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HomeMy WebLinkAbout4.0 - Park Avenue Cafe - CUP - PA2014-047CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 22, 2014 Meeting Agenda Item 4 SUBJECT: Park Avenue Cafe - (PA2014 -047) 501 Park Avenue Conditional Use Permit No. UP2014 -009 APPLICANT: Tony Finaldi, STK Architecture, Inc. PLANNER: Brenda Wisneski, Deputy Community Development Director (949) 644 -3297, bisneski@newportbeachca.gov PROJECT SUMMARY A request for a conditional use permit to waive the parking spaces required in association with the expansion of an existing restaurant. The restaurant proposes to expand its operations within the existing structure, utilizing a suite previously occupied by another use. No additional square footage to the existing structure is proposed. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2014 -009 subject to the conditions of approval provided in the draft resolution. (Attachment No. PC 1). Project Setting The restaurant is located at the intersection of Park Avenue and Agate Avenue on Balboa Island. The Balboa Island Ferry Landing is located approximately 480 feet southwest at the end of Agate Avenue. The property is developed with a two -story building containing 1,620- square -feet of commercial uses on the first floor level and two dwelling units on the second floor. A two car garage for use by the residents and four open parking spaces are also available on -site. Surrounding uses include duplexes and single -unit dwellings. A few commercial uses, such as medical offices, laundry mat, and a small hotel are located south of the subject property on Agate Avenue. On- street parking is free; however, there are time restrictions on Agate Avenue. Private off - street surface parking in the area is very limited, with a few spaces located behind some of the businesses. There is no public off - street parking on the Island. However, several municipal lots are located on Balboa 1 INTENTIONALLY BLANK PAGE Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 2 Peninsula that are within walking distance from the Balboa Island Ferry Landing on Palm Street. LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE MU -W2 Mixed Use - Water MU -W2 Mixed Use-Water-1 Restaurant and Residential RBI ( wo-Ua Its NORTH R -T (Two -Unit Residential) esidential, Single - Family and Duplex SOUTH MU -W2 (Mixed Use - Water) MU -W2 (Mixed Use - Water) Office and Upper Level Residential EAST R -T (Two -Unit Residential) R-131 (Two -Unit Residential, Single - Family and Duplex Balboa Island) WEST R -T (Two -Unit Residential) R -BI (Two -Unit Residential, Single - Family and Duplex Balboa Island) S Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 3 Background Building records indicate that a restaurant has been in operation at the subject property since 1961. Use Permit No.UP1834, allowing the sale of beer and wine, was approved by the Planning Commission on June 30, 1977. No additional parking was required at that time on the basis that the Municipal Code then in effect allowed uses to continue, provided they did not intensify. No other entitlements have been approved for the property. In 1977, the restaurant consisted of 360 square feet of net public area and a 70 square -foot outdoor patio and operated from 8:00 a.m. to 8:00 p.m., daily. Other uses in the building included a real estate office, gift shop, and art studio. Sometime after 1977, the restaurant expanded to the suite occupied by the gift shop and extended the outdoor seating area. Today, the restaurant occupies 665 square feet of net public area and a 503 - square -foot outdoor patio. There are no permits on file associated with the expansion of the restaurant. The suite previously occupied by the real estate office is vacant. The current owners purchased the property and the restaurant operation in 2013 and state they were unaware of the operational and permit history of the restaurant. The applicant's narrative is provided as Attachment No. PC 3. Project Description The applicant requests a conditional use permit to expand the existing restaurant to include 744 square feet (a 432 sq. ft. dining area and a 312 sq. ft. wine bar) of interior net public area and 673 - square -foot outdoor dining area and to waive the additional parking spaces required to accommodate the expansion. A coffee bar is also proposed for take -out service, which would occupy an additional 239 square feet of net public area. Interior remodeling is needed to accommodate Americans with Disabilities Act (ADA) improvements and to update the kitchen to meet current Health Code requirements. No other uses would occupy the lower level of the building. The restaurant is proposed to operate from 8:00 a.m. to 9:00 p.m., daily. To accommodate ADA parking, the on -site spaces would be reduced to two. A total of 95 seats are proposed, 40 of which would be located on the outside patio. The applicant states the restaurant has operated with 95 seats prior to 2013. A total of eight employees would support the business. Consistency with General Plan /Coastal Land Use Plan /Zoning The site is designated Mixed Use - Water (MU -W2) by the General Plan Land Use Element, Coastal Land Use Plan, and the Zoning Code. The restaurant operation is defined as an Eating and Drinking Establishment, Food Service, No Late Hours which 4 Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 4 offers alcoholic beverage service. The coffee bar, since it is separate from the restaurant, is classified as a Take Out Service - Limited. The project would allow for reuse of the existing restaurant, maintaining the character of the district. The proposed project requires a conditional use permit to expand the interior and outdoor net public area, establish a take -out coffee bar and to waive the parking required for the expansion. Parking The interior net public area (not including 239 square feet for take -out) proposed is 744 square feet, and the Zoning Code allows outdoor dining areas up to 25 percent of the interior net public area without an increase in the parking requirement. The applicant proposes a 673 square foot outdoor dining patio. Therefore, 246 square feet (25 percent of 983 square feet) of the outdoor dining patio does not require additional parking. The remaining 427 square feet will need to be parked at the same rate as the interior net public area. Thus, the total net public area to be parked is 1,171 square feet. The Newport Beach Municipal