HomeMy WebLinkAbout20210416_CDD_Action LetterCOMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION
LETTER
Subject: Balboa Grill (PA2020-328)
▪Staff Approval No. SA2020-006
Site Location 320 Marine Avenue, Units A and B (1st Floor)
Applicant Magellan Architecture
Legal Description Lot 11, Block 14, Section 4, Balboa Island Tract
On April 16, 2021 the Community Development Director approved Staff Approval No.
SA2020-006. This approval is based on the findings and subject to the following conditions.
PROJECT SUMMARY
A staff approval for a determination of substantial conformance with Planning Director's
Use Permit No. UP2010-014 (PA2010-079) to allow the renovation of an existing eating
and drinking establishment (formerly Picante Martin's Mexican Restaurant) on the ground
floor of a mixed-use building. The proposed physical improvements include the following:
•Expansion of the kitchen into an existing 290-square-foot residential storage area
along with an addition of 72 square feet.
•Conversion of the existing interior dining area to a fully covered exterior dining
area with up to twelve (12) seats and 345-square-feet of net public area,
consistent with existing operating conditions.
•Update of restrooms to meet accessibility standards.
•Upgrade of utilities and appliances.
•Exterior improvements to the façade and a new awning over the outdoor dining
area.
The proposed renovation would increase the existing nonresidential gross floor area by
156 square feet, but is not space that would be accessible to patrons. Hours of operation
would remain between 9:30 a.m. to 8:30 p.m., seven days a week. No alcohol service or
late hours are requested.
This approval is based on the following findings and subject to the following conditions.
LAND USE AND ZONING
•General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
•Zoning District: Mixed-Use Water (MU-W2)
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•Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)
•Coastal Zoning District: Mixed-Use Water (MU-W2)
BACKGROUND
Planning Director’s Use Permit No. UP2010-014 (PA2010-079) was approved on November
10, 2010, to allow an existing take-out restaurant to change to a full-service, small-scale
restaurant. Several conditions of approval were put in place with the approval of UP2010-
014. Some of those include:
•Condition No. 10 requires the existing parking space located on site to be used for
the parking of vehicles at all times.
•Condition No. 12 indicates the net public area is limited to 351 square feet in area.
•Condition No. 13 indicates that a maximum seating and/or stand-up counter space
for no more than 15 customers shall be maintained at the establishment.
•Condition No. 18 indicates the hours of operation are from 9:30 a.m. to 8:30 p.m.,
seven days a week.
A full listing of the approved findings and conditions of approval under UP2010-014 is
provided in Attachment No. CD 2.
PROPOSED CHANGES
The applicant requests a staff approval for a determination of substantial conformance to
allow the renovation of an existing eating and drinking establishment (formerly Picante
Martin’s Mexican Restaurant).
The proposed renovation would convert a residential storage area and includes a small
addition to accommodate a kitchen expansion. The total net public area for the
establishment decreases by 6 square feet with the project. The dining area would also be
relocated from the inside to entirely outdoors. No portion of the project would extend onto
the public right of way and all operations and improvements would continue to be within
the private property. Proposed net public area is 345 square feet, whereas the existing
is 351 square feet. The exterior elevations of the establishment would be updated,
including a new awning to cover the outdoor patio area.
The establishment would adhere to the original operational characteristics and conditions of
approval with a maximum net public area of 345 square feet and 15 outdoor dining seats.
The restaurant’s gross floor area would increase by 156 square feet for a total of 1,117
square feet, which is below the maximum allowed nonresidential floor area ratio of 0.5 (1,126
square feet). Because the proposed improvements to the restaurant do not increase the
existing net public area, no additional parking is required. The establishment would maintain
the existing operational characteristics and hours of operation from 9:30 a.m. and 8:30 p.m.,
seven days a week.
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I.FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project) of the Newport Beach
Municipal Code (NBMC), the Community Development Director may authorize minor
changes to an approved site plan, architecture, or the nature of the approved use, or refer
the requested change to the Zoning Administrator, without a public hearing, and waive
the requirement for a new use permit application. The approval and waiver of a new use
permit application is based on the following findings and facts in support of the findings.
Finding:
A.The changes are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1.Eating and drinking establishments are a permitted use in the MU-W2 zoning district,
subject to approval of a use permit. The existing establishment received approval of
UP2010-014 on November 10, 2010. The proposed changes are consistent with the
operational characteristics and conditions allowed by UP2010-014, including net
public area, seating, and parking.
2.The proposed gross floor area of the restaurant is 1,117 square feet, a 156-square-
foot increase from the existing gross floor area. This added area is exclusive to non-
customer area (kitchen, storage, etc.) and complies with the maximum nonresidential
floor area limit of 0.5. Setbacks would be respected for the property with the new
addition and awning improvements.
3.The property is in the coastal zone, but a coastal development permit is not required
per Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of the NBMC. The subject structure and use are existing and the tenant
improvement does not intensify the use of the structure, as there is no expansion to
the number of seats or size of the dining area.
