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HomeMy WebLinkAboutZA2014-039 -Suite 120 - MINOR USE PERMIT 800 Newport CenterDrive RESOLUTION NO. ZA2014-039 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-035 FOR AN ACCESSORY EATING AND DRINKING ESTABLISHMENT WITH NO ALCOHOL SERVICE AND NO LATE HOURS OF OPERATION (AFTER 11:00 P.M.) LOCATED AT 800 NEWPORT CENTER DRIVE (PA2014-133) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gensler, representing property owner, the Irvine Company, with respect to property located at 800 Newport Center Drive, requesting approval of a minor use permit. The property is legally described as Parcel 1 of Resubdivision No. 612 as recorded in Book 136, Page 22 of parcel maps of the County of Orange, California, being a division of a portion of Block 55 of Irvine's subdivision as shown on the map recorded in Book 1 Page 88 of Miscellaneous Record Maps, Records of Orange County, California. 2. The applicant requests a minor use permit to expand an existing 1,143-square- foot cafe by 471 square feet into an adjacent retail tenant space. The cafe will operate with 810 sq ft of net public area and 36 seats, where the existing approval authorizes 12 seats. No alcohol service, live entertainment, dancing, or late hours of operation (after 11:00 p.m.) are proposed. The existing cafe operates under Modification Permit No. MD3782. 3. The subject property is located within the Block 800 Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District and the General Plan Land Use Element category is CO-R(Regional Commercial Office). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 16, 2014, 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. Zoning Administrator Resolution No. ZA2014-039 Page 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. The proposed restaurant is less than 2,500 square feet. Therefore, the use qualifies for a categorical exemption under Class 3. SECTION 3. REQUIRED FINDINGS. Pursuant to the PC-56 (North Newport Center Planned Community) Zoning District, eating and drinking establishments require the approval of a minor use permit. The existing establishment operates pursuant to Modification Permit No. MD3782. The requested expansion of the cafe is considered a substantial change in operation that requires an amendment to the existing approval. In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) 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 expanded eating and drinking establishment with no late hours and no alcohol service is consistent with the CO-R (Regional Commercial Office) land use designation of the General Plan. The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Food Service uses are expected to be found in this area as an accessory and complementary use to the surrounding commercial office uses. 2. The project site is not located within 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 3 of 9 Facts in Support of Finding: 1. Eating and drinking establishments require the approval of a minor use permit within the PC-56 (North Newport Center Planned Community) Zoning District for Block 800. The cafe is intended to serve tenants within the Block 800 office development. 2. The proposed use will comply with all applicable development and parking standards including those specific to the eating and drinking use classification. 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. Bistro 24 will occupy the existing cafe tenant space and expand into an adjacent retail tenant space. Prior to the expansion, a cafe has operated in this location since 1990. The tenant space within the office complex has operated as an eating and drinking establishment in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. 2. The proposed hours of operation are from 6:00 a.m. to 7:00 p.m. Because the conditions of approval require that the cafe close by 7:00 p.m. daily and prohibit alcohol service, live entertainment, and dancing, disturbance to adjacent uses is not anticipated. 3. Adequate parking is provided for the restaurant during all hours of operation. A minimum of 12 parking spaces are available for the restaurant's use within the parking pool for Block 800. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 5. Existing trash storage for the restaurant is provided within a trash enclosure within the parking area. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. 6. This is an existing restaurant location that is compatible with other commercial uses in the area. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 4 of 9 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 project site is located within an existing office building and the tenant space is designed and developed for an eating and drinking establishment to serve tenants within the building. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. 2. The existing parking lot and structure provides adequate circulation and parking spaces for patrons. Parking is in close proximity to the restaurant and does not create a traffic hazard in the surrounding area. 3. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The renovation and expansion of the existing cafe will help the establishment serve as a support facility to office tenants located in Block 800. The establishment provides dining services as a public convenience to the surrounding development. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours for the cafe are appropriate for the area and sufficient parking is available in the area to accommodate the restaurant. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 5 of 9 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Reach hereby approves Minor Use Permit No. UP2014-035 (PA2014-133), 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 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. 3. This resolution supersedes Modification Permit No. MD3782, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 161h DAY OF OCTOBER, 2014. 4�k"'K red Wisneski, AI P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. Use Permit No. UP2014-035 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, 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 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. 7. 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. 8. 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. 9. 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. 10. 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 Permit file. The plans shall be identical to those approved by all City 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 7 of 9 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. 11. The establishment shall provide a maximum of 36 interior seats. 12. The hours of operation for food service, eating and drinking establishment are limited from 6:00 a.m. to 7:00 p.m., daily. 13. A minimum of 12 parking spaces shall be available for the cafe at a rate of one space per three seats. 14. Live entertainment, dancing, and alcohol service shall be prohibited. 15. 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. 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. 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). 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 8 of 9 20. 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 Use Permit. 21. 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. 22. 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. 23. 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 Newport Beach Municipal Code. 24. 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 Bistro 24 cafe including, but not limited to, UP2014-035 (PA2014-133). 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 Conditions 25. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-039 Page 9 of 9 26. 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. 27. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Conditions 28. The parking layout shall comply with City Standard STD-805-L-A and STD-805- L-B. 29. County Sanitation District fees shall be paid prior to the issuance of any building permits. 07-22-2014