HomeMy WebLinkAbout05 - Smallcakes Cupcakery Minor Use Permit o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 16, 2015
Agenda Item No. 5
SUBJECT: Smallcakes Cupcakery MUP - (PA2015-099)
208 Marine Avenue
• Minor Use Permit No. UP2015-026
APPLICANT: John Hartwig
OWNER: Charles Lehman
PLANNER: Benjamin M. Zdeba, AICP, Assistant Planner
(949) 644-3253, bzdeba@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: MU-W2 (Mixed-Use Water Related)
• General Plan: MU-W2 (Mixed-Use Water Related)
PROJECT SUMMARY
A minor use permit for a take-out service, limited eating and drinking establishment. The
operation will be split between two buildings with the front building serving as a retail
storefront for the baked goods and the first floor of the rear building serving as a
commercial kitchen to prepare the baked goods for sale. The front retail storefront will
maintain a maximum of six seats. Late hours (after 11 :00 p.m.) are not proposed as part
of this application.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2015- approving Minor Use
Permit No. UP2015-026 (Attachment No. ZA 1).
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Smallcakes Cupcakery MUP
Zoning Administrator, July 16, 2015
Page 2
DISCUSSION
• The subject property is located on the easterly side of Marine Avenue between Park
Avenue and Balboa Avenue on Balboa Island (See vicinity map provided as
Attachment No. ZA 2). The lot is 30 feet by 75 feet (2,250 square feet in area).
• The lot was developed in the 1940s with two commercial tenant spaces on the
ground floor fronting Marine Avenue and a two-story residential structure at the rear.
Since the original development, the ground floor residential unit was converted to a
commercial tenant space and was most recently used as commercial office and
storage. The proposed use will conduct all baking and preparation within the rear
commercial space (approximately 624 square feet of gross floor area) and all retail
sales and consumption of goods will occur within the southerly ground floor tenant
space (approximately 447 square feet of gross floor area) at the front.
• A take-out service, limited eating and drinking establishment use is allowed with the
approval of a minor use permit pursuant to Section 20.22.020 (Mixed-Use Zoning
Districts Land Uses and Permit Requirements) of the Zoning Code.
• The proposed hours of operation are from 9:00 a.m. to 9:00 p.m., daily.
• The sale and service of alcohol is not proposed as part of the project.
• The project is compatible with existing and allowed uses within the vicinity. Nearby
uses include restaurants, a post office, a coffee shop, candy and dessert
establishments, and retail sales.
• The parking is nonconforming as the site does not provide any off-street parking.
The change of use from retail sales to take-out service, limited eating and drinking
establishment does not result in a change or increase of the parking requirement (1
space per 250 square feet of gross floor area) and is, therefore, allowed pursuant to
Zoning Code Section 20.38.060(B)(1) (Nonconforming Parking — Nonresidential —
Change of use).
• As demonstrated in the attached draft resolution, staff believes the proposed project
meets the requirements of the Zoning Code and the findings for approval can be
made.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities) which exempts
minor alterations to existing facilities involving negligible expansion of use. The change of
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Smallcakes Cupcakery MUP
Zoning Administrator, July 16, 2015
Page 3
use from commercial office/storage and retail sales to a take-out service, limited eating
and drinking establishment is a negligible expansion of use.
PUBLIC NOTICE
Notice of this application 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 hearing, 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.
APPEAL PERIOD
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
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EtgorhnpAdeba, AICP
Assistant Pfanner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant's Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-026 FOR A TAKE-OUT SERVICE, LIMITED EATING
AND DRINKING ESTABLISHMENT LOCATED AT 208 MARINE
AVENUE (PA2015-099)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Hartwig, with respect to property located at 208 Marine
Avenue, and legally described as Lot 5 in Block 11, Section 4, Balboa Island, in the City
of Newport Beach, County of Orange, State of California, as per map recorded in Book 7,
Page 37, of Miscellaneous Maps, Records of said County, requesting approval of a minor
use permit.
2. The applicant proposes a take-out service, limited eating and drinking establishment. The
operation will be split between two buildings with the one-story front building serving as a
retail storefront for the baked goods and the first floor of the rear building serving as a
commercial kitchen to prepare the baked goods for sale. The front retail storefront will
maintain a maximum of six seats. Late hours (after 11:00 p.m.) are not proposed as part
of this application
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 July 16, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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 pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 — Existing
Facilities.
2. The Class 1 exemption includes minor alterations to existing facilities involving negligible
expansion of use. The change of use from commercial office/storage and retail sales to a
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Zoning Administrator Resolution No. ZA2015-
Page 2 of 7
take-out service, limited eating and drinking establishment is a negligible expansion of
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:
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
proposed project is consistent with the MU-W2 designation inasmuch as it is a
commercial use on the ground floor that will provide a service to residents and visitors
in the area.
