HomeMy WebLinkAbout02_Gelatissimo Minor Use Permit_PA2024-0062CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 13, 2024
Agenda Item No. 2
SUBJECT: Gelatissimo Gelato (PA2024-0062)
Minor Use Permit
SITE LOCATION: 304 Marine Avenue, Unit B
APPLICANT: Rey Maninang
PLANNER: Jerry Arregui, Planning Technician
jarregui@newportbeachca.gov, 949-644-3249
LAND USE AND ZONING
General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
Zoning District: Mixed-Use Water (MU-W2)
Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)
Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
The applicant is requesting a minor use permit to allow a gelato shop (Take-Out Service
– Fast Casual) within an existing 767-square-foot commercial suite. The applicant is
proposing minor modifications to the façade and interior of the building. The sale of
alcohol and late-hour operations (after 11:00 p.m.) are not proposed.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use
Permit filed as PA2024-0062 (Attachment No. ZA 1)
1
DISCUSSION
Land Use and Development Standards
The subject property is located on the 300 block of Marine Avenue on Balboa
Island and is currently development with a single-story commercial building, and
three on-site parking spaces in the rear. The property is adjacent to a variety of
commercial uses along Marine Avenue and residences on Grand Canal across
the alley (Figure 1, below).
Figure 1: Oblique Image of Project Site
The property is located within the coastal zone, within the Mixed-Use Water (MU-
W2) Coastal Zoning District and the Mixed-Use Water Related (MU-W) Coastal
Land Use category. The MU-W2 Coastal Zoning District applies to waterfront
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 does not result in an increase in parking intensity of the existing
use; therefore, a coastal development permit (CDP) is not required for the project.
The proposed project is to convert an existing retail suite into a gelato shop. The
project will primarily serve guests on a take-out basis. Although the applicant is
not proposing any indoor seating, the project has been conditioned to have a
maximum of six indoor seats, consistent with the take-out service – fast casual
use. The project has been conditioned to limit hours of operation from 10:00 a.m.
Subject Property
2
to 10:00 p.m. Sunday through Thursday, and 10:00 a.m. to 11:00 p.m. on Friday,
Saturday, and holidays. No alcohol sales or late hours are requested.
The property is located within the Mixed-Use Water (MU-W2) Zoning District and
categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element. Additionally, the property is located within the coastal zone, within the
Mixed-Use Water (MU-W2) Coastal Zoning District and the Mixed-Use Water
Related (MU-W) Coastal Land Use category. The MU-W2 zone is intended to apply
to waterfront locations in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper
floors. Because the Project does not result in an increase in parking intensity of the
existing use, a coastal development permit (CDP) is not required for the project.
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 ordinance, 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 6
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 same
commercial parking amendment of Title 21 (Local Coastal Program Implementation
Plan) to the California Coastal Commission. The amendment to Title 21 is currently
under review by the Coastal Commission. Since a minor use permit is required by
Title 20, the project is categorized as a Take-Out Service – Fast Casual use.
However, since it is located in the coastal zone where the parking amendment is
not yet effective, the project is regulated as the former Take-Out Service, Limited
use. Therefore, the project is limited to a maximum of 6 seats, unless otherwise
amended by the Coastal Commission.
The property has legal, nonconforming parking due to having only three available
parking spaces on site. NBMC Section 20.40.040 (Off-Street Parking Spaces
Required) requires an off-street parking rate of one space per 250 square feet of
gross floor area for a Take-Out Service – Fast Casual use. The project is in a
vacant tenant space that was previously occupied by a retail use which has the
same parking requirement. Pursuant to NBMC Section 21.38.060
(Nonconforming Parking) a use with nonconforming parking may be changed to a
new use allowed in that coastal zoning district without providing additional
parking, provided no intensification or enlargement (e.g., increase in floor area,
or lot area), and the new use requires a parking rate of no more than one space
per 250 square feet of gross building area. Since the project has an identical
parking rate and does not increase in gross floor area, no additional parking is
required.