Code requires parking for restaurants to be based upon the individual operational characteristics with a parking ratio between 1:50 and 1:30 of the Net Public Area. The area's mixed use characteristics and the prominence of patrons to walk justifies the ratio of 1:50 of Net Public Area. Based on a parking ratio of 1 space per 50 square feet of net public area, the proposed restaurant requires a total of 24 spaces. Since the building does not provide the required parking for its current operation, it is considered nonconforming. Municipal Code Section 20.38.060.B allows expansion of nonconforming uses provided a reduction of parking is approved. The subject application requests a reduction in parking per Section 20.40.110, subject to the appoval of a use permit. Table 1 summarizes use of the building since 1977 and the related parking requirements. The uses entitled in 1977 were approved with four on -site parking spaces. The intensification that occurred after 1977, but prior to 2013, would be required to provide the nine additional parking spaces. The proposed project would be required to provide 14 parking spaces, as compared to the 1977 conditions, but only five as compared to the existing operations. The existing operation has been in place for several years. No business license is on record for a use occupying the suite referred to as a "gift shop' in the 1977 approval. While it is not documented as to when the restaurant expanded, observations of long- term residents indicate the restaurant has been in its current configuration for quite some time. Since the parking required for the restaurant has been accommodated or absorbed by the existing parking supply, maintaining the status quo is justified. 0 Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 5 Table 1 History of Buildina Use & Parkina Reauirements If the existing conditions are accepted, the analysis focuses on the proposed expansion which requires only five additional spaces. Many residents and visitors of Balboa Island rely heavily on walking and biking to patronize local establishments. Agate Avenue is easily accessible by residents and visitors walking or biking from other locations on the Island or from Balboa Village via the ferry. Since there is limited parking in the area, it may be assumed that patrons would not drive to only visit the restaurant; instead, those opting to drive could park at a remote location, such as the Balboa Village which offers extensive public parking, and extend their outing to include shopping or a walk. Conditional Use Permit Findings The proposed expansion and parking modification requires a conditional use permit. Newport Beach Municipal Code Section 20.40.110 states that required off - street parking may be reduced in compliance with the following conditions: a) The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed -use development); and b) A parking management plan shall be prepared. Balboa Island is the most densely - populated neighborhood in the County where pedestrian and biking is prominent year- round. A parking study conducted by the City in 2008, recognized parking limitations during peak periods. The existing clientele are known to be local residents or vacation visitors who walk to the facility. The take -out coffee bar 0 Restaurant Outdoor(1) Year Public Area Area Other Uses Parking Required 1977 360 SF 70 SF Restaurant 8 spaces (UP1834) Gift Shop 529 SF 2 spaces Office 254 SF 1 space Art Studio 459 SF 1 space 12 Spaces Total Sometime Prior 665 SF 503 SF Restaurant 20 spaces to 2013 Office /Retail 254 SF 1 space un ermitted 21 Spaces Total Proposed 744 SF 673 SF Restaurant 24 spaces Take -Out 239 SF (2) 2 spaces 26 Spaces Total (1) Up to 25 percent of the interior net public area is not required for outdoor dining. 2 Includes parking for 83 SF service counter which is factored as 50 percent of the counter area. If the existing conditions are accepted, the analysis focuses on the proposed expansion which requires only five additional spaces. Many residents and visitors of Balboa Island rely heavily on walking and biking to patronize local establishments. Agate Avenue is easily accessible by residents and visitors walking or biking from other locations on the Island or from Balboa Village via the ferry. Since there is limited parking in the area, it may be assumed that patrons would not drive to only visit the restaurant; instead, those opting to drive could park at a remote location, such as the Balboa Village which offers extensive public parking, and extend their outing to include shopping or a walk. Conditional Use Permit Findings The proposed expansion and parking modification requires a conditional use permit. Newport Beach Municipal Code Section 20.40.110 states that required off - street parking may be reduced in compliance with the following conditions: a) The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed -use development); and b) A parking management plan shall be prepared. Balboa Island is the most densely - populated neighborhood in the County where pedestrian and biking is prominent year- round. A parking study conducted by the City in 2008, recognized parking limitations during peak periods. The existing clientele are known to be local residents or vacation visitors who walk to the facility. The take -out coffee bar 0 Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 6 would also encourage walk -up service or quick stops. The nearest public parking facility is located within Balboa Village, which is easily accessible via the ferry. On -site parking can be reserved by customers if employees were required to utilize the municipal lots in Balboa Village. Since there only three parking spaces, in lieu of a parking management plan, a condition of approval has been established requiring the business owner to purchase permits for employees who travel by vehicle to utilize the municipal lots in Balboa Village. Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 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 this Zoning Code and the Municipal Code; 3. The design, location, size, 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 emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The restaurant operation is defined as an Eating and Drinking Establishment, Food Service, No Late Hours with alcoholic beverage service. The coffee bar, since it is separate from the restaurant, is classified as a Take Out Service - Limited. Both uses are consistent with the purpose and intent of the Mixed Use - Water (MU -W) General Plan land use designation and Zoning District. The hours of operation are appropriate for the neighborhood. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for Eating and Drinking Establishments and Take Out Services. The proposed renovations would upgrade the existing structure to current ADA and building standards and allow the continuation of a restaurant, which has been appreciated by local residents and visitors since 1961. The restaurant has operated in its current state for several years. The proposed expansion would require five additional parking spaces. The relocation of up to eight employee vehicles to the Balboa Village Municipal Lot and three parking spaces located W Park Avenue Cafe Conditional Use Permit May 22, 2014 Page 7 on -site would assist in meeting the needs of the additional parking demand and minimize impacts to the neighborhood. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). In this case, Use Permit No. UP1834 will remain in effect unless action is taken to revoke this permit. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - 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 proposed project involves the minor alteration of an existing structure and negligible expansion of an existing use. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, 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. Prepared by: , Deputy Director N Park Avenue Cafe Conditional Use Permit /_1 aIF_C9:IPil=I �11 &` PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Applicant's Narrative PC 4 Project Plans May 22, 2014 Page 8 I INTENTIONALLY BLANK PAGE 10 Attachment No. PC 1 Draft Resolution for Approval 21 INTENTIONALLY BLANK PAGE 12 RESOLUTION NO. # # ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014 -009 TO EXPAND AN EXISTING EATING AND DRINKING ESTABLISHMENT, CREATE A TAKE OUT - LIMITED USE AND MODIFY PARKING AT 501 PARK AVENUE (PA2014 -047) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tony Finaldi, representing the Antares Group, LLC, with respect to property located at 501 Park Avenue, and legally described as Lots 21 and 22, Block 9, Resubdivision of Section 1, Balboa Island, requesting approval of a conditional use permit for the expansion of an existing restaurant and modification of parking. 2. The applicant requests an amendment to Use Permit No. UP1834 to expand the existing restaurant and outdoor dining patio with no late hours, establish a Take Out - Limited Use and modify the required parking. The restaurant would operate from 8:00 a.m. to 9:00 p.m., daily and would include no more than 95 seats. No live entertainment or dancing is proposed. 3. The subject property is located within the Mixed Use - Water (MU -W2) General Plan Land Use Element category and Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use - Water (MU -W2). 5. Use Permit UP1834 was approved in 1977 to allow for the sale of beer and wine. At that time the restaurant consisted of 290 square feet of net public area and a 70 square -foot outdoor patio. Today, the restaurant occupies 665 square feet of net public area and a 503 - square -foot outdoor patio. There is no record of the expansion obtaining permits or an amendment to Use Permit No. UP1834. 6. A public hearing was held on May 22, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) 13 Planning Commission Resolution No. Ott Paqe 2 of 11 2. The proposed project involves the minor alteration of an existing structure, with no additional square footage, and negligible expansion of an existing use. Therefore, the interior use, outdoor dining patio and take out service qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, No Late Hours, and Take Out - Limited, require the approval of a conditional use permit within the Mixed Use - Water (MU -W2) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1834 (as approved on June 7, 1977). The requested expansion and take -out coffee bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a substantial change to an existing eating and drinking establishment a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. The restaurant is appropriate since the existing Type 41 license, which allows the sale of beer and wine, has been in use since 1977 with the approval of Use Permit No. UP 1834 without incident or concerns expressed by surrounding neighbors. The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval have been included to ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area which is primarily residential with some commercial uses. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 10 -15 -2013 14 Planning Commission Resolution No. #### Paqe 3 of 11 Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The expanded eating and drinking establishment, food service with no late hours which offers alcoholic beverage service and Take Out - Limited are consistent with the Mixed Use — Water (MU -W2) land use designation of the General Plan. 2. The MU -W2 designation applies to waterfront areas in which marine - related uses may be intermixed with buildings that provide residential on the upper floors. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. 3. The project site is not located within a Specific Plan area. Finding: C. 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. Eating and drinking establishments classified as Food Service, No Late Hours, and Take Out — Limited require the approval of a conditional use permit within the Mixed Use — Water (MU -W2) Zoning District. 2. As conditioned, the proposed project will comply with Newport Beach Municipal Code Section 20.48.090 standards for eating and drinking establishments in that operation is limited to food service, beer and wine service, and a take -out coffee bar. The hours are appropriate for the neighborhood which is primarily residential. 3. Based on the increase net public area, the expansion would require 14 additional spaces as compared to Use Permit No. UP1834 approved in 1977, but only five additional spaces as compared to the existing operations. The restaurant has operated in its current configuration for several years. Therefore, the parking demand generated by the current restaurant operations have been accommodated within the existing supply offered on -site (four spaces) and on- street parking. