HomeMy WebLinkAbout20201223_CDD Action Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200 www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR
ACTION LETTER
Subject: Cold Stone Creamery (PA2020-332)
Staff Approval No. SA2020-007
Site Location 3134 Balboa Boulevard
Applicant Jerry Stueve
Legal Description Parcel 1 of Parcel Map No. 2009-135, as per map filed in Book 371,
Pages 4 through 6 of Parcel Maps, in the office of the County
Recorder in the County of Orange On December 23, 2020, the Community Development Director approved Staff Approval
No. SA2020-007. This approval is based on the following findings and subject to the
following conditions.
LAND USE AND ZONING
• General Plan Land Use Plan Category: Neighborhood Commercial (CN)
• Zoning District: Commercial Neighborhood (CN)
• Coastal Land Use Plan Category: Neighborhood Commercial (CN) – (0.0 to 0.30
FAR)
• Coastal Zoning District: Commercial Neighborhood (CN)
PROJECT SUMMARY
The applicant proposes a take-out service, limited eating and drinking establishment (ice
cream shop) with six seats to occupy a suite currently used a dry-cleaning store. BACKGROUND
The project site is located in an existing shopping center (The Landing), which is bounded
by Newport Boulevard and West Balboa Boulevard, between 30th Street and 32nd Street. The shopping center includes a mix of commercial uses, including a grocery store, various
eating and drinking establishments, retail, and service uses. The shopping center
includes a 236-space, on-site surface parking lot that serves all the uses within the center.
The existing shopping center was originally developed in 1960. In 2010, the shopping center went through an extensive remodel and expansion. It was also renamed “The
Landing.” The project received multiple entitlements including a parking waiver and use
permits for eating and drinking establishments.
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On May 25, 2011, Minor Use Permit No. UP2011-015 (PA2011-090) was approved by
the Zoning Administrator, which authorized a take-out, limited eating and drinking
establishment (an ice cream shop) to operate in Suite 3109. The Use Permit restricted
the ice cream shop to a maximum of six seats and hours of operation between 7:00 a.m.
and 11:00 p.m., daily. Subsequent to this approval and operation of the ice cream shop, a poke café occupied the suite and operated under Minor Use Permit No. UP2011-015.
On October 22, 2020, Conditional Use Permit No. UP2019-035 and Coastal Development
Permit No. CD2020-001 (PA2019-160) were approved by the Planning Commission,
which authorized an existing restaurant at Suite 3107 to expand into Suite 3109, which had become a vacant suite. All factors including parking for that expanded restaurant
were addressed by the approved Use Permit and Coastal Development Permit. However,
Minor Use Permit No. UP2011-015 for the original eating and drinking establishment in
Suite 3109 was not revoked as part of the approval for the restaurant expansion. While
the use has ceased, the privileges granted remain because the Use Permit was not revoked by the City.
PROPOSED CHANGES
The applicant proposes to utilize Minor Use Permit No. UP2011-015 to operate a new ice cream shop. The ice cream shop is located within the same parcel, but in a different suite.
All conditions of approval from the use permit will apply to the new establishment. The use
permit does not authorize alcohol sales or late hours past 11 p.m. and this authorization will
not expand any privileges.
FINDINGS
Pursuant to Newport Beach Municipal Code Section 20.54.070, the Community
Development Director may authorize minor changes to an approved site plan,
architecture, or the nature of the approved use, or refer the requested change to the Zoning Administrator, without a public hearing, and waive the requirement for a new use
permit application. The approval and waiver of a new use permit application is based on
the following findings and facts in support of the findings.
Finding:
A. The changes are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The site is designated as Neighborhood Commercial (CN) by the General Plan and
Neighborhood Commercial (CN) (0.0 – 0.30 FAR) by the Coastal Land Use Plan. It is
located within the Commercial Neighborhood (CN) Zoning District and Coastal Zoning
District. The CN designation is intended to provide for a limited range of retail and
service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The
proposed project is a new ice cream shop within an existing commercial suite which
Cold Stone Creamery (PA2020-332) December 23, 2020
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was previously used as a dry cleaner store. Minor Use Permit No. UP2011-015
analyzed an ice cream shop within the same shopping center and found the use to be
complementary to the surrounding commercial and residential uses.
2. The Take-Out Service, Limited Eating and Drinking Establishment classification is
permitted upon the approval of a minor use permit, if within 500 feet of a residential use within the CN Zoning District. An active use permit (UP2011-015) was approved in 2011
for an identical use in a different suite, within the same parcel. All facts in support of
findings are applicable to the proposed ice cream shop.
3. Per Newport Beach Municipal Code Section 20.40.040 (Off-Street Parking Spaces
Required), Take-Out Service, Limited Eating and Drinking Establishments have a parking requirement of one space per 250 gross square feet. Since Personal Services,
General has an identical parking requirement, the replacement of the existing dry-
cleaning store with the proposed ice cream shop does not require any additional parking
pursuant to the Municipal Code and as a result, it will not change or negatively impact
on-site parking supply.