The Project has been reviewed and includes conditions of approval 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
3
discourage and correct objectionable conditions that constitute a nuisance in
parking areas, sidewalks, and areas surrounding the Property and adjacent
properties during business hours, if directly related to the patrons of the
establishment. Based on the NBMC requirements and the proposed conditions of
approval, staff believes that the project will not result in a detriment to the
surrounding community.
Environmental Review
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, Chapter 3 because it has no potential to have a significant
effect on the environment. The Class 1 exemption authorizes minor alterations of existing
structures involving negligible or no expansion of use. The project is a gelato shop that
involves alterations to the interior floor plan of an existing commercial space with no
expansion in floor area. Therefore, the Class 1 exemption is applicable.
Public Notice
Notice of this hearing 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 meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the city website.
Prepared by:
DL/ja
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description Letter
ZA 4 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MINOR USE PERMIT FOR A TAKE-OUT SERVICE—FAST
CASUAL EATING AND DRINKING ESTABLISHMENT LOCATED
AT 304 MARINE AVENUE, UNIT B (PA2024-0062)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Rey Maninang (Applicant) concerning property located at 304
Marine Avenue, Unit B, and legally described as Lot 3 of Section 4 of the Balboa Island
Tract (Property), requesting approval of a minor use permit.
2.The Applicant proposes a gelato establishment (take-out service—fast casual) within an
existing 767-square-foot commercial suite. The applicant is proposing minor
modifications to the façade and interior of the suite. The sale of alcohol and late-hour
operations (after 11:00 p.m.) are not proposed (Project).
3.The Property is located within the Mixed-Use Water (MU-W2) Zoning District and
categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element. The
MU-W2 zone is intended to apply to waterfront locations in which marine-related uses may
be intermixed with general commercial, visitor-serving commercial and residential dwelling
units on the upper floors.
4.The Property is located within the coastal zone, within the Mixed-Use Water (MU-W2)
Coastal Zoning District and the Mixed-Use Water Related (MU-W) Coastal Land Use
category. The MU-W2 Coastal Zoning District applies to waterfront 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 does not result
in an increase in parking intensity of the existing use; therefore, a coastal development
permit (CDP) is not required for the Project.
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 ordinance, 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. The amendment to Title 21 is
currently under review by the Coastal Commission. Since a minor use permit is required
by Title 20, the Project is categorized as a Take-Out Service – Fast Casual use. However,
6
Zoning Administrator Resolution No. ZA2024-###
Page 2 of 10
01-17-23
since it is located in the coastal zone where the parking amendment is not yet effective,
the Project is regulated as the former Take-Out Service, Limited use. Therefore, the Project
is limited to a maximum of six seats, unless otherwise amended by the California Coastal
Commission.
6.A public hearing was held on June 13, 2024, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (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) under 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 Class 1 exemption authorizes minor alterations of existing structures involving
negligible or no expansion of use. The Project is a gelato shop that involves alterations to
the interior floor plan of an existing commercial space with no expansion in floor area.
Therefore, 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
Newport Beach Municipal Code (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 designates this Property as Mixed-Use
Water (MU-W2) which is intended to apply to waterfront locations 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 a take-out gelato shop which
is a visitor-serving commercial use on Marine Avenue of Balboa Island, which is
surrounded by similar and complementary uses such as residential and commercial
uses including retail sales, eating, and drinking establishment, and offices.
2.The Property is not part of a specific plan area.
Finding:
7
Zoning Administrator Resolution No. ZA2024-###
Page 3 of 10
01-17-23
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 Property is located within the MU-W2 Zoning District. Table 2-9 of NBMC Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) allows
take-out service—fast casual eating, and drinking establishment use subject to approval
of a minor use permit if within 100 feet of a residential zoning district. A take-out
service—fast casual use is defined as an establishment that sells food or beverages,
with the exception of alcohol, primarily for off-site consumption, where customers order
and pay for food at either a counter or service window and up to a maximum of up to 20
seats including seats in interior areas and seats in outdoor dining areas are provided for
on-site consumption of food or beverages. As discussed in Statement of Fact No. 5
above, the Project is limited to a maximum of six seats unless otherwise amended by
the Coastal Commission.
