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HomeMy WebLinkAboutZA2018-007 - A MINOR USE PERMIT SUPERSEDING UP2015-027 AND MODIFYING THE HOURS OF AN EXISTING TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT - 2233 WEST BALBOA BOULEVARD, SUITE 110RESOLUTION NO. ZA2018-007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA SUPERSEDING MINOR USE PERMIT NO. UP2015-027 AND APPROVING MINOR USE PERMIT NO. UP2017-027 TO MODIFY THE HOURS OF AN EXISTING TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2233 WEST BALBOA BOULEVARD, SUITE 110 (PA2017-194) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Albasha LLC (“Applicant”), with respect to property located at 2233 West Balboa Boulevard, Suite 110, and legally described as Lot 9, 10, 11, 12, 13, 14 and 15, in Block 22 of Newport Beach, as shown on map recorded in Book 3, Page 26, Miscellaneous Maps, Records of Orange County, requesting approval of a minor use permit. 2. Applicant proposes a minor use permit to extend the hours of an existing take-out service limited, eating and drinking establishment with six seats in a mixed-use building. Proposed hours of operation are 7 a.m. to 2 a.m., where the existing use permit allows business hours of 7 a.m. to 11 p.m. daily. There are no alcohol sales proposed as a part of this application. If approved this minor use permit would supersede UP2015-027. 3. The Property is located within the Mixed-Use Water Related (“MU-W2”) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (“MU- W2”). 4. The subject Property is located within the Coastal Zone. The Coastal Land Use category is Mixed Use Water Related (MU-W) and it is located within the Mixed Use Water Related (MU-W2) Coastal Zoning District. The project is exempt from coastal development permitting requirements because project does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on January 25, 2018 in the Corona del Mar Conference Room (Bay E-1st Floor) located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). 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 Zoning Administrator Resolution No. ZA2018-007 Page 2 of 8 Tmplt: 04/14/10 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves no alteration of an existing mixed use building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), 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 MU-W 2 (Mixed-Use Water Related) General Plan and Coastal Land Use Plan land use designations apply to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. 2. The take-out service limited, eating and drinking establishment with late hours is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach and is consistent with the MU -W2 land use designation. 3. A variety of small eating and drinking establishments exist within the multi -tenant building and the take-out service is 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 located in the Mixed-Use Water Related (MU-W2) Zoning District. The existing establishment, which includes kitchen facilities, six seats, no alcohol service , and late hours is a permitted use subject to approval of a minor use permit pursuant to NBMC 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). Zoning Administrator Resolution No. ZA2018-007 Page 3 of 8 Tmplt: 04/14/10 2. The property is nonconforming due to a deficiency in on -site parking for the nonresidential uses. Six parking spaces are provided on -site, where, based on a retail parking ratio of one space per 250 square feet, a total of 42 spa ces (10,400/250=41.6) are required. Each residential unit is provided a two-car garage, consistent with the Zoning Code. The extension of hours does not require additional parking and the property will remain legal, nonconforming. 3. As conditioned, the establishment will comply with Zoning Code standards for eating and drinking establishments, including those specific to the take -out service limited use classification, which includes a maximum of six seats. 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 location of the take-out service use is appropriate given the establishment is accessible from 23rd Street, West Balboa Boulevard and two alleys, which provides convenient access to motorists, pedestrians, and bicyclists. 2. The mixed-use building contains various retail and visitor-serving commercial uses including small eating and drinking establishments. The existing establishment is compatible with the existing and allowed uses in the area. 3. The McFadden Square area, served by municipal parking lots and the close proximity to multiple commercial uses, including many operating with late hours, and beach and coastal recreation areas, will result in shared trips to the eating and drinking establishment. 4. As conditioned, the allowed hours of operation will be 7 a.m. to 2 a.m., daily. The area is an established commercial area with several establishments operating with late hours, including Mutt Lynch’s (restaurant/bar with alcohol service and late hours located at 2300 West Oceanfront) located approximately 78 feet west of the subject property. 5. The applicant is required to comply with NBMC Section 20.30.070 (Outdoor Lighting), which ensures compatibility with surrounding uses. The project does not include changes to existing outdoor lighting. 6. The existing trash storage area at the rear of the property is adequate to accommodate the food service use, including the extended hours, and is conveniently located where materials can be deposited and collected, and does not impede with the parking spaces. Zoning Administrator Resolution No. ZA2018-007 Page 4 of 8 Tmplt: 04/14/10 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 subject Property is developed with the existing take -out service, limited food service eating and drinking establishment. There is adequate public and emergency vehicle access, public services, and utilities, which are existing onsite. There is no proposed expansion to the existing building. 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 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 patrons of the establishment. 2. The resolution includes a condition that requires the premises and immediate surroundings to be kept clear of litter and graffiti at all times to ensure there are no conflicts with the surrounding commercial tenants. Additionally, the project includes a condition of approval requiring doors to remain closed after 11 p.m. and noise to be contained within the tenant space. This is to ensure compatibility with surrounding residential uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-027, 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 (14) days after the adoption of this Resolution unless within such time an appeal is filed with the Community Zoning Administrator Resolution No. ZA2018-007 Page 5 of 8 Tmplt: 04/14/10 Development Director in accordance with the provisions of Newport Beach Municipal Code Title 20 Planning and Zoning. 3. This resolution supersedes Use Permit No. UP2015-027 as approved by the Zoning Administrator on July 16, 2015, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-007 Page 6 of 8 Tmplt: 04/14/10 EXHIBIT “A” CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. Minor Use Permit No. UP2017-027 shall expire if not exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 4. This Minor 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. 5. 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. 6. 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 Minor Use Permit. 7. All exits shall remain free of obstructions and available for ingress and egress at all times. 8. 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 NBMC to require such permits. 9. 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. Zoning Administrator Resolution No. ZA2018-007 Page 7 of 8 Tmplt: 04/14/10 10. 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 building permits. 11. The hours of operation for the take-out limited, food service eating and drinking establishment shall be limited to 7 a.m. to 12 a.m. daily. 12. The sale of alcohol shall not be permitted. 13. The maximum number of seats allowed within the eating and drinking establishment shall be six (6). No outdoor seating is permitted unless an amendment to this Minor Use Permit is acquired. 14. There shall be no dancing allowed on the premises. 15. Live entertainment shall not be permitted unless an amendment to this Minor Use Permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 16. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of NBMC Section 20.42. 17. No temporary “sandwich” signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 18. 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. 19. 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. 20. 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. 21. 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 dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2018-007 Page 8 of 8 Tmplt: 04/14/10 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. 24. 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 permit. 25. Doors shall be kept closed after 11 p.m. and noise shall be confined to the interior of the tenant space. 26. The operator of the establishment shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 27. Strict adherence to occupancy limits is required. 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 Chocolate Bash Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-027 (PA2017-194). 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. 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. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.