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 10 -15 -2013 2J� Planning Commission Resolution No. #### Paqe 4 of 11 1. The restaurant has operated in its current location and with a total of 95 seats for several years. There is no documentation of incidents or complaints reported to the City's Code Enforcement or Police departments during the restaurant operation. The expansion would increase the floor area, but maintain the same number of seats. On the basis that the existing operation is compatible with the neighborhood, the expansion would also be compatible. 2. The coffee bar would offer take out service which would be complementary to the pedestrian and bike activity in the area for individuals seeking to purchase coffee while on their excursions. 3. The restaurant would operate from 8:00 a.m. to 9:00 p.m., daily, which are not considered "late ", as defined by the Municipal Code, are more restrictive than the hours approved per Use Permit No. UP1834 and are appropriate for the mixed -use neighborhood. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 5. The project has been conditioned to include a trash enclosure with a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 6. Based on the increase net public area, the expansion would require 14 additional spaces as compared to the Use Permit No. UP1834 approved in 1977, but only five additional spaces as compared to the existing operations. The restaurant has operated in its current configuration for several years. Therefore, the parking demand generated by the current restaurant operations have been accommodated within the existing supply offered on -site (four spaces) and on- street parking. 7. The restaurant is reported to include eight employees. Conditions of approval have been included requiring the business owner to purchase parking permits on behalf of the employees to parking in the municipal parking lots on Balboa Peninsula which can be accessed via the Balboa Island Ferry. 8. This is an existing restaurant location and is compatible with other uses in the area. The restaurant also serves as an important visitor - serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. Finding: 10 -15 -2013 10 Planning Commission Resolution No. Ott Paqe 5 of 11 E. 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. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. Although the site does not provide the minimum number of off - street parking spaces on -site, the parking spaces required by the current operation have been accommodated within the existing supply. The expansion requires five additional parking spaces and employees will be required to park remotely. Finding: F. Operation of the 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The renovations to the existing restaurant facility should have a positive impact with a significant upgrade to the existing structure. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to residential uses nearby, the expansion requires only five spaces beyond the existing operation and employees will park remotely. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 10 -15 -2013 17 Planning Commission Resolution No. #### Paqe 6 of 11 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -009 (PA2014 -047), 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 after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2014 -009 (PA2014 -047) replaces and supercedes Use Permit No. UP1834, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 22 "d DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: M Bradley Hillgren, Chairman Kory Kramer, Secretary 10 -15 -2013 12 Planning Commission Resolution No. #### Paqe 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2014 -009 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 Municipal Code, unless an extension is otherwise granted. 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. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. The hours of operation for the restaurant, including the take -out coffee bar and outdoor dining, shall be 8:00 a.m. to 9:00 p.m., daily. 10. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All three parking spaces on the site shall be accessible and useable for vehicular parking at all times. 11. Restaurant employees shall park their automobiles in the municipal lots on the Balboa Peninsula. The applicant or operator of the facility shall purchase parking permits for 10 -15 -2013 19 Planning Commission Resolution No. #### Paqe 8 of 11 eight employees on an annual basis for the municipal lots, and shall direct employees to park in said parking lot. 12. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 14. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 15. Food service shall be offered during all hours of operation and in all areas of the restaurant, with the exception of the take -out coffee bar area. 16. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 17. All mechanical equipment and trash areas shall be screened from adjoining streets. 18. All outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). 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. 19. 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, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 20. 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 10 -15 -2013 20 Planning Commission Resolution No. #### Paqe 9 of 11 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 22. 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. 23. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 24. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 25. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 26. 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 or indirectly) to City's approval of the Park Avenue Cafe Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2014 -009 (PA2014- 047). 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. 27. There shall be no live entertainment or dancing allowed on the premises. 10 -15 -2013 21- Planning Commission Resolution No. #### Paqe 10 of 11 28. Strict adherence to maximum occupancy limits is required. 29. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 30. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 31. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 32. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 33. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 34. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 35. 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. 36. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 37. 