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03 - Sweat Lady Jane Bakery Minor Use Permit_PA2012-138
�EWPOe COMMUNITY DEVELOPMENT DEPARTMENT o � PLANNING DIVISION �� m 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 CgCIFUFN`P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 28, 2012 Agenda Item 3 SUBJECT: Sweet Lady Jane Bakery MUP - (PA2012 -138) 3732 East Coast Highway Minor Use Permit No. UP2012 -024 APPLICANT: SLJ Bakeries, LLC PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644 -3253, bzdeba @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: CC (Commercial Corridor) • General Plan: CC (Corridor Commercial) PROJECT SUMMARY A minor use permit to convert 1,660 square feet of retail space to a food service, eating and drinking establishment, which will have an interior net public area of 280 square feet with 12 seats and an accessory outdoor dining area of 70 square feet with 8 seats. The proposed hours of operation are 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11:00 p.m., Thursday through Saturday. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2012 -024 No. (Attachment No. ZA 1). DISCUSSION • The existing building was constructed in the 1940s as a mixed -use development with 3,837 gross square feet of commercial on the first floor and two small residential units above. 1 2 Sweet Lady Jane Bakery MUP November 28, 2012 Page 2 • The current zoning and land use designation for the property do not permit residential uses; therefore, the two residential units on the second floor are considered a legal nonconforming use and can remain as is under Chapter 20.38 (Nonconforming Uses and Structures). • The property was developed without on -site parking; therefore, it is also legal nonconforming due to parking. • Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. • The entire commercial portion of the building has historically been occupied by John Blom Custom Photography until it recently changed ownership. The ground floor was subsequently divided into two separate commercial suites currently occupied by a palm reader and the Republican headquarters. The parking requirement for the current commercial uses is one parking space per 250 square feet of gross floor area. • The proposed food service, eating and drinking establishment will occupy the current palm reader suite (1,660 square feet) which will be improved to have 1,140 square feet of kitchen and display area. The use will primarily operate as a retail bakery with an accessory cafe component to allow for on -site consumption. In addition to the kitchen and sales area, the suite will have 280 square feet of interior net public area with 12 seats, and 70 square feet of designated, accessory outdoor dining area with 8 seats. Since the accessory outdoor dining area is 25 percent of the interior net public area, no additional parking is required. Late hours and alcohol are not proposed as part of this application. • Staff believes a parking requirement of one parking space per 40 square feet of net public area can be supported. With this ratio, the total number of parking spaces required (280 sq. ft. / 40 sq. ft. = 7 spaces) would be equal to the retail sales parking requirement (1,660 sq. ft. / 250 sq. ft. = 7 spaces) for the tenant suite and there is no intensification or enlargement of use. • This use is allowed in the CC (Commercial Corridor) Zoning District and is similar to other uses in the Corona del Mar area that also lack required parking. These uses typically do not have negative impacts on the surrounding area and provide a service to the residents. TmpIt:07 -31 -12 Sweet Lady Jane Bakery MUP November 28, 2012 Page 3 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 an existing retail space to a food service, eating and drinking establishment. 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 prior to the decision date, 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 or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. Prepared by Be ja i M! eba As ' tant Planner GR/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description and Justification ZA 4 Menu and Product List ZA 5 Project Plans TmpIt:07 -31 -12 4 Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2012 -DRAFT A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -024 FOR SWEET LADY JANE BAKERY, A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3732 EAST COAST HIGHWAY (PA2012 -138) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Scott Laidlaw of LSArchitects on behalf of SLJ Bakeries, LLC, with respect to property located at 3732 East Coast Highway, and legally described as Lot 4, Block 'W', of Tract 323 requesting approval of a minor use permit. 