Loading...
HomeMy WebLinkAboutZA2025-004 - APPROVING A MINOR USE PERMIT FOR A TAKE-OUT SERVICE-FAST CASUAL ESTABLISHEMENT LOCATED AT 1000 BRISTOL STREET NORTH, SUITES 29 AND 30 (PA2024-0185)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 31, 2025 Mario Llamas mariothebutcher1@gmail.com Subject: Mario’s Butchery (PA2024-0185) 1000 Bristol Street North Suites 29 and 30 Dear Mr. Llamas, 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 January 30, 2025 and effective on February 14, 2025. 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, LAW/msw cc: Newport Plaza LLC kimberly@wolosonco.com RESOLUTION NO. ZA2025-004 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A MINOR USE PERMIT FOR A TAKE-OUT SERVICE-FAST CASUAL ESTABLISHEMENT LOCATED AT 1000 BRISTOL STREET NORTH, SUITES 29 AND 30 (PA2024-0185) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Llamas, concerning property located at 1000 Bristol Street North (Suites 29 and 30), and legally described as Parcel 1 in Resubdivision 541 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the expansion of an existing Take-out service- Fast-Casual establishment within an existing commercial shopping center. The project would allow the existing business to expand into the adjacent suite. No late hours (after 11:00 p.m.), live entertainment, or alcohol service is requested as part of the application. The business would include a maximum of 20 seats including the outdoor dining area. If approved, this minor use permit would supersede Specialty Food Service Permit No. SF0023 and Outdoor Dining Permit No. 0063. 3. The subject property is designated CG (General Commercial) by the General Plan Land Use Element and is located within the PC-11 (Newport Place Planned Community – General Commercial Site 3) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 30, 2025 online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (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) under Section 15301 under Class 1 (Existing Facilities) 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. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The existing 1,200-square-foot retail space is being improved to allow a negligible expansion of an existing commercial establishment, with no intensification of parking or increase in Zoning Administrator Resolution No. ZA2025-004 Page 2 of 9 07-29-24 seating. The existing retail that previously occupied the subject space falls within the similar retail- commercial-service type use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (Minor Use Permits Findings and Decision) 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 food service establishment is consistent with this land use designation, as the use will serve residents and persons working in the area. 2. 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 Plaza Newport Shopping Center provides parking pursuant to Section 20.40.040 (Off-Street Parking Spaces Required) of the Newport Beach Municipal Code (NBMC) as required in the Development Regulations in PC-11. 2. Specialty Food Permit No. SF0023 established a parking requirement of 1 space per 250 square feet of floor area (7 spaces) for Suite 30. Additionally, Outdoor Dining Permit No. OD0063 limited the outdoor area to 170 square feet maximum and 15 seats with no additional parking required. Section 20.40.040 of the NBMC requires 1 space per 250 square feet for take-out service, fast-casual establishments including any outdoor dining areas. Therefore, the existing Mario’s Butchery is considered existing non-conforming as no parking is provided for the outdoor dining patio. 3. Furthermore, the shopping center, including Mario’s Butchery, is considered existing nonconforming due to previously approved parking waivers for eating and drinking establishments. However, Section 20.38.060(B)(1) (Nonconforming Parking) of the NBMC allows a change of use without providing additional parking provided there is Zoning Administrator Resolution No. ZA2025-004 Page 3 of 9 07-29-24 no intensification of use, and the use does not require more than 1 parking space per 250 square feet of gross area. The previous optometry retail store that occupied the proposed space in Suite 29, also had a parking requirement of 1 space per 250 square feet. The existing outdoor dining will remain with no change in size or number of seats (i.e. no intensification). The proposed expansion of Mario’s Butchery into the adjacent suite is classified under the Take-out service-Fast-Casual eating and drinking establishment as no more than 20 seats, no alcohol service, and no late hours are proposed. Section 20.40.040 of the NBMC requires 1 space per 250 square feet for Take-out service-Fast-Casual eating and drinking establishments. Therefore, consistent with Section 20.38.060(B)(1) of the NBMC, the expanded Mario’s Butchery does not require any additional parking. A future change in the type of food service such as adding alcohol service, late hours, or more than 20 seats would be considered intensification of use and would require a Conditional Use Permit and Parking Waiver for the shopping center from the Planning Commission. 4. The approval of this Minor Use Permit will supersede Specialty Food Permit No. SF0023 and Outdoor Dining Permit No. 0063 and all applicable conditions will be consolidated or updated as part of this use permit. The outdoor dining area is existing nonconforming due to the updated parking requirement for outdoor dining for Take- out service-Fast-Casual eating and drinking establishments. Today the Take-out- Fast-Casual establishments are required to be parked as part of the 1/250 square feet, where outdoor dining did not require any additional parking for the patio. Therefore, consistent with the Outdoor Dining Permit, a condition is in place limiting the area to the existing size of 170 square feet and 15 seats so no intensification would occur. An addition to the outdoor dining area would require parking at a rate of 1 space per 250 square feet or a parking waiver. 5. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments. 