HomeMy WebLinkAbout06_Gelato Del Mar Minor Use Permit_PA2023-0035CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 27, 2023
Agenda Item No. 6
SUBJECT: Gelato Del Mar (PA2023-0035)
▪Minor Use Permit
SITE LOCATION: 3500 East Coast Highway, Suite 130
APPLICANT: Matthew James Gummow
OWNER: HIG CDM LLC
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219, oorozco@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
•Zone: CC (Commercial Corridor)
•General Plan: CC (Corridor Commercial)
PROJECT SUMMARY
A minor use permit application 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.
RECOMMENDATION
1)Conduct a public hearing; and
2)Find this project 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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit
(Attachment No. ZA 1).
DISCUSSION
•The proposed gelato shop is located in Corona del Mar at the northeast corner of
East Coast Highway and Narcissus Avenue. Corona del Mar is primarily developed
with single- and two (2)-unit residential uses with commercial uses along East Coast
Highway. Nearby uses include restaurants, banks, salons, and retail stores, and
residential uses across the alley.
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Gelato Del Mar Minor Use Permit (PA2023-0035)
Zoning Administrator, April 27, 2023
Page 2
•The subject property is located in the Corridor Commercial (CC) Zoning District,
which is intended to provide for areas appropriate for a range of neighborhood-
serving retail and service uses along street frontages that are located and designed
to foster pedestrian activity. A take-out service, limited eating and drinking
establishment use is consistent with this designation as it will serve residents,
employees, and visitors to the area.
•The anticipated hours of operation are 1:00 p.m. to 8:00 p.m., Tuesday through
Wednesday, 1:00 p.m. to 9:00 p.m., Thursday through Saturday, and 1:00 p.m. to
8:00 p.m. on Sundays. Staff recommends a condition of approval limiting the hours
of operation to between 10:00 a.m. and 9:00 p.m., daily, to allow more operational
flexibility in the future while maintaining no late hours.
•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.
•The site was previously developed with a nonconforming building that exceeded the
allowed floor area and provided no on-site parking. In 2015, the building was
demolished, and the site was developed with a multi-tenant commercial building with
no parking pursuant to Section 20.38.040 (Nonconforming Structures) that allows
existing nonconforming, nonresidential structures within Corona del Mar to be
demolished and reconstructed to their preexisting height and floor area provided
there is no loss of existing parking.
•The subject property is legal, nonconforming due to having no parking available on-
site. Newport Beach Municipal Code (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 takeout, 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.
•The existing tenants include offices on the second floor, and offices and retail on the
first floor. The tenant space has pedestrian access from the front along East Coast
Highway. The tenant space is 610 square feet in gross floor area with 150 square
feet proposed as net public (customer serving) area.
•The proposal complies with Zoning Code standards for a take-out service, limited,
eating and drinking establishment, including the condition not to exceed a maximum
of six seats.
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Gelato Del Mar Minor Use Permit (PA2023-0035)
Zoning Administrator, April 27, 2023
Page 3
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Section 15301 under Class 1 (Existing
Facilities).
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The subject application is for a new use with no expansion of the existing
commercial use at the site.
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 Community Development Director 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:
CC/oo
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-####
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:
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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.
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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
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Zoning Administrator Resolution No. ZA2023-####
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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 approves Minor Use
Permit PA2023-0035, 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 27TH DAY OF APRIL 2023.
_______________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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.
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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
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Zoning Administrator Resolution No. ZA2023-####
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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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit
PA2023-0035
3500 East Coast Highway, Suite 130
Subject Property
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Attachment No. ZA 3
Project Description
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31026 Aliso Circle
Laguna Beach, California 92651
949-529-9070
www.alderjames.com
February 9, 2023
Ben Zbeda
Principal Planner
City of Newport Beach Planning Department
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr. Zbeda,
The proposed project is a 610 square foot tenant improvement Gelato take-out establishment
within an existing shell building at 3500 E Coast Hwy in Corona Del Mar.
We trust staff and the Commission will agree with our findings (Section 20.52.020 F) that;
1. The intended use is consistent with the General Plan for the CC Commercial Corridor zoning
district, intended to provide a wide variety of neighborhood-serving retail and service uses
along street frontages and foster pedestrian activity.
2. The use is allowable within the CC Commercial Corridor zoning district under a Minor Use
Permit (Table 2-5 NBMC 20.20.020 - within 500 feet of a residential zone) and it complies
with all other applicable provisions of the Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity. The proposed Gelato shop fits within an existing shell, built and
approved recently and appropriately in size and scale. The design and operation support
vibrant pedestrian activity and is highly compatible with the adjacent uses in the area
which include restaurants, cafes, retail stores, and professional services, and offices.
4. The site, located directly adjacent to two major public right-of-ways within the vibrant CDM
commercial core with well established infrastructure, is physically suitable in terms of
design, location, shape, size, operating characteristics, and the provision of public and
vehicle access and public services and utilities.
5. Operation of the small Gelato shop at this location 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, safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
The proposed project is a tenant improvement within an existing building. No expansion of floor
area is proposed. The following pertinent characteristics describe the proposed use in detail:
Use:Gelato Take-out Service - Limited (no late hours)
Parking:Public on street - 7 spaces curbside directly adjacent
Number of Employees:3 to 4 part-time
Number of Seats:0 - Take out only
Hours of Operation:Mon: Closed
Tue-Wed: 1pm-8pm
Th-Sat: 1pm-9pm
Sun: 1pm-8pm
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31026 Aliso Circle
Laguna Beach, California 92651
949-529-9070
www.alderjames.com
We appreciate your review and consideration of the proposed project and trust you will find it
meets with the City’s own goals for the district and would be a welcome addition to the fabric of the
neighborhood. I am readily available, should you like to request any clarifications.
Sincerely,
Matthew James Gummow, NCARB
Principal Architect
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Attachment No. ZA 4
Project Plans
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