2. The applicant proposes to convert 1,660 square feet of retail space to a food service, eating and drinking establishment, which will have an interior net public area of 280 square feet with 12 seats and an accessory outdoor dining area of 70 square feet with 8 seats. The proposed hours of operation are 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11:00 p.m., Thursday through Saturday. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 28, 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 retail space to a food service, eating and drinking establishment. The existing space will be remodeled with approval of a tenant improvement building permit. 7 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 2 of 9 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), 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 a food service, eating and drinking establishment to be located within an existing retail tenant space. This use is consistent with the General Plan Corridor Commercial (CC) land use designation, which allows these types of uses. 2. This type of use will not only serve the residents within the area, but will also serve visitors and commuters travelling on East Coast Highway. The proposed floor plan is designed such that the cake decorating occurs within the storefront window area in order to draw pedestrian traffic. 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 7a �• The site is located within the Commercial Corridor (CC) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate to a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed food service, eating and drinking establishment is consistent with the land uses permitted within this zoning district and is designed such that it will encourage and draw pedestrian activity. 2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit Requirements), the proposed project requires approval of a minor use permit, because it is located within 500 feet of the residential zoning district located north of the subject site. Late hours and /or alcohol are not proposed. Tmplt: 05/16/2012 N Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 3 of 9 3. The proposed use complies with Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing mixed -use development is considered nonconforming due to parking and use. Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 5. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one parking space for every 30 to 50 square feet of net public area. The proposed project has an interior net public area of 280 square feet with accessory outdoor dining of 70 square feet providing seating for a maximum of 20 customers. One (1) parking space for every 40 square feet of net public area is a reasonable number to require for the proposed use, given the operational characteristics. Based on the interior net public area of the proposed establishment, 7 parking spaces are required (280 sq. ft. / 40 sq. ft. = 7). The accessory outdoor dining is excluded from the parking requirement since it is equal to 25 percent of the interior net public area. 6. The 1,660- square -foot retail space requires 7 parking spaces and the proposed food service, eating and drinking establishment requires 7 parking spaces; therefore, the project complies with Section 20.38.060 (Nonconforming Parking). 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 The proposed project involves interior alterations to convert an existing retail space within a nonconforming mixed -use development to a food service, eating and drinking establishment. 2. The proposed use will provide bakery products for retail sale and will provide seating for a maximum of 20 customers. The operational characteristics of the use are that of a food service, eating and drinking establishment, which is a common use in commercial buildings along East Coast Highway in Corona del Mar. Tmplt: 05/16/2012 I Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 4 of 9 3. The hours of operation of the establishment will be between 7:00 a.m. to 10:00 p.m., Sunday through Wednesday and 7:00 a.m. to 11:00 p.m., Thursday through Saturday. 4. The proposed establishment will be located within an existing nonconforming mixed -use building in a nonresidential zoning district. Although it is located less than 500 feet of a residential district directly to the north (within approximately 25 feet), it is not facing the residential properties and is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and any noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 5. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 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 Su000rt of Findin ,* ,1 -q4WM0 , 1. The building has existed since the 1940s. The conversion of retail space to a food service, eating and drinking establishment will not negatively affect emergency access. The design, size, location, and operating characteristics of the use are compatible with the existing uses within the surrounding area. