Loading...
HomeMy WebLinkAboutPA2023-0035_20230427_Resolution_ZA2023-029Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 28, 2023 Matthew Gummow 31026 Aliso Circle Laguna Beach, CA 92651 matt@alderjames.com Subject: PA2023-0035 3500 East Coast Highway, Suite 130 Gelato Del Mar Dear Mr. Gummow, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on April 27, 2023 and effective on May 12, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, CC/oo cc: Peter Klebanoff 110 Innovation Drive Irvine, CA 92617 peter@gelatocdm.com RESOLUTION NO. ZA2023-029 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A TAKE-OUT SERVICE, LIMITED EATING AND DRINKING ESTABLISHMENT LOCATED AT 3500 EAST COAST HIGHWAY, SUITE 130 (PA2023-0035) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Matthew Gummow, with respect to property located at 3500 East Coast Highway, Suite 130, and legally described as Lot 1, Block U, Tract 323, requesting approval of a Minor Use Permit. 2. The applicant requests a minor use permit to allow a gelato shop (take-out service, limited) into an existing 610-square-foot vacant commercial tenant space. There is no seating proposed. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application. 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 April 27, 2023, online via Zoom. A notice of time, place and purpose of the hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2023-029 Page 2 of 8 10-18-21 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as Corridor Commercial (CC), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed project is designed to serve residents and visitors in the area. 2. The proposed take-out service, limited eating and drinking establishment would be complementary to the surrounding commercial and residential uses. 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. A gelato shop (take out service, limited) is permitted with the approval of a minor use permit in the CC zoning district. A minor use permit is required due to its location within 500-feet of a residential zoning district. In this case, the closest residentially zoned property is located across the 14-foot-wide alley to the northeast on Narcissus Avenue. 2. The subject property is legal, nonconforming due to having no parking available on- site. NBMC Section 20.40.040 (Off-Street Parking Spaces) requires off-street parking at a rate of one space per 250 square feet of gross floor area for take-out, limited land uses. The proposed gelato shop is in a vacant tenant space that was previously occupied by an art gallery which has the same parking requirement. Therefore, no intensification or enlargement is proposed and no additional parking is required. 3. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments, including those specific to the take-out service limited use classification, which includes a maximum of six (6) seats. 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. ZA2023-029 Page 3 of 8 10-18-21 Facts in Support of Finding: 1. The proposed establishment is compatible with the existing and allowed uses in the area, which consist of commercial and residential uses including retail sales, personal services, restaurants, offices, and residential uses. The subject property is located among other commercial uses along East Coast Highway with residential uses located behind the commercial uses. 2. The proposed project includes an interior remodel at the tenant space. The tenant space is 610-square-feet in gross floor area with 150-square-feet proposed as net public (customer serving) area. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area, thereby preventing any odor or related issues for the nearby residential and commercial uses. 3. Parking at the subject property is legal nonconforming as there is no parking available on-site. The proposed gelato shop (take-out, limited) is replacing an art gallery which shares the same parking requirement; therefore, no additional parking is required. 4. As conditioned, the allowed hours of operation will be 10:00 a.m. to 9:00 p.m. daily, which will minimize any disturbance to residences near the property. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The lot is 5,750-square-feet in area, rectangular in shape, and located in a commercial area. The site has street access along East Coast Highway and Narcissus Avenue, alley access at the rear of the lot, and pedestrian access from the front along East Coast Highway. 2. The Fire Department reviewed the project and site to ensure adequate public and emergency vehicle access is provided. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise Zoning Administrator Resolution No. ZA2023-029 Page 4 of 8 10-18-21 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 proposed take-out service, limited, eating and drinking establishment will add additional take-out options to the neighborhood and provide an economic opportunity for the property owner to update the tenant space and provide additional services to residents and visitors. 2. The proposed use includes limited hours, no alcohol service, and there is no increased parking demand. Based upon the Zoning Code requirements, the proposed use will not result in a detriment to the surrounding community. 3. Adequate trash storage facilities for the commercial tenant are provided in an enclosed area, thereby preventing any odor or related issues for nearby properties. 4. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 5. The applicant is required to obtain Health Department approval prior to opening for business, and to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under Section 15301 under class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit PA2023-0035, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this 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. Zoning Administrator Resolution No. ZA2023-029 Page 5 of 8 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF APRIL 2023. Zoning Administrator Resolution No. ZA2023-029 Page 6 of 8 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. This approval shall expire and become void unless exercised within twenty-four (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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Minor Use Permit. 5. 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 7. 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. 8. 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. 9. 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. 10. The hours of operation for the establishment shall be limited to 10:00 a.m. to 9:00 p.m., daily. Zoning Administrator Resolution No. ZA2023-029 Page 7 of 8 10-18-21 11. The sale, service, or consumption of alcohol shall not be permitted. 12. The maximum number of seats allowed shall be six (6). No outdoor seating is permitted. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 15. 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). 16. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of- way. 17. 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 Minor Use Permit. 18. 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. 19. 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. 20. 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, 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. 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 Zoning Administrator Resolution No. ZA2023-029 Page 8 of 8 10-18-21 or indirectly) to City’s approval of the Gelato Del Mar Minor Use Permit including, but not limited to, PA2023-0035. 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.