2.The Property has legal, nonconforming parking due to having only three available
parking spaces on site. NBMC Section 20.40.040 (Off-Street Parking Spaces Required)
requires an off-street parking rate of one space per 250 square feet of gross floor area
for a take-out service – fast casual use. The Project is in a vacant tenant space that was
previously occupied by a retail use which has the same parking requirement. Pursuant
to NBMC Section 21.38.060 (Nonconforming Parking) a use with nonconforming parking
may be changed to a new use allowed in that coastal zoning district without providing
additional parking, no intensification or enlargement (e.g., increase in floor area, or lot
area), and the new use requires a parking rate of no more than one space per 250
square feet of gross building area. The Project has an identical parking rate and does
not increase in gross floor area; therefore, no additional parking is required.
3.As conditioned, the Project will comply with NBMC Section 20.48.090 (Eating and
Drinking Establishments) which specifies standards for eating and drinking
establishments. Additionally, the Project will be conditioned to provide a maximum of six
seats for use by patrons as required for the former take-out service, limited use unless
otherwise amended by the California Coastal Commission.
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 Project is compatible with the existing and allowed uses in the area, which consist
of residential and commercial uses including retail sales, eating and drinking
establishment, and offices. The Property is located among other commercial uses along
Marine Avenue with residential uses located directly across the alley behind the
Property.
8
Zoning Administrator Resolution No. ZA2024-###
Page 4 of 10
01-17-23
2.The Project includes an interior remodel and alteration of a 767-square-foot commercial
suite with approximately 357 square feet proposed as customer serving area. The size
of the commercial suite will not increase as part of this Project.
3.The Project will be conditioned to provide adequate trash storage facilities in an
enclosed area pursuant to NBMC Section 20.30.120 (Solid Waste and Recyclable
Materials Storage), thereby preventing any odor or related issues for the adjacent
properties.
4.Fact support of Finding B.2 is hereby incorporated as reference.
5.As conditioned, the hours of operation are from 10:00 a.m. to 10:00 p.m. Sunday to
Thursday and 10:00 a.m. to 11:00 p.m. on Friday, Saturday, and holidays. These hours
of operation will minimize any disturbance to residences near the property.
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 2,250 square feet in area, rectangular in shape, and located in a
commercial area with residential uses to the east across the rear alley. The Property
has street access along Marine Avenue and alley access at the rear of the Property.
Pedestrian access is available at the front of the Property along Marine Avenue.
2.The Fire Department reviewed the Project to ensure adequate public and emergency
vehicle access is provided.
3.The Public Works Department, Building Division, and Fire Department have reviewed
the application. The Project is required to obtain all applicable permits from the City
Building and Fire Departments and must comply with the most recent, City-adopted
version of the California Building Code.
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:
9
Zoning Administrator Resolution No. ZA2024-### Page 5 of 10
01-17-23
1. The Project will add an additional take-out dessert option to Marine Avenue and occupya commercial suite that is currently vacant.
2. The Project includes limited hours, no alcohol service, and is limited to a maximum ofsix indoor seats, unless the previously discussed parking amendment is approved bythe Coastal Commission. The Project meets the parking requirement pursuant to NBMCSection 21.38.060 (Nonconforming Parking) and there is not anticipated to be a
significant impact or increase in demand for on-street parking in this area as a result of
this Project.
3.Fact support of Finding C.3 is hereby incorporated as reference.
4. The Project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extentpossible. The operator is required to take reasonable steps to discourage and correctobjectionable conditions that constitute a nuisance in parking areas, sidewalks andareas surrounding the Property and adjacent properties during business hours, if directly
related to the patrons of the establishment. Based on the NBMC requirements and the
proposed conditions of approval, the Project will not result in a detriment to thesurrounding community.
