HomeMy WebLinkAbout20191114_ZA_Staff Report
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 14, 2019
Agenda Item No. 4
SUBJECT: Shokuh Patisserie (PA2019-180)
Minor Use Permit No. UP2019-047
SITE LOCATION: 1735 Westcliff Drive
APPLICANT: Ali Sharbaf Shoar
OWNER: Westcliff Court Limited Partners
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan: CG (General Commercial)
Zoning District: CG (Commercial General)
PROJECT SUMMARY
The applicant proposes a minor use permit to allow a take-out service, limited eating and
drinking establishment (restaurant) within an existing commercial tenant space formerly
occupied by a retail shoe store. The 904-square-foot restaurant would include 337 square
feet of net public area and a maximum of six seats. No alcohol or late hours (after 11 p.m.)
are proposed as a part of this application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2019-047 (Attachment No. ZA 1).
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Shokuh Patisserie (PA2019-180)
Zoning Administrator, November 14, 2019
Page 2
DISCUSSION
x The proposed location is an existing tenant space within the Westcliff Court
commercial center located between Westcliff Drive and Sherington Place, west of
Dover Drive. The multi-tenant commercial center contains a variety of retail,
service and restaurant uses, with a shared surface parking lot along both street
frontages.
x The applicant requests a minor use permit to allow a bakery with take-out service
and a maximum six seats. The business would operate seven days a week,
between the hours of 7:30 a.m. and 5:30 p.m. Staff recommends allowing a closing
time of 10 p.m. to allow for future flexibility. No late hours (after 11 p.m.) or alcohol
service are proposed as part of this application.
x The General Plan land use designation for this site is CG (General Commercial).
The CG designation is intended to provide for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs. The proposed
bakery is consistent with this land use category.
x A take-out service, limited eating and drinking establishment (no alcohol, no late
hours) with a maximum of six seats is permitted in the CG (Commercial General)
zoning district. A minor use permit is required because the subject property is
located within 500 feet of a residential zoning district.
x Pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.040 (Off-Street
Parking Spaces Required), the parking requirement for take-out service, limited
restaurants is one parking space for each 250 square feet of gross floor area. The
required parking for the proposed use is therefore consistent with the required
parking for the retail business that previously occupied this tenant space. No
increase in parking demand is proposed.
x The proposed take-out service, limited, eating and drinking establishment will add
additional take-out options to the area.
ENVIRONMENTAL REVIEW
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.
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Shokuh Patisserie (PA2019-180)
Zoning Administrator, November 14, 2019
Page 3
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
GR/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project 3ODQV
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2019-047 FOR A TAKE-OUT SERVICE, LIMITED, EATING
AND DRINKING ESTABLISHMENT LOCATED AT 1735
WESTCLIFF DRIVE (PA2019-180)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by ShRNXK3DWLVVHULH (“applicant”) with respect to property
locatedat 1735 Westcliff Drive, and legally described as Lot 6 and a portion of Lot 7 in
Tract 4225,requesting approval of a minor use permit.
The applicant proposes a minor use permit to allow a take-out service, limited eating
anddrinking establishment (restaurant) within an existing commercial tenant space
formerlyoccupied by a retail shoe store. The 904-square-foot restaurant will include
337 squarefeet of net public area and a maximum of six seats. No alcohol or late hours
(after 11 p.m.)are proposed as a part of this application.
The subject property is located within the Commercial General (CG) Zoning District
andthe General Plan Land Use Element category is General Commercial (CG).
The subject property is not located within the coastal zone.
A public hearing was held on November 14, 2019, in the Corona del Mar Conference
Room(Bay E-1st floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place andpurpose of the meeting was given in accordance with the Newport Beach
MunicipalCode. Evidence, both written and oral, was presented to, and considered by,
the ZoningAdministrator at this meeting.
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. 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 floor area.
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Zoning Administrator Resolution No. ZA2019-###
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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 land use designation for this site is CG (General Commercial). The
CG designation is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. The proposed restaurant and bakery is
consistent with this land use category.
2. The proposed take-out service, limited establishment would be complementary to the
surrounding commercial uses.
3. 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. A take-out service, limited eating and drinking establishment (no alcohol, no late hours)
with a maximum of six seats is permitted in the CG (Commercial General) zoning district.
A minor use permit is required because the subject property is located within 500 feet
of a residential zoning district.
2. Pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.040 (Off-Street
Parking Spaces Required), the parking requirement for take-out service, limited
restaurants is one parking space for each 250 square feet of gross floor area. The
required parking for the proposed use is therefore consistent with the required parking
for the retail business that previously occupied this tenant space.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
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Zoning Administrator Resolution No. ZA2019-###
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Facts in Support of Finding:
1. Consistent with the retail parking rate, the proposed restaurant (take-out, limited)
requires parking at a rate of one parking space for each 250 square feet of gross floor
area; therefore, no additional parking is required.
2. The proposed establishment is complementary to the existing and allowed uses in the
area, which consist of a variety of retail, service and restaurant uses.
3. As conditioned, the allowed hours of operation will be 7:30 a.m. to 10:00 p.m. daily. No
late hours are proposed.
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 project site is located on Westcliff Drive in a commercial area with moderate
vehicular traffic and pedestrian activity.
2. Adequate public access and all utilities are provided on site. Any additional utility needs
will be required to be addressed at plan check.
3. The Fire Department reviewed the project and determined that adequate public and
emergency vehicle access is provided.
4. Any proposed site and tenant improvements must comply with the Zoning Code and all
Building, Public Works, and Fire Codes for permits to be issued.
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. 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 the patrons of the establishment.
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Zoning Administrator Resolution No. ZA2019-###
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2. The proposed take-out service, limited eating and drinking establishment will add
additional take-out options to the area.
3. The applicant is required to obtain approval from the Orange County Health Department
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.
4. The proposed use includes no late hours, no alcohol service, and there is no increased
parking demand. Based upon the Zoning Code requirements, the proposed use will not
result in a detriment to the subject commercial site or surrounding community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2019-047 (PA2019-180), 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 or call for review 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 14
TH DAY OF NOVEMBER, 2019.
_______________________________
James Campbell, Zoning Administrator
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Zoning Administrator Resolution No. ZA2019-###
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval, except as modified by applicable
conditions of approval.
2. 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 Minor
Use Permit.
3. 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.
4. 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.
5. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
6. The hours of operation for the establishment shall be limited to 7:30 a.m. to 10:00 p.m.
daily.
7. The sale of alcohol shall not be permitted.
8. A maximum of six seats is permitted. No additional seating, including outdoor seating,
is permitted without further review and may require an amendment to this Minor Use
Permit.
9. Any change in operational characteristics, 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.
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 the
building permits.
11. 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
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Zoning Administrator Resolution No. ZA2019-###
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building permit issuance. The approved copy shall include architectural sheets only 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.
12. Prior to issuance of building permits, the project plans shall identify if the building is
protected with automatic fire sprinklers and/or a fire alarm system to the satisfaction of
the City’s Life Safety Services 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. Trash receptacles for patrons shall be conveniently located outside of the establishment
but not located on or within any public property or right-of-way.
15. 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.
16. 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).
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m., on weekdays and Saturdays, and between the hours of 10 p.m. and
9 a.m. on Sundays and federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Minor Use Permit.
18. 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 containers.
19. 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 onsite
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permit.
20. 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.
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21. 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 Shokuh Patisserie including, but not limited to, Minor Use Permit No. UP2019-
047 (PA2019-180). 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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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2019-047
PA2019-180
1735 Westcliff Drive
Subject Property
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Attachment No. ZA 3
Project 3ODQV
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