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HomeMy WebLinkAboutPA2021-031_20220428_Resolution_ZA2022-032Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 29, 2022 Optima Group Inc Attn: Tony Chen ogitonyc@gmail.com Subject: Coastal Development Permit No. CD2021-009 Minor Use Permit No. UP2021-007 (PA2021-031) 200 Main Street and 804 East Balboa Boulevard Mochinut Dear Mr. Chen: It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on April 28, 2022 and is now within the required City appeal period until May 12, 2022. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, pachis@newportbeachca.gov, 949-644-3237 cc: JSL Balboa LLC joejtna@aol.com RESOLUTION NO. ZA2022-032 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2021-007 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-009 FOR A NEW RESTAURANT LOCATED AT 200 MAIN STREET AND 804 EAST BALBOA BOULEVARD (PA2021-031) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Optima Group Inc (Applicant), with respect to property located at 200 Main Street and 804 East Balboa Boulevard, and legally described as Lot 9, Block 11, of Tract A, requesting approval of a minor use permit and a coastal development permit. 2. The Applicant requests a minor use permit and coastal development permit to allow the operation of a 784-square-foot restaurant with 300 square feet of customer area (food service, no late hours). Alcohol service and/or late hours (after 11:00 p.m.) are not proposed. The project requires no additional parking pursuant to Newport Beach Municipal Code (NBMC) Sections 20.28.030 and 21.28.030 (Parking Management [PM] Overlay District). 3. The subject property is located within the Mixed-Use Vertical (MU-V) Zoning District and the General Plan Land Use Element category is Mixed Use Vertical (MU-V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Vertical (MU-V) and it is located within the MU-V (Mixed-Use Vertical) Coastal Zone District. 5. A public hearing was held on April 28, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The project includes improvements to the 784-square-foot commerical suite to create a customer ordering and point of sales area, a kitchen and prep area, and a storage room. The project also includes accessibility upgrades to the restroom in the tenant suite and new rooftop mechanical equipment fully screened from public view. Zoning Administrator Resolution No. ZA2022-032 Page 2 of 11 01-25-19 2. Class 3 exempts new commercial construction of less than 10,000 square feet in floor area, if zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, 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 category for this site is MU-V Mixed-Use Vertical. MU-V is intended to provide for the development of properties for mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. The proposed restaurant is consistent with this land use category and is not expected to introduce excessive noise, vibration, odors, or other activities that would adversely impact on-site residential units. 2. Eating and drinking establishments (i.e., “restaurants”) and visitor-serving uses exist in the Balboa Village area. The proposed restaurant would be complementary to the surrounding commercial and residential 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. The project includes improvements to the 784-square-foot commerical space to create a customer ordering and point of sales area, a kitchen and prep area, and a storage Zoning Administrator Resolution No. ZA2022-032 Page 3 of 11 01-25-19 room. The project also includes accessibility upgrades to the common bathroom in the building and new rooftop mechanical equipment fully screened from public view. The equipment parapet screen will be painted to match the existing building’s architecture. The Applicant proposes ten (10) seats within the 300 square foot customer area and the proposed hours of operation are from 9:00 a.m. to 11:00 p.m., daily. Due to the project’s proximity to residential uses, Staff recommends the hours of operation to be 9:00 a.m. to 10 p.m., daily. A restaurant is a permitted use in the MU-V Zoning District subject to the approval of a minor use permit pursuant to NBMC Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). 2. The subject property was originally developed in 1928, and currently has a two (2)-story mixed-use building. The building has two (2) commercial tenant suites on the ground floor and two (2) residential units on the second floor. The existing mixed-use structure is being renovated under Building Permits Nos. X2020-0011 and X2020-0012, so no tenants currently occupy the building. The site does not provide on-site parking. The building is considered legal nonconforming for parking. 3. In order to implement the provisions of the Balboa Village Parking Management Overlay District Plan (PM-1) within the Coastal Zone, the City submitted a consolidated coastal development permit application to the California Coastal Commission on March 11, 2022, in accordance with Subsection 21.28.030(E) (Coastal Development Permit Required) of the NBMC. As the City’s application is pending review and approval, the Applicant’s request includes a coastal development permit to analyze the off-street parking requirement. 4. As demonstrated by the Balboa Village Parking Management Plan, prepared by Nelson Nygaard in May 2012, the project is in a relatively dense area with multiple uses within a short distance of each other. This proximity results in shared trips to multiple destinations or attractions, which reduces the amount of vehicular traffic. Balboa Village is also conducive to a significant number of pedestrians, bicyclists, and Balboa Peninsula Trolley riders, but tends to experience parking shortages in the daytime during the summer months. Ample parking is typically available during the rest of the year. Several municipal lots, including Palm Street, Washington Street, Balboa Pier and the A Street, and on-street parking are available in the area to accommodate the proposed use in both the summer season and the off-season months. Furthermore, given its location in center of Balboa Village, the restaurant is expected to generate a significant amount of walk-in traffic from residents and visitors already in the area during the peak summer months. 5. The proposed restaurant will comply with the standards for eating and drinking establishments, including those specific to the eating and drinking establishments under NBMC Section 20.48.090 (Eating and Drinking Establishments). The restaurant does not request alcohol service or late hours. Operational Conditions of Approval Nos. 4, 5, 6, 17, 21, 22, and 23 ensure that the restaurant will maintain compliance. Zoning Administrator Resolution No. ZA2022-032 Page 4 of 11 01-25-19 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 restaurant can be accessed by either motorists, pedestrians, or cyclists from Main Street or East Balboa Boulevard. 