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 Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Public Works Conditions 38. All improvements shall be constructed as required by Ordinance and the Public Works Department. 39. All new and existing water services shall be protected by a City approved backflow assembly. 10 -15 -2013 22 Planning Commission Resolution No. #### Paqe 11 of 11 40. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic - grade box and cover, located on the public side of the property line. 41. An encroachment permit is required for all activities within the public right -of -way. 42. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. 43. 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. 44. All on -site drainage shall comply with the latest City Water Quality requirements. 10 -15 -2013 2S INTENTIONALLY BLANK PAGE 24 Attachment No. PC 2 Draft Resolution for Denial 25 INTENTIONALLY BLANK PAGE 20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2014 -009 TO EXPAND AN EXISTING EATING AND DRINKING ESTABLISHMENT, CREATE A TAKE OUT - LIMITED USE AND MODIFY THE REQUIRED PARKING AT 501 PARK AVENUE (PA2014 -047) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Tony Finaldi, representing the Antares Group, LLC, with respect to property located at 501 Park Avenue, and legally described as Lots 21 and 22, Block 9, Resubdivision of Section 1, Balboa Island, requesting approval of a conditional use permit for the expansion of an existing restaurant and modification of parking. 2. The applicant requests an amendment to Use Permit No. UP1834 to expand the existing restaurant and outdoor dining patio, establish a Take Out - Limited Use and modify the required parking. �v 3. The subject property is located within the Mixed Use - Water (MU -W) General Plan Land Use Element category and Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use - Water (MU -W). 5. A public hearing was held on May 22, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Zoning Code, nonconforming uses may be expanded or intensified subject to the approval of a conditional use permit. The Planning Commission may approve a conditional use permit only after making each of the five required findings set forth in Section 20.52.020.F (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 27 Planning Commission Resolution No. Paqe 2 _ of 2 NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2014 -009. Existing Use Permit No. UP1834 shall remain in full force and effect. 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 22 "d DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: I-.YLq Bradley Hillgren, Kory Kramer, Tmplt: 03/08111 !A Attachment No. PC 3 Applicant's Narrative 29 INTENTIONALLY BLANK PAGE so March 11, 2014 The owners of The Park Avenue Cafe purchased an existing restaurant that they thought was compliant with current Planning Codes or at the very least grandfathered in its use due to its age. Since the restaurant is older, ADA accommodations are currently not addressed and the existing kitchen is outdated and not compliant with current health requirements. It is the goal of the current owners to achieve the following goals: 1. ADA Parking — Construct an on -site accessible parking stall to better accommodate disabled clients. 2. ADA Restrooms — Construct new ADA accessible Men and Women restrooms. 3. Kitchen — Construct a modern kitchen that meets all current Health Codes. 4. Coffee Shop — Expand into the existing space previously used as a real estate office. This area will be used as a walk up coffee bar. The owners recently meet with the city planning department only to discover that the restaurant had at some point between 1977 and 2013 (the year the current owners purchased it), expanded into one existing retail / office area and expanded the outdoor patio dining area. This expansion is believed to have occurred without a CUP amendment based upon records or the lack there of. Based upon the calculation of currently occupied Net Customer Area the restaurant would require approximately 26 on site parking stalls. The proposed expansion in to the second retail area (Coffee Shop) will require an additional 12 on site parking stalls based upon a ratio of 1 stall for every 40 sf of Net Customer Area. Although we understand this is an appropriate generic formula that works for most all businesses, we believe ours is a unique situation geographically that will merit consideration for the following reasons: 1. Based on research of records, the subject property has been in business as restaurant since 1961 and has never had more than four on- site parking spaces. The following is an excerpt from Use Permit 1834 dated June 30, 1977: "Building records indicate that a restaurant use has existed on the site since 1961.No parking spaces were required by code for the subject restaurant facility and no specific parking spaces were provided for the restaurant use. The four on -site parking spaces may be utilized by all of the commercial uses on the property." ARCHITECTURE INTERIOR DESIGN PLANNING 42095 Zevo Drive, Suite A15, Temecula, California 92590 -3780 Phone: 9511296 -9110 Fax: 951/296 -6079 E -Mail: stk @stkinc.com S2 Park Avenue Cafe - CUP Page 2 of 2 Although there are four on site parking spaces available, the proposed plan provides a total of three stalls. Two stalls are standard and one is for disabled parking. The disabled parking stall loading area required the loss of one space. There is no more space available on the site to provide additional parking. 2. The majority of the patrons are walk -up clients. Many reside in the area and during peak tourist season most are there for the full day or more. The majority of the Coffee Shop patrons will most likely purchase coffee to go. 3. The proposed Coffee Shops' customer traffic will be mostly in the AM hours when the restaurant is operating at less than peak capacity. We do not foresee any significant additional vehicle traffic due to this small expansion. The Park Avenue Cafe statistics are as follows: Area 1977 Charlie's Cafe 2013 Park Avenue Cafe 2014 Proposed Expansion Number of employees: 8 569 sf gross 2,175 sf gross 2,612 sf gross Number of seats: 95 (same as in prior to 2013) 360 sf net public area 1,042 sf net public area 1,530 sf net public area Dwelling Units: Two existing apartments on the second floor. The existing two car garage will remain as is for the apartments use. Hours of Operation: 8:00 AM to 9:00 PM Daily Attachment No. PC 4 Project Plans 33 INTENTIONALLY BLANK PAGE I � I / / I J I � QI w U Q I I , , I I Ir - - -, I I TRASW I I I l .I I I O I �I I I 9835 AREA F-1 PATIO DM1(' 673 SF Fib 83 SF MCFBJ 564 Sr I I GROSS AREA - 2,612 SF NET PUBLIC AREA CALCULATION NDOOR DINING - 983 SF (239 SF + 432 SF + 312 SF) I OUTDOOR DINING - 505 SF 613 SF -251 OF SF) SERVICE COUNTER = 83/2 -42 SF NET PIBLIC AREA - 1530 SF I I REQUIRED PARKING 1140 1530/40. 