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding E. Operation of t 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: 05/16/2012 10 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 5 of 9 Facts in Support of Finding 1. The project has been reviewed and this approval includes conditions 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. 2 The restrictions on seating and net public area prevent adverse traffic impacts for the surrounding residential and commercial uses. 3. The proposed food service, eating and drinking establishment will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area. NOW, THEREFORE, BE IT RESOLVE . The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -024, 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 fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER, 2012. Brenda Wisneski, AICP Tmplt: 05/16/2012 j Administrator 11 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 6 of 9 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 Minor Use Permit or the processing of a new use permit. 4. Minor Use Permit No. UP2012 -024 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. 5. 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. e 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. The indoor net public area shall be limited to a maximum of 280 square feet and 12 seats. 10. The outdoor net public area shall be limited to a maximum of 70 square feet and 8 seats. If the adjacent tenant installs seating inside the courtyard area, said seating shall be for exclusive use of the adjacent tenant. Tmplt: 05/16/2012 12 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 7 of 9 11. Prior to the issuance of building permits, improvement plans shall indicate how the outdoor dining area (70 square feet) will be delineated (e.g. paint). 12. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area equaling a total of 7 parking spaces. 13. The hours of operation for the eating and drinking establishment are limited from 7:00 a.m. to 11:00 p.m., daily. 14. 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. 15. No outside paging system shall be utilized in conjunction with this estab Kent. 16. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three 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. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 18. The size, design, and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Division prior to issuance of building permits. 19. 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. 20. 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. 21. 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. 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, Tmplt: 05/16/2012 2� Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 8 of 9 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 Sweet Lady Jane Bakery MUP including, but not limited to Minor Use Permit No. UP2012 -024 (PA2012 -138) 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 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 and Fire Department Conditions 23. 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. 24. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 25. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. 26. The construction plans must meet all applicable State Disabilities Access requirements. 27. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 28. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 29. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 30. All exits shall remain free of obstructions and available for ingress and egress at all times. Tmplt: 05/16/2012 14 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 9 of 9 31. A Type I hood shall be installed at or above all commercial cooking appliances used for commercial purposes that produce grease laden vapors. Each required commercial kitchen exhaust hood and duct system shall be protected with an approved automatic fire - extinguishing system. Public Works Department Conditions 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. An encroachment permit is required for all work activities within the public right -of -way. 34. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 35. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the East Coast Highway frontage. 36. A new sewer cleanout shall be installed on the existing sewer lateral with a traffic - grade box and cover per City Standard STD - 406 -L. Said sewer cleanout shall be located within the public right -of -way. Revenue Department Conditions 37. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Tmplt: 05/16/2012 2J� 10 Attachment No. ZA 2 Vicinity Map 17 12 VICINITY MAP Minor Use Permit No. UP2012 -024 PA2012 -138 3732 East Coast Highway 1-9 20 Attachment No. ZA 3 Applicant's Project Description and Justification 21 22 LSd 1 -C l l l'LC CI: 5 LAIDI AvJ S0-101 I/ 3111 Second Avenue Corona del;,Vu. CA 7262- 2322 C (9,17) 6 Pi 99821: 19491 6- SS -0SS4 %,!: LScvchilecls.com October 4, 2012 Community Development Department Planning Division 3300 Newport Blvd. Newport Beach, CA 92663 www.newportbeachca qov RE: Project Description and Justification for Minor Conditional Use Permit for Sweet Lady Jane at 3732 E. Pacific Coast Hwy, Corona Del Mar As agent representing the ownership of Sweet Lady Jane Fine Desserts, I submit for your review this letter of justification with the attached Minor Conditional Use Permit application. Sweet Lady Jane is a retail storefront for the sale of bakery and patisserie dessert products. Attached is a package that describes in detail the character, look and feel of the company's existing operation /locations as well as the proposed operation for the Corona Del Mar location. As required by Zoning Code, food service within 500 feet of a residential area requires a MCUP. The proposed location at 3732 E. Pacific Coast Hwy is an existing mixed use building with 3,837 gsf of commercial space on the ground floor and (2) living units above located within the CC zone. The previous building owner occupied the ground floor commercial space with a photography studio. The new building owner is currently completing a voluntary accessibility upgrade of the resirooms which will divide the ground floor commercial space into two suites. Sweet Lady Jane will occupy the northerly 1,660 gsf suite as delineated on the attached plans. Sweet Lady Jane will also share use of the existing 500 sf outdoor courtyard. As shown on the attached plan, Sweet Lady Jane will have an interior 280 sf net public area with additional 70 sf of outdoor seating. The area of outdoor seating will be adjacent to the exterior wall of the suite defined by raised planters and allowing for required access /egress to the building. While the existing building has no off - street parking, we do not believe the proposed change in use constitutes an intensification of use from a parking perspective. The previous commercial use required 1 space /250 gsf of use. That would yield (7) spaces for 1660 sf of the previous use. Looking at the proposal for 20 seats, 7spaces x3 seats /parking space = 21 seats with the additional allowance of a 25% increase for outdoor seating bringing the allowable seating to 26. If we analyze it from net public area the 280 sf /40sf per space would require (7) spaces equal to the (7) spaces allocated to the previous use. Practically, there is adequate off - street parking and /or pedestrian access for the proposed use. Based upon the Walker Parking Study from May of 2008, as shown on page 16 of the Parking Policy Plan, the subject block (Block 24) has a peak parking occupancy for weekdays of 46% and weekends of 48 %. It has also been demonstrated in November of 2010 for a very similar use in the vicinity, Roses Bakery Cafe, that 48% of the patrons arrived on foot and another II% by bicycle, further reducing the need for parking. PA2012.138 for UP2012 -024 3732 East Coast Highway SLJ Bakeries LLC 23 Given the attached description of the Sweet Lady Jane business model and proposed operation as well as the above parking analysis, I submit that: 1.) The use is consistent with the General Plan and any applicable specific plan; 2.) The use is allowed within the applicable zoning district and 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; 4.) The site 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; and 5.) Operation of the use at the location would not be detrimental to file harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, heath, interest, safety, or general welfare of persons residing or working in the neighborhood. Therefore, I ask that you review and approve the subject Minor Conditional Use Permit application. Thank you in advance for your review of the application and do not hesitate to contact me with any questions. Sincer y, Scott Laidlaw Laidlaw Schultz Architects cc: Daniel Mafrice, Joe Alguire attachments: Planning Permit Application (8) sets of full -size plans (1) set of reduced plans Sample menu Owner provided description of operation Title Report Excerpt from Walker Parking Study Mailing labels 24 Attachment No. ZA 4 Menu and Product List 25 20 57 FINE DESSERTS 0 - 650 8.i60 lC�ioae XY� rrz�ae PHONE: 323 - 653 -7145 P- X10.50 Select from lettuce, tomato, dijon mustard and mayo, on your choice of our own fresh baked Rosemary, Walnut Wheat, Swedish Rye, or Sourdough �_p�j���irpoe - 2a(¢ed a itl oun ourK Z?eKd a� a7zieeQ. �ce¢l ua oaz oae xe ff"m l Z�h"ic J�- a& w" treat is a &91W ce=el veaa wwi "a "wuw �SG'C/Gara2e�o�u�r�.