4. The proposed ice cream shop is similar to previously approved uses within the
shopping center. With no late hours proposed, the ice cream shop is compatible with
other land uses permitted within the surrounding neighborhood.
Finding:
B. The changes do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for
the project.
Facts in Support of Finding:
1. The previously approved Minor Use Permit was determined to be categorically exempt
from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities), which exempts minor alterations to existing facilities involving
negligible expansion of use beyond that existing at the time of the lead agency’s determination. The proposed ice cream shop replaces a dry-cleaning store and will be
located within an existing development with only minor alterations consisting of interior
tenant improvements and a sign necessary to accommodate the use.
2. The location of the use in Suite 3109 was not material to the original approval and relocating the same use within the existing shopping center to Suite 3134 does not
change the facts upon which the original use permit was issued.
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Finding:
C. The changes do not involve a feature of the project that was specifically addressed or
was the subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1. The proposed ice cream shop will operate within all of existing conditions of approval for
Minor Use Permit No. UP2011-015, including the maximum number of seats and hours of operation.
2. The ice cream shop does not propose live entertainment or the sale of alcohol, which
are both prohibited by Minor Use Permit No. UP2011-015.
3. The ice cream shop is required to obtain all necessary permits from the Building and Fire
Departments and must comply with all applicable codes. Additionally, approval from the
Orange County Health Department is required prior to the issuance of a building permit.
Finding:
D. The changes do not result in an expansion or change in operational characteristics of
the use.
Fact in Support of Finding:
1. The proposed operation of the ice cream shop at Suite 3134 is consistent with the
previously approved ice cream shop at Suite 3109. The proposed ice cream shop will
have limited seating and no late hours consistent with the take out service limited use
description.
CONDITIONS
All previous conditions of approval of Minor Use Permit No. UP2011-015 (PA2011-090) shall
remain in full force and effect as stated in the attached Zoning Administrator Action Letter (Attachment No. CD 2).
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
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Prepared by:
___________________________
David S. Lee, Associate Planner
MS/dl
Attachments: CD 1 Vicinity Map CD 2 Minor Use Permit No. UP2011-015 (PA2011-090)
CD 3 Project Plans
Attachment No. CD 1
Vicinity Map
Tmplt: 07/25/19
VICINITY MAP
Staff Approval No. SA2020-007
PA2020-332
3134 Balboa Boulevard
Subject Property
Attachment No. CD 2
Minor Use Permit No. UP2011-015
Attachment No. CD 3
Project Plans
M1X6E16E3M4X12X5A3M6E4E11E15E14E9E8E2E1X4M4X12X1X2E10E6E5M4X12A4A2A1A3F7F6E12M4X12X6F6X10F9M2M1M3E X I TE X I TE2.0Electrical
PlansPower Plan3Lighting PlanRoof Electrical Plan1Sheet Title:Drawn:Filename:Project No.Sheet No.Date:RevisionsSealDwg Plot Scale:Project:Consulant:
Architecture and Planning
Fredrick Robert Associates, Inc.
(714) 664-0055 Fax (714) 664-0066 www.FRA-INC.com
3010 Saturn Street - Suite 201, Brea CA 92821
Newport Beach, California 92663
3134 Balboa Blvd.2
8'-0" CLG E X I TE X I TMechanical Plan2
M2.0Roof Mechanical Plan1Mechanical PlanSheet Title:Drawn:Filename:Project No.Sheet No.Date:RevisionsSealDwg Plot Scale:Project:Consulant:
Architecture and Planning
Fredrick Robert Associates, Inc.
(714) 664-0055 Fax (714) 664-0066 www.FRA-INC.com
3010 Saturn Street - Suite 201, Brea CA 92821
Newport Beach, California 92663
3134 Balboa Blvd.
M1X6E16E3M4X12X5A3M6E4E11E15E14E9E8E2E1X4M4X12X1X2E10E6E5M4X12A4A2A1A3F7F6E12M4X12X6F6X10F9M2M1M3M1X6E16E3M4X12X5A3M6E4E11E15E14E9E8E2E1X4M4X12X1X2E10E6E5M4X12A4A2A1A3F7F6E12M4X12X6F6X10F9M2M1M3P2.0Plumbing
PlansWater and Gas Piping Plan2Sheet Title:Drawn:Filename:Project No.Sheet No.Date:RevisionsSealDwg Plot Scale:Project:Consulant:
Architecture and Planning
Fredrick Robert Associates, Inc.
(714) 664-0055 Fax (714) 664-0066 www.FRA-INC.com
3010 Saturn Street - Suite 201, Brea CA 92821
Newport Beach, California 92663
3134 Balboa Blvd.1Waste & Vent Plan