38 SPACES PARK AVENUE CAFE SCALE: 501 PARK AVENUE, NEWPORT BEACH, CA 1/8' -1' -0' DATE: 1ST FLOOR PLAN PROPOSED 95 TOTAL SEATS MARCH 2014 315 INTENTIONALLY BLANK PAGE PARK AVENUE CAFE 501 PARK AVENUE, NEWPORT BEACH, CA EXISTING 2ND FLOOR PLAN (2) APARTMENT UNITS SCALE: 1/8° =1' -0" DATE: MARCH 2014 INTENTIONALLY BLANK PAGE mol I / � / 1 I =ATIO 1 50�SF ° I � I \ / / DII�3A M S RETAIL 254 SF ° Lu Fll� y / L / � ° \p STORAGE n 170 SF PANG 4 SPACES EXISTING - - -- L- - - - I TRASH RESTROOMS L _ _ _ - J OFFICE /STORAGE 247 SF PARK AVENUE CAFE 501 PARK AVENUE, NEWPORT BEACH, CA 1ST FLOOR PLAN AS OF 2013 (YEAR CURRENT OWNER PURCHASED PROPERTY) GARAGE 327 SF I I I I I I I I I ❑ or" aueA ❑ PAM 0MG I I I I GROSS AREA • 2,175 SF I I NET PUBLIC AREA CALCULATION MOOR DINING - 665 SF (283 SF + 382 SF) OUTDOOR DINING - 377 SF I I 503 SF -258 OF SF) I I NET PU6UC AREA • 1,042 SF REQUIRED PARKING 1:40 1,042/40. 26 SPACES S9 INTENTIONALLY BLANK PAGE 40 I / \ PATIO 70 SF / PARKNG / DINNG AREA 4 SPACES 283 SF REAL ESTATE I I / 17 SEATS 254 SF I El orriG aRU_ Q I \ W � _ _ � \ 8 PATIO DM1C 1 / I GROSS AREA = 569 SF NET PU 13UC AREA • 360 SF (NCLUDNG 70 SF PATIO DNING) / REST ROOMS FT /o o G1529� \ O Eo Ao ART STUDIO CARPORT \ 4 327 SF 59 SF \ I I I I cl PARK AVENUE CAFE SCALE 501 PARK AVENUE, NEWPORT BEACH, CA 1ST FLOOR PLAN PER USE PERMIT 1634 JUNE 30, 1977 DATE: MARCH 2014 41 INTENTIONALLY BLANK PAGE 42 Correspondence Item No. 4a BURNS,MARLENE Park Avenue Cafe Thank you for your comments. I will forward your email to the Planning Commission for their consideration Brenda Wisneski, AICP Deputy Community Development Director (949) 644 -3297 City of Newport Beach I Plam im Division 100 Civic Center Drive I Newport Beach, CA 92660 A responsive, knowledgeable team ofpmfemwadsgw&ugcom =iydemlopmmtm&epubhcmkrovt. From: Foster, Tom rmailto :tfoster(a)allenmatkins.coml Sent: Tuesday, May 20, 2014 10:58 AM To: Wisneski, Brenda Subject: Park Avenue Cafe Ms. Wisneski, I obtained your contact information from my good friend, Larry Tucker. As a resident of Balboa Island, I strongly support Park Avenue Cafe's efforts to modernize and expand. As I'm sure you are aware, Park Avenue Cafe is an institution on Balboa Island and has been sorely missed while it has attempted to renovate. As I understand it, there is a parking concern with the renovation. I can assure you, that I and most residents, simply walk to Park Avenue Cafe, which is one of its charms. I believe it currently has three parking stalls and most times I have visited Park Avenue Cafe, the stalls were not filled. In those instances when I have used my golf cart to visit Park Avenue Cafe, I have always, without exception, found a parking place in Park Avenue Cafe's parking lot or on the street directly in front of Park Avenue Cafe. I might also point out that all of the restaurants on Marine Avenue have no parking. I would be happy to answer any questions you may have relative to my experience at Park Avenue Cafe. My direct phone number is (949) 851 -5470. Thank you for your consideration. Thomas C. Foster Esq. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. PA2014 -047 From: Wisneski, Brenda Sent. Tuesday, May 20, 2014 11:44 AM To: 'Foster, Tom' Cc: Burns, Marlene Subject. RE: Park Avenue Cafe Thank you for your comments. I will forward your email to the Planning Commission for their consideration Brenda Wisneski, AICP Deputy Community Development Director (949) 644 -3297 City of Newport Beach I Plam im Division 100 Civic Center Drive I Newport Beach, CA 92660 A responsive, knowledgeable team ofpmfemwadsgw&ugcom =iydemlopmmtm&epubhcmkrovt. From: Foster, Tom rmailto :tfoster(a)allenmatkins.coml Sent: Tuesday, May 20, 2014 10:58 AM To: Wisneski, Brenda Subject: Park Avenue Cafe Ms. Wisneski, I obtained your contact information from my good friend, Larry Tucker. As a resident of Balboa Island, I strongly support Park Avenue Cafe's efforts to modernize and expand. As I'm sure you are aware, Park Avenue Cafe is an institution on Balboa Island and has been sorely missed while it has attempted to renovate. As I understand it, there is a parking concern with the renovation. I can assure you, that I and most residents, simply walk to Park Avenue Cafe, which is one of its charms. I believe it currently has three parking stalls and most times I have visited Park Avenue Cafe, the stalls were not filled. In those instances when I have used my golf cart to visit Park Avenue Cafe, I have always, without exception, found a parking place in Park Avenue Cafe's parking lot or on the street directly in front of Park Avenue Cafe. I might also point out that all of the restaurants on Marine Avenue have no parking. I would be happy to answer any questions you may have relative to my experience at Park Avenue Cafe. My direct phone number is (949) 851 -5470. Thank you for your consideration. Thomas C. Foster Esq. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s is intended only for the use of the intended recipient and may be confidential and /or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e -mail, and delete the original message and all copies from your system. Thank you. Correspondence Item No. 4b BURNS,MARLENE Park Avenue Cafe From: Wisneski, Brenda Sent. Thursday, May 22, 2014 9:15 AM To: Burns, Marlene Subject: FW: petitions Attachments: POSHOO.PDF; ATTOOOOI.thtm; 501 Park Ave Petition l.pdf; ATT00002.htm Item 4. There is also a link to an on -line survey which should be printed and scanned for distribution. From: Alexandra Robinson [ mailto:arobinson(&homgroup.comj Sent: Thursday, May 22, 2014 9:06 AM To: Wisneski, Brenda Subject: Fwd: petitions Hi Brenda, I still have some letters from local associations and another couple of sheets of the signed petition, but I wanted to get you what I had available already. Please see the attached signatures, and check the link for an online petition that I created. http: / /www.goi)etition.com/petitions/ waive - required - parkin?