HomeMy WebLinkAboutCafe Italiano (PA2002-076)2EW pia, CITY OF NEWPORT BEACH
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PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item:
Staff Person:
Appeal Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Caf6 Italiano (PA2002 -076)
514 W. Balboa Blvd.
July 18, 2002
2
Todd M. Weber
949 - 644 -3209
14 days after date of
action
SUMMARY: Request for a Use Permit for a full service, small -scale eating and drinking
establishment to exceed the established floor area ratio (FAR) and waive the
off - street parking requirements associated with the conversion of a single,
enclosed parking space to storage area.
RECOMMENDED
ACTION: Approve Use Permit No. 2002 -014 (PA2002 -076) by adopting a resolution
entitled: "A Resolution of the Planning Commission of the City of
Newport Beach Approving Use Permit No. 2002 -014 (PA2002 -076) for
Property Located at 514. W. Balboa Boulevard."
APPLICANT: Nancy Nelson, Newport Beach
LOCATION: Mid -block on the north side of Balboa Boulevard between 6te Street and
Island Avenue
LEGAL
DESCRIPTION: Lot 15 of East Newport, Block 3
GENERAL PLAN: Retail and Service Commercial
ZONING
DISTRICT: RSC -R (Retail and Service Commercial with a Residential Overlay District)
Introduction and Project Overview
The applicant has submitted a request for a Use Permit to exceed the floor area ratio (FAR) and
waive the off - street parking requirements associated with the conversion of a single, enclosed
parking space to storage area for the existing restaurant use, Cafe Italiano. The full service, small -
scale eating and drinking establishment already exceeds the Floor Area Ratio (FAR) of 0.5
established for the site. The current request is a result of the previous conversion of 1 of the
required enclosed parking spaces, approximately 192 total square feet (sq. ft.) in size, into
additional commercial space that will be used for storage. Additionally, a waiver is sought from
the off - street parking requirements associated with the loss of 1 space.
Use Permit No. 2002 -014 (rA2002 -076)
514 W. Balboa Blvd.
Current
Development:
Restaurant use on the street level with 2 residential units located on the second -story
level
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Residential uses
To the east:
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To the south:
Residential uses across Balboa Boulevard
To the west:
Retail and service commercial uses with residential units located on the second -story
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Use Permit No. 2002 -014 (rA2002 -076)
514 W. Balboa Blvd.
Current
Development:
Restaurant use on the street level with 2 residential units located on the second -story
level
To the north:
Residential uses
To the east:
Residential uses
To the south:
Residential uses across Balboa Boulevard
To the west:
Retail and service commercial uses with residential units located on the second -story
level
Cafe Itabano (PA2002 -076)
July 18, 2002
Page 2 of 7
Site Overview and Backeround
The property is located mid -block on the north side of Balboa Boulevard between 6" street and
Island Avenue. The lot is 30 feet wide by 70 feet deep with a total of 2,100 sq. ft. The existing,
two -story structure on the property is approximately 2,364 total sq. ft. in size and covers nearly
100% of the lot. The existing commercial use, a restaurant, is located on the ground level and 2
separate, residential units are located above. The structure contains 3 enclosed parking spaces of
which 2 are dedicated the restaurant and 1 is dedicated to 1 of the residential units.
Lot Size
2,100 sq. ft.
Gross Floor Area:
Restaurant Area
1,140 sq. ft.
Proposed Storage Space (required parking space)
192 sq. ft.
Total Gross Floor Area
1,332 sq. ft.
Existing FAR
0.54
Proposed FAR
0.63
Allowable FAR for the Restaurant
0.50
Staff has confirmed the following approvals for 514 W. Balboa Boulevard:
• Use Permit No. 915 was approved in 1963 that authorized the construction of the 2
residential units above the ground level commercial area (C -1 District at the time)
with the condition that 3 covered parking spaces were provided (minimum
dimensions for the spaces was established as well);
• In 1966, the Planning Commission denied a request from a previous owner that
sought to convert 1 of the enclosed spaces into a storage space. The City Council
affirmed the Commission's decision upon appeal that same year; and
• In 1995, the City approved Specialty Food Service No. 26 for the property, consisting
of a bakery/deli in the RSC -R District. The use was limited to 20 seats total.