Finding:
B.The changes do not involve a feature of the project that was a basis for or subject of
findings or exemptions in a negative declaration or Environmental Impact Report for
the project.
Facts in Support of Finding:
1.The prior approval was determined to be categorically exempt from the requirements
of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities),
which exempts minor alterations to existing facilities involving negligible expansion of
use beyond that existing at the time of the lead agency’s determination. The proposed
dental implant center will be located within an existing development with only minor
alterations required to accommodate the use.
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2.The proposed project involves the renovation of the existing establishment and
qualifies for a categorical exemption from CEQA under Class 2, Replacement or
Reconstruction. The Class 2 exemption includes the replacement or reconstruction of
a commercial structure with a new structure of substantially the same size, purpose,
and capacity.
Finding:
C.The changes do not involve a feature of the project that was specifically addressed or
was the subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1.The proposed changes do not involve a feature that was specifically addressed in staff
report of UP2010-014. Conditions were intended to limit the size and operation of the
business, so that parking supply would be adequate for the level of demand. The
proposed remodel will not increase the overall net public area but will instead swap
the interior net public area for outdoor dining patio area. The renovation’s exterior
seating areas does not exceed the existing number of seats. There is not a substantial
change proposed by the project because the total net public area will not increase and
additional off-street parking will not be required.
2.The project will comply with all existing conditions of approval under Use Permit no.
UP2010-014 which limit net public area, seating, and hours of operation.
3.The proposed net public area is 345 square feet, which is within the allowed amount
of 351 square feet.
4.The maximum number of seats is 15, which is identical to that currently allowed.
5.The hours and days of operation for the existing restaurant will remain the same (9:30
a.m. to 8:30 p.m., seven days a week), which limits any noise impacts on the
neighboring residential uses. These hours of operation are the same as the existing
restaurant approved under Use Permit No. UP2010-014
Finding:
D.The changes do not result in an expansion or change in operational characteristics of
the use.
Fact in Support of Finding:
1.The remodel of the establishment to reconfigure an expanded kitchen an exterior dining
area does not represent a substantial change in the operational characteristics of the
existing eating and drinking establishment. The proposed restaurant is consistent with
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the previously approved restaurant use as the existing number of seats and net public
area are not exceeded. Additionally, there is no additional parking requirement.
Therefore, the proposed changes do not result in an expansion or change in operational
characteristics of the use.
II. DETERMINATION
This Staff Approval has been reviewed and a determination has been made that the
proposed change is minor in nature and in substantial conformance with the original
approval.
III. CONDITIONS
All previous conditions of approval of UP2010-014 shall remain in full force and effect
as stated in Attachment No. CD 3. The following conditions are specific to this Staff
Approval and do not serve to modify or amend those conditions of the original permit:
1.The development authorized by this staff approval shall be in substantial
conformance with the approved project plans.
2.All previous conditions of approval of Use Permit No. UP2010-014 (PA2010-079)
shall remain in force and effect.
3.A building permit shall be obtained prior to commencement of the construction. A
copy of this approval letter shall be incorporated into both the Building Division and
field sets of plans prior to issuance of the building permits.
4.Final washout area design shall ensure that site storm drainage will not be directed
to the washout area drain that is connected to the sewer system.
5.Final design of trash enclosure exterior wall adjacent to the side property line shall
be fire rated construction with no openings per CBC Table 602 & Table 705.8 and
not attached to adjacent site wall located on other property.
6.The development shall comply with disabled access requirements.
7.Per California Fire Codes 304.3.3 and 304.3.4, trash enclosures within the building
or within 5 feet of the building shall be protected with sprinklers.
8.All improvements shall be constructed as required by Ordinance and the Public
Works Department.
9.No above ground improvements are permitted within the 5-foot alley setback area.
10. An encroachment permit is required for all work activities within the public right-of-
way.
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11. 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.
12. Staff Approval No. SA2020-006 shall expire unless exercised within 24 months from
the end of the appeal period as specified in Section 20.64.020 (Appeals or Calls for
Review) of the Newport Beach Municipal Code.
13. 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 Balboa
Grill (PA2020-328) including, but not limited to, Staff Approval No. SA2020-006.
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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or City Clerk, as applicable, within fourteen (14) days following the date the
action or decision was rendered unless a different period of time is specified by the Municipal
Code. For additional information on filing an appeal, contact the Planning Division at 949-
644-3200.
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Prepared by:
BMZ/pda
Attachments: CD 1 Vicinity Map
CD 2 UP2010-014 Conditions of Approval and Existing Plans
CD 3 Proposed Project Plans
Attachment No. CD 1
Vicinity Map
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VICINITY MAP
Staff Approval No. SA2020-006
(PA2020-328)
320 Marine Avenue, Units A and B (1st Floor)
Subject Property
Attachment No. CD 2
UP2010-014 Conditions of Approval and
Approved Plans
Attachment No. CD 3
Project Plans