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HomeMy WebLinkAboutZA2022-041 - APPROVING MINOR USE PERMIT NO. UP2022-002 FOR A NEW TAKE OUTSERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 2001 WESTCLIFF DRIVE, SUITE 102 (PA2022-015)RESOLUTION NO. ZA2022-041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-002 FOR A NEW TAKE OUT- SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 2001 WESTCLIFF DRIVE, SUITE 102 (PA2022-015) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Salt & Straw, LLC, with respect to property located at 2001 Westcliff Drive, and legally described as Parcel 1 of Lot Merger No. LM2013-005 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to establish a take-out service, limited eating and drinking establishment in the form of a gourmet ice cream parlor within The Walk Shopping Center. The proposed ice cream parlor will have approximately 419 square feet of interior net public area and include up to six on-site seats, and no late hours or alcohol service. 3. The subject property is designated General Commercial (CG) within the Land Use Element of the General Plan with a Commercial General (CG) Zoning District designation. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 16, 2022, online via Zoom. 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, Division 6, 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. Zoning Administrator Resolution No. ZA2022-041 Page 2 of 9 10-18-21 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Finding and Decision) of the Newport Beach Municipal Code (NBMC), 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) and is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The proposed gourmet ice cream parlor use is consistent with the CG designation as it is intended to provide a service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. 3. The proposed gourmet ice cream parlor is within an existing commercial space in The Walk commercial center. The Walk includes various commercial retail and office uses including eating and drinking establishments, which are complementary to the surrounding commercial and residential neighborhood. 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 take-out service, limited, eating and drinking establishment in the form of a gourmet ice cream parlor is a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.22.020 (Commercial Zoning Districts Land Uses and Permit Requirements). 2. The parking requirement for a take-out, limited, food service eating and drinking establishment is one (1) space per 250 square feet of gross floor area (GFA). The existing parking for the commercial space is also one (1) space per 250 square feet of gross floor area so the proposed establishment does not result in an increase of code required parking. The one (1) space per 250 square feet of GFA is appropriate for this type of use based on several physical design and operational characteristics. For example, the net public area is 419 square feet in area and no seating proposed on the floor plan. The operation includes take-out service only. The project does not include Zoning Administrator Resolution No. ZA2022-041 Page 3 of 9 10-18-21 outdoor dining. Lastly, live entertainment, dancing, and alcohol service are not permitted for a take-out service limited use and no late hours are proposed. 3. Required parking is adequately provided within the on-site shared parking structure and surface parking for The Walk, which provides a total of 404 spaces. The total parking requirements for the center based on the various existing and planned on-site uses, including the five (5)-space requirement for the proposed gourmet ice cream parlor, results in a total need of 370 spaces and a surplus of 34 spaces. 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 consist of 419 square feet of net public area with no seating. Back of house areas of the 1,037-square-foot tenant space include a service area, food preparation facilities, a walk-in refrigerator, indoor storage and washing areas, a restroom, and a dedicated wash-down area that will drain directly into the sewer system. 2. The operation of the restaurant will be restricted to the hours between 11:00 a.m. and 11:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The restaurant is located within The Walk commercial center with access from Westcliff Drive and Irvine Avenue. The existing commercial space is entered from a walkway off the existing surface parking lot, which provides convenient access to motorists, pedestrians, and bicyclists. 4. The Walk provides Code-required covered and enclosed trash enclosures for all of the commercial tenants including the proposed Salt and Straw. . 5. The surrounding area contains various retail, business office, and visitor-serving commercial uses including restaurants and take-out eating establishments. The existing restaurant is compatible with the existing and permitted uses within the area. 6. The operational conditions of approval prohibit alcohol sales, dancing, or live entertainment unless an amendment to this use permit or a new use permit is approved. This will help ensure compatibility with the surrounding uses unless further analysis and review is performed. Zoning Administrator Resolution No. ZA2022-041 Page 4 of 9 10-18-21 7. The design of The Walk provides a large parking structure behind the commercial buildings along Sherington Place. This acts as a buffer between the commercial uses and the residential uses across Sherington Place. 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 Walk commercial center operates with various retail, offices and food services and restaurants. The design of The Walk was intended for various service uses. 2. Original site plan approvals from 2013 for The Walk included a review to ensure adequate public and emergency vehicle access, and that public services and utilities are provided. The plans for the buildings with spec commercial suites were 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 food service, eating and drinking establishment will serve the surrounding community in a commercial area designed for such uses. 3. The operational conditions of approval for take-out service, limited, uses prohibit alcohol sales, dancing and live entertainment, and there are no late hours of operation. Zoning Administrator Resolution No. ZA2022-041 Page 5 of 9 10-18-21 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2022-002, 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. PASSED, APPROVED, AND ADOPTED THIS 16 DAY OF JUNE, 2022. Zoning Administrator Resolution No. ZA2022-041 Page 6 of 9 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. The hours of operation for the establishment shall be limited to 11:00 a.m. to 11:00 p.m. Monday through Sunday Live entertainment, dancing, and alcohol sales are prohibited. 5. The take-out service, limited eating and drinking establishment, shall be limited to a maximum of six (6) seats. Customer queuing shall not be permitted in parking, drive aisle, or public rights-of-way. 6. No outdoor seating is permitted unless an amendment to this Minor Use Permit or a Limited Term Permit is acquired. 7. Customers shall not queue in parking stalls, drive aisles or any right of way areas. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 9. Minor Use Permit No. UP2022-002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 10. This 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. Zoning Administrator Resolution No. ZA2022-041 Page 7 of 9 10-18-21 11. 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. 12. 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. 13. The site shall not be excessively illuminated based on the luminance recommendations 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. 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. No outside paging system shall be utilized in conjunction with this establishment. 16. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 17. 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. 18. 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. 19. 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). 20. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. All trash dumpsters and/or receptacles shall have a solid cover or lid. The lid shall remain closed when the dumpster is not in use. Zoning Administrator Resolution No. ZA2022-041 Page 8 of 9 10-18-21 21. 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 Minor Use Permit. 22. 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. 23. 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. 24. 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. 25. 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 Salt & Straw including, but not limited to, Minor Use Permit No. UP2022-002 (PA2022-015). 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. Electrical/Mechanical/Plumbing 26. Prior to the issuance of building permits, the project plans shall demonstrate that the environmental (general) exhaust shall be at least 10 feet away from any forced outside air intake. Zoning Administrator Resolution No. ZA2022-041 Page 9 of 9 10-18-21 Building Division 27. 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. 28. Approval from the Orange County Health Department is required prior to the issuance of a building permit.