Loading...
HomeMy WebLinkAbout01 - B Candy Minor Use Permit�,EwroR T 04 d� F U $ s� COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644-3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 11, 2012 Agenda Item 1 SUBJECT: B Candy - PA2011 -200 3100 E. Coast Highway Use Permit No. UP2011 -032 APPLICANT: Robert Linnaus PLANNER: Melinda Whelan, Assisstant Planner (949) 644 -3221 ZONING DISTRICT /GENERAL PLAN Commercial Corridor (CC) /Corridor Commercial (CC) PROJECT SUMMARY A Minor Use Permit application for an ice cream and candy shop (take -out service, limited eating and drinking establishment) with six seats at an ice cream counter within an existing vacant commercial space of approximately 1,513 square feet. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., daily. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Use Permit No. UP2011 -031, subject to findings and conditions (Attachment No. ZA 1). B Candy January 11, 2012 Page 2 DISCUSSION • The project will occupy the 1,531 square -foot ground floor of a two -story 3,481 square -foot commercial building which is currently vacant. The building is located on the northeasterly corner of East Coast Highway and Jasmine Avenue in Corona del Mar. • The proposed use is consistent with the land uses permitted within the Commercial Corridor (CC) Zoning District and the Corridor Commercial (CC) General Plan Land Use Element category. • Per the Zoning Code, approval of a minor use permit is required because the location of the proposed restaurant is located within 500 feet of a residential zoning district. • The proposed project complies with the Zoning Code standards for take -out service, limited eating and drinking establishments, including a maximum of six seats for patrons. • The ground floor of the commercial building is 1,531 square feet and the second floor is 1,968 square feet. The second floor was previously occupied by a Curves gym however, it is currently vacant. Per the Zoning Code, the proposed use on the ground floor requires 1 parking space per 250 square -feet of gross floor area, or six spaces. There are 14 parking spaces provided on -site for the entire building. Therefore, six spaces are provided for the ground floor and eight (1 per 250 - square -feet of gross floor area) remain for the second floor. • Staff believes the project is compatible with existing and allowed uses within the area which include various retail and visitor commercial uses such as restaurants and take -out services; general office, and residential. The project has been conditioned so that the potential for negative impacts from its operation is minimized. ENVIRONMENTAL REVIEW The project qualifies for a Class 1 (Existing Facilities) categorical exemption of the California Environmental Quality Act because it involves interior alterations to convert a currently vacant commercial space to a take -out service limited, eating and drinking establishment. PUBLIC NOTICE Notice of this application was 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 prior to the decision date, consistent with the provisions of the Municipal Code. B Candy January 11, 2012 Page 3 APPEAL PERIOD Minor Use Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Submitted by: Melinda Whelan, Assistant tanner GBR/msw Attachments: ZA 1 Draft Zoning Administrator Resolution No. _ ZA 2 Vicinity Map ZA 3 Plans Attachment No. ZA 1 Draft Zoning Administrator Resolution No. _ RESOLUTION NO. ## ## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING MINOR USE PERMIT NO. UP2011 -032 FOR B CANDY, A TAKE -OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3100 EAST COAST HIGHWAY (PA2011 -200) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Robert Linnaus, with respect to property located at 3100 East Coast Highway, and legally described as PCL 1, Resub 0796 requesting approval of a Minor Use Permit. 