HomeMy WebLinkAboutPA2018-095_Action Letter.pdfCOMMUNITY 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
Application No. Hershey’s Market Staff Approval
Staff Approval No. SA2018-007 (PA2018-095)
Applicant Manouch Moshayedi
Site Location 200 and 202 Marine Avenue
Legal Description Lots 1 and 2 , Block 11, Section 4, Balboa Island Tract
On February 15, 2019, the Community Development Director approved Staff Approval No.
SA2018-007. This approval is based on the following findings and subject to the following
conditions.
ZONING DISTRICT/GENERAL PLAN
Zone: MU-W2 (Mixed-Use Water Related)
General Plan: MU-W2 (Mixed-Use Water Related)
Coastal Land Use Plan: MU-W (Mixed-Use Water Related)
Coastal Zoning: MU-W2 (Mixed-Use Water Related)
I.BACKGROUND
The subject property was constructed in 1924 as a market that offered groceries, a
pharmacy, and a single gas pump. The market building was later torn down and
reconstructed in 1938. The grocery’s name was changed to Hershey’s Market in 1948.
The subject property appears on the City’s Historic Resources Inventory and is listed as a
Class 4 (Structure of Historic Interest). This Class refers to a building, structure, object, site,
or natural feature that has been altered to the extent that the historic/architectural integrity
has been substantially compromised, but is still worthy of recognition. Class 4 facilities are
listed for recognition purposes only and are not identified as eligible to use the State Historic
Building Code. General Plan Policy HR 1.1 recommends providing photo documentation of
inventoried structures prior to demolition or alteration. Refer to Attachment No. CD 3 for
more history, background, and photos documenting the existing building as suggested by
this General Plan policy.
On January 10, 2013, the Zoning Administrator approved Use Permit No. UP2012-020
(PA2012-125) authorizing the establishment of an accessory food service use with 200
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square feet of net public area and a maximum of 12 seats within the existing Hershey’s
Market.
II. PROPOSED CHANGES
The applicant proposes to remodel Hershey’s Market by dividing the existing 4,200-
gross-square-foot building into two retail tenant suites of 2,054 square feet each. A 92-
square-foot portion of the entry would be demolished to allow for proper access and door
swings into each suite.
The proposed project would retain the existing Hershey’s Market and accessory dining in
one tenant suite and add a new retail tenant in the adjacent suite. The newly created suite
will be used for retail commercial use; however, a specific tenant has not been designated
at this time. The existing Hershey’s Market minor use permit allows for 200 square feet of
food service area and 12 seats within the market. There is no proposed increase in the
interior net public area or number of seats. All of the operational characteristics including the
hours of operation are not changing.
The project also proposes exterior modifications including new bi-fold windows &
fabric awnings for both units, and the addition of an architectural feature up to the 26-foot
height limit at the corner of Marine Avenue and Park Avenue.
The proposed building modification does not result in a change or intensification of the
existing/historical retail use that would require a Coastal Development Permit. There is
no increase in the parking rate, building floor area, and less than 10 percent increase in
overall building height.
III. FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community
Development Director may authorize minor changes to an approved site plan, architecture,
or the nature of the approved use without a public hearing, and waive the requirement for a
new use permit application. In this case, the Community Development Director has
determined that the proposed changes to the accessory food service are not an expansion
of the use and they are in substantial conformance with the Use Permit No. UP2012-020
(PA2012-125).
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. Food service uses are a permitted use in the MU-W2 (Mixed-Use Water-Related)
Zoning District, subject to the approval of a use permit. The proposed changes are
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consistent with the operational characteristics approved by Use Permit No. UP2012-
020 (PA2012-125).
2.The proposed floor plan changes remain consistent with the operational
characteristics of the previously approved dining area.
3.The parking is non-conforming as the site does not provide any off-street parking.
The accessory food service use does not change or increase the parking
requirement. Since no changes to the net public area are proposed, no additional
parking is required.