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 project includes expanding the existing take-out service, fast-casual eating and drinking establishment (1,750 square feet) into the adjacent 1,200 square foot retail space resulting in a total 2,950-square-foot tenant space. Project implementation includes expanding the existing kitchen area and reconfiguring the existing layout to provide easier access for take-out orders and service. No changes are proposed to the existing outdoor dining area. A building permit will be required for the tenant improvement. 2. The project is located within the Plaza Newport Shopping Center. The shopping center includes existing personal services, retail sales, eating and drinking Zoning Administrator Resolution No. ZA2025-004 Page 4 of 9 07-29-24 establishments, and an urgent care. The surrounding area consists of retail and office buildings with the closest residential located across the 73 Freeway adjacent to South Bristol Street. The project’s operational characteristics are conditioned to help ensure the use is compatible with the residential and other commercial uses in the vicinity. 3. As conditioned, the allowed hours of operation are 7:00 a.m. to 10:00 p.m., daily, thereby limiting the likelihood of late night or early morning land use conflicts with nearby businesses. 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 Plaza Newport Shopping Center is approximately five acres and is developed with approximately 170,000 square feet in four (4) multi-tenant buildings and a parking lot. The existing buildings and parking lot have functioned satisfactorily with the current configuration which allows vehicular access from two separate driveways along North Bristol Street and one on Dove Street. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 3. The expansion of the existing use into the adjacent suite does not include an increase of floor area or footprint of the existing building within the shopping center. All improvements are confined to the interior of the existing tenant spaces. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. Food service uses have been operating in Suite 30 since at least 1994 without any detriment to the surrounding neighborhood. 2. 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 Zoning Administrator Resolution No. ZA2025-004 Page 5 of 9 07-29-24 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. 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 with the establishment. 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 under Section 15301 under Class 1 Existing Facilities 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit filed as PA2024-0185, subject to the conditions outlined 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 a call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This resolution supersedes Specialty Food Permit No. SF0023 and Outdoor Dining Permit No. OD0063, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-004 Page 6 of 9 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL 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 total number of seats (including both indoor and outdoor seats) shall not exceed 20. No alcohol service is permitted. The existing outdoor dining area shall be limited to 170 square feet. 3. An expansion of the outdoor dining area, the provision of more than 20 seats, the addition of alcohol service, or any other change that intensifies the use classification shall require a Conditional Use Permit including a new Parking Waiver for the shopping center from the Planning Commission. 4. The hours of operation shall be limited to between the hours of 7:00 a.m. and 10:00 p.m., daily. 5. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 6. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit. 7. 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 Newport Beach Municipal Code. 8. Minor Use Permit filed as PA2024-0185 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted. 9. This 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 are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 10. Any change in operational characteristics or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. Zoning Administrator Resolution No. ZA2025-004 Page 7 of 9 07-29-24 11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 12. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, 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. 13. Before 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. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the Newport Beach Municipal Code (NBMC). 15. 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 leasing agent. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, 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 through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays, or Holidays. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. 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. 20. The exterior of the business shall be always maintained free of litter and graffiti. 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. 21. 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 Zoning Administrator Resolution No. ZA2025-004 Page 8 of 9 07-29-24 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). 22. 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 Use Permit. 23. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 24. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 25. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Mario’s Butchery including, but not limited to, PA2024-0185. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 26. 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 before the issuance of a building permit. 27. Plumbing fixtures shall comply with California Plumbing Code Table 422.1. 28. All exit access doors shall have panic hardware in assembly occupancy with occupant load greater than 50 (CBC 1010.5.9) Zoning Administrator Resolution No. ZA2025-004 Page 9 of 9 07-29-24 29. An accessible path of travel is required from the public right-of-way and parking space to subject tenant space.