2. The applicant proposes a Minor Use Permit to convert 1,513 square feet of commercial space to a take -out service, limited eating and drinking establishment, which will consist of a retail area and six seats at an ice cream bar. The requested hours of operation are 10:00 a.m. and 10:00 p.m., daily. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 11, 2012, 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to convert currently vacant commercial space to a take -out service, limited eating and drinking establishment. The existing space will be remodeled with approval of a tenant improvement building permit. Zoning Administrator Resolution No. Page 2 of 7 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 General Plan land use designation for this site is CC (Corridor Commercial). The CC provides for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed ice cream and candy shop is consistent with this land use category. 2. Take -out service limited, eating and drinking establishments are common in the vicinity and along the Corona del Mar commercial corridor. They are frequented by the surrounding businesses, travelers that visit the City, and residents of the City. 3. The ice cream and candy shop will contribute to the revitalization of the commercial corridor and is consistent with the goal of pedestrian friendly businesses. 4. 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 The site is located in the Commercial Corridor (CC) Zoning District. The ice cream and candy shop, which includes seating for six customers and a kitchen, is allowed subject to the approval of a Minor Use Permit in the CC Zoning District. 2. The ground floor of the commercial building is 1,531 square feet and the second floor is 1,968 square feet. The second floor was previously occupied by a Curves gym however, it is currently vacant. Per the Zoning Code, the proposed use on the ground floor requires 1 parking space per 250 square -feet of gross floor area, or six spaces. There are 14 parking spaces provided on -site for the Tmplt: 03/08111 Zoning Administrator Resolution No. Page 3 of 7 entire building. Therefore, six spaces are provided for the ground floor and eight (1 per 250 - square -feet of gross floor area) remain for the second floor. 3. The proposed use will comply with all applicable development standards including those specific for the take -out service, limited eating and drinking use classification including a maximum of six seats. 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 hours of operation will be from 10:00 a.m. to 10:00 p.m. daily. This will provide a dessert stop for pedestrians and visitors to the area while still closing at an early hour to minimize disturbances to nearby residences. 2. In addition to the residential neighborhood located north and south of Coast Highway, the surrounding commercial corridor contains various retail and visitor commercial uses including restaurants and take -out eating establishments, as well as general office uses. The proposed establishment is compatible with the existing and permitted 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 The interior tenant space will be improved with the appropriate plumbing and utilities. 2. The existing parking lot provides adequate circulation and parking spaces for patrons. 3. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing tenant space. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Tmplt: 03/08111 Zoning Administrator Resolution No. Page 4 of 7 Facts in Support of Finding 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 hours of operation are reasonable and consistent with the neighborhood. 2. The take -out service limited, eating and drinking establishment will serve the surrounding commercial and residential community. 3. The applicant will obtain Health Department approval. The establishment will comply with the California Building Code and to ensure the safety and welfare of customers and employees within the establishment. 