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HomeMy WebLinkAboutZA2012-044 Sweet Lady Jane Bakery MUPRESOLUTION NO. ZA2012 -044 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -024 FOR SWEET LADY JANE BAKERY, A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3732 EAST COAST HIGHWAY (PA2012 -138) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Scott Laidlaw of LSArchitects on behalf of SLJ Bakeries, LLC, with respect to property located at 3732 East Coast Highway, and legally described as Lot 4, Block 'W', of Tract 323 requesting approval of a minor use permit. 2. The applicant proposes to convert 1,660 square feet of retail space to a food service, eating and drinking establishment, which will have an interior net public area of 280 square feet with 12 seats and an accessory outdoor dining area of 70 square feet with 8 seats. The proposed hours of operation are 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11:00 p.m., Thursday through Saturday. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 28, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to convert retail space to a food service, eating and drinking establishment. The existing space will be remodeled with approval of a tenant improvement building permit. Zoning Administrator Resolution No. ZA2012 -044 Paqe 2 of 9 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 CC (Corridor Commercial), which 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 project is a food service, eating and drinking establishment to be located within an existing retail tenant space. This use is consistent with the General Plan Corridor Commercial (CC) land use designation, which allows these types of uses. 2. This type of use will not only serve the residents within the area, but will also serve visitors and commuters travelling on East Coast Highway. The proposed floor plan is designed such that the cake decorating occurs within the storefront window area in order to draw pedestrian traffic. 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 site is located within the Commercial Corridor (CC) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate to a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed food service, eating and drinking establishment is consistent with the land uses permitted within this zoning district and is designed such that it will encourage and draw pedestrian activity. 2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit Requirements), the proposed project requires approval of a minor use permit, because it is located within 500 feet of the residential zoning district located north of the subject site. Late hours and /or alcohol are not proposed. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 3 of 9 3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing mixed -use development is considered nonconforming due to parking and use. Pursuant to Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 5. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one parking space for every 30 to 50 square feet of net public area. The proposed project has an interior net public area of 280 square feet with accessory outdoor dining of 70 square feet providing seating for a maximum of 20 customers. One (1) parking space for every 40 square feet of net public area is a reasonable number to require for the proposed use, given the operational characteristics. Based on the interior net public area of the proposed establishment, 7 parking spaces are required (280 sq. ft. / 40 sq. ft. = 7). The accessory outdoor dining is excluded from the parking requirement since it is equal to 25 percent of the interior net public area. 6. The 1,660- square -foot retail space requires 7 parking spaces and the proposed food service, eating and drinking establishment requires 7 parking spaces; therefore, the project complies with Section 20.38.060 (Nonconforming Parking). 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 The proposed project involves interior alterations to convert an existing retail space within a nonconforming mixed -use development to a food service, eating and drinking establishment. 2. The proposed use will provide bakery products for retail sale and will provide seating for a maximum of 20 customers. The operational characteristics of the use are that of a food service, eating and drinking establishment, which is a common use in commercial buildings along East Coast Highway in Corona del Mar. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 4 of 9 3. The hours of operation of the establishment will be between 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11:00 p.m., Thursday through Saturday. 4. The proposed establishment will be located within an existing nonconforming mixed -use building in a nonresidential zoning district. Although it is located less than 500 feet from a residential district directly to the north (within approximately 25 feet), it is not facing the residential properties and is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and any noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 5. 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. 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 building has existed since the 1940s. The conversion of retail space to a food service, eating and drinking establishment will not negatively affect emergency access. The design, size, location, and operating characteristics of the use are compatible with the existing uses within the surrounding area. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 5 of 9 Facts in Support of Finding The project has been reviewed and this approval includes conditions 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 restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. 3. 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 in the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -024, 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 fourteen days after the adoption of this Resolution unless within such time an appeal 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 28TH DAY OF NOVEMBER, 2012. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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. 3. Any change in operational characteristics, hours of operation, 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. 4. Minor Use Permit No. UP2012 -024 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 Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. The indoor net public area shall be limited to a maximum of 280 square feet and 12 seats. 10. The outdoor net public area shall be limited to a maximum of 70 square feet and 8 seats. If the adjacent tenant installs seating inside the courtyard area, said seating shall be for exclusive use of the adjacent tenant. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 7 of 9 11. Prior to the issuance of building permits, improvement plans shall indicate how the outdoor dining area (70 square feet) will be delineated (e.g. paint). 12. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area equaling a total of 7 parking spaces. 13. The hours of operation for the eating and drinking establishment are limited from 7:00 a.m. to 11:00 p.m., daily. 14. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Manager and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 18. The size, design, and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Division prior to issuance of building permits. 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 Community Development Director, 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. 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, Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 8 of 9 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 Sweet Lady Jane Bakery MUP including, but not limited to Minor Use Permit No. UP2012 -024 (PA2012 -138) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Building Division and Fire Department Conditions 23. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 24. 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. 25. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 26. The construction plans must meet all applicable State Disabilities Access requirements. 27. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 28. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 29. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 30. All exits shall remain free of obstructions and available for ingress and egress at all times. Tmplt: 05/16/2012 Zoning Administrator Resolution No. ZA2012 -044 Paqe 9 of 9 31. A Type I hood shall be installed at or above all commercial cooking appliances used for commercial purposes that produce grease laden vapors. Each required commercial kitchen exhaust hood and duct system shall be protected with an approved automatic fire - extinguishing system. Public Works Department Conditions 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. An encroachment permit is required for all work activities within the public right -of -way. 34. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 35. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the East Coast Highway frontage. 36. A new sewer cleanout shall be installed on the existing sewer lateral with a traffic - grade box and cover per City Standard STD - 406 -L. Said sewer cleanout shall be located within the public right -of -way. Revenue Department Conditions 37. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Tmplt: 05/16/2012