2. Eating and drinking establishment uses are prevalent in the vicinity along Marine
Avenue and are frequented by both visitors and residents. As conditioned, the
establishment will be 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. The subject property is located in the MU-W2 Zoning District, which is intended to
provide for commercial development near the bay while integrating residential
development on the upper floors. The proposed project is consistent with the intent of
this district as it will maintain the residential unit above while utilizing two ground floor
tenant spaces as a commercial use which will provide a service to residents and
visitors in the area.
2. A take-out service, limited eating and drinking establishment use is allowed with the
approval of a minor use permit pursuant to Section 20.22.020 (Mixed-Use Zoning
Districts Land Uses and Permit Requirements) of the Zoning Code.
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Zoning Administrator Resolution No. ZA2015-
Page 3 of 7
3. Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required),
take-out service, limited eating and drinking establishment 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 change of use from
commercial office/storage and retail sales does not 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.
Facts in Support of Finding:
1. The proposed project is located within a mixed-use zoning district with residential and
commercial uses nearby. The operational characteristics are that of a take-out service,
limited eating and drinking establishment and not of a bar, or nightclub.
2. The combined gross floor area of the two ground floor spaces proposed to be used for
the operation is approximately 1,071 square feet. The proposed seating area is
approximately 120 square feet in area.
3. As proposed and conditioned, the hours of operation will be from 9:00 a.m. to 9:00 p.m.,
daily.
4. As proposed and conditioned, there will be no sales and/or service of alcoholic
beverages.
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 30 feet by 75 feet (2,250 square feet in area) and was developed in
the 1940s with two commercial tenant spaces on the ground floor fronting Marine
Avenue and a two-story, two-unit residential structure at the rear. Since its original
development, the ground floor residential unit has been converted to a commercial
tenant space.
2. The subject lot is fronting a public street and also has alley access. The existing
building has functioned effectively with the current configuration.
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Zoning Administrator Resolution No. ZA2015-
Page 4of7
Findinq:
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 number of seats and stand-up counter space will help 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 9:00 a.m. to 9:00 p.m., daily, which will help to eliminate
any late-night noise impacts on the neighboring residential uses.
3. The proposed 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 commercial uses on Marine Avenue.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-026, 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 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JULY, 2015.
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Zoning Administrator Resolution No. ZA2015-
Page 5 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved floor plans
stamped and dated with the date of this approval. (Except as modified 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. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined 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.
5. The hours of operation shall be limited to between the hours of 9:00 a.m. and 9:00
p.m., daily.
6. The total number of seats and/or stand-up counter space or any combination thereof
shall be limited to six (6).
7. The rear commercial unit shall only be used for baking and preparation and shall not
contain any seats for use by patrons of the establishment.
8. There shall be no sales and/or service of alcohol permitted unless a new use permit is
approved.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and may
require an amendment to this Minor Use Permit or the processing of a new use permit.
10. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Minor Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only
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Zoning Administrator Resolution No. ZA2015-
Page 6 of 7
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Minor Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
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. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts the hours of noise-generating construction activities
that produce noise between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction
activities are not allowed on Sundays or Holidays.
14. No outside paging system shall be utilized in conjunction with this establishment.
15. All trash shall be stored within the building or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
16. 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.
17. The applicant shall ensure that the trash receptacles are maintained to control odors.
18. 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 Director of
Community Development, and may require an amendment to this Use Permit.
19. Storage outside of the building in the front or at the rear of the property shall be
prohibited.
20. A Special Events 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, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permit.
21. 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 20 Planning and Zoning of the Newport Beach
Municipal Code.
22. 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,
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Zoning Administrator Resolution No. ZA2015-
Page 7 of 7
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 Smallcakes Cupcakery MUP including, but not
limited to, Minor Use Permit No. UP2015-026 (PA2015-099). 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.
Building Division
23. 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 construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
Public Works
24. New and existing sewer laterals shall have a cleanout installed per City Standard STD-
406-L.
25. New and existing commercial water meter(s) shall be protected by a City approved
reduced pressure backflow assembly and installed per City Standard STD-520-L-A.
26. New and existing fire services, when required by the Fire Department, shall be
protected by a City approved double check detector assembly and installed per City
Standard STD-517-L.
27. The applicant shall be responsible for all upgrades to the City's utilities as required to
fulfill the project's demand as applicable.