� J�- t(e old �aa�iCoaed uaey, cvCtl� 2ecacorx jucce, ¢ea2P�o�r¢ arui a tacce(� a� racy° L'%eeae - cmAaTted 5 zvw e thecae dxea dry pliaad, 9nee ed aad to � wed dauteed aed aad gweK �E�2c� �fi,P.ree - ure ctadi a aieh eheddan eheede acrd a d2Cee oa tacsrata �eteueeoa Pru�eiced deleed a� aaz az e&. 4ead y� 061ade&�f~ - 5�7 50 We prepare our salads fresh every day. Served with a rosemary or wheat roll. �7zvee� °C� d�'w J�- yaeead, ficarxa, cacuKrQ,en, (e1dKey eearx¢, elie�cuy taorxatoed, 9 °'�rl°K$°2a, 06:a'W, gneea awiWj aad guueoa Jw,/.ac��u - �i2eade ad(¢ a�aut aun QaCad a� tlse dace Zorare �� 6&�� - �a C50 prepared from the freshest ingredients daily. Served with a rosemary or wheat roll. �12e - � /0.CO ',7faq SaaduR d aad 5ma& Sa&d da paan qa4 saadca d aad .50a�& da paan SaA aad Sala& Saead ` . aj (�Xexz 84�? ROLL - 95¢ • SM - $5.00 BATTARD - $6.00 • LRG - $8.00 WALNUT WHEAT FRENCH ROSEMARY COUNTRY WHITE OLIVE SOURDOUGH RYE CHALLAH (LRG - $9.00) CHEDDAR CHEESE (ROLL $1) BAGUETTE - $3.00 a, !� �- -4 EACH - $7.50 CHOCOLATE TACO WHITE CHOCOLATE JANOLI HAZELNUT MOUSSE CUP RASPBERRY MOUSSE CUP STRAWBERRY NAPOLEANS APPLE TURNOVER BOBKA MARBLE BRICK $11.50 EACH $8.50 EACH FLAN - $48 TIRAMISU - $7S BREAD PUDDING - $48 APPLE TARTE TATIN - $65 ENGLISH TRIFLE - $75 / EACH- $2 CREAM CHEESE PUFF DATE OATMEAL BAR LEMON BAR BROWNIE W/ NUTS FLORENTINES BISCOTTI - $1.25 MANDELBROD - $1.25 SEA SALT BROWNIE - $1.00 BROWN SUGAR SHORTBREAD -8SG RASPBERRY WALNUT RUGALAH -856 CHOCOLATE RUGALAH - 95¢ EACH - $2.SO CHOCOLATE CHIP CHERRY CHOCOLATE CHIP PECAN OATMEAL RASIN W/ WALNUTS PEANUT BUTTER CHOCOLATE CHIP TRIPLE CHOCOLATE CHUNK CHOCOLATE PILLOW - $4 GINGERBREAD - $3 LINZER - $2 NUTELLA- $1 MEXICAN WEDDING -$1.25 N I/ COFFEE SM $1.25 • MED $1.65 • LRG $1.95 FRENCH PRESS COFFEE (DINE IN ONLY) SM $3.00 • LRG $6.00 ESPRESSO SINGLE $2.2S DOUBLE $3.50 • TRIPLE $4.SO CAPPUCINO SM $3.00• MED $4.00 • LRG $5.00 REGULAR LATTE SM $3.00• MED $4.00 MOCHA LATTE SM $3.25 • MED $4.25 HOT TEA - $3.00 HOT CHOCOLATE - $3.00 MILK - $2 ORANGE JUICE - LRG $2.50 ICED TEA - $2.50 LEMONADE - $2.75 IZZE - $3 SODA - $2.SO BOTTLED WATER (SPARKLING)- LRG $2.SO BOTTLED WATER (FLAT)- LRG- $1.50 FINE DESSERTS "1 OVER 20 ve.06 PHONE: 323- 653 -7145 MON -WED 7:30 AM -10:30 PM THUR -SAT 7:30 AM -11:30 PM SUNDAY 9:00 AM- 9:OOPM LUNCH HOURS 11:30 AM -2:30 PM DAILY 2��9040.� PHONE: 310- 254 -9499 SUN -WED 6:30 AM -10:00 PM THUR -SAT 6:30 AM- 11:OOPM LUNCH HOURS 11:00 AM -4:00 PM DAILY WWW.SWEETLADYJAN E.COM C7 6" ROUND - $37 9" ROUND - $57 10" ROUND - $67 12" ROUND - $110 14" ROUND - $150 1/4 SHEET - $115 1/3 SHEET - $160 1/2 SHEET - $195 3/4 SHEET - $300 FULL SHEET - $385 CAKE WRITING - $2 ALMOND ROCCA CHOCOLATE CANDIED ORANGE* BLACKOUT ESPRESSO FUDGE MOCHA PRALINE OLD FASHIONED CHOCOLATE CHOCOLATE RASPBERRY CHOCOLATE STRAWBERRY GERMAN CHOCOLATE FLOURLESS CHOCOLATE DECADENCE ($49 -9" ROUND ONLY) J Af K44 COCONUT DULCE DE LECHE HAZELNUT MOUSSE ITALIAN RUM WEDDING LEMON CURD ORANGE CHIFFON* PASSION FRUIT (W /APRICOT) PRINCESS RASPBERRY LEMON SEVEN LAYER CHOCOLATE SEVEN LAYER MOCHA TRIPLE BERRY SHORTCAKE WHITE CHOCOLATE LEMON WHITE CHOCOLATE RASPBERRY CARROT RED VELVET SPICE BANANAS AND CREAM* BLACK FOREST* OPERETTA* * DENOTES SPECIAL ORDER REOUIRES 48HR NOI 1 • t SLICE- $7.50 • 9" ROUND- $48 MESSAGE WRITING - $2 NEW YORK • DRIED COOKIE CHOCOLATE- VANILLA SWIRL • HAZELNUT BROWNIE SUNDAE CAPPUCCINO RASPBERRY • WHITE CHOCOLATE PRALINE • PUMPKIN 3" MINIS- $7.50 NEW YORK • DRIED COOKIE BROWNIE SUNDAE • CAPPUCCINO RASPBERRY • WHITE CHOCOLATE WEDDINGS • BIRTHDAYS • HOLIDAYS BABY SHOWERS • GRADUATIONS EVENTS • MOVIE PREMIERS OUR CUSTOM CAKES ARE FAMOUS FOR THEIR BEAUTY AND QUALITY! WE MAKE CUSTOMIZED CAKES FOR ANY OCCASION FROM OUR LAYER CAKES. WE RECOMMEND TO MAKE AN APPOINTMENT AT EITHER LOCATION. SEE OUR MOST POPULAR DESIGNS AT LWWW.SWEETLADYJANE.COM `^l9 ,t,, J^-' MINI- $2.50 • LARGE- $4.25 -$4.50 FANCY LETTER - $5 Jp� CARROT • COCONUT • RED VELVET SMORES • PEANUT BUTTER MOCHA • PEPPERMINT • MAPLE CHOCOLATE W/ VANILLA VANILLA W/ CHOCOLATE i SLICE- $7.50 • 10" PAN - $52* ($42) "PRICE INCLUDES $10.00 REFUNDABLE DEPOSIT APPLE • BLUEBERRY • CHERRY BOYSENBERRY • PEACH - BOYSENBERRY* PEACH* • PECAN • PUMPKIN* MIXED BERRY • STRAWBERRY-RHUBARB- *SEASONAL y I I it w /R-I SLICE - $7.50 • 4" - $7.50 • 10.5" - $46 APPLE BRANDY APRICOT ALMOND BANANAS & CREAM CHOCOLATE CARAMEL WALNUT CHOCOLATE PECAN CHOCOLATE RASPBERRY COCONUT CREAM GERMAN CHOCOLATE KEY LIME PEAR & ALMOND PUMPKIN RASPBERRY