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HomeMy WebLinkAboutZA2012-045 Capriotti's Sandwich Shop MUPRESOLUTION NO. ZA2012 -045 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -025 FOR CAPRIOTTI'S SANDWICH SHOP, A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 4221 MACARTHUR BOULEVARD, SUITE B -2 (PA2012 -142) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Adam Neumann on behalf of Capriotti's Sandwich Shop, with respect to property located at 4221 MacArthur Boulevard, Suite B -2, and legally described as Parcel 1 as shown on a map filed in Book 45, Page 23 of Parcel Maps, in the Office of the County Recorder of Orange County requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow, Capriotti's Sandwich Shop, an eating and drinking establishment (food service, no late hours) serving sandwiches and salads. The gross floor area of the establishment is 1,834 square feet and the interior net public area will be 578 square feet. The establishment will provide a maximum of 28 seats. The requested hours of operation are from 10:00 a.m. to 8:00 p.m., Monday through Saturday and 11:00 a.m. to 7:00 p.m. on Sunday. Alcohol service is not proposed as part of this request. 3. The subject property is located within General Commercial Site 8 of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 28, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to Zoning Administrator Resolution No. ZA2012 -045 Paqe 2 of 9 improve a currently vacant shell building to a food service, eating and drinking establishment. The existing space will be improved with approval of a tenant improvement building permit. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a 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 land use designation for this site is MU -H2 (Mixed -Use Horizontal). The MU -H2 designation is intended to provide for a horizontal intermixing of uses that may include regional commercial office, multi - family residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. Food service, eating and drinking is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses. 2. Eating and drinking establishments are common in the vicinity along MacArthur Boulevard and are frequented by residents, visitors, and workers. The establishment is compatible with the land uses permitted within the surrounding district. 3. 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 site is located in the PC -11 (Newport Place Planned Community) Zoning District. The PC -11 zoning district is intended to provide for commercial and light industrial use because of its central location, ideal topography, availability to four freeways, accessibility to two railroads, and its relation to the Orange County Airport. The proposed food service, eating and drinking establishment is consistent with land uses permitted by the PC -11 Zoning District. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 3 of 9 2. The proposed use will comply with all applicable development and parking standards including those specific to the food service, eating and drinking use classification. The 81 parking spaces provided are adequate for the proposed mix of tenants. 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 Findinq The requested hours of operation are 10:00 a.m. to 8:00 p.m., Monday through Saturday and 11:00 a.m. to 7:00 p.m. on Sunday. 2. Capriotti's Sandwich Shop will occupy a vacant tenant space at the west end of the new shopping center, which was constructed earlier in 2012. The shopping center was previously entitled and reviewed for the proposed commercial tenant mixture. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is not near any residential properties. The applicant is also required to control trash and litter around the subject property. 4. The surrounding area contains various business office, retail, and visitor commercial uses including restaurants and take -out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the area. 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 The existing parking lot provides adequate circulation and parking spaces for patrons. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. 3. The project site is located within an existing retail building and the tenant space is designed and developed for an eating and drinking establishment. The design, Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 4 of 9 size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. 4. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 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 business community. The proposed establishment will provide dining services as a public convenience to workers within the surrounding area and visitors. 3. The applicant is required to install a grease interceptor, 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. UP2012 -025, 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 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 5 of 9 PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER, 2012. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Minor 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 maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, 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 use permit. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. Minor Use Permit No. UP2012 -025 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 Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 10. The establishment shall provide a maximum net public area of 578 square feet and 28 seats. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 7 of 9 11. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area equaling a total of 7 parking spaces. 12. The hours of operation for food service, eating and drinking establishment are limited from 7:00 a.m. to 11:00 p.m., daily. 13. Live entertainment, dancing, and alcohol service shall be prohibited as a part of the regular operation. 14. 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. 15. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 16. The size, design, and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Division prior to issuance of building permits. 17. 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. 18. 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). The proprietor shall actively control any noise generated by the patrons of the facility. 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by Community Development Director, and may require an amendment to this Use Permit. 20. 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, Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 8 of 9 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 Capriotti's Sandwich Shop including, but not limited to Use Permit No. UP2012 -025 (PA2012 -142) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Building and Fire Department Conditions 21. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 22. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The facility shall be designed to meet entrance, path of travel, restroom, dining room seating, and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 23. The construction plans must meet all applicable State Disabilities Access requirements. 24. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 25. A Type I hood shall be required if any cooking is conducted that produces grease laden vapors per C.F.C. Section 609.2. 26. A wet chemical extinguishing system complying with UL300 will be required if cooking is conducted that produces grease laden vapors per C.F.C. Section 904. 27. A portable fire extinguisher shall be provided and maintained per C.F.C. Section 904.11.5. A 2A 10BC shall be required for the serving area. A fire extinguisher with a class K rating shall be provided where a type I hood is required and provided with a fire extinguishing system. 28. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -045 Paqe 9 of 9 29. All exits shall remain free of obstructions and available for ingress and egress at all times. Revenue Department Conditions 30. A valid business license from the City of Newport Beach with 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. Tmplt: 05/1612012