5. The Applicant is required to obtain Health Department approval prior to opening for
business, and to comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this Project iscategorically exempt from the California Environmental Quality Act under Section 15301under 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 PermitPA2024-0062, subject to the conditions outlined 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 Resolutionwas adopted unless within such time an appeal or a call for review is filed with theCommunity Development Director in accordance with the provisions of Title 20 Planning
and Zoning of the Newport Beach Municipal Code (NBMC).
10
Zoning Administrator Resolution No. ZA2024-### Page 6 of 10
01-17-23
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JUNE 2024
_____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator
11
Zoning Administrator Resolution No. ZA2024-### Page 7 of 10
01-17-23
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The Project 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 asmodified 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. A material violation ofany of those laws in connection with the use may cause the revocation of this Minor Use
Permit.
4.All proposed signs shall be in conformance with the approved Comprehensive SignProgram for the Property and provisions of Chapter 20.42 (Sign Standards) of theNewport Beach Municipal Code.
5.This Use Permit may be modified or revoked by the Zoning Administrator if determinedthat the proposed uses or conditions under which it is being operated or maintained aredetrimental to the public health, welfare, or materially injurious to property orimprovements in the vicinity or if the Property is operated or maintained to constitute a
public nuisance.
6.Any change in operational characteristics, expansion in the area, or other modificationto the approved plans, shall require review by the Planning Division. An amendment tothis Use Permit or the processing of a new Minor Use Permit may be required.
7.A copy of the Resolution, including conditions of approval Exhibit “A” shall beincorporated into the Building Division and field sets of plans before issuance of thebuilding permits.
8.The screening of roof-mounted and ground-mounted mechanical equipment shall be
required in all zoning districts at the time of new installation or replacement inconformance with Section 20.30.020 (Buffering and Screening) of the NBMC.
9. The Property shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, in the
opinion of the Director of Community Development, the illumination creates anunacceptable negative impact on surrounding land uses or environmental resources.
12
Zoning Administrator Resolution No. ZA2024-### Page 8 of 10
01-17-23
The Director of Community Development may order the dimming of light sources or other remediation upon finding that the Property is excessively illuminated.
10. Before the issuance of a building permit, the applicant shall pay any unpaidadministrative costs associated with the processing of this application to the PlanningDivision.
11.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of theNewport Beach Municipal Code. The maximum noise shall be limited to no more thandepicted below for the specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
12.Should the Property be sold or otherwise come under different ownership, any futureowners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
13.Construction activities shall comply with Section 10.28.040 (Construction Activity –Noise Regulations) of the Newport Beach Municipal Code, which restricts hours ofnoise-generating construction activities that produce noise to between the hours of 7:00a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities arenot allowed on Saturdays, Sundays, or Federal Holidays.
14.No outside paging system shall be utilized in conjunction with this establishment.
15.All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.The trash enclosure shall have a decorative solid roof for aesthetic and screeningpurposes.
16. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpstersor periodic steam cleaning of the dumpsters if deemed necessary by the PlanningDivision. Cleaning and maintenance of trash dumpsters shall be done in compliancewith the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
13
Zoning Administrator Resolution No. ZA2024-### Page 9 of 10
01-17-23
17.The Property shall be always maintained free of litter and graffiti. The owner or operatorshall provide for daily removal of trash, litter debris, and graffiti from the premises and on
all abutting sidewalks within 20 feet of the premises.
18.Storage outside of the building in the front or at the rear of the Property shall beprohibited, except for the required trash container enclosure.
19.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.
20.Deliveries and refuse collection for the facility shall be prohibited between the hours of10:00 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 and may require an amendment to this Minor UsePermit.
21.A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, include any form of on-site media broadcast, or any other activitiesas specified in the Newport Beach Municipal Code to require such permits.
22.This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 21 Local Coastal Program Implementation Plan.
23.The allowed hours of operation for this establishment shall be limited to the hours of 10:00a.m. to 10:00 p.m. Sunday to Thursday and 10:00 a.m. to 11:00 p.m. on Friday,
Saturday, and Federal Holidays.
24.The sale, service, or consumption of alcohol shall not be permitted.
25.The maximum of six interior seats shall allowed for the Project, unless otherwise
amended by the Coastal Commission.