MARZIPAN LEMON MERINGUE (ONLY AVAILABLE IN INDIVIDUAL 4 ") FRUIT TART W/ PASTRY CREAM 4" - $8 • 10.5" - $52 • 12" - $65 C� rtr�iF.e ��hivfir�4 �t SIZE /SHAPE SERVINGS 6" ROUND 6 -8 9" ROUND 12 -16 10" ROUND 18 -25 12" ROUND 25 -40 14" ROUND 40 -50 1/4 SHEET 25 -40 1/3 SHEET 40 -50 1/2 SHEET 50 -70 3/4 SHEET 70 -100 FULL SHEET 100 -150 so Attachment No. ZA 5 Project Plans 31 �2 33 -- ARUIIUCT SWEET L� J N � BAKERY CAFE Oonag0700 rchi[ect 701 Rome Diiva, LOS AngEles, CA 90065 1 1323.900.0]UU B I oryen hiyoD.com v,I vn•Nl.00nngh.nG,IR ryan:com nueenP ^s.l...... n', memsam N'a''I,ILAI'l Urmeso em,'.mgs.ro lho p,oP =rlv a pacOPVImU011ep mclumn oM Snan nSO. hou:ea worl, F.""A.S. Iw ha UlsWrseUln l,nynll,wp on loe nrry l,su :ullhap11v1111oI�pNmisslnn. Oa, r lVl- ARCIIRECIURL: 1.0 PROJECT INFORM1AIIONSIiF PLAN ellai9yEp,s - ho.F'I 1.1bIts ".11, F, Ks S,- shli y mrmI J` eeo. A].B IR6i FLOOR P111 'B",P.AG p'S U BCNAOSI .RUS 1U. 'a,eOAS-f I'S rn HIB mh"KIRI, o: 10 FLOOR PLAIT ABASH SENA1NISECONO canfl[ISV.ierea� "A!bONI. .TAMP I.II AIIE I SALES i i A� I j Ii 1LL I Wj r2.lili' I 1 �yy (EISERVICEAJLLEY SAr$S E-I' g 0llvu Es, I LOI,SUITAIII EI AbU RFAOE PARKING FOR A('l •,I OJACULT BANH — ! III — SHEET INDEX 0 11'11CIIU_ _ J -I Yi'� 51'�6I /1ri J4 -5' PROJECTOESCRIPll011: 0 $TORV OIJ SIZE EMERY \'11tH RETAIL ANOIAfE V5C5 - U Av Oon , 1 / i(]/ %r TEDY11ft i RECYCLII,O 1 I il- IE)AGCE6L D "I'LL'NO I"I'S-0. OUPPER BUILDING AREA: PUULIL AREA 30U SF PROJECT ABRPES$' TOPS)RSr EL MA 1. AIDI AY TOPS) RA f1Aq NE\IPCRTOEAGH, CA 92625 I �0.• SATES AREA A]B SF 1 1 II w, �. ICJ (N)BARERY6 CAFE 1 -ir'L ',. p IIIiGHFN b'/U OF 6ERNCE:ACCFSAGAN USES CUs, !10'E'ALfE550RYUSES ASSESSOR S PARCEL 11V1ABER: Ab'J 83110 PROJECT OLCUPAIICY: !,1 IE)51 E4'IALK ' II EO UAL LY 91 /ARCO I' /( DRAV:ING 155U1: 1 / AAGA EI/i iFl llFf /i pOCTUFAMIN: JS PROP `TYLINE _ 'II`J 1 fJ , /.. I � /I- lE)6ERVICE ACCESS T.TALIIREREASRREA ",A, $I TYP, I 1 1 I ', _C� / � NUMBER OF SEATS; Ib NUMBER OF EMPLOYEES: iWObHIFi60F 414 CONOIiIONN. V9E PERI.IIF Wid.l'1 � —� h�C�I� /f--�� 011 : —"1III PR IS DPLANTEq TY, PR _�I III_y d✓+ 0 CI I O 0 1 IL�II l % �/ li OUIRTART LOAD: PUBLIC AREA [OU bFIIS =19 ORCAHVCHOII TYPE: TYPEVO L;J''1Jll Md/ NA AREA 11USFi50 =0 SHE AREA: J.9]d.00 OF I,a ICI ENTRACCE —' DOOR j / 4 &i - KITCHEN 6/U bP/YPJ -d PROJECT AREA! IUS, O6F (EIENiflYCOURTVARO 'ERVILE:ACLESSORY USES .1$,I'D-Y !� SEAIIrIG / PARIONC: H=,UCEO 1F FFN NET CARFA -b.W SPACE$ / TOTAL OCCUPANTS Ll CPO \TOED: "ON E.,EI U SE E A". "'TO .I PARKING pq)I ASf OOUT INCEA5E I11 RED FIT. — AREA CALCULATIONS 104 PROJECT INFORMATION 10 D•m,ER/cuENr /ADCtDJAIOGUIISP LE NIL, / / 1 �� (�(L�JfO SURGING avreR: NATBODWOEC �'ULDRO nm 95ERENITY N D AF CRT COAST, OA 916S/ �.. - •. 3 r I BRYAN SIEUCL JJ� t p„n.' 0 DI ® "1 S° r v'" 0. e $W BAIIERICS LOS J I63I MOIJLAl1AAVF ON TA IAURIGA, S CA 9UIW iEU>ni: SII OARCRIEb TIC IB9,AIDNTANAAVE A. VCHICA, CASW09 t IBS f °f r fI f" °VA v% 0 U N ` PRVIECi lb'!' DANIEL IIAFRICC ,mNSDA-ledvl necom L•L•.•n . e'er J:` 4. -' AJrPR019�T51t6 4NP'w `N•r „�. SWEET LADY JANE BAKERY & CAFE ARCHITECT OMRYANARLI {ITECi ]UIRNGOLESVE �a4 6 JGROCAiCOAAFHIGNVIAY I 7RL LOS AIJGELFS. GA9W0+ •rV eW„ ,(S •'n11 (l - LORONAO..AND NFVIPOPI OEACII JDEALCORECO 'V+y,y d ° ` CAQ1u15 R .gl,r)'e,iCrv„ JJP 1eb'VSV 9 PROJECT NO. 12 °1 J - n° ( a, DRANATHIC PERMIT ENPEDIT(R: ;NDLAVISCIULT2 MCI6ISE6 CTS 1HEC.NRAN "AW At PROJECT INFORMATION °r IS- & SITE PLAN LY19)615 u PAT y 1 L SHEET NO. PA2012- 138 for UP2012 -024 3732 East Coast Highway N .� coNTgncroR: A.SIVENTURANO. SPERIJAIL AGAE CA 91,23" _RERLIN,DN<6.LAb1dz, a y ,� o SLJ Bakeries LLC i NAIAINDERSON '"n ° ISSUF. DATE M .� bN o-wenmwlwe snel MINOR USE PERMIT 10.04.12 SITE PLAN Drz`rJ' �' 11 "'6LAIE 05 PROJECT CONTACTS 03 PROJECT LOCATION�0 "T 33 ARCHITECT OonaghRyanArchitect f104'IUPI<IIri+115 P2EA 701 Rome Odve, Los Angeles, CA 90065 E %IfiIING 2 %31URL'!ALL$ 1 1 523.908,0700 A I Gryan ©GOn.,hry RLIC,n fY Ynnv.annRHhryen.caln INI11 STUD YIAILS. SEE FLOOx PLIW FOR SieOSR£ _ 6v eealfl"aJenm. urmrrpoman+.c InrO pinnx NalowJ Ly Anse Jnnprp, Sin J In ".9s, AWr "I'll .1 PA .,Mull onr+srroll noLM1ar ee useJ on any gf,er rsgk d'OIn.nOAiUPlflllO Clflc1£ _ n°rl cl,APA,,,A 1", dper F-P. for vrtluse er tJlFoNtrn Nn pormisslon. OMnpn Pydn APNIIrI Iuxllll6 pJnrlpnls vntl 9 i +d ' 22,7 IC —, _ J AOAIiEOUIREO CLEAR SPACE nrpbVens:salA,5 'A, Ad Ill RWr911y a—,,A,0,Cy Ar I'.— NOlmay nm r:.nel Iles. R, tlma1n35,eP'ell,all.ns. on,lm Leslpns... ln'kv:d 'S., R FA,Romnafa A•IJnn A 111— A!,,,llles,d EXIT MIT urnGns unitlr ora WlepeJ. \_ GiPI.IP }.