HomeMy WebLinkAbout02 - Damadq Cafe Minor User Permit - PA2015-007 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c9LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 26, 2015
Agenda Item No. 2
SUBJECT: Damasq Cafe Minor Use Permit - (PA2015-007)
3601 E. Coast Highway
• Minor Use Permit No. UP2015-004
APPLICANT: Jamal Diab
OWNER: Said Shokrian
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: CC (Commercial Corridor)
• General Plan: CC (Corridor Commercial)
PROJECT SUMMARY
A minor use permit to convert an existing 850-square-foot, commercial retail space to a
take-out service, limited eating and drinking establishment. The proposal includes a
customer service counter and the potential for a maximum six seats within a 147-
square-foot customer area. No late hours (after 11:00 p.m.) or alcohol sales are
proposed as part of this application.
RECOMMENDATION
1 ) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2015-004 No. (Attachment No. ZA 1).
DISCUSSION
• The subject property consists of a 4,207-square-foot commercial building and a
109-square-foot detached flower stand located at the front of the property facing
East Coast Highway (4,316 total square feet). The retail/commercial building is
1
V�
QP
�P
Damasq Cafe Minor Use Permit
Zoning Administrator, March 26, 2015
Page 2
divided into six suites, which are currently occupied with retail uses, a hair and
nail salon, and a takeout restaurant (UP3855 approved 1991). The flower stand
was originally approved (Use Permit No. UP3125) in 1985. The subject tenant
space was previously occupied by a retail clothing store.
• The property is within the CC (Commercial Corridor) Zoning District which
applies to properties to provide for areas appropriate for a range of
neighborhood-serving retail and service uses along street frontages that are
located and designed to foster pedestrian activity. A minor use permit is required
to establish an eating and drinking establishment — take-out service, limited use
when proposed within 500 feet, property line to property line, of any residential
zoning district.
• The property is considered legal nonconforming (parking) because there are 17
existing parking spaces, where, based on a retail parking ratio of one space per
250 gross square feet, a total of 18 spaces (4,316/250 = 18 spaces) is required.
• Pursuant to Chapter 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. Pursuant to Chapter 20.40 (Off-Street Parking) the proposed
eating and drinking establishment — take-out service, limited use requires one
parking space per 250 square feet and no intensification or enlargement is
proposed; therefore, no additional parking is required.
• Staff believes the proposed eating and drinking establishment — take-out service,
limited use will be complementary to the other uses in the building and will serve
the surrounding neighborhood.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities).
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
TmpIt:04-17-14
Damasq Cafe Minor Use Permit
Zoning Administrator, March 26, 2015
Page 3
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
-L'z' ",/,
Melinda Whelan
Assistant Planner
GR/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:04-17-14
J
Attachment No. ZA 1
Draft Resolution
5
V�
QP
�P
RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-004 FOR A TAKE-OUT SERVICE, LIMITED EATING
AND DRINKING ESTABLISHMENT LOCATED AT 3601 E.
COAST HIGHWAY (PA2015-007)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jamal Diab, with respect to property located at 3601 E. Coast
Highway, and legally described as Lot 1 and Lot 2, Block AA in Tract No. 323 requesting
approval of a Minor Use Permit.
2. The applicant proposes to convert an 850-square-foot existing commercial retail space
into a take-out service, limited eating and drinking establishment.
3. The subject property is located within the Commercial Corridor (CC) Zoning District and
the General Plan Land Use Element category is Corridor Commercial (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Corridor Commercial (CC-B) - (0.0 - 0.75 FAR).
5. A public hearing was held on March 26, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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 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
improve an existing commercial space to an eating and drinking establishment.
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:
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 8
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 the site is CC (Corridor Commercial),
which applies to properties to provide a range of neighborhood-serving retail
and service uses along street frontages that are located and designed to foster
pedestrian activity.
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 site is located in Commercial Corridor (CC) Zoning District which was
intended to provide commercial uses. The proposed eating and drinking
establishment — take-out service, limited use is consistent with the land uses
permitted within this zoning district and the conditions of approval will ensure
that the use is compatible with the adjacent residential areas.
2. Pursuant to Section 20.22.020 (Table 2-5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit.
3. 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. Eating and drinking establishment — take-out service, limited use
have a required parking ratio of one space per 250 square feet of gross floor
area.
4. The proposed project complies with the requirements of Section 20.38.060
(Nonconforming Parking) because the square footage of the existing suite will
not be increased; the eating and drinking establishment—take-out service, limited
use requires the same number of parking spaces required for the existing retail
space (850/250 = 4 spaces).
07-22-2014
g
Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 8
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 Findinq
1. The proposed project involves improvements to an existing retail space to
construct kitchen facilities for the new establishment. The 17 existing parking
spaces on site will be maintained.