26.To the fullest extent permitted by law, the applicant shall indemnify, defend and holdharmless the City, its City Council, its boards and commissions, officials, officers,employees, and agents from and against any 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) ofevery kind and nature whatsoever which may arise from or in any manner relate (directlyor indirectly) to City’s approval of Gelatissimo Gelato including, but not limited to, MinorUse Permit (PA2024-0062). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorney’s fees, and other
expenses incurred in connection with such claim, action, causes of action, suit, orproceeding whether incurred by the applicant, City, and/or the parties initiating or bringingthe such proceeding. The applicant shall indemnify the City for all the City's costs,attorneys' fees, and damages that which City incurs in enforcing the indemnification
14
Zoning Administrator Resolution No. ZA2024-### Page 10 of 10
01-17-23
provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this
condition.
Building Division 27. An accessible path of travel from parking and public right of way to the tenant space
shall be required. Non-compliant items shall be brought to compliance. 28. The Applicant shall note on that plans that there is existing non-compliant parking on the rear of the Property.
29. Recessed doors maneuvering clearances for forward approach shall be provided when
any obstruction within 18” of the latch side at an interior doorway, or within 24” of the latch side of an exterior doorway, projects more than 8” beyond the face of the door, measured perpendicular to the face of the door or gate. (11B-404.2.4.3 & Figure 11B-404.2.4.3 (a))
30. The Applicant shall provide a clear space of 12” past the strike edge of the door on the opposite side to which the door swings if the door is equipped with both a latch and a closer. (Figure 11B-404.2.4.1(c)). The door shall not swing outside of the property line. The maneuvering clearances at doors shall not have changes in level (except at
thresholds), slopes exceeding 1:48
31. The Applicant shall provide a plumbing fixture analysis on the plans. The applicant shall verify that the number of plumbing fixtures provided complies with CPC Table 422.1. Use chapter 4, Table A for occupant load factor & see footnote # 3 for female required
fixtures. The total occupant load shall be determined in accordance with CBC or CPC
Table 4-1 Occupant load factor. The applicant shall provide a summary of the number of required fixtures and the number of provided fixtures on the on the title sheet of the plans.
Public Works Department
32. A new sewer cleanout shall be installed on the existing sewer lateral per City Standard 406.
15
Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Minor Use Permit
(PA2024-0062)
304 Marine Avenue, Unit B
Subject Property
17
Attachment No. ZA 3
Applicant’s Project Description Letter
18
gelatissimo.com
GelatoJoy LLC
p 408.202.3725 e rey.m@gelatissimo.com
To: City of Newport Beach Planning Dept. – Jerry Arregui
Fr: Rey Maninang
Re: 304 Marine Ave. Newport Beach – MUP Statement Responses
1. The use is consistent with the General Plan and any applicable specific plan.
Response – Yes, the use of Gelatissimo is to be Take-Out Service – Fast Casual that is allowed,
permitted under MUP and consistent with the General Plan.
2. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Response – Yes, the use of Gelatissimo is to be Take-Out Service – Fast Casual which is an
allowed use for the MU-W2 Mixed-Use Water 2 Zone.
3. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Response – Yes, the design of Gelatissimo aligns with the Zoning and landscape of Balboa
Island. Located at 304 Marine Ave. and lot size being approximately 2,254 sq. ft. As a Take-Out
Service – Fast Casual establishment the use compliments the surrounding properties and the
Mixed-Use Water 2 Zone.
4. 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; and
Response – Yes, the site is physically suitable for all the above mentioned.
5. 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.
Response – Correct, the use would not be detrimental to all the above.
Parking: Please note that the establishment is a “grab and go” type store with no dine-in
offered. Patrons would enter the store to choose their gelato, pay inside and then depart the
store to enjoy their treat outside. Customers would utilize the existing street parking provided
by the city and due to land constraints within Balboa Island, unfortunately, no additional
private parking can be built.