Finding:
B.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 proposed changes to the existing accessory food service will not compromise
the original Class 1 (Existing Facilities) exemption under the California Environmental
Quality Act (CEQA) Guidelines since the request involves minor alterations to the
floor plan and operational characteristics that will not exceed 50 percent of the
existing floor area or 2,500 square feet.
Finding:
C.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 reconfiguration of the interior were not specific features that
were addressed or conditioned by Use Permit No. UP2012-020 (PA2012-125).
2.The operational characteristics, seating (12 seats), size of interior dining area
(200 square feet of net public area), and hours of operation remain unchanged.
Finding:
D.Do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1.The division of the existing building into two tenant suites and repositioning of the
accessory food service area within the existing grocery store are minor in nature and
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does not represent a substantial change in the operational characteristics of the
accessory food service that was previously authorized.
2.The proposed changes do not result in additional employees. The hours of operation
will remain unchanged as conditioned by Use Permit No. UP2012-020 (PA2012-
125), 7:30 a.m. to 8:00 p.m., daily.
IV.DETERMINATION
This staff approval has been reviewed and the determination has been made that the
proposed changes to the existing accessory food service are in substantial conformance
with the original approval actions.
CONDITIONS
1.All applicable conditions of approval for Use Permit No. UP2012-020 (PA2012-125)
shall remain in effect (Attachment No. CD 3).
2.The revised floor plans shall remain in substantial conformance with the approved
revised floor plan found in Attachment No. CD 4.
3.Exterior door swings shall not project into the public right-of-way.
4.Each tenant unit shall be served by separate water and sewer service. Each service
shall be installed per City Standard. A new sewer cleanout shall be installed on the
existing sewer lateral per City Standard STD-406.
5.Prior to the issuance of building permits, the plans shall be revised to reflect awnings
that project no more than 18inches into the public right-of-way and shall provide a
minimum 10-feet clearance height from the adjacent sidewalk grade.
6.Awnings and canopies shall be provided with an approved covering that meets the
fire propagation performance criteria of Test Method 1 or Test Method 2, as
appropriate, of NFPA 701 or has a flame spread index not greater than 25 when
tested in accordance with ASTM E84 or UL 723 per California Building Code Section
3105.4.
7.The exterior bi-fold doors shall not project into the public right-of-way.
8.Prior to the issuance of building permits, the exiting design shall be modified to the
satisfaction of the Building Division. A second exit may be required based on the
proposed dining area.
9.Prior to the issuance of building permits, proof of construction materials shall be
required since the building may be constructed from unreinforced masonry.
Hershey’s Market Staff Approval (PA2018-095)
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10.Prior to the issuance of building permits, Health Department Approval shall be
required.
11.The applicant is required to obtain all applicable permits from the City Building
Division and Fire Department. Prior to the issuance of any building, mechanical,
and/or electrical permits, architectural drawings and structural design plans shall be
submitted to the City of Newport Beach for review and approval by the applicable
departments. A copy of these conditions of approval shall be incorporated into the
drawings approved for the issuance of permits.
12.The Community Development Director may add to or modify conditions to this staff
approval, or revoke this staff approval upon determination that the operations, which
is the subject of this staff approval, causes injury, or is detrimental to the public health,
safety, peace, or general welfare of the community or if the property is operated or
maintained so as to constitute a public nuisance.
13.This staff approval shall expire unless exercised within twenty-four (24) months from
the end of the appeal period, in accordance with Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code.
14.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
Hershey’s Market Staff Approval including, but not limited to, the SA2018-007
(PA2018-095). 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 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.
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. For additional information on filing an appeal, contact the Planning Division at 949-
644-3200.