- spaces.html Have a great morning and I will definitely be talking to you again today:-) Best regards, Alexandra Robinson 949 - 701 -3939 alexgposhevents.net Begin forwarded message: From: "alexandra robinson :: posh" <alex(a,poshevems.net> Date: May 22, 2014 at 9:00:23 AM PDT To: Alexandra Richardson <alex(cr,poshevems.net> Subject: petitions Alexandra A. Robinson 949.701.3939 ph 949.554.1276 fx Eat, Drink & Be Merry ... All Year Round! Posh Events 2 c � � > % \ \ /\ / � � \ )\ _ 9$ © /{ \ §D % Q) \ � \ §\ 2 \{ \ 5: z 0/ \ 0a 2 z$ \\ \ \{ \\ ƒ2 /o[ »\ { \E (/ \ >< §} 20o go os E /\ 00 } /§ ;} / § : CL m f » —: b, / / v/ fGj ±/ B)` 7\ ;(D / 6= ) c \\) // @z3 \ � 4 w � ƒ.� IMT- � u 2 C U -. . 3 © ¥ . } . � t7 . ) � � e Im } \ � 4 w � � ƒ / ^ ' ^� z % \ 6 Q § u \ ' ƒ g a \a ± &a $ E / ) � \ � - ¥ \ \ % . / \ A I 2hl �1`�- �jrll as c U U �fl t � 5 0 y ❑ t 0' U C CL tn v a c a Q yc N L ❑ A� •W 0_ �, �o� a ❑r C7 G7 6 r fl O .n a Q ff o�¢ o Z . rn 0.2 g -C2a is c x [i As 0 Q a d f37 4 s E U $ LX v} C? �c i• tN 9= tc f i :�,�� 0 6m 5 gr A A 4 19 Y ,a 6m c 9 mY "0 3 CJ a a EM cu C C a .o zi D C 0 cr c7 as � i cl Mw 1Q �� tlY r L C 41 FX °c ' CL 2� v CIL �_C� i7 C CytZ 'a O C 7 x m 4 9� N C? 0 Q qj d c i Mw 1Q x m 4 Gi r' rC c ��� � � �� ;Q $ � ® _� � � ^��k � .w. )/. . 3 / � � � � � � i e � \ � . � � x � .� � . $ � � � � �. . � ƒ . � � � � � J . . k / � � �� � � . � � a � � \ � � \ � . � � � A �, » \ !�� � � 3. � & ?� . : � k ��. � � � \ � �� : m � � � �� / \ ` / � �� I_ \ k � � . . _ j \$ k \ i c §) \\ i 2 CL [ Ike )Q CL ? ƒa © i( 2 00 \ «§ 2 &% \ \ §f OL * � CL \ 2 \Ek 7\ §( 2(\ 2eo ° 7� \\ ks2 2 2\r /$ 0 k \ \ `)z 2§ 4£§ {\ Waive Required Parking Spaces Petition Page 1 of 1 Petition Tools Join Now I How to write I News I Testimonials I Start a Petition I Login Search Home I Bookmark I Tell Active petitions in over 75 countries Waive Required Parking Spaces Petition published by Park Avenue Cafe on May 17, 2014 59 Sionatures 0 Recommend Share people recommend this. Sign Up to see what your friends 5-0-01 �Aftlm recommend. Target: Residents on /near Balboa Island Region: United States of America Sign the petition Sponaoi O Tweet 0 0 Petition Background (Preamble): A request for a conditional use permit to waive the required parking spaces in association with the expansion of an existing restaurant. The restaurant proposes to expand its operations within the existing structure, utilizing a suite previously occupied by another use. No additional square footage is proposed. Petition: We, the undersigned, are concerned citizens who urge our leaders to act now to waive the required parking spaces in association with the expansion of an existing restaurant located at 501 Park Avenue, Newport Beach, CA 92662. Sign the petition The Waive Required Parking Spaces petition to Residents on /near Balboa Island was written by Park Avenue Cafe and is in the category Neighborhood Living at GoPetition. Contact author here. Petition tags: park avenue cafe, newport beach, restaurant, planning commission, additional parking Tell l Mao I Signatures I Views I Bookmark I Banners I Link I Tio Jar I Sponso r a Follow GoPetition ]pin Now Home I Petition Definition I Help (FAO) I Create a petition I Terms of use I Disclaimer I Privacy I About us I Contact us Site man I Start a petition I BJo4 I YouTube I Twitter I Facebook GoPetition © 2000 -2014 http: / /www.gopetition.com/petitions/ waive - required - parking- spaces.html 05/22/2014 Waive Required Parking Spaces - Petition signatures - Page: 1 Page 1 of 2 Petition Tools Join Now I How to write I News I Testimonials I Start a Petition I Login GoPetition Search Changing the World Home I Bookmark I Tell Active petitions in over 75 countries Follow GoPetition Waive Required Parking Spaces This petition was published by Park Avenue Cafe on May 17, 2014 loin Now Recommend 101 people recommend this. Sign Up to see what your friends recommend. Public Signature List + i ® Isearch sigs by las rGo Signatures 59 to 1 of 59 # N Name T To 59 S Sara Jarrett N New 58 A 57 D David Pratt N New 56 B Brian Liberto N New 55 S 54 B 53 L 52 K 51 A Anonymous C Cd 50 A Anonymous C Coro 49 R Randy Seton N New 48 A Jordan smith C Bea 47 J 46 L gins davis C Bea 45 g 44 S 43 C CS Palmer C Car 42 J Jessica Stewart H Hun Bea 41 A Andrea Carollo R Roy 40 A Anna Abbott N New 39 K Kit Carson N New 38 D David Zimmerman C Cos 37 H Heodi Vandmff O Ora 36 J Jim Deregt C Coro 35 T Taiza Wells N New 34 C Cindy Harcar D Dan 33 H Hollie Woods T Tern 32 T Tony Shaw N New 31 j john robinson b balb 30 M Michael Turrentine C Cos 29 C Craig Medici N New 28 a alexandra Taylor C Cos 27 S Stephanie Danner N New 26 K Kathy Donovan C Cool 25 C Chuck Galanti I Irvin 24 A Anonymous C Cos 23 L Linda English N New mesa California I N/G May 18, 2014 port Beach O tinge N/G May 18, 2014 http: / /www.gopetition.comlpetitionsl waive - required - parking- spaceslsignatures.html 05/22/2014 http: / /www.gopetition.comlpetitionsl waive - required - parking- spaceslsignatures.html 05/22/2014 Waive Required Parking Spaces - Petition signatures - Page: 1 22 21 Hefty Robinson I Newport Beach Calif View LANCE BOGGS MARONA DEL California N/G Jenieve Davenport Newport Beach Ca N/G tam holleman irvine CA N/G May 18, 2014 May 18, 2014 20 May 18, 2014 19 May 18, 2014 18 Eve Fletcher Costa Mesa 17 Robert Caustin Corona del Mar 16 Michele Mullen Newport Beach 15 Martha Gewertz Corona del Mar California N/G May 17, 2014 Ca View May 17, 2014 CA N/G May 17, 2014 CA N/G May 17, 2014 14 richard Flamson balboa island ca N/G May 17, 2014 13 Elizabeth Smith Newport Beach Ca N/G May 17, 2014 12 David Ow Costa Mesa CA View May 17, 2014 11 Kim Lincoln Newport Beach 10 Jon Dishon Newport Beach 9 Anonymous Costa Mesa 8 Nicole Csermak Costa Mesa 7 ]ayme Smith Orange 6 Brad VanDam Costa Mesa 5 Lisa Stanson Newport Beach 4 Anonymous Newport Beach Ca. N/G May 17, 2014 N/G May 17, 2014 N/G May 17, 2014 N/G May 17, 2014 View May 17, 2014 N/G May 17, 2014 California Ca CA Ca CA Orange N/G May 17, 2014 View May 17, 2014 CA 3 Jaimeson Johnson Costa Mesa CA N/G May 17, 2014 2 julius rizzotti newport beach ca View May 17, 2014 1 Alexandra Robinson Newport Beach CA i w May 17, 2014 N/G - not given by the signer N/C - field not collected by the author S /C /P - State, County or Province View - mouseover to view comment Dates displayed in the signature list are based an CST (GMT -6) and CDT (GMT -5) Anonymous signatures signify people who have chosen not to display their names publicly. Ii] A comment in red indicates that the signer has