2. The proposed operation will consist of a kitchen, storage area, customer service
area with a counter, and a restroom. A maximum of five employees will be
present at any one time. The proposed hours of operation will be 10:00 a.m. to
10:00 p.m., seven days per week.
3. The proposed eating and drinking establishment — take-out service, limited use
will be complementary to the other uses in the commercial building, which
include retail stores, a hair and nail salon and an eating and drinking
establishment.
4. The proposed eating and drinking establishment — take-out service, limited use
will provide a convenience for residents of the neighborhood and visitors to the
area and will not require the provision of additional parking spaces on the site.
5. The proposed eating and drinking establishment — take-out service, limited use
will be located within an existing commercial space of a commercial building on
a site located along the Commercial Corridor of Corona del Mar. Due to its
location along Coast Highway, opportunities for on-street parking will be
available. Furthermore, this area is known to yield walking and biking
customers.
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 proposed project will be located in an existing commercial tenant space
and will involve improvements of the space to construct kitchen facilities. There
are no proposed changes to the site or the exterior of the building.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided on-site and are accessed from East Coast Highway, Orchid
Avenue or the alley at the rear of the site.
07-22-2014
9
Zoning Administrator Resolution No. ZA2015-0##
Page 4 of 8
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.
Facts in Support of Finding
1. 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 alike.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Application No.
UP2015-004, 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 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 26`h DAY OF MARCH, 2015.
07-22-2014
10
Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 8
Brenda Wisneski, AICP, Zoning Administrator
07-22-2014
22
Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. UP2015-004 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.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. 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.
6. The hours of operation for the establishment shall be limited to 10:00 a.m. through
11:00 p.m., daily.
7. The sale of alcohol shall not be permitted.
8. The maximum number of seats allowed within the eating and drinking establishment
shall be six (6). No outdoor seating is permitted unless an amendment to this use
permit is acquired.
9. Seventeen (17) parking spaces shall be provided on-site for shared use by the
commercial building including Damasq Cafe.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment
to this use permit or the processing of a new use permit.
11. 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.
07-22-2014
12
Zoning Administrator Resolution No. ZA2015-0##
Page 7 of 8
12. 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.
13. No outside paging system shall be utilized in conjunction with this establishment.
14. All trash shall be stored within the building or within the existing dumpsters stored in
the trash enclosure. The trash enclosure shall comply with Zoning Code Section
20.30.120 including three walls, a self-latching gate and a decorative solid roof for
aesthetic and screening purposes.
15. 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.
16. 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.
17. 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 Director of
Community Development, and may require an amendment to this Use Permit.
18. 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.
19. 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.
20. 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 Damasq Cafe MUP including, but not limited to, the
Minor Use Permit No. UP2015-004 (PA2015-007). 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
07-22-2014
13
Zoning Administrator Resolution No. ZA2015-0##
Page 8 of 8
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.
Fire Department Conditions
21. A 2A 10BC fire extinguisher shall be placed in a conspicuous location.
22. Commercial cooking equipment that produces grease laden vapors shall be provided
with a Type I Hood pursuant to C.F.0 Sec. 904.2.1, and an automatic fire
extinguishing system consisting of a wet chemical extinguishing system complying
with C.F.0 Sec.904.5.
Building Division Conditions
23. 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 prior to the issuance of a building permit.
07-22-2014
Attachment No. ZA 2
Vicinity Map
15
V�
QP
�P
2�
VICINITY MAP
�.,cv
R'--7 � „�o .., rr_ iy e. • � ani
.12 K h�h^ v/g JQ
hh h !
�P O
� + yrs _ �Oa c5'..h ��i '"`�• � �-
JO S
y s
V � 1
,
a J,J J B i
J>_
Minor Use Permit No. UP2015-004
PA2015-007
3601 E. Coast Highway
V�
QP
�P
sg
Attachment No. ZA 3
Project Plans
19
V�
QP
�P
�o
PA - 3 - � lans
125.0' SOUTH PROPERTY UNE la116
CMMNIC
TACOS i laegla--- Oo.Ilo.OaY01J
881 MM ��.vJ 9m�b em�a biro
Sd ��
® ® i 5r -
r —�
0000000
EM i
11A �� Kfe)ffi.amm
rn•
074 5017.
I Iw a�
® @ I om
z I {
0 0 0
o P
o
440 S0.i7.
ONi. ® ® V I
8
� I I
n
0092 momi
O
SHOP
® O O ! a
106%F7. i
O � I
g I or
®
113.33' NORTH PROPERTY UNE
IFLOOIR PLAN TENANT SPACE ego se. [°r.
® BAST COAST HIGHWAYIPIUBMc AREA 147 se. Fr.
NORTH SETE PLAN PQ �
N®
4iG��JeO 4Y o c
G�
TO X aao o"
coo' mm
1/14/10
�'/P Pow a/a/1e
OF N
PIIa®1
�2 I