Hershey’s Market Staff Approval (PA2018-095)
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Prepared by:Approved by:
GR/mkn
Attachments: CD 1 Vicinity Map
CD 2 History, Background, and Photo Documentation
of Existing Building
CD 3 UP2012-020 (PA2012-125)
CD 4 Project Plans
Attachment No. CD 1
Vicinity Map
Action Letter.docxTmplt: 03/22/18
VICINITY MAP
Staff Approval No. SA2018-007
(PA2018-095)
200 and 202 Marine Avenue
Subject
Property
Attachment No. CD 2
History, Background, and Photo Documentation
of Existing Building
Carol D. Holguin for Maxwell & Associates Page | 1
History of the Hershey’s Market Building
200 Marine Avenue, Balboa Island, California
The building was originally opened in 1924-26, owned by Walt Kaufman, and called Wallie’s Cash Market. The market
offered groceries, pharmacy, and a single gas pump.
In 1932, Anthony Hirschi, Phil Carroll, and Walt Kaufman co-own Wallie’s Market
In 1933 a liquor store was added to the market.
In 1937 The name of the building is changed to Market Spot.
In 1938 the original building is torn down and a new building is erected.i
Carol D. Holguin for Maxwell & Associates Page | 2
The Signage and facade were changed in the 1940’s
In 1948 the building name was changed to Hershey’s Market.
Between 1969 and 1978 there were electrical, plumbing, and interior changes, including partitioning off the meat
department per Health Department code.ii
In 1978, new owners acquire the building and the exterior façade was changed.iii
Carol D. Holguin for Maxwell & Associates Page | 3
In 2012 the front entrance was replaced with new “mall entrance.”iv
The Interior of the building has also undergone numerous changes over the years.
According to Brittany Webb, Director of The Balboa Island Museum and Historical Society, “the original building located
at 200 Marine Avenue, may have been a house, but this cannot be confirmed by photos or written document.”v With
three name changes, complete remodel in 1938, and numerous exterior and interior alterations over the years, the
Hershey’s Market building at 200 Marine Avenue has changed with the times, with new ownership, and in keeping with
the demands of the surrounding community.
Thank you to Brittany Webb and the Balboa Island Museum and Historical Society for their assistance in compiling this
report.
Carol D. Holguin for Maxwell & Associates Page | 4
i “The Hershey’s – One of Balboa Island’s Pioneer and Prominent Families”, Balboa Island Museum and Historical Society, 2018.
ii City of Newport Beach Building Department Permits, https://www.newportbeachca.gov/government/open-transparent/online-
services/permit-plan-check-information/permit-search-by-address, 2018.
iii City of Newport Beach Building Department Permits, https://www.newportbeachca.gov/government/open-transparent/online-
services/permit-plan-check-information/permit-search-by-address, 2018.
iv City of Newport Beach Building Department Permits, https://www.newportbeachca.gov/government/open-transparent/online-
services/permit-plan-check-information/permit-search-by-address, 2018.
v Brittany Webb, Director, Balboa Island Museum and Historical Society, 2018.
Attachment No. CD 3
UP2012-020 (PA2012-125)
RESOLUTION NO. ZA2013-001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012-020 FOR ACCESSORY FOOD SERVICE WITHIN
AN EXISTING GROCERY STORE LOCATED AT 200 MARINE
AVENUE (PA2012-125)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by BB&C LLC., DBA Hershey’s Market, with respect to property
located at 200 Marine Avenue, and legally described as Lots 1 and 2, Block 11, Balboa
Island Section 4, requesting approval of a Minor Use Permit.
2.The applicant proposes accessory food service use within the existing grocery store and
delicatessen, which will include six (6) tables and 12 chairs.
3.The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning
District and the General Plan Land Use Element category is Mixed-Use Water Related
(MU-W2).
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W).
5.A public hearing was held on January 10, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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.This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act (“CEQA”) under Class 1 (Existing
Facilities).
2.Class 1 exempts minor alterations to existing facilities involving negligible expansion of
use. The addition of tables for an accessory food service use is a negligible expansion of
the existing retail grocery store use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Zoning Administrator Resolution No. ZA2013-001
Page 2 of 6
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The project site is designated as Mixed-Use Water Related (MU-W2) by the Land Use
Element of the General Plan, which is intended to provide for commercial development
near the bay while integrating residential development on the upper floors. The
existing grocery store and delicatessen use and the proposed accessory food service
use are consistent with the MU-W2 designation.