When the Orange County Health Department came to inspect the restaurant as a result of the
change in ownership, they noted that storage for the restaurant that has been occurring in the
garage is in violation with Health Department regulations. Converting the garage through the
installation of solid walls was the only realistic solution to allowing the continued use of the area.
The applicant sought a building permit for the elimination of I garage space. Staff indicated that
the permit could not be granted without a parking waiver. Staff issued the permit due to the fact
that the applicant made significant investment in the space in preparation of opening (physical
improvements were made to the kitchen and food was purchased) without the knowledge that the
storage areas were improperly converted parking spaces. Staff issued the permit with one
condition noted on the plans such that the applicant obtain a Use Permit for the parking waiver
and expansion of the commercial space within a timely manner. The applicant is aware that
should the City not grant the Use Permit, the parking space formerly devoted to the restaurant
must be reinstated.
It is staff's belief that after the 1966 denial to convert 1 of the 3 existing covered parking spaces,
the conversion was completed anyways without City approval. The applicant has indicated that
W6 Italiano (PA2002 -076)
July 18, 2002
Page 3 of 7
they were unaware of the issue when the business was purchased since 1 parking space had
already been converted and used as additional commercial space by the previous 2 owners. The
parking spaces were noted on the 1995 Specialty Food Service permit plans, but staff cannot
pinpoint when the space was actually converted. Staff believes, based upon a site visit, that the
parking space was eliminated years ago based on the apparent age and condition of the work.
Analysis
The request involves the conversion of a single, enclosed parking space into storage for the
existing restaurant use. A Use Permit is needed since the existing restaurant use already exceeds
the allowable FAR of 0.50. Additionally, a waiver of the off - street parking requirements is
needed since the property does not currently provide the minimum required by the Zoning Code
and project approval will result in the loss of a single parking space.
General Plan
The City's General Plan designates the site as Retail and Service Commercial with maximum
FAR of 0.5/1.0. The General Plan allows for mixed uses with 1 residence located above
commercial uses. The General Plan also states that separate residential uses are prohibited. The
project does not propose any change to the land use designation and the existing development
already exceeds the allowable FAR. The existing building already exceeds the 0.5 FAR for the
commercial use and exceeds the 1 allowable residential unit. However, the non - conforming
residential use is not relevant as the project relates to the expansion of the commercial space.
Due to potential parking concerns, the Planning Commission must determine whether the
proposal complies with General Plan Policy L:
L. The City shall encourage its community commercial districts to reflect and complement
the high quality of its residential areas. The City shall promote the prosperity of its
several community commercial districts through the adoption and application of its
planning, zoning, building and public works codes, regulations, policies and activities.
Within the implementation section under Policy L., the General Plan provides guidelines that
pertain to the proposed application, as follows:
Planning and Building
2. The City shall encourage the refurbishment, remodeling and modest expansion of older,
nonconforming buildings within community commercial districts by grandfathering such
nonconforming uses when feasible and practicable.
5. The City shall, in the application of its codes and regulations, give special consideration
to the needs of restaurants in recognition of the high level of benefits they provide to the
local economy.
Cafe Italian (PA2002 -076)
July 18, 2002
Page 4 of 7
8. The City shall review uses permitted within commercial areas adjacent to residential
areas to provide more resident serving and resident compatible uses.
The Cafe Italiano request appears to be in line with these implementation measures as it proposes
a minor expansion of an older building in the Island Avenue community commercial area of the
Balboa Peninsula, which abuts residential uses. The request seeks approval for a storage area that
serves the restaurant.
