HomeMy WebLinkAbout20180628_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 28, 2018
Agenda Item No. 2
SUBJECT: Acai Republic Minor Use Permit (PA2018-112)
Minor Use Permit No. UP2018-006
SITE LOCATION: 948 Avocado Avenue
APPLICANT: JP&AP Enterprises
OWNER: Irvine Company
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
•General Plan: CG (General Commercial)
•Zoning District: PC27 (Newport Village Planned Community)
PROJECT SUMMARY
A minor use permit to allow a juice bar (take-out service, limited) to operate in an existing 773-square-foot, ground floor commercial tenant space of a commercial plaza. Theproject includes tenant improvements to create a preparation area, front counter, and
customer waiting area. The proposed hours of operation are 8:00 a.m. to 10:00 p.m.,
daily. No late hours (after 11:00 p.m.) or alcohol sales are proposed as 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 (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.UP2018-006 (Attachment No. ZA 1).
DISCUSSION
•The proposed juice bar is located within an existing commercial plaza at thenorthwest corner of East Coast Highway and Macarthur Boulevard and provides a
wide variety of commercial activities oriented primarily to serve citywide or regional
needs. The site includes a 515-space surface parking lot.
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• The applicant requests a minor use permit to allow a juice bar (take-out service,
limited), within an existing 773-square-foot retail tenant space and a maximum of 6 seats. The applicant has requested proposed hours of operation from 8:00 a.m. to 9:00 p.m., daily; however, to provide future flexibility, staff is recommending a
closing time of 10:00 p.m. No late hours (after 11:00 p.m.) or alcohol service are
proposed as part of this application.
• The proposal complies with Zoning Code standards for a take-out service, limited,
eating and drinking establishment, including the condition not to exceed a
maximum of six seats.
• The General Plan designates the site as General Commercial (CG) which is
intended to provide for a wide variety of commercial activities oriented primarily to
serve citywide or regional needs. The proposed establishment is a commercial use
intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the use is consistent with this land use category.
• The property is in Area 5 (Retail) of the Newport Village Planned Community
(PC27). This designation is intended to be developed as a specialty retail commercial center and permits a broad range of commercial uses including retail uses, restaurants, and uses which are service in nature. Specialty food uses (take-
out service, limited), are listed as a permitted use; however, pursuant to Table 2-5
of Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning Districts
Land Uses and Permit Requirements) approval of a minor use permit is required due to its location within 500 feet of a residential zoning district.
• The project site includes a 515-space surface parking lot. PC27 requires a
minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area for Area 5 (Retail) for all uses, including the proposed juice bar. No
intensification or enlargement is proposed; therefore, no additional parking is
required.
• The proposed take-out service, limited, eating and drinking establishment will add
additional take-out options to the project site and provide an economic opportunity
for the property owner to update the tenant space and provide additional services
to residents and visitors.
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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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:
__________________________ David S. Lee, Assistant Planner
JM/dl
Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-006 FOR A TAKE-OUT SERVICE, LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 948 AVOCADO AVENUE (PA2018-112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by JP&AP Enterprises with respect to property located at 948
Avocado Avenue, and legally described as Parcel 1 of Resubdivison 973.
2. The applicant requests a minor use permit to allow a juice bar (take-out service, limited),
within an existing 773-square-foot retail tenant space and a maximum of 6 seats. The
proposed hours of operation are from 8:00 a.m. to 10:00 p.m., daily. No late hours (after
11:00 p.m.) or alcohol service are proposed as part of this application.
3. The subject property is located within the Newport Village Planned Community (PC27) 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 June 28, 2018 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 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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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 General Commercial (CG) which is intended to
provide for a wide variety of commercial activities oriented primarily to serve citywide or
regional needs.
2. The proposed establishment is a commercial use intended to serve nearby residents,
the surrounding community, and visitors to the City of Newport Beach. Therefore, the
use is consistent with this land use category.
3. The proposed take-out service, limited, establishment would be complementary to the
surrounding commercial and residential uses.
4. 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 property is in Area 5 (Retail) of PC27. This designation is intended to be developed
as a specialty retail commercial center and permits a broad range of commercial uses
including retail uses, restaurants, and uses which are service in nature. Specialty food uses (take-out service, limited), are listed as a permitted use; however, pursuant to
Table 2-5 of Newport Beach Municipal Code Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements) subject to the approval of a minor use
permit is required due to its location within 500 feet of a residential zoning district.
2. The project site includes a 515-space surface parking lot. PC27 requires a minimum of
4.9 off-street parking spaces for every 1,000 square feet of gross floor area for Area 5
(Corona Del Mar Plaza) for all uses, including the proposed juice bar. No intensification
or enlargement is proposed; therefore, no additional parking is required.
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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, which includes a maximum of six seats.
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 establishment within the commercial plaza will be accessible from
Avocado Avenue and Macarthur Boulevard, which provide convenient access for
motorists, pedestrians, and bicyclists.
2. The proposed establishment is compatible with the existing and allowed uses in the
area, which consist of retail commercial and residential developments.
3. A commercial development is located to the east of the property. As conditioned, the
allowed hours of operation will be 8:00 a.m. to 10:00 p.m., daily, which will minimize any disturbance to residences near the property.
4. The proposed juice bar will share an existing trash enclosure directly behind the building
that is surrounded by three walls and a self-latching gate. It is conveniently located
where materials can be deposited and collected, and does not impede with parking spaces.
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 515-space parking lot provides adequate circulation for patrons.
2. The Fire Department reviewed the project and site to ensure adequate public and
emergency vehicle access is provided.
3. 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.
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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. 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. 2. The proposed take-out service, limited, eating and drinking establishment will add
additional take-out options to the project site and provide an economic opportunity for
the property owner to update the tenant space and provide additional services to
residents and visitors. 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.
4. The proposed use includes limited hours, no alcohol service is proposed, and there is no increased parking demand. Based upon the Zoning Code requirements, the
proposed use will not result in a detriment to the existing retail shopping center 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. UP2018-006 (PA2018-112), 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.
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PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JUNE, 2017.
_____________________________________ Patrick J. Alford, Zoning Administrator
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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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
5. The hours of operation for the establishment shall be limited to 8:00 a.m. through 10:00
p.m., daily.
6. The sale of alcohol shall not be permitted.
7. The maximum number of seats allowed in the eating and drinking establishment shall
be six (6). No outdoor seating is permitted without further review and may require an
amendment to this Minor Use Permit.
8. 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.
9. 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.
10. 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 and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
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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.
11. 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.
12. 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.
13. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure or otherwise screened from view of neighboring properties. Trash bins shall
have a lid which shall remain closed at all times, except when being loaded or while
being collected by the refuse collection agency. Additionally, the operator must monitor
all trash receptacles, having them emptied, maintained, and cleaned when necessary as to control odors and any nuisances.
14. 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.
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
10:00 p.m. and 7:00 a.m., on weekdays and Saturdays, and between the hours of 10:00
p.m. and 9:00 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 container enclosure.
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 on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permit.
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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.
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 Acai Republic Minor Use Permit including, but not limited to, Minor Use Permit
No. UP2018-006 (PA2018-112). 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. UP2018-006
PA2018-112
948 Avocado Avenue
Subject Property
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Attachment No. ZA 3
Project Plans
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