4. The applicant is required to control trash and litter around the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No. UP2011 -032, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Minor Use Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JANUARY, 2012. am Brenda Wisneski, AICP, Zoning Administrator Tmplt: 03/08111 Zoning Administrator Resolution No. Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator should they 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. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. Minor Use Permit No. UP2011 -032 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 9. A copy of these conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of building permits, any applicable Fair Share Traffic Contribution Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. Tmplt: 03/08111 Zoning Administrator Resolution No. Page 6 of 7 11. The take -out service, limited eating and drinking establishment shall be limited to six seats. 12. The hours of operation for the eating and drinking establishment are limited from 10:00 a.m. to 10:00 p.m., daily. 13. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Manager and Public Works Director in conjunction with the approval of an alternate drainage plan. 14. No outside paging system shall be utilized in conjunction with this establishment. 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this use permit. 16. 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 B Candy including, but not limited to Use Permit No. UP2011 -032 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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 the City's costs, attomeys' fees, and damages which the 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. Building Division and Fire Department Conditions 17. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 18. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. Tmplt: 03/08111 Zoning Administrator Resolution No. Page 7 of 7 19. The construction plans must meet all applicable State Disabilities Access requirements. 20. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 21. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Department Conditions 22. County Sanitation District fees shall be paid prior to the issuance of any building permits. 23. New and existing fire services, when required by the Fire Department, shall be protected by a University of Southern California approved double check detector assemble and installed per STD - 517 -L. 24. All new and existing commercial water meter(s) shall be protected by a University of Southern California approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 25. Any changes to the existing parking lot design require review and approval from the Public Works Department. 26. Prior to the issuance of building permits permits the applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand, if applicable. 27. New water services shall be installed per STD -502 -L or STD - 503 -L, depending on the size. 28. Landscaping lines shall be protected by a dedicated University of Southern California approved reduced pressure backflow assembly. 29. New and existing sewer lateral shall have a cleanout installed per STD - 406 -L. Tmplt: 03/08111 Attachment No. ZA 2 Vicinity Map VICINITY MAP 3100 East Coast Highway B Candy PA2011 -200 for U P2011 -032 Attachment No. ZA 3 Plans �4 NORTH 2 N FLOOR PLAN Y OTES - STEP M FLOOR P FLOOR PLAN 1 MWING 1n ROCK TENANT SPACE TOM REMODELED 2 EXISTING STAIR 3 "GENG CONCRETE PAVED PARKING AREA d EASENNOCONCREIE SIDEVMLK C E05TING CONCRETECURR 0 FXIBTNO WATEWSHETER OLX ] E%ISIING WAETFUEA M B EXISTING ELEL]RICRLMEIERAND ELECTWG1L 51NTCH GEAR 9 EWS]IXG TRASH EENCLOSURE SCR 1R EXISTING TMDINGSP CE. 10 0 EXISTING CONUAC8PACE: 10'-0'WIDEXIB'tl DEEP 11 12 EgSTXOTA-CF3i PARWN09PgCFR ]'b'Y/OEX I6'-0'OEEP' TOHALDFSSPACE9 1S EXISTIN ED.' HANDICAP PARKING WIDE %18'-0'DEEP WIFHLL WE RANGING SPACES,fEQ'OZONE 16 E%1811HOALO 9SPACEWNG BPAGES9' -0'WIOEX18tp DEEP: TOAL OF9A'EARE 15 EWSTINGLgNO$LAPEORFA 13 LWEOF Y°FLOORAeOVESHGWNMSHEO 