Use Permit and Floor Area Ratio (FAR)
In order to approve the applicant's request for a Use Permit, the Commission must make the
following findings:
a. That the mix of existing and approved development within the statistical area in which
the project is proposed does not exceed the base development allocation established for
that statistical area; and
b. That the statistical area in which the project is proposed does not contain any
undeveloped or underdeveloped properties of sufficient size which, if developed within
the land use intensities established by the Land Use Element of the General Plan, would
cause the base development allocation for that statistical area to be exceeded.
The Land Use Element of the General Plan lists the Island Avenue commercial area (Statistical
Area D2) as having a maximum floor area of 0.511.0 FAR. The existing structure exceeds 0.5
FAR but not 1.0, including the applicant's requested expansion. The General Plan projects
additional growth in this area in the amount of 1,130 square feet. The commercial area is
characterized by 1 and 2 story commercial and mixed -use buildings many of which appear to
exceed floor area limits. No vacant properties currently exist in the Island Avenue commercial
area and staff does not consider any of the developed properties undeveloped. Therefore, staff
believes the 2 required findings printed above could be made.
Parking
The use will retain 1 parking space in the rear garage. Specialty Food Service No. 26 authorized
up to a maximum of 20 total seats for the restaurant within the existing nonconforming parking
provided. The request to waive the off - street parking requirements involves 1 space. A parking
waiver may be approved if one or more of the following findings have been met:
A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the sites;
No municipal parking lot is located in the immediate vicinity, the closest parking lot is in Central
Balboa, and is not considered useful due to distance.
2. The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously;
Caf6 Italian (PA2002 -076)
July 18, 2002
Page 5 of 7
The site is not subject to 2 or more uses such that non - simultaneous parking demand is relevant.
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66100(B); or
No parking management plan has been approves or is under consideration except to say that
parking is provided on the street.
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030.
The applicant suggests that over 50% of his business is take out service from surrounding
residents as well as seasonal patrons who either walk or bike to the establishment. Staff has no
knowledge to either support or refute percentage. Staff does support the notion that significant
portions of the applicant's patrons walk or bike to the establishment.
b. The probable long -term occupancy of the building or structure, based on
its design, will not generate additional parking demand.
The additional storage does not increase the searing or net public area, and therefore does not
increase the capacity of the establishment, which would increase parking demand. The parking
space in question has not been available for many years, and although parking is a scarce
resource on the Balboa Peninsula, staff does not believe the waiver will create any real impact.
Finally, ample street parking is available on Balboa Boulevard and has been serving the use.
The Commission could rely on a finding that the parking demand will be less than the
requirement in Section 20.66.030, if there is confidence in the applicant's statement that high
percentage of the patrons walk or bike to the establishment. Additionally, the storage area does
not increase the seating or net public area, which would tend to increase parking demand, beyond
what was authorized by Specialty Food Permit No. 26. Therefore, there is evidence to support the
fourth finding.
The Commission must also make the following general finding in order to approve a Use Permit:
That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
The applicant seeks approval to convert a 192 sq. ft. enclosed parking space to storage for the
restaurant. It appears the building space was converted some time ago from vehicle storage to
restaurant storage. The applicant is requesting the Use Permit to bring the project into
C66 Italian (PA2002 -076)
July 18, 2002
Page 6 of 7
compliance, as much as is possible. Staff does not believe the request will result in a situation
that is detrimental to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to
the properties or improvements in the vicinity or to the general welfare of the city. The
applicant's proposal falls into the full- service, small scale eating and drinking establishment
based upon the submitted plans, the project's operational characteristics, and the designation of
the use classification contained in the Zoning Code. This is classified as a Base FAR Use. Base
FAR Uses are limited to 0.5 FAR. The net effect of the proposed request appears negligible: less
than a 10% increase in total area. Caf6 Italiano is not open during late hours, which could be
considered a detriment to the abutting and surrounding development, predominantly residential.