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Attachment No. ZA 2
Vicinity Map
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Attachment No. ZA 3
Applicant's Project Description
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Small Cakes &Cupcakery
208 Marine Ave
Newport Beach
CA 161h May 2015
Statement describing proposed project for above
The project is to bake and sell an all-new, exciting concept of cupcakes to the
general passing public.There is no onsite parking and we will rely on the heavy foot
traffic Balboa Island enjoys. The shop is designed to give people a feeling of fun and
relaxation as they enter the door. The concept has been tested in similar resorts and
areas in the USA and has achieved fantastic results. It is a family experience and is
guaranteed to be a winner on Balboa Island. Smallcakes will bring joy to the Island
for many years to come.
The shop will be very neatly and attractively decorated and laid out. The idea is
anyone who enters the shop will have an enjoyable experience as they choose their
cupcake from the 11 flavor options we will provide.All tried and tested at the other
Smallcakes locations. The project is simple, clean and appeals to all ages.
All the cakes will be baked on site. No hood is required for the oven because it is an
electric vented oven. The baking process is as follows: no raw products (egg, butter
etc). The product is a mix and add water (box mix). All the cake mix and frostings
are shelf stable and do not require refrigeration.
The shop will also be offering cold drinks, coffees and a range of small gifts and
greetings cards. A perfect location to visit for birthdays and party events. The locals
are sure to have a wonderful time!
The hours of operation will be 9am to 9pm 7 days a week It will have 3 managers
covering 3 x 4 hour shifts a day. Each manager will have 2 members of staff
working with them. Total staff will be 9 people. We will have three 2ft tables each
with 2 chairs for the customers who feel it would be good to sit and enjoy their cake
with a coffee in a relaxing and comfortable environment.
The total area used for the shop and preparation area is 1785 square foot. The shop
requires no landscaping.
Smallcakes,America's favorite neighborhood cupcakery, is expanding around the
globe through franchising. Response has been phenomenal! Currently, there are
Smallcakes franchises in 17 states and we have locations
internationally. Thousands of Smallcakes cupcakes sell weekly at each franchise
location.
Smallcakes became well-known and in hot demand across the nation after owner
21
Jeff Martin made appearances on the Food Network's "Cupcake Wars"and the
daytime talk show"The View."
Since then, celebrities have served Smallcakes at their events and weddings. USA
TODAY listed Smallcakes as one of the Top Ten Cupcake Places to try in the country.
Jeff Martin founded the first Smallcakes in July 2009 in Overland Park, KS, offering
18 different made-from-scratch flavors daily as well as special-edition seasonal
flavors.
Smallcakes believes in its slogan of"Maybe a Cupcake Will Help?"and regularly
rewards customers for their cupcake loyalty. Giving back to the community is a core
value that is important to the Smallcakes brand. Smallcakes supports charitable
partners and often proves fresh Smallcakes to events and causes.
Attached please find some samples of how the new Cupcakery will look.
Thank you
_W
John Hartwig
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SMALLCAKES
PRICES
A C U P C A K E R Y
SignatURe FLAVORS
Vanilla cake with our signature pinkF^d Chocolate or vanilla cake with cormel frosting
buttercream frosting topped with sea salt and pretzels
Chocolate cake with our signature pink Chocolate coke , fudge filling, our signature
buttercream frosting buttercream frosting , roosted pecans , hot
fudge, and a cherry on top
Chocolate cake with chocolate butter-
cream topped with chocolate shavingsChocolate cake with peanut butter cream cheese
frosting topped with crumbled Reeses peanut
FWM Vanilla cake with chocolate buttercream butter cups
topped with chocolate shavings
4 Chocolate cake filled with our signature
v buttercream , topped with our signature fudge
Chocolate cake with our signature area3 frosting and a dollop of buttercream
vanilla buttercream topped with oreos
Vanilla cake with buttercream frosting topped
Vanilla cake filled with tangy lemon with sprinkles
topped with our lemon buttercream
Grandma's red velvet cake with our d tom{ e a 93 u F CCL A e Xe
signature cream cheese frostinq
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Attachment No. ZA 4
Project Plans
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PA2015-099 Attachment No. ZA 4 - Project Plans
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John Hartwig
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To: ZONING ADMINISTRATOR
Subject: ADDITIONAL MATERIALS RECEIVED
Zoning Administrator—July 16, 2015
Item No. 5a: Additional Materials Received
Smallcakes Cupcakery Minor Use Permit (PA2015-099)
From: Larry Tucker rmailto:Tucker(>PCenters.coml
Sent: Tuesday, July 07, 2015 11:58 AM
To: Zdeba, Benjamin
Subject: Smallcakes Cupcakery MUP
Hi Ben,
I live on the Grand Canal on Little Balboa Island and received a notice for PA2015-099. I support the application as it will
have no impact on anything other than perhaps my waistline!
Best regards,
Larry Tucker
1