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HomeMy WebLinkAbout2041 - UNIT #A - CONDITIONAL USE PERMIT TO ALLOW A NEW HEALTH FOOD RESTAURANT (FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT) WITH AN ADJUSTMENT TO REQUIRED PARKING - 3021 E Coast Hwy RESOLUTION NO. 2041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2016-037 FOR A RESTAURANT LOCATED AT 3021 EAST COAST HIGHWAY SUITE A (PA2016-141) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Poppy Holguin, with respect to property located at 3021 East Coast Highway Suite A, and legally described as Tract 323, Block H, Lots 1, 2, and 3, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to establish a 1,243-square-foot restaurant, Jan's Health Bar, with 410 square feet of net public area in a vacant space within a shopping center. Proposed hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Saturday, and 8:00 a.m. to 5:00 p.m. on Sunday. There will be no alcohol, live entertainment, or dancing. Also included is a request to waive 4 parking spaces. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on December 8, 2016, in the Council Chambers 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 Planning Commission at this public 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 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The proposed business is located within an existing building where only interior alterations are required to accommodate the new use. Planning Commission Resolution No. 2041 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within 500 feet of a residential zoning district require the approval of a minor use permit within the Commercial Corridor (CC) Zoning District. In accordance with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements), off-street parking requirements may be reduced with the approval of a conditional use permit so long as the applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces or that other parking is available and a parking management plan is prepared in compliance with NBMC Subsection 20.40.110(C). In accordance with Subsection 20.52.020(F) (Findings and Decision), 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 land use designation for this site is Corridor Commercial (CC). The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is consistent with this designation because it will provide a service to the surrounding neighborhood. 2. The subject property is not a part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions in the Zoning Code and Municipal Code. Facts in Support of Finding: 1. The site is located in the Commercial Corridor (CC) Zoning District. The CC Zoning District is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is consistent with land uses permitted by the CC Zoning District because it will provide a service to the surrounding neighborhood. 2. The proposed use will comply with all development standards. 3. A total of four parking spaces to accommodate this restaurant are waived with this approval. The reduction in the parking requirement is consistent with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements) based on the availability of off-street parking, on-street parking and a nearby municipal lot, for 05-26-2016 Planning Commission Resolution No. 2041 Page 3 of 8 which the applicant will purchase permits. The available parking spaces at the shopping center shown in the submitted parking study indicate that the actual parking demand of the center is less than the code-required parking. A parking management plan has been prepared in compliance with NBMC Subsection 20.40.110(C). 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. Retail uses such as restaurants are common in the vicinity along East Coast Highway and serve visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 2. The proposed use is located within an existing shopping center and complements the existing mix of retail, service, and restaurant uses in the center. A bank previously operated in this location, and the space is currently vacant. 3. The shopping center abuts residential uses to the north and west; however, the tenant space faces East Coast Highway and a grocery store and there is no outdoor dining proposed. 4. The hours of operation for the restaurant will be from 8:00 a.m. to 9:00 p.m., daily. There are no late hours (after 11:00 p.m.) proposed. 5. A condition of approval has been included requiring the business owner to purchase parking permits on behalf of the employees to park in the municipal lot on Bayside Drive to help ensure adequate on-site and adjacent on-street parking is available. 6. The restaurant specializes primarily in juices, smoothies, soups, salads, and sandwiches and will provide a quick dining experience. It is expected that many patrons of the restaurant will also visit other establishments of the center. 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. Although the site does not provide the minimum number of off-street parking spaces on-site, there is additional parking available on nearby streets, as shown by the submitted parking study. Additionally, a condition of approval has been 05-26-2016 Planning Commission Resolution No. 2041 Page 4 of 8 included requiring the business owner to purchase parking permits on behalf of the employees to park in the municipal lot on Bayside Drive. 2. The proposed eating and drinking establishment is located in an existing multi- tenant shopping center that consists of two buildings and a 71-space surface parking lot. The mix of uses in the center is typical of a neighborhood shopping center and adequate vehicle and pedestrian circulation is provided. 3. Adequate public and emergency vehicle access, public services, and utilities are provided. 4. The tenant improvements at 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, 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. 2. A restaurant is a common service use that can be expected within retail/commercial shopping centers such as the subject shopping center. 3. The proposed restaurant will serve the surrounding residential community. This provides an economic opportunity for the property owner to update the tenants and services to best serve the surrounding residential community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-037 (PA2016-141), 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 City in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 05-26-2016 Planning Commission Resolution No. 2041 Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF DECEMBER, 2016. AYES: Dunlap, Koetting, Kramer, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Hillgren, Lawler BY: ory Kra er, hairm n BY: - Peter Zak, Secrar 05-26-2016 Planning Commission Resolution No. 2041 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 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 provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Use Permit No. UP2016-037 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. There shall be no outdoor dining. 6. The hours of operation for the eating and drinking establishment shall be limited to the hours between 8:00 a.m. and 9:00 p.m., daily. 7. The Parking Management Plan, per Zoning Code Section 20.10.110(C), shall consist of the purchase eight annual parking permits for employees to park at the Bayside Drive municipal parking lot. 8. 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. 9. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine 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. 10. 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. 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. 05-26-2016 Planning Commission Resolution No. 2041 Page 7 of 8 12. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 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. 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. 15. 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. 16. 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. 17. The project and all tenant improvements must comply with the most recent, City-adopted version of the California Building Code. 18. All 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 time periods unless the ambient noise level is higher. Between the hours of TOOAM Between the hours of and 10:OOPM 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. 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 Jan's Health Bar Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2016-037 (PA2016-141). This indemnification shall include, but not be limited to, damages awarded against the City, if 05-26-2016 Planning Commission Resolution No. 2041 Page 8 of 8 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 20. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code (CFC) Section 609.2. 21. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with this code. CFC Sec. 904.2.1. 22. Complete plumbing, mechanical, and electrical plans are required. 05-26-2016