HomeMy WebLinkAboutZA2016-019 - MINOR USE PERMIT - ESTABLISH A JUICE BAR (TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT) - 609 Balboa Blvd E RESOLUTION NO. ZA2016-019
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-010 TO ALLOW OPERATION OF A JUICE BAR
(TAKE-OUT SERVICE, LIMITED EATING AND DRINKING
ESTABLISHMENT) IN AN EXISTING COMMERCIAL TENANT
SPACE LOCATED AT 609 EAST BALBOA BOULEVARD
(PA2016-040)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Green Element 365, Inc., with respect to property located at
609 East Balboa Boulevard, and legally described as an undivided 50% (one-half)
interest in that portion of Parcel 1 of Parcel Map No. 2002-127, in the City of Newport
Beach, County of Orange, State of California, recorded in Book 333, Pages 27 and 28 of
Parcel Maps, as per map recorded in the office of the County Recorder of said county,
shown and defined as "Common Area" on the Condominium Plan recorded June 18,
2007, as Instrument No. 07-386043 of Official Records of said county, requesting
approval of a minor use permit.
2. The applicant proposes a juice bar (Take-Out Service, Limited Eating and Drinking
Establishment) to operate in an existing 920-square-foot vacant ground floor commercial
tenant space of a two-story mixed-use development. The project includes tenant
improvements to create a food preparation area, front counter, retail area and signs. The
proposed hours of operation are from 6:00 a.m. to 6:00 p.m., daily, with potential
adjustments due to seasonal changes.
3. The subject property is designated Mixed Use Vertical (MU-V) by the General Plan Land
Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District.
4. The subject property is located within the coastal zone. The designated land use within
the Coastal Land Use Plan is Mixed Uses Vertical (MU-V).
5. A public hearing was held on April 14, 2016, 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.
1. This project has been determined to be categorically exempt pursuant to Section
15301 of the State CEQA (California Environmental Quality Act) Guidelines under
Class 1 — (Existing Facilities).
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2. This exemption authorizes minor alterations to existing structures involving negligible
or no expansion of use. The proposed project involves alterations to the interior floor
plan of an existing commercial space with no expansion in use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 General Plan designates the site as MU-V (Mixed-Use Vertical), which is intended
to provide for the development of properties for mixed-use structures that vertically
integrate housing with nonresidential uses including retail, office, restaurants and
similar uses.
2. The proposed establishment 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-V land use category.
3. A variety of small eating and drinking establishments exist nearby and the proposed
take-out service would be complementary to the surrounding commercial and
residential uses.
4. The subject property is not part of a specific plan area.
Finding:
8. 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 Vertical (MU-V) Zoning District. The
proposed take-out service, limited eating and establishment, which includes kitchen
facilities, no alcohol service, and no late hours, is a permitted use subject to the
approval of a minor use permit pursuant to Newport Beach Municipal Code Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements).
2. The property is also located within the Balboa Village Parking Management Overlay
District. Pursuant to Municipal Code Section 20.28.030D, no off-street parking shall be
required for any new nonresidential use or intensification of uses except the following
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Zoning Administrator Resolution No. ZA2016-019
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uses as defined by the Zoning Code: assembly/meeting facilities, commercial
recreation and entertainment, cultural institutions, all marine services uses, schools,
and visitor accommodations. The proposed use is a take-out service, limited eating
and drinking establishment, and based upon the proposed design with a potential for
limited seating, no additional parking is required.
3. As conditioned, the proposed establishment will comply with Zoning Code standards
for eating and drinking establishments, including those specific to the take-out service
limited 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. The location of the proposed use is appropriate given the establishment will be
accessible from East Balboa Boulevard, which provides convenient access to
motorists, pedestrians, and bicyclists.
2. The mixed-use development contains four other tenant spaces occupied by various
retail and service uses. The proposed establishment is compatible with the existing
commercial and residential uses in the area.
3. As conditioned, the allowed hours of operation will be 6:00 a.m. to 10:00 p.m. daily,
which should minimize any nuisances to residents living near the property.
4. Conditions of approval are also included to limit the hours of deliveries, to ensure
adequate trash receptacles are provided for patrons, and to prohibit the sales and
service of alcohol.
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 existing parking lot provides adequate circulation and parking spaces for patrons.
2. The Fire Department found no deficiencies with the proposed use and adequate public
and emergency vehicle access is provided.
3. Any proposed site improvements must comply with applicable provisions of the Zoning
Code and all Building, Public Works, and Fire Codes.
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Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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. Conditions of approval such as those which limit the hours of operation and deliveries,
require trash receptacles, and prohibit alcohol sales and services are included to help
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.
2. The proposed food service, eating and drinking establishment will help revitalize the
project site and provide an economic opportunity for the property owner to update the
tenant space, and provide additional services to the residents and visitors alike.
3. The applicant is required to obtain Health Department approval prior to opening for
business, and comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-010 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 or call for review is filed with the Director
of Community Development in accordance with the provisions of Title 20, Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF APRIL, 2016.
AreodW"isneski, Aling Administrator-
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Department
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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. 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.
5. 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 Minor Use Permit or the processing of a new minor use permit unless
determined to be in substantial conformance with the plans and conditions by the
Community Development Director,
6. 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.
7. The hours of operation shall be limited between 6:00 a.m. and 10:00 p.m., daily.
8. The maximum number of seats, including stand-up counter area, for patrons shall be
limited to a total of 6. The addition of any seating shall be reviewed and approved by
the Building Division to ensure compliance with the Building Code.
9. There shall be no outdoor dining unless otherwise reviewed and approved by the
Planning Division.
10. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. 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. Complete sets of drawings
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including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
11. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
12. There shall be no dancing allowed on the premises, no live entertainment, and no service
of alcohol unless an amendment to this Minor Use Permit or the processing of a new
minor use permit is first approved.
13. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 of the Newport Beach
Municipal Code.
14. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
15. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified tirne periods unless the
ambient noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial propert
Mixed Use Property 45d3A 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16. 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.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. 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. Collection shall occur as frequently as necessary to prevent accumulation of
trash.
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19. 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.
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 Green Element 365 Juice Bar including, but not limited
to, Minor Use Permit No. UP2016-010 (PA2016-040). 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.
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