Loading...
HomeMy WebLinkAboutZA2025-021 - APPROVING A MINOR USE PERMIT FOR A FOR A NEW TAKE-OUT - SERVICE FAST CASUAL RESTAURANT LOCATED AT 329 MARINE AVENUE (PA2025-0016)RESOLUTION NO. ZA2025-021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A MINOR USE PERMIT FOR A FOR A NEW TAKE-OUT - SERVICE FAST CASUAL RESTAURANT LOCATED AT 329 MARINE AVENUE (PA2025-0021) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alan Limon (Applicant), with respect to property located at 329 Marine Avenue, and legally described as Lot 23, Block 13, Section 4, of the Balboa Island Tract (Property), requesting approval of a minor use permit. 2. The Applicant proposes to operate a new take-out service, fast casual eating and drinking establishment (Jasper Coffee). The fast casual eating and drinking establishment, more commonly referred to as a take-out restaurant, would occupy an existing, approximately 326-square-foot, commercial building. The Applicant proposes minor tenant improvements to convert the space from a bicycle repair and retail business into a take-out restaurant with a customer ordering area, a pickup area, a kitchen and prep area, and no onsite seating. The Applicant is not proposing alcohol service or late hours (after 11:00 p.m.) (Project). 3. The subject property is located within the Mixed-Use Water (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed-Use Water 2 (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the MU-W2 (Mixed-Use Water) Coastal Zone District. The proposed take-out restaurant does not increase the parking requirement and therefore is not considered an intensification of use that would require a coastal development permit. 5. On May 9, 2023, the City Council approved Ordinance No. 2023-6, amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) related to commercial parking. As a part of the amendment, the land use category formerly known as “Take-Out Service, Limited”, which allowed for establishments that sells food or beverages primarily for off-site consumption and up to a maximum of six seats, was eliminated and replaced with the land use category “Take-Out Service – Fast Casual,” which is similar to “Take-Out Service, Limited,” except that it allows for a maximum of 20 seats instead of six. The City Council also simultaneously approved Resolution No. 2023- 27, authorizing the submittal of the commercial parking amendment of Title 21 (Local Coastal Program Implementation Plan) to the California Coastal Commission. As the Property is located in the coastal zone, where the amendment is not yet effective, the Project is regulated and conditioned in accordance with as the former Take-Out Service, Limited use. Therefore, the Project is limited to a maximum of six seats, as stated in Zoning Administrator Resolution No. ZA2025-021 Page 2 of 10 01-25-19 Condition of Approval No. 6, unless otherwise amended by the California Coastal Commission as stated in Condition of Approval No. 7. 6. A public hearing was held on April 24, 2025, 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 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Class 1 exemption includes minor alterations to existing structures involving negligible or no expansion of use. The Project involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area and no increase in parking demand. Therefore, the Project is a negligible intensification of use and the Class 1 exemption is applicable. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (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 Land Use Element of the General Plan categorizes this Property as MU-W2 (Mixed- Use Water 2). Table LU 1 (Land Use Plan Categories) of the Land Use Element specifies that the MU-W2 category applies to properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The Project is for a take-out restaurant, which is a commercial use, and will serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the Project is consistent with the MU-W2 designation. 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. Zoning Administrator Resolution No. ZA2025-021 Page 3 of 10 01-25-19 Facts in Support of Finding: 1. The Property is located in the Mixed-Use Water (MU-W2) Zoning District. The Property is abutted to the rear by a 10-foot-wide alley with residential uses beyond. Table 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC allows for a take-out restaurant within 100 feet of residential uses, subject to the approval of a minor use permit (MUP). As discussed in Statement of Fact No. 5 above, the Project is limited to a maximum of six seats until otherwise amended by the Coastal Commission. 2. The Property is developed with three, one-story, buildings. Previously, one tenant operated a bicycle repair and retail business in the two buildings fronting Marine Avenue and used one shared address for both buildings, without suite numbers. The Project proposes to operate in the southernmost of the Marine Avenue facing structures. There is an existing retail location at the rear of the property fronting the alley, which will remain unaffected. Condition of Approval No. 13 requires the Applicant and/or Operator obtain suite numbers prior to the issuance of a building permit. 3. There is one uncovered parking space onsite, accessed from the rear alley. The space is intended for employee parking. The Property was developed prior to current zoning code requirements and is considered legal nonconforming for parking. 4. Section 20.38.060 (Nonconforming Parking) of the NBMC allows a change of use on sites with nonconforming parking. Section 20.38.060 specifies that an existing use 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. Pursuant to Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the parking requirement for a take-out service fast-casual, eating, and drinking establishment is one space required per every 250 square feet of gross floor area. As the Project does not constitute an intensification in parking demand nor does it propose any enlargement, no additional parking is required. 6. The Project will comply with zoning code standards for eating and drinking establishments, specific to the take-out service fast casual land use classification as provided in 20.48.090 (Eating and Drinking Establishments) of the NBMC. This includes a maximum of 20 seats, no alcohol service, and no late hours. Conditions of Approval numbers 4, 5, 6, and 7 regulate hours of operation, alcohol services, and number of seats. These conditions help to ensure that the business shall operate per the aforementioned characteristics or may be required to obtain a new use permit. 7. While the applicant is not proposing any seating as part of this project, Condition of Approval No. 6 has been written to allow the applicant the flexibility of adding up to six seats without amending this use permit. Furthermore, as discussed in Condition of Zoning Administrator Resolution No. ZA2025-021 Page 4 of 10 01-25-19 Approval No. 7, if the commercial parking amendment of Title 21 is approved and takes effect, the applicant may increase the number of seats consistent with the approved amendment and definition of take-out service, fast casual without the processing of a new use permit. The addition of seating at a later date however shall be subject to the review of the Building Division and the requirements of the California Building Code (CBC), including but not limited to providing a public restroom and an accessible path. 