 1. The tenant improvement for the commercial space is currently in the plan check process. 2. The tenant improvement includes a review to ensure adequate public and emergency vehicle access, and that public services, and utilities are provided. The tenant improvement plans are required to be reviewed for compliance with applicable building 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, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. 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. 2. The take-out service, limited eating and drinking establishment will serve the surrounding community in a commercial area designed for such uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-069 Page 5 of 9 01-25-19 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2020-170, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. 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 . 4. This resolution supersedes Planning Commission Resolution No. PC2018-002 for Minor Use Permit No. UP2017-013 (PA2017-096), which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF OCTOBER, 2020. Zoning Administrator Resolution No. ZA2020-069 Page 6 of 9 01-25-19 EXHIBIT “A” Planning Division 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. 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. Use Permit No. UP2020-170 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 5. This Use Permit shall supersede Use Permit No. UP2017-013 which will become null and void. 6. The hours of operation shall be between 8:00 a.m. to 10:00 p.m., daily. 7. The maximum number of seats permitted is six. 8. No alcohol service is permitted with this Use Permit for a take-out service, limited eating and drinking establishment. 9. The exterior rear storefront (back of house area of proposed use) facing 22nd Street shall be improved to avoid the look a vacant storefront. The improvement shall be included in the exterior elevations in building permit plans and shall be designed to be architecturally compatible with the building to the satisfaction of the the Community Development Director. 10. If a security enclosure systemwall is added to the open-air vestibule in the future, the design shall be architecturally compatible with the existing building and shall be reviewed and approved by the Community Development Director prior to installation. 11. This Use Permit may be modified or revoked by the Zoning Administrator should they determine 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 ma intained so as to constitute a public nuisance. Zoning Administrator Resolution No. ZA2020-069 Page 7 of 9 01-25-19 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 13. 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. 14. The site shall not be excessively illuminated based on the luminance recommendatio ns of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 16. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. 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. 18. Construction activities shall comply with Section 10.28.040 of the NBMC, 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. 19. No audible outside paging system shall be utilized in conjunction with this establishment. 20. 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. Zoning Administrator Resolution No. ZA2020-069 Page 8 of 9 01-25-19 The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 21. Trash receptacles for patrons shall be conveniently located both inside and out side 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 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, 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 N BMC 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 NBMC. 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 Handel’s Homemade Ice Cream Minor Use Permit including, but not limited to, UP2020-170 (PA2020-223). 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 Zoning Administrator Resolution No. ZA2020-069 Page 9 of 9 01-25-19 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. Building Division 29. 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. 30. The establishment shall comply with Disable Access requirements.