Regards,
Rey Maninang
19
Attachment No. ZA 4
Project Plans
20
COVER SHEET
A0.0
304 MARINE AVE. STE. B NEWPORT BEACH, CA 92662
TENANT IMPROVEMENT PROJECT FOR:
SYMBOLS
LIST OF ABBREVIATIONS
SHEET INDEX
SHEET DESCRIPTION
ARCHITECTURAL
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
ARCHITECTOWNER
VICINITY MAP
PROJECT PARTICIPANTS
FIRE DEPT. REQUIREMENTS
ARCHITECTURAL SCOPE OF WORKAPPLICABLE CODES
GENERAL NOTES
1
X
XXX
A
XXX
X
X
FX A
ELEC/MECH/PLUMBING ENGINEER STRUCTURAL ENGINEER
XX
XX
XX
BUILDING CODE ANALYSIS
N
PLUMBING FIXTURE ANALYSIS
xx
xxx
NPDES NOTES
SEPARATE SUBMITTALS
x
x
x
$
21
RENDERINGS
A0.1
RENDERING 1
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENTRENDERING2
RENDERING 3
RENDERING 4
22
STOP
ST
O
P
STOP
ST
O
P
VANACCESSIBLE
$250FINE
PARKINGONLY
$250FINE
SITE PLAN & DETAILS
A1.0
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
1-
SITE PLAN
INTERNATIONAL SYMBOL OF ACCESSIBILITY 4
EXISTING ACCESSIBLE WARNING SIGN 3
EXISTING ACCESSIBLE PARKING SIGN TYPICAL 2
EXISTING TRUNCATED DOMES 5 EXISTING ACCESSIBLE PARKING SPACE 1
4-
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
2-
2-
N
6-
TYPICAL DIAGONAL CURB RAMP 6
TYPICAL CURB RAMP 7
PARKING ANALYSISBUILDING AREA
x
23
EXISTING DEMOLITION PLAN& DEMOLITION RCPA1.1
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
EXISTING FLOOR PLAN DEMOLITION
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
EXISTING REFLECTED CEILING PLAN DEMOLITION
DEMOLITION NOTES
ADJ.TENANTN.I.C.
N
N
ADJ.TENANTN.I.C.
2 8
2 8
2 8 2 8
9
9
11
CEILING DEMOLITION NOTES
1
1
1
5 6 5 6
5 6
4 6
4
6
WALL TYPES
A
A1
A
A1
24
CONSTRUCTION FLOOR PLAN& EXITING PLAN A2.0
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
WALL TYPES CONSTRUCTION NOTES
A
B
EXITING PLAN
CONSTRUCTION FLOOR PLAN
ADJ.TENANTN.I.C.
N
N
ADJ.TENANTN.I.C.
TACTILE EXIT SIGN NOTESLEGEND
ATACTILE SIGN
100
EX
101
8
2
A
EX EX
9
8 9
10
A
A
A
102
C
C
B
1
3
4 10
1ENLARGED ENTRANCE
25
GELATOMADE FRESH IN-STORE
BALBOA ISLAND
KITCHEN EQUIPMENT FLOORPLAN / SCHEDULEA2.2
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
KITCHEN EQUIPMENT SCHEDULE
TAG QTY.DESCRIPTION MANUF./MODEL #NSF VOLTS WATTS AMPS
PLUMBING DRAIN GAS BTU
RESPONSIBILITYSCHEDULE COMMENTS
H.W. C.W. DIR. F.S.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
16
2
12
KITCHEN EQUIPMENT FLOOR PLANN
ADJ.TENANTN.I.C.
