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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
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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.
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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
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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.
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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.
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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.
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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-
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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
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