HomeMy WebLinkAboutZA2014-010 - MUP TO ALLOW A PERSONAL SERVICES RESTRICTED ESTABLISHMENT (CLUB DETOX) - 1040 Bayside DrRESOLUTION NO. ZA2014 -010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014 -003 FOR A PERSONAL SERVICES, RESTRICTED
USE AND RELATED TAKE -OUT SERVICE, LIMITED EATING
AND DRINKING ESTABLISHMENT USE LOCATED AT 1040
BAYSIDE DRIVE (PA2014 -023)
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.
2. The applicant proposes a minor use permit to allow a Personal Services, Restricted use
in conjunction with a Take -out Service, Limited Eating and Drinking Establishment use.
The applicant proposes to provide sauna treatments, nutritional and lifestyle coaching,
and an accessory use preparing and selling natural vegetable and fruit juices for both off -
and on -site consumption with seating for four patrons. The proposed hours of operation
are between 8:00 a.m. and 9:00 p.m., Monday through Friday, 9:00 a.m. and 6:00 p.m.
on Saturday, and 10:00 a.m. and 4:00 p.m. on Sunday.
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).
4. 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 March 27, 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:
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.
Zoning Administrator Resolution No. ZA2014 -010
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The proposed project involves interior improvements to an existing retail tenant space
to establish a day spa and take -out service, limited eating and drinking establishment
use and no expansion of gross floor area. Therefore, the project qualifies for a
categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.0205 (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 personal services, restricted and take -out service, limited eating and
drinking establishment uses provide a service to the neighboring residential areas.
Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of the Zoning Code, the CN District allows personal services,
restricted uses subject to the approval of a minor use permit. Take -out service, limited
eating and drinking establishment uses are also required to obtain a minor use permit
when proposed within 500 feet of a residential zoning district.
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Zoning Administrator Resolution No. ZA2014 -010
Page 3 of 7
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. The change of use from a beauty salon to a
day spa with a take -out service, limited eating and drinking establishment use will not
necessitate any additional parking space requirements.
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:
The personal services, restricted and take -out service, limited eating and drinking
establishment uses will occupy an existing 1,500- square -foot tenant space within the
Bayside Shopping Center. The space will be improved with five sauna rooms, a
small -scale kitchen, and a juice counter. Seating for up to four patrons is proposed;
however, as conditioned a maximum of six seats are allowed within the establishment
as a convenience to patrons of the accessory food service use.
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 primarily that of a day spa
and are compatible with the residential and other commercial uses in the vicinity.
As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 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 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 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.
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Zoning Administrator Resolution No. ZA2014 -010
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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
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 -003, 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 27TH DAY OF MARCH, 2014.
, Zoning Administrator
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Zoning Administrator Resolution No. ZA2014 -010
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 -003 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
8:00 a.m. and 9:00 p.m., daily.
8. A maximum number of six seats may be provided inside the establishment.
9. The maximum number of employees working at any one time shall be four.
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
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
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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.
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Zoning Administrator Resolution No. ZA2014 -010
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22. 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.
23. 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 Club Detox MUP including, but not limited to, the
Minor Use Permit No. UP2014 -003 (PA2014 -023). 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.
24. 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.
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