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HomeMy WebLinkAboutPA2023-0041_20230525_ZA_Action LetterCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 26, 2023 Adam Schell 801 E Balboa Blvd Newport Beach, CA 92661 adam@cruiserspbg.com Subject: PA2023-0041 701 Via Lido Soud Lido Island Snack Bar Dear Mr. Schell, 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 May 26, 2023 and effective on June 11, 2023. A copy of the approved action letter 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, CC/oo COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Lido Island Snack Bar PA2023-0041 ▪ Limited Term Permit Site Location 701 Via Lido Soud Applicant Cruizers Pizza Bar Grill Legal Description Tract 907 Lots 20 to 25 On May 26, 2023, the Zoning Administrator approved a limited term permit to allow a temporary snack bar (hereafter the “snack bar”) in the patio area of the Lido Isle Yacht Club located at 701 Via Lido Soud for less than 90 days. The existing patio area will be used as a seating and waiting area for the snack bar. The snack bar will occupy the existing kitchen and sell quick-service foods such as pizza, burgers, hot dogs, chicken tenders, fries and soft pretzels. The snack bar will operate with a type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and will be permitted to operate from June 11, 2023, to September 9, 2023. LAND USE AND ZONING • General Plan Land Use Plan Category: PI (Private Institutions) • Zoning District : PI (Private Institutions) • Coastal Land Use Plan Category: PI-A (Private Institutions – 0.0-0.30 FAR) • Coastal Zoning District: PI (Private Institutions) I. FINDINGS Pursuant to Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of those findings are set forth: Finding: A. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15311 under Class 11 (Accessory Structures) Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 2 Tmplt: 07/25/19 Facts in Support of Finding: 1. Class 11 exempts the placement and use of seasonal or temporary items such as lifeguard towers, mobile food units, portable restrooms, or similar items. The proposed temporary snack bar will occupy the existing outdoor patio space within the Lido Isle Yacht Club for a limited time period and will not change the operational nature of the existing yacht club use. 2. 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. Finding: B. The operation of the limited duration use at the location proposed and within the time period specified 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 requested limited duration use; Facts in Support of Finding: 1. The Limited Term Permit will allow the snack bar to sell quick-service foods such as pizza, burgers, hot dogs, chicken tenders, fries and soft pretzels on-site for a limited duration of less than 90 days. In addition, the snack bar will operate with a Type 41 (On-Sale Beer and Wine) State Department of Alcoholic Beverage Control (ABC) license. Consumption of alcohol will be limited to the existing 893-square-foot patio area, which is enclosed by an existing 42-inch-tall metal and glass railing. A temporary ABC compliant barrier will be installed in the areas that are not currently closed off. 2. The operation of the snack bar is limited between the hours of 11 a.m. to 8 p.m., daily, to reduce the impact of noise and traffic to surrounding residents. The snack bar is allowed to be in operation between June 11, 2023, to September 9, 2023. 3. The proposed snack bar patio area is approximately 47-feet in width and 19-feet in depth, and is approximately 893-square-feet. The snack bar will occupy the existing patio area of the Lido Isle Yacht Club for a limited duration. Queuing customers will gather within the patio area immediately adjacent to a order window. 4. Conditions of approval require the area of the snack bar to be maintained daily for the removal of trash. All trash shall be stored within the building or within the on-site trash enclosures, screened from view of neighboring properties. Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 3 Tmplt: 07/25/19 5. The Police Department, Public Works Department, Fire Department and Building division reviewed the project and do not have any concerns with the proposed limited term permit as conditioned. Finding: C. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The subject lot is rectangular in shape and approximately 19,000 square feet. Based on the site plan, there is adequate area to accommodate the proposed snack bar and existing uses. The snack bar will occupy the existing patio area of the Lido Isle Yacht Club for less than 90 days. 2. The lot is bound by Via Lido Soud to the north, 725 Via Lido Soud to the east, Via San Remo to the west, and the Newport Channel to the south. The adjacent right-of- ways (Via Lido Soud and Via San Remo) separate the lot from nearby residential properties within the R-1 (Single-Unit Residential) Zoning District to the north and west. Residential properties to the east are separated from the existing patio area, where the proposed snack bar will be located, by approximately 106-feet. Finding: D. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; Fact in Support of Finding: 1. The subject lot is bound by Via Lido Soud to the north and Via San Remo to the west. The snack bar is located in the existing outdoor patio area of the Yacht Club and will not impede access to the beach and docks located along the southern side of the site. The existing club operates without parking and serves residents of and visitors to Lido Isle. On-street parking located adjacent to the site is adequate to serve the limited vehicular traffic expected to be generated by the proposed temporary use. Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 4 Tmplt: 07/25/19 Finding: E. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator; Facts in Support of Finding: 1. The proposed limited-duration snack bar will create nominal additional parking demand since it is small in size and operate from 11 a.m. to 8 p.m., daily. 2. The snack bar is intended to serve residents and guests of Lido Isle and is therefore expected to primarily generate foot traffic. On-street parking located adjacent to the site is adequate to serve the limited vehicular traffic expected to be generated by the proposed temporary use. Finding: F. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The General Plan land use category for this site is PI (Private Institutions). The PI category is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed use is accessory to the existing yacht club use, will be used for a limited duration on-site, and will not impede use of the site consistent with the PI category. 