� -- {s r �fvLJLJ. -------------------------------- _ r❑ r i r o O O r r ' r a lJ SALES 0 0 0 .I2V 5F r s r 4 e __ uz sr / N / G li I / ! GPMRIL VC.OLs LEG6N0 O Z—,/ COTISULTANT PUBLIC rt1iCNEN vveA y' `4J I]n sF / / / , ® ElEl / 1 iP SF I �./ / / / \ ' / p6 P)OGSF O6 O 1_0 OO 0't' �zI l�✓ II � I -� I n PEPAnI i AREA Eft PO 1 I II O OP W / /�, // % PLAN LEGEND 03 ;�- :�� �� / / GRnuvinclssuE o+ conomonAL USE pERLm caL+,Iz WTI, _ �iLL11LL °',O! ;! —OO _I _ \ � p' 4I '< I ESI51 \G E %ISLI fC ASYI / r VIOI F+IS AIENS ! RE6TflOOrf RESIfl �I � / / / 1 OIYNEP lCLIEN1yTT °o sFleAHEPIEAAV NOT USED 0 SARTTA I 0 FICA. OASPO A90JpS COUICOURTIER _ / - , � / , I . i� , c EA w o0m of PU6u Nt nr PROTECT ET LADY JANE - • - " / �� _ J FLTER RAISEO rW BAKERY &CAFE BAKERY 3M EAST COAST nIOxvlAv OROPIA RE', AOELAIAR CA P2G26 PPOJECTIIO, 12.19 Ofi LINE OF HHIREOPURLIG V'A+JVIIAV .11.10. IHIE E) PI.LICICIP-111 FLOOR PLAN N } ERECT.. @y�1 L1 l/ 000 IFELC DATE MINOR USE PERMIT 10.04.12 FLOOR PLAN p^+• —r.• 1' COAL' 05 NOTES�O PLAN KEY NOTES 01 SET (C.; .'NR IE)STAIR IT'B'�II.G, LU4VPMAPf:I_� lly EI LO.LOI'IROOF �ryy _ I(M1O'�(E�CEILIIIG _ _ h. _ _ O' -0 —ulil—YE _ —+ v x/ 7 'SCNf III w scALE nl PUtiiCfl VlI i11 .W.In OTM FIIIIBH nl $tAG(EO STOP \F US DECO RATIVIE'VIC.. SC.CEIJ FOR RGUF EOIII PI.IEM RAISEOI.IETALI.F.TIF.RS OBVILOIIIGSPIR 111. .1111 U..T JS VIR..1 SIGN: FORT. Cl GLAS. OOECO.119 PLARTINO OCAIIOPY OL IRE ."Co OFREYO... OonaghRyanArchitect 701 Rome Drive, Los Angelo S, CA 90066 1 1 323,900.0700 o I Oryaneoonaphryan.cnm vl� vA•no.00na9lvynnmm NneElsll :. wex xvse^ vva Pla vx ulJkamo .RN l V S VV I aOlrl 11y 91 4n•u Blo R —d a!Ia WMIR111 vl lhv on eny dliw vod ".n Eo msm55a m way am5. o =15w• ml w1n�x� wlm .oluw6,nlmn pximlrbn. Owl�yn nyaa Nmnan P�nml lls nn�dnm5 ��a evylo ves tivlvvs ony ontl all llnNiN vnoSpanVE111y Iw nlntROm mayor w�wasa qau ala�5ma•.xarwn5oroa. ounJ1brolol e,iloax ws m'vo•Ilse x1111 w�l Ily pu1e551'vn N'x gu ltlamv •511h vmdpul'ICx, w [mlfl [la xhltti aye alle9cX. 03.14,12 �nD CC ennemes uc 531 NUCITAIITA AVE SANTAMOPII.IOHICA. cA BO4oB PROJECT SWEET LADY JANE BAKERY $ CAFE 3131 EAST COAST HIG.VIAY CORONADELI,!AR H EWPORT BEACII CAPMlS PE.JC.UO. 12.19 DHA11ImGTELE ELEVATION/ SECOND FLOOR PLAN SKITTITC. °�? c'J o /P11 N ISSUE 001. MINOR USE PERMIT 10.04.12 SET �5 ADDITIONAL MATERIALS RECEIVED To: Zoning Administrator Hearing Subject: Additional Materials Received Item No. 3a: Additional Materials Received Zoning Administrator Hearing— November 28, 2012 Sweet Baby Jane Bakery MUP (PA2012 -138) From: Patricia Ganz rmailto :bavwindCalinetmail.att. net l Sent: Wednesday, November 28, 2012 10:24 AM To: Wisneski, Brenda Subject: New bakery - Sweet Baby Jane Brenda Wisneski, Zoning Administrator - Thank you for taking the time to consider our comments regarding the above matter. We have been in a service oriented business, here in CdM (at the same location) for 30 years and have witnessed many changes and tremendous growth -a few missed opportunities and many successful endeavors. I would like to comment on the Sweet Baby Jane application. We are greatly concerned about the intensification of the use of this building, a building that provides no parking whatsoever. In addition to the parking demand of the proposed bakery, there are residential units in the back that have no parking, plus the other half of the retail building, which is not yet permanently occupied, will also need parking. It is clear that a bakery with indoor and outdoor seating intensifies the use of this building much more than a non -food serving commercial / retail use. The bakery will have cooks and service personnel in addition to customers. The employees will, of necesssity, park on the street and leave their cars there for the duration of their work shifts, impacting parking in the area much more than non -food serving commercial retail uses who employ fewer people and cater to fewer customers. We have seen the parking on the residential streets adjacent to Coast Highway become extremely congested, as well as any other business parking lots that support the adjacent commercial buildings. People will park wherever they can find a spot, whether it is partially blocking a driveway or parking in a lot that is supporting retail or service businesses for a specific building. A food serving use with outdoor dining is simply an intensification of the use in this building, as well as the surrounding residences and businesses which should be grounds for disapproval. Thank you for your consideration. BayWind Services 3810 East Coast Highway, Ste. 4 Corona del Mar, CA 92625 November 28, 2012 Zoning Administrator agenda comments - Jim Mosher Page 3 of 4 seem to require a Zoning Administrator approved modification to the permit for "Any change in operational characteristics." Item No. 3. Sweet Lady Jane Bakery Minor Use Permit In the • Under "Recommendation 2" on page 1, there seems to be