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HomeMy WebLinkAboutZA2014-026 - A MINOR USE PERMIT TO ALLOW A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHIN 500 FEET OF A RESIDENTIAL ZONING DISTRICT. - 1064 Bayside DrRESOLUTION NO. ZA2014 -026 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014 -022 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT USE LOCATED AT 1064 BAYSIDE DRIVE (PA2014 -099) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the Irvine Company, with respect to property located at 1040 Bayside Drive, and legally described as Parcel 1 of Lot Line Adjustment No. LLA 98 -06 requesting approval of a minor use permit. The applicant proposes a minor use permit to allow the operation of a new food service, eating and drinking establishment use within an existing commercial shopping center. No late hours (after 11:00 p.m.) or alcohol service is requested as part of the application. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held on July 10, 2014, 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 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 improvements to an existing retail bakery tenant space to establish a food service, eating and drinking establishment use and no expansion of gross floor area. Therefore, the project qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2014 -026 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. 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 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: The General Plan Land Use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed project is consistent with this land use designation as it will provide an additional service within the Bayside Shopping Center to the nearby residential communities. The operation has also been conditioned to help ensure it maintains compatibility with both commercial and residential uses in the immediate area. 2. 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: The site is located in the Commercial Neighborhood (CN) Zoning District. This designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment use will provide a service to the neighboring residential areas. 2. Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the Zoning Code, the CN District allows food service, eating and drinking establishment uses subject to the approval of a minor use permit when proposed within 500 feet of a residential zoning district. 3. The Bayside Shopping Center utilizes a shopping center parking requirement consistent with Zoning Code Section (20.40.050 Parking Requirements for Shopping Centers). Under this section, the shopping center may be parked at a rate of one parking space per every 200 square feet of gross floor area on the condition that it is less than 100,000 square feet in gross building area and has a limited amount of eating and drinking establishment uses (15% of the gross floor area). The change of 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -026 Page 3of7 use from a retail bakery (Java Bakery Cafe) to a food service, eating and drinking establishment use will not necessitate any additional parking space requirements as the eating and drinking establishment uses will comprise 11 % of the gross floor area. Findinc: 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: The food service, eating and drinking establishment use will occupy an existing 1,316- square -foot tenant space within the Bayside Shopping Center. The space will be improved with a small -scale kitchen and related storage areas, a restroom, and a dining area with seating for up to 20 patrons. The project is located within the Bayside Shopping Center. Nearby uses include residential, personal services, retail sales, eating and drinking establishments, and a bank. The operational characteristics of the project are conditioned to help ensure the use is compatible with the residential and other commercial uses in the vicinity. 3. As conditioned, the allowed hours of operation are 7:00 a.m. to 10:00 p.m., daily, thereby limiting the likelihood of late night/early morning land use conflicts with nearby residences and businesses. Finding: D. The site is physically suitable in terms characteristics, and the provision of public access and public services and utilities. Facts in Support of Finding: Of design, location, shape, size, operating and emergency vehicle (e.g., fire and medical) The Bayside Shopping Center is approximately five acres and is developed with approximately 56,000 square feet comprised of one large multi- tenant building, one smaller pad building, and a parking lot area. The existing buildings and parking lot have functioned satisfactorily with the current configuration which allows vehicular access from three separate driveways along Bayside Drive. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 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 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -026 Page 4 of 7 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 use will serve the surrounding commercial and residential community, as well as visitors to the area. 2. The operation has been conditioned with limited hours of operation to help minimize any potential detriment to the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014 -022, 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 after the adoption of this Resolution 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. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF JULY, 2014. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -026 Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Minor Use Permit No. UP2014 -022 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. 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. 7. The hours of operation for the establishment shall be limited to between the hours of 7:00 a.m. and 10:00 p.m., daily. 8. A maximum number of 20 seats may be provided inside the establishment. 9. No alcohol sales or service shall be permitted unless an amendment to this Use Permit is obtained. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 11. 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. 12. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor Use 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -026 Page 6 of 7 Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. 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. 14. 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. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 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). 19. 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 Minor Use Permit. 20. 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. 21. 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -026 Page 7 of 7 22. 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 the The Waffle Affair MUP including, but not limited to, the Minor Use Permit No. UP2014 -022 (PA2014 -099). 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 Division 23. 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. 24. Pursuant to Section 422.2 of the California Plumbing Code, separate toilet facilities shall be provided for each sex. Fire Department 25. A type I hood protected with an approved automatic fire- extinguishing system will be required for cooking of products which produce grease laden vapors. 10 -15 -2013