2. The site is located in the PI (Private Institutions) Zoning District. The PI designation is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The proposed use is ancillary to the existing yacht club use, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the PI designation. The PI Zoning District allows temporary uses as specified within the Zoning Code and the proposed limited-duration use is consistent with this designation. 3. The site is located in the PI (Private Institutions) land use category of the Coastal Land Use Plan and is within the PI (Private Institutions) Coastal Zone District. The PI designation is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 5 Tmplt: 07/25/19 assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. Table 21.26-1 of the NBMC indicates that temporary uses and accessory structures are allowed within the PI Coastal Zone District. As the project is the temporary use of the existing outdoor patio space for retail sales of quick-service foods, including alcohol sales, it is exempt from obtaining a coastal development permit consistent with Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of the NBMC. The project’s operation is not within a sensitive area and is further not expected to prove detrimental to any coastal resources, including access and views. 4. The site is not located within a specific plan area. II. CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan except as noted in the following conditions. 2. Anything not specifically approved by this Limited Term Permit is prohibited and must be addressed by a separate and subsequent review. 3. The snack bar shall be located within the the patio area of the Lido Isle Yacht Club, as shown on the site plan (Attachment No. ZA 2). 4. The temporary snack bar is permitted on-site for a duration between June 11, 2023, to September 9, 2023. Operation of a snack bar outside of the dates specified is prohibited. 5. Operation of and access to the snack bar shall be limited to the hours of 11 a.m. to 8 p.m., daily. 6. The snack bar shall comply with the noise standards of Chapter 10.26 (Community Noise Control) of the City of Newport Beach Municipal Code. The maximum noise generated by the proposed use shall not exceed a noise level equal to the value of the noise standard plus 20 DBA for any period of time, as measured using A- weighted slow response. The Code Enforcement Officer may require additional sound testing and attenuation at his/her discretion to comply with the noise standards of the Municipal Code. 7. The snack bar and customer queuing shall not obstruct the public right-of-way. Patrons shall be prohibited from standing or waiting within the adjacent public right- of-way. 8. The snack bar shall not block any firefighting equipment such as fire hydrants, standpipe connections, or fire department connections. 9. There shall be no hazardous materials stored within the snack bar. Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 6 Tmplt: 07/25/19 10. There shall be no trash stored within the snack bar or within the vicinity of the snack bar. All trash shall be stored within the church building or within dumpsters stored in the on-site trash enclosures, screened from view of neighboring properties. 11. The exterior of the snack bar shall be maintained free of trash, 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. 12. The snack bar shall be securely locked when not in use. 13. No objects (such as construction materials, etc.) shall be stored behind and/or in the vicinity of the snack bar. 14. All routes to the snack bar and service transactions shall be accessible. 15. Five percent of available seating or no less than one seat, whichever is greater, shall be accessible for patrons. 16. The Limited Term Permit is for the operation of one temporary snack bar for the hours and dates specified only. 17. Should the snack bar become a detriment to the public health, comfort, convenience, safety, and general welfare of the peace and quiet of the neighboring properties and their inhabitants, this permit may be revoked. 18. The Community Development Director may impose whatever reasonable conditions are deemed necessary to assure that the snack bar is compatible with adjoining uses and does not result in significant negative impacts to the health, safety, peace, comfort and the welfare of persons residing or working in the general vicinity. Police Department 19. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 20. The approval is for a snack bar with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 41 (On-Sale Beer and Wine) license, in conjunction with the snack stand as the principal use of the facility. 21. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 7 Tmplt: 07/25/19 22. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 23. A prepared food service menu shall be made available to patrons at all times. 24. No off-sales of alcohol shall be permitted. 25. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. Records of each owner’s manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 26. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall always maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 27. 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 the Lido Island Yacht Club Snack Bar including, but not limited to, Limited Term Permit No. PA2023-0041. 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the NBMC. For additional information on filing an appeal, contact the Planning Division at 949-644- 3200. Lido Isle Yacht Club Snack Bar (PA2023-0041) May 25, 2023 Page 8 Tmplt: 07/25/19 Prepared by: Approved by: CC/oo Attachments: ZA 1 Vicinity Map ZA 2 Project Description Letter ZA 3 Site Plan Attachment No. ZA 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Limited Term Permit PA2023-0041 701 Via Lido Soud Subject Property Tmplt: 07/25/19 Attachment No. ZA 2 Project Description Letter Project Description and Justification Letter Lido Island Snack Stand Dates: June 6 - September 4 (90 days to fit within the LImited Term Permit Rules) Hours: 11am - Sunset, daily. Business Model: Snack-bar style order at the counter. We will be serving all the snack bar favorites, including pizza, burgers, hot dogs, chicken tenders, fries, soft pretzels, and more! Our plan is to apply for a beer and wine license so we can sell canned beer, seltzers, and wine. The snack stand will be open to residents of Lido Island and guests only. Floor Plan: Please see the attached picture. Area: the service area is 19' X 47" for a total of 893 sq. ft. This does not include the kitchen, but is just the area where guests will be seated and includes the area where they will wait in line to order. Tmplt: 07/25/19 Attachment No. ZA 3 Floor Plan