HomeMy WebLinkAboutZA2015-015 - SUITE 104 - MUP FOR A BAKERY CAFE - 100 Coast Hwy W RESOLUTION NO. ZA2015-015
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-004 FOR A FOOD SERVICE, EATING AND
DRINKING ESTABLISHMENT LOCATED AT 100 W. COAST
HIGHWAY (PA2015-021)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Xanadu Bakery Newport Beach LLC., with respect to property
located at 100 W. Coast Highway, and legally described as PCL 1, Parcel Map 2010-133
requesting approval of a Minor Use Permit.
2. The applicant proposes a food service, eating and drinking establishment within a 1,456-
square-foot vacant commercial space located within the Mariner's Pointe shopping
center. The proposal includes 16 seats within a 484-square-foot interior dining area and
12 seats within a 121-square-foot outdoor dining area. No late hours (after 11:00 p.m.) or
alcohol sales are proposed as part of this application.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 26, 2015, 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.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 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
improve an existing commercial space to an eating and drinking establishment.
3. A Mitigated Negative Declaration (SCH No. No. 2011041038) was prepared for the
development of the shopping center in accordance with the implementing guidelines of
the California Environmental Quality Act (CEQA) and approved by the City Council on
August 9, 2011.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F 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 the site is CG (General Commercial)
which is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. The proposed use is consistent with
this designation.
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
1. The site is within the CG (Commercial General) Zoning District which is intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs The proposed eating and drinking
establishment use is consistent with the land uses permitted within this zoning
district and the conditions of approval will ensure that the use is compatible with the
adjacent residential areas.
2. Pursuant to Section 20:22.020 (Table 2-5 Allowed Uses and Permit Requirements),
the proposed project requires approval of a minor use permit.
3. Required parking for the Mariner's Pointe was previously determined based on
documentation and a number of assumptions, including: 1) the Shared Parking
Analysis prepared by LSA Associates, Inc., dated July 22, 2011; 2) a limitation that
the maximum New Public Area (NPA) for eating and drinking uses be limited to
5,210 square feet; and 3) the proposed floor area for eating and drinking uses will
be occupied by fine dining establishments with very low turnover with a parking
demand of 1 space 50 square feet of NPA. Pursuant to Condition No. 7 of City
Council Resolution No. 2011-86, any changes to the assumed tenant mix or
changes in the type of food use that would increase parking demands may require
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the preparation of a new shared parking analysis approved by the Community
Development Department to ensure adequate parking is provided on site to
support the peak parking demands.
4. An Updated Shared Parking Analysis — Mariner's Pointe, dated March 25, 2015,
has been prepared and approved by the Community Development Department to
evaluate the on-site parking supply versus the demand that will occur for parking
throughout the day based on the current anticipated mix of uses and operational
characteristics, including the proposed cafe and bakery. Given the characteristics
of the use, a parking demand of 1 space per 40 square feet of floor area is
appropriate due to the higher turnover of customers expected. The updated shared
parking analysis indicates that because of the different peak hours of operation of
the assumed mix of tenants, not all of the uses within the project will require their
full allotment of parking spaces at the same time. The analysis indicates that the
total parking required has two separate peaks: 1) one peak during the early
afternoon with a total demand for 117 parking spaces at 1:00 p.m.; and 2) a second
peak in the early evening with a total demand of 134 parking spaces at 6:00 p.m.
Therefore, the project is anticipated to provide a surplus of nine spaces based on
the shared parking analysis.
5. Section 20.40.040 of the Zoning Code includes a provision that excludes a portion
of outdoor dining area (equal to 25 percent of the interior NPA) from the required
parking calculations. The proposed outdoor dining area is 121 square feet which is
equal to 25 percent of the net public area.
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 proposed project involves improvements within an existing commercial
suite to construct kitchen facilities for the new establishment.
2. The proposed operation will consist of a kitchen, storage area, preparation and
work space, customer service area with a counter, restroom, interior and
exterior seating area. A maximum of six employees will be present at any one
time. The proposed hours of operation will be 6:00 a.m. to 5:00 p.m., daily.