Conclusion
It is well established that there is a shortage of parking on the Peninsula during the peak summer
months and other holiday weekends, etc. The applicant is requesting the Use Permit as staff has
suggested in order to obtain approval for the conversion of an enclosed parking space that we
estimate was done approximately 30 years ago. With the restaurant use already exceeding the
0.50 FAR, the request was not seen as a major increase or intensification of use, especially since
it involves storage area and not additional net public area. Based these factors, an approval for
the converted parking space was seen as a clean-up measure and not deemed to be significant.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The
proposal involves conversion of a single enclosed parking space into a storage area.
Recommendation
Staff recommends that the Planning Commission approve Use Permit No. 2002 -014 as presented or
after modified.
Submitted by: Prepared by:
PATRICIA L. TEMPLE TODD M. WEBER
Planning Director Associate Planner
i 1U GtQ, 1
Exhibits
Applicant's Letter
2. Resolution No. , including findings and conditions of approval
3. Findings for denial
4. Plans
Cafe Italian (PA2002 -076)
July 18, 2002
Page 7 of 7
In March of 2002 1 purchased a restaurant business from Robert Mortenson
and Tamara watt at 514 w Balboa Blvd, Newport Beach CA 92661. At the time
of purchase I was given plot plans by Robert Mortenson showing approvals
of the changes he had made in the restaurant. on each of these plans two
of the three garages at the back of the property were labeled "storage ".
These were the two spaces that were part of my lease with the owner of
the building, John westrem. The other space was for the u stairs tenant.
The spaces in the building alloted to the restaurant have teen used as a
restaurant for more than 10 years which was the time that John westrem
purchased the building. He has also told us that the space was used as
a restaurant prior to his owning it. John westrem has given.me his written
approval of the use of the space. Robert Mortenson had also had plans
approved by the city for a new hood above the stove in the restaurant,
showing these two spaces as storage. Robert Mortenson never informed us
about the city having a problem with this use.
At the end of March I asked the city for a permit and Lloyd Dick came to
the restaurant and gave us a list of three items that needed to be done,
so that he would sign off on the building. All of these were done.
At the beginning of April I came to the planning department with my
permit and presented it to Laura Levine. she called me at my residence
and left a message which I still have saying that 'one of the storage
spaces needed to be turned back into a garage". we stopped our preparations
for opening the restaurant and proceeded to spend a great deal of time and
money to do this. it also caused me to give up a very important storage
space for the business. when I came back to the plan m ng department with
the changes, I was told that Laura Levine had said she was confused and
that both of the spaces needed to be garages. This is a big problem
because it means all of the storage space for refrigerated and frozen
items will be gone. After meetings with the building department, (with
Lloyd Dick signing off on the plans with one storage space labeled
"garage "), and meetings with the planning department and City Manager
I was given a 90 day operating permit by the city of Newport Beach.
All of this caused loss of revenue because I had to delay the opening of
the business and spend money to pay two employees who had already left
other jobs to work for me. Cafe italiano is now operating and getting
quite good reviews and being warmly welcomed by the neighborhood. Most
of the customers are in the immediate neighborhood (about 90%) and walk
to the restaurant. The focus is also on takeout and catering (we have
already had 3 catering contracts), and we deliver to the customers.
i am requesting permission from the City of Newport Beach to use the one
remaining garage space for storage. i am also leasing the apartment above
the restaurant which has a space for parking. This problem was not caused
by me but by the previous tenant by not disclosing the issue. we are trying
to come to a sollution so we can stay open for business. we are very
committed to this resaurant. it is a family endeavor and a life long
dream. My family has been in Newport Beach for over 50 years and we are
here for the long term. Thank you for your consideration. J
514 west Balboa Blvd.
Newport Beach CA 92661
Exhibit No. 1
0
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -014 (PA2002 -076) FOR PROPERTY LOCATED AT 514 W.
