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USE PERMIT NO. UP2008-002 (PA2008-008) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Staff Person: Javier S. Garcia,
644-3206 |
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Appeal Period: 14 days after
approval date |
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Application: |
Planning
Director’s Use Permit No. UP2008-002 (PA2008-008) |
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Applicant: |
Christopher M. Wood |
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Site Address: |
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Legal Description: |
Parcel No. 2 of Parcel Map No. 57-4 |
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Request as Modified and
Approved: To allow the establishment of a confectionary store
specializing in the production of chocolates and fudge products and other
assorted items. This use is classified as a take out service limited eating
and drinking establishment. There will be no on-site seating or dining
associated with this facility. The property is located in the RSC
District. |
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DIRECTORS ACTION: APPROVED –
FEBRUARY 08, 2008
Application Request
The request is to allow the
establishment of a 833 square foot, take-out service, limited eating and
drinking facility (confectionary store specializing in the production of
chocolates and fudge products and other assorted items). In approving this application, the Planning Director
analyzed issues with regard to Zoning Code use compliance and the parking
requirements. The Planning Director determined in this case that the proposal
would not be detrimental to persons, property or improvements in the
neighborhood. The Planning Director’s Use Permit, as approved, would be
consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following findings:
FINDINGS
1.
The proposed take-out service, limited eating and
drinking establishment is retail in nature, serving mainly persons residing or
working in the neighborhood. Since the sales are mainly confectionary items, it
is not anticipated to be a destination point. It is anticipated that the use,
based on its limited menu, will have the parking demand characteristics similar
to a general retail use.
2.
The property is designated for “Commercial Corridor
(Retail and Service Commercial)” use by the Land Use Element of the General
Plan (and the Local Coastal Program). The proposed use is consistent with that
designation.
3.
This project has been reviewed, and it has been
determined that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities).
4.
The design of the proposed improvements will not
conflict with any easements acquired by the public at large for access through
or use of property within the proposed development.
5.
Public improvements may be required of a developer per
Section 20.91.040 of the Newport Beach Municipal Code.
6.
The Planning Director’s approval of Use Permit No. UP2008-002 (PA2008-008) will not, under the circumstances of this case,
be detrimental to the health, safety, peace, morals, comfort, and general
welfare of the city for
the following reasons:
·
The
parking demand can be easily accommodated by the on-site parking and the
proximity of the on-street municipal parking spaces which would provide
available parking opportunities for any overflow that may occur.
·
The parking demand is not anticipated to adversely
impact the parking needs of the other uses in the area since no seating is
proposed.
·
The 109 square feet of interior net public area is
necessary to accommodate the proposed customer waiting needs. In addition, it
is within the intent of the net public area limitations that apply to the
take-out, limited food service use.
7.
The proposed take-out service, limited food establishment
is consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following findings:
·
The
proposed use is a support use serving the commercial and residential uses in
the area and is not a destination point,
since seating for on-site dining is incidental.
·
Because of the location and method of operation (mostly
take-out) of the facility, it is anticipated that the proposed use will have
the parking demand characteristics similar to or less than a general retail
use.
·
The limited menu and restriction on seating makes the
proposed use unlikely to cause adverse impacts to traffic or the parking demand
of the surrounding commercial uses.
·
The operator of the food service use, as a condition of
this approval, is required to maintain a practical program for monitoring and
implementing the clean-up of the site and adjacent areas.
CONDITIONS
1.
Development
shall be in substantial conformance with the approved site plan, floor plan and
elevation(s), except as noted in the following conditions.
2.
Any
addition of seats and/or stand-up counter space for customers shall be subject
to the approval of an amendment to this use permit. Any patron seating or
stand-up counter located inside or outside of the facility on the subject property
or on public property (including sidewalks, streets and/or park property) is
prohibited.
3.
The
"net public area" shall be limited to a maximum of 109 square feet
(exclusive of display and condiment table areas). A minimum of one parking
space for each 422 square feet of floor area (3 parking spaces) shall be
maintained on site.
4.
The
hours of operation shall be limited to between the hours of 8:00 a.m. and 9:00
p.m., daily; and any increase in the hours of operation shall be subject to the
approval of an amendment to this use permit and may be subject to approval of
the Planning Commission.
5.
The area outside of the food establishment, including
the public sidewalks or walkways or common walkways, shall be maintained in a
clean and orderly manner.
6.
If seating is added later, public sanitation facilities
shall be available to the general public (patrons) during regular business
hours of the operation, unless otherwise approved by the Building Department.
7.
Employees shall park on-site or in the nearby municipal
parking lot at all times and not on the public streets or residential streets
in the vicinity.
8.
Storage outside the building in the front or at the rear
of the property shall be prohibited, with the exception of the required trash
container enclosure.
9.
Trash
receptacles for patrons shall be conveniently located both inside and outside
of the proposed facility; however shall not be located on or within any public
property or right-of-way.
10.
The area outside of the food establishment, including
the public sidewalks, walkways or common walkways, shall be maintained in a
clean and orderly manner. The operator of the food service establishment shall
be responsible for the clean-up of all on-site and off-site trash, garbage and
litter generated by the use as outlined in the practical program for the
monitoring and implementation of clean-up submitted with this application as
conditioned by this approval:
·
The proprietor shall direct his employees to actively monitor
and police the public sidewalk and street immediately adjacent to the subject
food use facility in addition to the on-site parking lot for any trash or
litter.
