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USE PERMIT NO. UP2007-026 (PA2007-218) |
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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. UP2007-026 (PA2007-218) |
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Applicant: |
Susan Sarich |
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Site Address: |
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Legal Description: |
Parcel 1 of |
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Request as Modified and
Approved: To allow the
introduction of take-out limited food service use as a retail bakery
specializing in custom cakes and similar baked goods for off site
consumption. The facility will provide interior seating for up to 6 patrons. The
property is located in the Retail Service
Commercial (RSC) District. |
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Director’s Action APPROVED – DECEMBER 14, 2007
Application Request:
In approving
this Use Permit, the
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. It is not 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 “Retail and Service
Commercial” use by the Land Use Element of the General Plan. 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. UP2007-026 (PA2007-218) 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.
·
The parking demand is not anticipated to adversely
impact the parking needs of the other uses in the area, since seating for
on-site dining is restricted to 6 seats.
·
The interior net public area is necessary to accommodate
the proposed seating and customers’ 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 of the
facility (primarily take-out), 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 of seating makes the
proposed use unlikely to cause impacts to traffic and the parking demand of the
surrounding commercial uses.
CONDITIONS
1.
The development shall be in substantial conformance
with the approved site plan, floor plan and elevations, except as noted in the
following conditions.
2.
The maximum seating and/or stand-up counter space
shall total no more than 6 customers inside or outside the subject eating and
drinking establishment. Any further increase in the number of seating and/or
stand-up counter space for customers shall be subject to the approval of an
amendment to this use permit. Any exclusive seating or stand-up counter located
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 480 square feet (220 sq. ft. devoted to dining/seating/waiting area;
260 devoted to display, condiment table areas and retail service area).
4.
Prior to implementation of the addition of seating
authorized by this approval, access to the restroom facilities shall be
provided in accordance with the Building Department requirements. Construction
plans shall be submitted for review and approval of the required tenant
improvements by the Building Department prior to implementation of the interior
seating.
5.
The daily hours of operation shall be limited to between
8:00 am and 10:00 pm. Any increase in the hours of operation shall be subject
to the approval of an amendment to this use permit.
6.
Public sanitation facilities shall be available to the
general public 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.
8.
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.
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.
·
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 trash and
litter.
·
All trash and litter generated by the subject
establishment shall be picked up on a regular basis, and during the summer
months may require more frequent 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.
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.
14.
No outside paging or sound system shall be utilized in
conjunction with this food service establishment.
15.
No alcoholic beverage sales 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 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, unless a smaller facility area is otherwise approved by the
Planning Department or Zoning Administrator) for refuse containers and kitchen
equipment shall be provided and shall drain directly into the sewer system,
unless otherwise approved by the 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.
1.
All signs shall conform to the provisions of Chapter
20.67 of the Municipal Code.
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
c:
property owner
Hankey Investment Company
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 250 square feet, or
3 parking spaces. Staff believes that the proposed use will not increase the
morning or afternoon 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 (6 seats maximum) and the parking
characteristics of the use, adequate parking is provided on-site to serve all
uses in the building.
Restroom Facilities
The applicant has requested up to a maximum of 6 seats. Separate sex
restrooms are provided within the facility. The Building Department will
address handicap access issues as required by the Uniform Building Code and
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Planning Director’s Use Permit No. UP2007-026
Project No. PA2007-218