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 Property can be accessed by pedestrians and cyclists from Marine Avenue. Direct vehicle access to the site is not provided to the public, however there is one onsite parking space available to employees which is accessed from the rear alley. 2. Marine Avenue is developed with a mix of uses including residential, retail, office, and eating and drinking establishments. The Project is compatible with the mix of existing and allowed uses due to its similar hours of operation and being of a convenience nature located in a high-turnover, pedestrian-focused area. 3. Condition of Approval No. 4 limits the allowed hours of operation from 7:00 a.m. to 10:00 p.m., daily, which helps minimize the potential for disturbances to the residential uses to the rear of the property. 4. A trash enclosure is not currently provided on-site. Instead, all waste and recycling bins are taken behind the building. Condition of Approval No. 25 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 Property is located on the north end of Marine Avenue, near the entrance of Balboa Island. There is heavy vehicular traffic and pedestrian activity on Marine Avenue. The proposed take-out restaurant is not anticipated to result in increased vehicular and pedestrian activity, as the restaurant is a take-out operation of a convenience nature. Many of the restaurant patrons will likely already be on Balboa Island. Zoning Administrator Resolution No. ZA2025-021 Page 5 of 10 01-25-19 2. The Newport Beach Fire Department (NBFD) has reviewed the Project to ensure adequate public and emergency vehicle access is provided. NBFD accepted the Project as proposed and provided no conditions of approval. 3. The tenant improvement required to convert the space from a retail business to a take-out restaurant shall require a building permit and shall comply with all Building, Public Works, and Fire Codes. 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 will add additional take-out options to the neighborhood and provide an economic opportunity for the property owner to update the tenant space. The Project includes conditions of approval to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Condition of Approval No. 15 requires the business operator 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 Applicant is required to obtain Health Department approval prior to opening for business and comply with the CBC to ensure the safety and welfare of customers and employees. 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 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 Minor Use Permit No. PA2025-0021 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 Zoning Administrator Resolution No. ZA2025-021 Page 6 of 10 01-25-19 Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF APRIL, 2025. Zoning Administrator Resolution No. ZA2025-021 Page 7 of 10 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 7:00 a.m. through 10:00 p.m., daily. 5. The sale, service, or consumption of alcohol shall not be permitted unless a new use permit is approved. 6. No seating is included as part of the Project. Should the Applicant decide to add seating at a later date, the maximum number of seats allowed shall be six except as provided in Condition of Approval No. 7. 7. Should the California Coastal Commission approve the City’s pending Local Coastal Program Amendment for commercial parking, the Applicant shall be allowed to increase the number of seats consistent with the approved amendment and definition of take-out service, fast casual without the processing of a new use permit. 8. The addition of any seating shall be subject to the review of the Building Division and shall conform to the requirements of the CBC. 9. No outdoor seating is permitted without an amendment to this minor use permit or the approval of a Limited Term Permit. 10. All signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards) of the NBMC and any future approved Comprehensive Sign Program. 11. Employees of the restaurant shall not use the alley as a break area or smoking area. 12. Drop-off and pick-up of employes shall be prohibited in the alley. Zoning Administrator Resolution No. ZA2025-021 Page 8 of 10 01-25-19 13. Prior to the issuance of a building permit, an addressing letter shall be requested by the Property owner and processed by the Planning Division to establish suite numbers for the three onsite structures. 14. This Minor Use Permit 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. 15. 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. 16. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this minor use permit or the processing of a new minor use permit. 17. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 18. 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. 19. 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. 20. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 21. Construction activities shall comply with Section 10.28.040 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 through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. Zoning Administrator Resolution No. ZA2025-021 Page 9 of 10 01-25-19 24. 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. 25. All trash shall be stored within a commercial trash bin with a solid lid to screen the trash and maintain odors. The lid shall be kept closed at all times. The commercial trash bin shall be located flush against the rear wall of the building fronting the alley to prevent encroachment into the alley setback. The Applicant shall work with City Staff to determine whether an alternate location for the waste and recycling bins away from the alley is feasible. The Applicant shall further 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). If necessary, the frequency of refuse collection shall be increased to prevent an overflow of trash and/or recycling on-site. 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. Delivery vehicles shall not park or idle in the alley adjacent to the site. 27. Storage outside of the building shall be prohibited, with the exception of the required commercial trash bins. 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. 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. 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 whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Jasper Coffee including, but not limited to, the Minor Use Permit filed as PA2025-0021. 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 Zoning Administrator Resolution No. ZA2025-021 Page 10 of 10 01-25-19 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 406. 32. No outdoor dining shall be permitted within the public right-of-way. Building Division 33. 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 (CBC). The construction plans must meet all applicable State Disabilities Access requirements. 34. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 35. Hall widths shall comply with 11B-403.5. of the CBC. 36. An accessible path of travel from public right of way to the tenant space shall be required. 37. Interior spaces with one exit or exit access doorway shall comply with table 1006.2.1 of the CBC.