2. Retail sales and eating and drinking establishment uses are prevalent in the vicinity
along Marine Avenue and are frequented by both visitors and residents. The
establishment is compatible with the land uses allowed within the surrounding
neighborhood.
3. 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. Pursuant to Section 20.70.020 (Definitions of Specialized Terms and Phrases), a grocery
store is classified as a retail sales land use. An accessory food service use is a typical
use within grocery stores and does not change the principal use.
2. The subject property is located in the MU-W2 Zoning District. A retail sales use is
allowed by right within the MU-W2 Zoning District pursuant to Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the Zoning Code.
Subject to the approval of a Minor Use Permit by the Zoning Administrator, the
accessory use is allowed within the MU-W2 Zoning District.
3. Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required),
retail sales uses require one parking space per 250 square feet of gross floor area.
The parking is nonconforming as the site does not provide any off-street parking;
however, the addition of an accessory use does not change or increase the parking
requirement.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Zoning Administrator Resolution No. ZA2013-001
Page 3 of 6
Facts in Support of Finding:
1. The proposed project is located within a nonresidential zoning district with residential
uses nearby. The operational characteristics are that of retail sales establishment,
and not of a restaurant, bar, or nightclub.
2. The gross floor area of the building is approximately 4,300 square feet. The proposed
seating area is approximately 120 square feet in area.
3. The hours of operation are from 7:30 a.m. to 8:00 p.m. daily.
4. On-sale alcoholic beverage service is not proposed. The approval includes conditions
prohibiting dancing or live entertainment on the premise.
5. The surrounding area along Marine Avenue contains various commercial uses
including restaurants and retail sales. The proposed establishment is compatible with
the existing and allowed uses within the neighborhood.
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 subject lot is 60 feet by 75 feet (4,500 square feet in area) and is developed with
an approximately 4,300-square-foot building.
2. The subject lot is located at the intersection of two public streets and also has alley
access. The existing building has functioned effectively with the current configuration.
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:
1. The restrictions on seating area and number of chairs will prevent adverse traffic impacts
for the surrounding residential and commercial uses. Patrons who are nearby residents
or visitors to the area will likely walk or ride a bicycle to the subject site.
2. The hours of operation are from 7:30 a.m. to 8:00 p.m., daily, which will eliminate any
late-night noise impacts on the neighboring residential uses.
Zoning Administrator Resolution No. ZA2013-001
Page 4 of 6
3. The proposed accessory food service use will provide an economic opportunity for the
property owner and provide additional services for the residents and visitors in the
surrounding area who patronize the grocery store.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012-020, 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 fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF JANUARY, 2013.
BY:
Zoning Administrator Resolution No. ZA2013-001
Page 5 of 6
EXHIBIT “A”
CONDITIONS OF APPROVAL
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. The hours of operation shall be limited to 7:30 a.m. to 8:00 p.m., daily.
3. The seating area shall be limited to 200 square feet in area.
4. DELETED.
5. Approval is required from the Orange County Health Department.
6. The project shall comply with accessibility requirements as required by the Building
Division.
7. The project may necessitate additional plumbing fixtures as required by the Building
Division.
8. The addition of the tables and chairs shall be reviewed and approved by the Fire
Department and the door and exiting requirements may change based on the occupant
load.
9. Dancing and live entertainment are prohibited unless an amendment to this Minor Use
Permit is first approved.
10. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
he/she determine 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.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Minor Use Permit or the
processing of a new Minor Use Permit.
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. Trash receptacles for patrons shall be conveniently located inside the establishment.
Zoning Administrator Resolution No. ZA2013-001
Page 6 of 6
15. 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.
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 dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
17. 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.
18. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Minor Use Permit.
19. A Special Event 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 for on-site consumption,
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. Minor Use Permit No. UP2012-020 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.
21. 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 Hershey’s Market including, but not limited to, the
Minor Use Permit No. UP2012-020. 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
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.
Attachment No. CD 4
Project Plans