FINISH SCHEDULE
ROOM NO. AREA WALLS CEILING FLOOR FLOOR BASE
1
10 9
7 8
3
11
45
612
13
1817 15 14
19
2023
2122
EXTERIOR ELEVATION 1
P-2P-1 P-3
P-2
P1 PAINT P2 PAINT P3 PAINT
26
REFLECTED CEILING PLAN &ROOF PLAN A2.3
CEILING NOTESCEILING LEGEND
LIGHTING FIXTURE SCHEDULE
TAG QTY.SYMBOL DESCRIPTION MANUFACTURER/NUMBER LAMP REMARKSWATTSTOTAL WATTS TYPE
F1
F2
LF2.1
LF3
X1
SHEET TITLE
SHEET NUMBER
PROJECT NO
DATE
DRAWN BY
SCALE
DESCRIPTION DATE
COPYRIGHTALL IDEAS DESIGNS, ARRANGEMENTS AND PLANSINDICATED OR REPRESENTED BY THIS DRAWINGARE OWNED BY, AND THE PROPERTY OFDESIGNWORK STUDIOS, INC. AND WERECREATED, EVOLVED AND DEVELOPED FOR USEON AND IN CONNECTION WITH THE SPECIFIEDPROJECT. NONE OF SUCH IDEAS, DESIGNARRANGEMENTS, OR PLANS SHALL BE USED BYOR DISCLOSED TO ANY PERSON, FIRM ORCORPORATION FOR ANY PURPOSE WHATSOEVERWITHOUT THE WRITTEN PERMISSION OFDESIGNWORK STUDIOS, INC.
8941 Research Drive, Suite 100Irvine, CA 92618Tel. 714.480.0533
ARCHITECTURE • INTERIOR DESIGN
PROJECT:
TENANT IMPROVEMENT
P-1 LF2
LF1
REFLECTED CEILING PLANN
ADJ.TENANTN.I.C.
ROOF PLAN (FOR REFERENCE ONLY)N
X1
LF2.1
LF3
6
6
6
4 5
4 5
4 5
27
June 13, 2024, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. Gelatissimo Gelato Minor Use Permit (PA2024-0062)
1. The Statement of Fact in Section 1.4 of the proposed resolution of approval concludes
“The Project does not result in an increase in parking intensity of the existing use;
therefore, a coastal development permit (CDP) is not required for the Project.” This
conclusion does not seem obvious to me especially since the resolution does not identify
the existing use. I see what appear to be supporting facts on handwritten page 3 of the
staff report. Shouldn’t they be included in the resolution?
2. Condition of Approval 4 says: “All proposed signs shall be in conformance with the
approved Comprehensive Sign Program for the Property and provisions of Chapter
20.42 (Sign Standards) of the Newport Beach Municipal Code.”
Does this property have a Comprehensive Sign Program? That seems to be the subject
of a separate application PA2024-0065. Shouldn’t the applications, or at least the
hearings on them, be combined?
3. Condition of Approval 11 appears intended to inform the permittee of the provisions of
NBMC Chapter 10.26. In doing so, it reproduces a table that appears to have been
included in MUP’s and CUP’s since 2010. Unfortunately, the table appears to list a too
lenient noise standard (“45 dBA”) for interior locations in “Residential Property located
within 100 feet of a commercial property” and “Mixed Use Property” “Between the hours
of 10:00 PM and 7:00 AM.”
Not only should “Mixed Use Property” read “Residential Portions of Mixed Use
Properties,” but the City’s late night interior noise standard in all residential units,
including residential portions of mixed-use properties, has been 40 dBA (not 45 dBA)
since at least 1995 per NMBC Section 10.26.030 (as it is in Table N3 of the Noise
Element of the current General Plan).
Additionally, the code gives these decibel “noise standards” a more nuanced
interpretation than representing the “maximum noise” allowed. So,rather than
correcting the table, it might be wiser to omit it and simply reference the code.
4. Since this is not a Coastal Development Permit, shouldn’t Condition of Approval 22
reference NBMC Title 20 rather than Title 21?
5. Regarding Condition of Approval 25, it is not clear how this MUP would be “amended by
the Coastal Commission.” Was this meant to say something like “unless the CIty’s LCP
is amended to allow up to XX seats”?
Also, “The maximum of six interior seats shall allowed for the Project” was probably
intended to read “A maximum of six interior seats shall be allowed for the Project.”
Zoning Administrator - June 13, 2024 Item No. 2a - Additional Materials Received Gelatissimo Gelato Minor Use Permit (PA2024-0062)