1] EXISTINGBIbOLKWALLATPROPERTYLINE 1R EXTREME2 FLCORTENANTSPgCE 19 ENSTXG RC 1 A CLOSET 20 EXISTING ROTE ACCESSIADOER 21 EXISTING WgTpY NEATER SITE PLAN / 1sT FLOOR PLAN PA2011.200 for UP2011 -032 3100 East Coast Highway PROPERTY OWNER: Grace Pee 1601 AV ,, S. DIE NewpwlieQ 23CA93830 IVxme: R161 aeR11511 Emtl: 0 areoettl5abaneemm TENANT: Bleed, Velde2 B Card, 3100 ESSI CCDXl H19SORy, Suite:A Corona Del Mar. CA 92625 LEGAL DESCRIPTION° TRACT NO BLOCKING. LOTNO- AP. NO.: LIST OF OMMMOS: SHEET NO.: DRAWING: 1 &TEPIANII ^FLO0RPLW,2°FLOORPIAM WCI MNIAP 2 FLOOR RAN BUILDING DATA: CONSTRUONONTYPE VS NOHSPRINATEO OCCUPANCY: B NUMBEROFFLOORS'. 2 AREA CALCULATIONS: SOEARFA Q000.0 BE FLOOR: NETMEA GROSHAAEA E%ISTINGI°FLOMAREA: 3iSASF IAD3USF ENBTING2n FLORPRFA: 1.SR0 BE ].UW.OSF TOTAL EXISTING FLWR AREA: 3.6LDRIF 3,fi0008F NOTES:. A: ALLXEWCUNSTRUCTN)N SHOWN ON PEARS SHALLCOMPLYWIIH THE2010EORIONOF TXECB0,71HE2010CMC,THEXROCEC. ANDTHE2010CEC: WBSN.=20NI WTERNATIONALGAMINGCOVESTANDARD- T= TABLE :ICBO= WTERMTIONALCONEEREHCE OF WILDINGOFFICALS BE TMEDIWIRARGE OF POLLUTANTBTOANYWORM CHAIN SYSTFMIS PROHIN}EA. X080,10 WASTE. PETROLEUM BYPRODUCTS. SOIL PARTICULATE ,CONSTRUCTIOXWASTENATERIAIS. OR VMSTEWATER GENERATED ON CONSTRVCTNNI SITESOR BYCQV8IRUCTION ACETATES SMALL BE PLACED. CONVEYED OR DISCHARGED INTO STREET. GUTTER OR STORM DRAIN SYSFEMA SCOPE OF WORK: Q TENANT IMPROVEMENT: Q REMODEL EX ISTING I"FLOORTENANTSPACE WTOATAWOUT ICECREW, PASTRY. CHCCOLATEANDCANDYSTORE 0 AOOA 0 CNE ORYFOODSTGMGEAREA II THREE COMPAN'DAENT"HAND MOP SINK Q REFRIGERATOR, FREEZERS AND ME OVEN II ADOAFRq?COUMFA'MTH. Q ICREAM DIP PING CABINET. PASTRY AND CHOCOLATE OiSTLAY GeINET8 Q SEATING AT FRONT COUNTER FOR SIX N ADDABACKCOUMERWTHE Q SOM DISPENSER. BLENDERS, HOT FDDGE AND COFFEE MAKER Q REMODEL ONE THIRD OF THE EQWWO LEASE SPACE INTO CANDY OISPI PARKING REQUIREMENTS: PARKING REQUIRED: NET WILIONG AREA 12605E PER PARKING SPACE INS) BE FREE DID KDINO AREA) -60 14 SPACES PARKING PROVIDED: FULL NNE PARKING SPACES:SLMe X 10' -0' OF" : -SPACES COMPACT PARKING SPACES: TB° FACED %IB' -0' DEEP: 33PACE8 LOADING SPACE: 19tl FACE X 10'-0' DEEP, 1 SPACE INXDIMP ACCESMBLE PARgNG SPACE 1-PACE TOTAL NUMBER OF 8PACEZ PRONOEO: 16SPACE- Ju♦ T U C U � m y � TO A N C n Q 0 �U Na cV.4 E oS q 0 2 d _ Eau No U e' N C N' A W d o .ria.Y %{'O, fwmu Yw des ao. } � ' 4, I FKM 6P' OF La 4 p � j � �kA pt k e"a 2 .. Cw vD Ma Mah BesN PO VICINITY MAP P P. 1 MswHPeM1 P (D Pao t HoEdLTlev♦w d�SF 'yam x.. °` � TPPW�lmpmeaal F e ba'r.V Af TA wy LMmw p A dg 4 r QXv n.m °II v p A dg U� FLOOR PLAN SCALE Y.' =1'RY i FLOOR PLAN KEY NO 1 E%ISTM EXTERIOR WALLS WMDOWS AM GOOFS 3 EXISTING STAIRSTO E%ISNNG Y' FLOOR TENANT SPACES 3 EXIMING ELECTRICN METER AND ELECTRICAL SWITCH GEM X EXISTING STAIR WITH TWO RISERS 6 E49TIM HMDICP➢ACCE681BLE REST ROOMS 8 EXISTING TRASH ENCLOSURE I E,81M PARKING SPACES. SEE SUE PLAN B HEW INTERIOR NONBEARING PMTITIOIC ONE LAYER OF W GYPSUM BOARD OVER S5W' METAL STUDS G lw ON CI D NEW BOIL-IN FRONT COURTER:31° HIGH ABOVE FINISH FLOOR 1I NEWFIILTHN BAR TYPE SEATING COUMER'.-HIGH ABOVEI 11 NOF FIXED 6W STOOLS: TOTAL OE 31 %STOOLS 13 NFVBUILT- IHBACKWUNTER 13 NMORYFOODSESHELVES 1< FOWW HEWEMPLOYEELOCKERS 16 NEW MOP SINK IN NEW BURAN CABINET 18 NEW THREE COMPARTMENT SINK 7 NEWWORKTABLE IB NFVICREAMMAIO:R IB NEWBLASFFREEZER M REWREACM IN REFRIGERATOR 31 NEW REACH IN FREEZER 33 NEWWNLMOUNTHMDSIIX 33 NEWICECREA ADIPPIMCARINETWRNNEWGIPPERWELL ZI NEWREPHOERATOREDOMMAYCARE 26 NEW !.E000LER v NEWRFACHiHFREEZPRWIDISPENS RCMI 2T NEW SULNCA)SPLky SHELVE ISPEHBEA CMINET 28 NEWCMLAYTA LE SHELVES YB NEW COUNTER Sl NEW INTERIM ABOVE WHI R00R 31 NEW INTERIOR DOOR: W WIGS %BP NIGH SY NEW FRONT COUNTER DATE. SIT WDEXE1- WITH HIGH BBPMEL J3 NEW SAKEO OUNTFR MTE:30'WIDE %N'HIOH 31 NEW LOCAOVEN 33 HFV LOCATIIXI OF TELEPHONE PANEL. SET INNEW WALL MOL T U a c U S m y � N � l0 C (1) o omIU C• Na U da0& E 0 E E� o 0.0 119 UIS U C m N W C � C3 RobellWmm sA..INi.m ARMbmr. FM®Im imulLmplolLmenl ....oLDNLDn ..00wuL.o+ SHEET NO - z