2. Balboa Village is developed with a mix of uses including retail, office, and eating and drinking establishments. The proposed establishment is compatible with the existing and allowed uses. 3. Condition of Approval No. 4 limits the allowed hours of operation from 9:00 a.m. to 10:00 p.m., daily, which will minimize the potential for disturbances to the residential uses to the rear of the property. 4. A trash enclosure is currently provided on-site. All waste and recycling will be taken to the existing trash room inside the building. Condition of Approval No. 24 requires the operator maintain the trash area such that odors are controlled appropriately. Should the existing trash area be determined by the City in the future to be inadequate, the Applicant will be required to increase the frequency of pickups. 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 the prominent northeastern corner of Main Street and East Balboa Boulevard, which is located at the center of Balboa Village. This area experiences heavy vehicular traffic and pedestrian activity in the summer season. The proposed restaurant is not expected to result in the creation of excessive vehicular and pedestrian activity. 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. Zoning Administrator Resolution No. ZA2022-032 Page 5 of 11 01-25-19 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 restaurant will add additional dining options to the neighborhood 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 surrounding community. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road or public access way. The restaurant is located on a developed mixed-use site. The restaurant complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing pattern of development within Balboa Village. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2022-032 Page 6 of 11 01-25-19 2. Facts in Support of Finding B.3 and B.4 is hereby incorporated by reference. 3. Improvements are complementary to the area; the subject restaurant and other restaurants within Balboa Village have similar operational features. 4. Development authorized by this permit is not located in any environmentally sensitive habitat area (ESHA) and public access to the coast will not be blocked. Coastal access is increased by adding an amenity for visitors. The proposed operation does not contain ESHA, wetlands, or sandy beach area. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. However, the site does not have any coastal resources on or adjacent to it as the area is completely developed. The site does not provide any form of public access and it is not located along the coast; it is an inland parcel not fronting Newport Harbor or the Pacific Ocean. The Coastal Land Use Plan (CLUP) identifies the ends of Main Street public access points to the beach, as well as East Ocean Front as lateral access to the beach. The proposed development does not inhibit with the existing public access to the beach. 2. No public coastal views are present through the project site and the project is consistent with all applicable development standards provided in Title 21 that are intended to protect the visual quality of the coast and to protect coastal views. The nearest public viewpoint, as identified by the CLUP, is located on the Balboa Pier. The subject property does not interfere with public coastal views. In addition, the proposed project is anticipated to enhance the East Balboa Boulevard corridor by bringing a new storefront forward towards the public right-of-way. 3. See Fact in Support of Finding B.3, hereby incorporated for reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has Zoning Administrator Resolution No. ZA2022-032 Page 7 of 11 01-25-19 no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-007 and Coastal Development Permit No. CD2021-009 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 and Title 21 Local Coastal Implementation Plan, of the NBMC. The project site is located within the appeal area of the coastal zone; therefore, final action by the City may be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF APRIL, 2022. Zoning Administrator Resolution No. ZA2022-032 Page 8 of 11 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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 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 Minor Use Permit. 4. The hours of operation for the establishment shall be limited to 9:00 a.m. through 10:00 p.m., daily. 5. There shall be no sales and/or service of alcohol permitted unless a new use permit is approved. 6. Customer seating shall be limited to no more than ten (10) seats. 7. Customer area (i.e., “net public area”) shall not exceed 300 square feet. 8. No outdoor seating is permitted unless an amendment to this Minor Use Permit or a Limited Term Permit is acquired. 9. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the NBMC. 10. There shall be no use of amplified sound and/or live entertainment in the expanded dining area. 11. New rooftop equipment screening shall be architecturally compatible with the building to the satisfaction of the Planning Division. 12. This Minor Use Permit No. UP2021-007 and Coastal Development Permit No. CD2021-009 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. Zoning Administrator Resolution No. ZA2022-032 Page 9 of 11 01-25-19 13. This Minor Use Permit and Coastal Development 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. 14. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and an amendment to this Minor Use Permit or the processing of a new Minor Use Permit may be required. 15. 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. 16. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 17. 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. 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 (NBMC). 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. 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. 20. Construction activities shall comply with Section 10.28.040 (Construction Activity— Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday Zoning Administrator Resolution No. ZA2022-032 Page 10 of 11 01-25-19 through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 21. No outside paging system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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). 25. All trash dumpsters and/or receptacles shall have a solid cover or lid. The lid shall remain closed when the dumpster is not in use. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 Zoning Administrator Resolution No. ZA2022-032 Page 11 of 11 01-25-19 whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Mochinut including, but not limited to, Minor Use Permit No. UP2021-007 and Coastal Development Permit No. CD2021-009 (PA2021-031). 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. Public Works 31. The Applicant is required to install a new sewer cleanout on the existing sewer lateral per City Standard Drawing No. 406. Building Division 32. 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. 33. Approval from the Orange County Health Department is required prior to the issuance of a building permit.