3. The proposed eating and drinking establishment will be complementary to the
other uses in the Mariner's Pointe shopping center, which will include retail
stores, food services, and other commercial uses. It contributes to making the
shopping center a viable commercial node for the neighborhood and visitors.
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4. The proposed eating and drinking establishment will provide a convenience for
residents of the neighborhood and visitors to the area and provides adequate
parking within the parking structure on-site.
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 proposed project will be located in a space within a recently built
commercial building and will involve improvements of the space to construct
kitchen facilities. There are no proposed changes to the site or the exterior
fagade of the building.
2. As conditioned, the food service will be designed with an exhaust system
installed with a pollution control unit to filter and control odors. Temporary
refrigerated trash storage may also be required to control odors associated with
food wastes.
3. Adequate public and emergency vehicle access, public services, and utilities
are provided on-site and are accessed from W. Coast Highway and Dover
Drive.
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
1. The project has been reviewed and this approval includes conditions 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.
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2 The restrictions on net public area and compliance with the approved parking
management plan for the site will prevent adverse traffic and parking impacts for
the surrounding residential and commercial uses.
3. The proposed food service, eating and drinking establishment will help the new
commercial building establish as a shopping center and serve residents and
visitors alike.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Application No.
UP2015-007, 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.
PASSED, APPROVED, AND ADOPTED THIS 261h DAY OF MARCH, 2015.
N
re d Wisneski, Al P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans including seating plan, and building elevations stamped and dated with the date of
this approval. (Except as modified by applicable conditions of approval.)
2. Use Permit No. UP2015-007 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.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. Prior to implementation of this use permit, all revisions for the shell of the commercial
building regarding the subject tenant space shall be permitted and completed.
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
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 6:00 a.m. through
10:00 p.m., daily.
8. The sale of alcohol shall not be permitted.
9. The maximum net public area shall be 484 square feet.
10. The outdoor dining shall not exceed 121 square feet (25 percent of the net public area)
and shall remain entirely on private property with no encroachment into the public-
right-of-way.
11. Parking shall be provided at a rate of one (1) space for each 40 square feet of net
public area and shall comply with the approved parking management plan in effect for
the site. Any change to this would require an amendment to this use permit.
12. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment
to this use permit or the processing of a new use permit.
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13. Temporary refrigerated trash storage shall be provided to control odors associated
with food waste, unless otherwise approved by the Community Development Director.
14. Kitchen exhaust fans shall be installed and maintained in accordance with the Uniform
Mechanical Code.
15. The exhaust systems for the food use shall be installed with pollution control units to
filter and control odors and shall be located entirely within the structure, except for a
required vent that may be located on the roof in a location approved by the Planning
Division.
16. 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.
17. 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.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. All trash shall be stored within the building or within the existing dumpsters stored in
the trash enclosure. The trash enclosure shall comply with Zoning Code Section
20.30.120 including three walls, a self-latching gate and a decorative solid roof for
aesthetic and screening purposes.
20. 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.
21. 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.
22. 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.
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. 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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25. Prior to the issuance of the building permit, fair share fees shall be paid for the change in
use from general commercial to food service.
26. 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 Xanadu Cafe MUP including, but not limited to, the
Minor Use Permit No. UP2015-007 (PA2015-021). 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.
Fire Department Conditions
27. Pursuant Fire Code Section 609.2, a Type 1 hood shall be installed at or above all
commercial cooking appliances and domestic cooking appliances used for commercial
purposes that produce grease vapors. Type 1 hood shall require separate review and
permit by the Building Division and Fire Department.
28. Pursuant to C.F.C. Section 904.2.1, required commercial kitchen exhaust hood and
duct system required by Section 609 shall have a Type 1 hood and shall be protected
with a wet-chemical extinguishing system as pursuant to C.F.C. Sec. 904.5.
Building Division Conditions
29. 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.
30. Provide wheel chair accessible access to all areas of the tenant space, including kitchen
and storage areas.
31. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
32. Implementation of the food service use requires fire sprinklers per the Municipal Code.
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