hidden their comment from public view. [1] Sian Petition I View Petition I Mao I Tell I Banners I Bookmark I Tip ]ar I Soonsor Page 2 of 2 Home I Petition Definition I Help (FAO) I Create a petition I Terms of use I Disclalmer I Privacy I About us I Contact us Site map I Start a petition I Bloc, I YouTube I Twitter I Facebook GoPetition © 2000 -2014 http: / /www.gopetition.comlpetitionsl waive - required - parking- spaceslsignatures.html 05/22/2014 Correspondence Item No. 4c BURNS,MARLENE Park Avenue Cafe From: Wisneski, Brenda Sent. Thursday, May 22, 2014 1:10 PM To: Burns, Marlene Subject: FW: Park Ave. Cafe Attachments: Alex letter 2014.doc; ATTOOOO1.htm For distribution. From: Alexandra Robinson [ mailto:arobinson(&homgroup.comj Sent: Thursday, May 22, 2014 1:04 PM To: Wisneski, Brenda Subject: Fwd: Park Ave. Cafe Here is a letter of endorsement from the merchants association. I have the signed original copy that I will bring to signed meeting tonight. Best regards, Alexandra Robinson 949 - 701 -3939 alex(a,Poshevents.net Begin forwarded message: From: Sheri Drewry <sheridreM@yahoo.com> Date: May 22, 2014 at 12:34:20 PM PDT To: "alex ,poshevents.net" <alex(a poshevems.net> Subject: Park Ave. Cafe Reply -To: Sheri Drewry <sheridrewry(nwahoo.com> Alex, here is the letter! Let me know if this works! Sheri BALBOA � a�.�' EAToPLAYoSHOP May 22, 2014 RE: Park Avenue Cafe Expansion To Whom It May Concern, As the president of the Balboa Island Marketing, Inc. I am writing a letter of Endorsement showing support for the city to waive the required parking spaces in association with remodel of Park Avenue Cafe. I understand that Park Avenue Cafe is not adding square feet or seats to the Restaurant. This restaurant Has been on the Island for years and many of their patrons are local, walking to this establishment from the neighborhood and not driving their cars. It has also been brought to our attention that the employees will be parking in the municipal lot across the ferry. With that being said we hope that you will allow Park Avenue Cafe to continue to upgrade their business and not require them to add additional parking spaces. Sincerely, Sheri A. Drewry BIMI President Correspondence Item No. 4d Pa k A, enue Cafe uY AV To City of Newport Beach Planning Commission and city rCounci PA2014 -047 We in the neighborhood and other frequenters of the Park Avenue Cafe on the corner of Park Avenue and Agate Ave., respectfully request that you approve the application of the owners and contractors for the improvement property the without any requirement for additional parking. Names Street address Street address cif 7 J�nnG WQ I' AA)AYP Sfvc L'14-1k./- Ca -I�v� &I Ib� -t' 12-3 V2 12-9 Vi G -arrep /que • B� Mar(an j`'lc-'Cowb Q fVAtEW5 W Z L��i�J'li Y u- l 5 e FrYs/I LO ClpCo 210k- Rog Zs 8 flE A ?,,*L AVIE. �S Ot sow $ Ay V 'CWp" -' G r dLU el N'6' lv� j i � Correspondence Item zc G Park Avenue cfe PgSmR7 ± @ \ \ 7 \\ / c §> 2 @ 5£ @ � Q /§ .. k o x £ CL Q) £® ■ 0 \ o Q\ m }a 2 2/{ ® 0 RR • 55 0 . A$ � p \ \f c &® » E� -� �\ \ \ &#[ a 0G »\ ~ { \[ (\ / \�� \\ @ > 0 {}2 %/ 3 \;! 2j 0 ®0 U� @f � 0 /U ) j)g a± e® S[\ / \ CL o=z be 0 f\ ƒ /§ cz� . (D , <!G ƒ\ � Correspondence Item zc G Park Avenue cfe PgSmR7 ■ \ .. k ■ 0 • � . � p V ~ / \ � ■ � � U ƒ cz� \ ■ Park Avenue Cafe Planning Commission Public Hearing May 22, 2014 pW •I411 l 111 [6 1111 [• Expansion of Existing Restaurant Conditional Use Permit Waiver of required parking 07113 /2012 Community Development Department - Planning Division MoRr 1;o3. Park Avenue — m Balboa Ali- C t At Am 11W MM Project Site '10M 49 o7/13 2012 ommunity eve opment epartment - anningivision 3 m • Balboa =� i aW ) R Gf 1,00" x: 5m 2 V: 07113 /2012 ?� J1tV : )7788 .7 Ji Bq )7C \ .i" J J7 J7 J MG h7\� v v 7j J J7 7� 3 W q 'J7J7J P, h lJS J7O 1 �J f`� ) )lJ JJ6 J p� ) JJV JV9 n ho h ) J p3 > 3 )l l ho a�J )J 0 Community Development Department - Planning Division Ir 11i O4 4 0 fen .MEN Restaurant established in 1961 ■ Use Permit approved 1977 for beer and wine 36o SF Net Public Area, 70 SF Outdoor Patio Sam to 8pm Four on -site spaces. No additional parking required. Other uses — Office, gift shop, art studio, z dwellings, 2 car garage. ■ Unpermitted expansion occurred after 1977 07/13/2012 Community Development Department - Planning Division 5 o�� Floor F ----------- O O $TIDIO 317 SF 59 S Community Development Department - Planning Division M P'norto za I PATrj \ AA S Q / I � I 07/13/2012 J STORAGE 1705- \� I � I � I PAWNG 4 SPACES EX STNG ZAL SF ra/ I I/ T - - - - -- I I I �cas+ I RESTROOMS L - - - -J I OFFMSTORAGE GARAGE 247 SF 371 SF I Community Development Department - Planning Division 7 Pronnseci Exnansic I r'r 1-� rT rr n . .. ^ -- - - � 1 Ld kJ �\ L9 Pi L- Pi �\ <YvY> / / .. .. \ r� i /e /i ^ �\ 40 SEATS /i �\\ < uy> Pg6KdG, I \ / r / �. ` <y1 (. 3 SPACES �r 11 COFFEE LJ J )-j rI 132 <^ T 239 SF Ii v I I I I O I I L�_J- 07/13/2012 Community Development Department - Planning Division GARAGE 288 SF lO I N / I � SEATS r u ) 5 SEATS �J� y )-( ^ice LL JJ r I L� LJ ' I rIr I Y LJLJ rir� rL �. Lr 1 LJLJ I \_ I rIVI Ii v I I I I O I I L�_J- 07/13/2012 Community Development Department - Planning Division GARAGE 288 SF lO I N Vv� 39 SR 1 J S Ii v I I I I O I I L�_J- 07/13/2012 Community Development Department - Planning Division GARAGE 288 SF lO I N �dEW�R> A a a History of Building Use cqC /FORN�P Restaurant Parking Public Other ■ , Gift Shop (UP 36o SF 70 SF Office 12 spaces (UP 1834) Art Studio Prior to 2013 665 SF 503 SF Office /Retail 21 spaces (Unpermitted) Proposed 744 SD 673 SF Take Out 26 spaces 07/13/2012 Community Development Department - Planning Division 9 7 pl Ah Is the use compatible? Appropriate hours (8am to 8pm) Within walking /biking environment No live entertainment /dancing 07/13/2012 Community Development Department - Planning Division 10 As compared to 1977 conditions, 14 park space waiver required ■ As compared to 2013 operations, 5 parking space waiver required. Parking for current operations accommodated within existing supply Maintain same number of seats Increased parking demand could be addressed by employees parking remotely 07/13/2012 Community Development Department - Planning Division 11 Approve Conditional Use Permit No UP2014 -009 07/13/2012 Community Development Department - Planning Division 12 For more information contact: Brenda Wisneski, Deputy Community Development Director 949-644-3297 bwisneski@newportbeachca.gov www.newportbeachca.gov