BALBOA BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Ms. Nancy Nelson with respect to property located at
514 W Balboa Boulevard, and legally described as Lot 15 of East Newport, Block 3, requesting approval
of Use Permit No. 2002 -014 that would authorize the conversion of an enclosed parking space to storage
area and a waiver of the off -street parking requirements associated with losing 1 space as a result of the
conversion.
Section 2. A public hearing was held on July 18, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the
aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The location for the proposed project requiring this use permit, and the proposed conditions
under which it would be operated or maintained, is consistent with the General Plan and the
purpose of the RSC -R District in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent
to the neighborhood of such use; and will not be detrimental to the properties or improvements
in the vicinity or to the general welfare of the city. The use permit pertains to the conversion of
an enclosed parking space to storage area and a waiver of the off-street parking requirements
associated with losing 1 space as a result of the conversion. The loss of an additional space will
not significantly worsen the existing situation in the surrounding community where there is a
lack of adequate parking spaces. The area to be converted is to be used for storage and not
additional net public area. The operational characteristics of the restaurant are such that a
majority of the business' customers come from the surrounding community who do not drive to
the restaurant. The request will not be detrimental to the area because the parking space has
been used for storage for several years prior without complaint.
2. The mix of existing and approved development within the statistical area in which the project is
proposed does not exceed the base development allocation established for that statistical area.
The statistical area in which the project is proposed does not contain any undeveloped or
underdeveloped properties of sufficient size which, if developed within the land use intensities
established by the Land Use Element of the General Plan, would cause the base development
allocation for that statistical area to be exceeded.
Exhibit No.2
it
City of Newport Beach
Planning Commission Resolution No. _
Paize 2 of 3
3. The operational characteristics of the converted storage area are the reason for granting the parking
waiver. The converted space will not be used for additional net public area that potentially could
result in additional vehicle trips to and from the site. The parking demand for such space, as
utilized, will be less than the requirement as prescribed by the Zoning Code. The probable long-
term occupancy of the project will not generate additional parking demand. Any change in the
operational characteristics, particularly any change in the use of the storage that would allow it to
become additional seating, would require an amendment to the Use Permit, reviewed by the
Planning Commission, with the parking waiver reconsidered.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Facilities).
Section 4. Based on the aforementioned findings, the Planning Commission approves Use
Permit No. 2002 -014, subject to the conditions set forth in Exhibit "A ", the plans dated July 18, 2002.
Section 5. 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 City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 18`a DAY OF JULY 2002.
IC
IC
, Chairman
, Secretary
AYES:
NOES:
ABSENT:
1—
City of Newport Beach
Planning Commission Resolution No. _
Paee 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002-014
1. The development shall be in substantial conformance with the approved floor plan dated July 18,
2002.
2. Use Permit No. 2002 -016 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. Any change in the operational characteristics, particularly any change in the use of the storage area
that would allow it to become net public area, would require an amendment to the Use Permit,
reviewed by the Planning Commission, with the parking waiver reconsidered.
4. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments as well as the Orange County Health 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.
5. Should this business 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.
6. The Commission may add or modify conditions of approval to this use permit, or revoke this
permit upon a determination that the implementation of the project which is the subject of this
approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general
welfare of the community.
F: \USERS\PLMShared\PA's\PA2002- 076 \UP2002 -014 resolution.doo
13
Findings for Denial
Use Permit No. 2002 -014
(PA2002 -076)
The approval of Use Permit No. 2002 -014 will, under the circumstances of the case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of persons living and working in the
neighborhood, will be detrimental to the general welfare of the City and is not consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons:
a) The proposed conversion of the parking space to storage use will result in an unacceptable
increase in the shortage of parking for the existing restaurant use. The off - street parking
requirement waiver requested will further compound the limited parking that presently exists
in the surrounding commercial and residential areas. Sufficient parking spaces do not exist
on -site nor within close proximity of the site to accommodate the increased building area for
restaurant use.
b) The increased floor area ratio above 0.5 FAR facilitates increased restaurant activity
generating increased parking demand and traffic.
Exhibit No. 3
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