·
All trash or litter generated by the subject
establishment shall be picked up on a regular basis, and during the summer
months may require hourly policing of the area outside of the building.
11.
All trash shall be stored within the building or within
public dumpsters provided for the convenience of businesses in the area, or
otherwise screened from view of neighboring properties except when placed for
pick-up by refuse collection agencies. 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.
12.
The applicant shall maintain the trash dumpsters or
receptacles so as to control odors which may include the provision of fully
self-contained dumpsters or may include periodic steam cleaning of the
dumpsters, if deemed necessary by the Planning Department. Trash generated by
the establishment shall be adequately contained in sealed plastic bags (double
bagged) to control odors prior to placement in the trash dumpster.
13.
Use of the facility’s back door, including deliveries
and refuse collection for the facility, shall be prohibited between the daily
hours of 10:00 pm and 8:00 am, unless otherwise approved by the Planning
Director in conjunction with an established delivery schedule. Except for
during the end of the business day the back door may be utilized to access the
trash enclosure for disposing the remaining refuse accumulated by the facility.
14.
No outside paging or sound system shall be utilized in
conjunction with this food service establishment.
15.
No on-sale alcoholic beverage service shall be permitted
on the premises.
16.
No live entertainment or dancing shall be permitted in
conjunction with the permitted use.
17.
No temporary "sandwich" signs, balloons or
similar temporary signs shall be permitted, either on-site or off-site, to advertise
the proposed food establishment, unless specifically permitted in accordance
with the Sign Ordinance of the Municipal Code. Temporary signs shall be
prohibited in the public right-of-way, unless otherwise approved by the Public
Works Department in conjunction with the issuance of an encroachment permit or
encroachment agreement.
18.
The kitchen exhaust fan and hood system shall include a
charcoal filtering system for the control of odors and for the capture/removal
of grease. The system shall be installed in accordance with the Uniform
Mechanical Code approved by the Building Department and the Planning Director
(manufacturer’s specifications shall be submitted for Planning Director’s
approval prior to issuance of the building permit), and shall be maintained in
good working order. The applicant shall maintain a record of the maintenance of
the exhaust fan and hood vent systems which may be requested by the Planning
Department at any time to verify compliance with this condition. Should
complaints arise with regard to odors emanating from the kitchen exhaust fan
and hood vent system, then at the Planning Director’s discretion, the applicant
shall be required to provide for monthly cleaning and maintenance of the hood
vents, ducts and filters to remedy the problem.
19.
A covered wash-out area (36 inch wide by 36 inch deep by
6 feet high) for refuse containers and kitchen equipment shall be provided and
shall drain directly into the sewer system, unless a floor drain or mopsink is
otherwise approved by the Planning Department, Building Director and Public
Works Director in conjunction with the approval of an alternative drainage
plan. The washout area shall be specifically shown on the construction drawings
submitted for building permits.
20.
Should this business 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 or the leasing
company.
STANDARD CITY
REQUIREMENTS
1.
All signs shall conform to the provisions of Chapter
20.67 of the Municipal Code or any applicable comprehensive sign program that
is in force for the subject property.
2.
The facility shall comply with the provisions of Chapter
14.30 of the Newport Beach Municipal Code for commercial kitchen grease
disposal, as determined by the Building Department and the Utilities
Department.
3.
The facility shall be designed to meet exiting and fire
protection requirements as specified by the Uniform Building Code and shall be subject
to review and approval by the Building Department.
4.
All mechanical equipment shall be screened from view of
adjacent properties and adjacent public streets, and shall be sound attenuated
in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community
Noise Control.
5.
The project shall comply with State Disabled Access
requirements.
6.
The Planning Director or the Planning Commission may add
to or modify conditions to this approval, or revoke this approval upon a
finding of failure to comply with the conditions set forth in Chapter 20.82 of
the Municipal Code or other applicable conditions and regulations governing the
food establishment.
7.
This approval shall expire unless exercised within 24
months from the end of the appeal period, in accordance with Section 20.91.050
of the Newport Beach Municipal Code.
APPEAL PERIOD
The decision of the Planning Director may be appealed by the applicant
or any interested party to the Planning Commission within 14 days of the decision
date. Any appeal filed shall be accompanied by a filing fee of $600.00.
On behalf of Planning Director
David Lepo,
Zoning Administrator Javier S. Garcia, AICP
Attachments: Appendix
Vicinity
Map
Letter from Applicant Describing the Proposed
Use
Site Plan/Parking Plan and Floor Plan
APPENDIX
Parking
Requirement
In accordance
with the provisions of Chapter 20.66 Municipal Code, parking for a take-out,
limited food service use is the same as a general retail commercial use, which
is based on one space for each 422 square feet, or 3 parking spaces. Staff
believes that the proposed use will not increase the morning peak parking
demand of the building since the peak demand is more of a regular food use with
peaks at lunch and dinner time. Therefore, based on the recommended
restrictions (no seating or stand-up counter space) and the parking
characteristics of the use, adequate parking is provided on-site to serve all
uses in the building. There is also municipal parking immediately adjacent to
the property.
Restroom
Facilities
The facility
as proposed provides no restroom for patrons. Any addition of interior seating
will require the provision of public sanitation facilities as required by the
Newport Beach Municipal Code and in compliance with the provisions of the
Orange County Health Code.
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Planning Director’s Use Permit UP2008-002
Project No. PA2008-008