an extraneous "No." after "UP2012 -024" — or else something is missing. In the third bullet point on page 2 (handwritten page 3), the interpretation of Zoning Code Section 20.38.060 (Nonconforming Parking), erroneously referred to as a "Chapter," seem debatable since the cited subsection (20.38.060.6) is prefaced by words saying it applies to "nonresidential structures," not to structures in a "nonresidential zoning district." According to the staff report this is, at least partially, a residential structure. • With regard to the "APPEAL PERIOD" explanation on page 3 (handwritten page 4), the same comment applies as under Item 2, above. In the draft resolution: • In Section 1, "Statement of Facts 5" erroneously suggests a hearing was held before the "Planning Commission ". I assume this was meant to say "Zoning Administrator'? • In Section 3, in "Facts in Support of Finding 113.4," Chapter 20.38.060 is, as noted above, actually Section 20.38.060. • Even assuming Zoning Code Section 20.38.060 applies, I find questionable the implication of "Facts in Support of Finding 13.5" that a parking calculation leads to a conclusion of "no intensification" of use, and that the change is therefore compliant with Section 20.38.060 ( "Facts in Support of Finding 6.6 "). The Zoning Code defines "Intensity" as "Relative measure of development impact as defined by physical and operational characteristics (e.g., number of dwelling units per acre, amount of parking required, amount of traffic generated, etc.)," and although the official amount of parking may be the same, I would think that a successful and attractive bakery (especially one simultaneously seating 20 patrons) is likely to generate more traffic than a palm reader. The bakery use is also likely to have more need for deliveries than the palm reader use, which would seem a problem with no dedicated parking. Does the bakery itself intend to have vehicles for making home deliveries, and if so, where would they park? • "Facts in Support of Finding CA" contains a couple of grammatical typos: o "located less than 500 feet of from a residential district' o "and is at a level below the alley' • "Facts in Support of Finding D.2" (`Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed by way of the alley directly behind the site.') seems confusing in view of the previous finding that the operation is at a level below the alley. • Is there a typo in "Condition of Approval 8 "? How does one "incorporate into the Building Division "? November 28, 2012 Zoning Administrator agenda comments - Jim Mosher Page 4 of 4 • What does the requirement for 7 parking spaces in "Condition of Approval 12" mean? The staff report said the property is legally non - conforming with no parking, and that the no additional parking was required. • "Condition of Approval 35" is incomplete. Presumably it is meant to say the applicant will reconstruct .... (and presumably at their expense ?) . No. 4. Capriotti's Sandwich Shop Minor Use Permit In t \pa report: tement on page 2 (handwritten page 3) that "Although the requested hours of n do not exceed 8:00 p.m., staff recommends allowing the establishment to etween 7:00 a.m. and 11:00 p.m. "seems odd. It is also unclear from the staff hy Minor Use Permit and Zoning Administrator hearing is required. My andin as non - alcohol serving food service establishments generally require y if they a located within 500 feet of residential use, which is not the case here. ause of sta wish to extend the hours beyond those requested by the nt, or because the PC -11 text, or something else? • With regard to the "APPEAL ERIOD" explanation on page 3 (handwritten page 4), the same comment applies as and Item 2, above. • Under "Recommendation 2" on pa 1, there seems to bean extraneous "No." after "UP2012 -024" — or else something ism sing. In the draft resolution: • In Section 1, "Statement of Facts 5" erroneous l uggests a hearing was held before the "Planning Commission ". I assume this was mea to say "Zoning Administrator"? • In Section 2, the CEQA finding that there going from a \,O t building to an occupied building is not an expansion of use seems debatable. • In Section 4, "Decision 1 "says "The Planning Comf the City of Newport Beach hereby approves..." I assume this was mean " ning Administrator"? • "Condition of Approval 12" ( "The hours of operatiod rvice, eating and drinking establishment are limited from 7:00 a.m. to p.m., d . ") is unsupported by anything I can discover in the precedings or lanation of how the action is consistent with the required findincts in Supp of Finding CA" refers instead to consistency based oequested hour f operation" of "10:00 a.m. to 8:00 p.m., Monday throturday and 11:00 m. to 7:00 p.m. on Sunday."