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Abbondanza Pizza Co (PA2003-074)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 May 8, 2003 TO: PLANNING COMMISSION FROM: William Cunningham, Contract Planner (949) 644 -3200 SUBJECT: Abbondanza Pizza Co. (PA2003 -074) 514 W. Balboa Boulevard Amendment to Use Permit No. 2002 -014 to authorize the sale of alcoholic beverages (Type 41: beer and wine) for on -site consumption pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance and to permit the increase in seating at an existing restaurant. The request includes a waiver of off - street parking requirements. APPLICANT: Brian and Lisa Matejka 514 W. Balboa Boulevard Newport Beach, CA 92661 ISSUE: Should the Planning Commission approve an Amendment to Use Permit No. 2002 -014 to authorize the sale of beer and wine for on -site consumption at an existing restaurant pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance, to permit the increase in seating from 20 to 38 seats and to waive the off - street parking requirements? RECOMMENDATION: Hold a public hearing and approve an amendment to Use Permit No. 2002 -014 (PA2003 -074) for the sale of alcohol and not for the increase in seating subject to the findings and conditions of approval within the draft resolution for project approval (Exhibit No. 1). VICINITY MAP 514 W. Balboa Boulevard Amendment to Use Permit No. 2002 -014 (PA2003 -074) Current Development: Restaurant use on the street level with two residential units on the second -story level To the north: Residential uses across an alley 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 DISCUSSION: Site/Project Overview & Background: The site is an existing two -story building with two residential units on the second floor, and a small restaurant located on the first floor. The only off - street parking provided on Abbondanza Pizza Co.(PA2003 -074) May 8, 2003 Page 2 of 8 the site consists of two enclosed garages that are accessed from the alley. Use Permit No. 915 was approved in 1966 that allowed the construction of two residential units over the commercial space with a condition requiring three enclosed garages. The restaurant use was originally approved in 1995 under Specialty Food Service No. 26, and was operated at a bakery/deli with a limit of 20 seats (14 seats on the interior and 6 seats in the patio area. As a result of a change of ownership in 2002, an inspection by the Orange County Health Department noted that one of the garages was being used for storage purposes. In order to legalize the storage use and removal of the parking space, it was necessary for the owner to apply for a use permit to allow a parking waiver and to authorize the increase in the expansion of the commercial area (increase in Floor Area Ratio). On July 18, 2002, the Planning Commission adopted Resolution No. 1564 approving Use Permit No. 2002 -014 for the applicant's request. Under that action, it was stipulated that one of the remaining parking spaces is dedicated to the restaurant and one space dedicated to the residential use of the property. The applicant is requesting that the use permit be amended to allow the sale of alcoholic beverages (Type 41: beer and wine) for on -site consumption, and to permit the increase in seating from 20 seats to 38 seats. The request for the increase in seating requires a waiver of off- street parking requirements. Analysis: Alcoholic Beverage Outlet Ordinance The Type 41 (On -Sale Beer and Wine) alcoholic beverage license permits the on -site consumption of alcoholic beverages in conjunction with eating places. In accordance with Section 20.89.030A of the Alcoholic Beverage Outlet (ABO) Ordinance, a new use permit is required for a new Type 41 license. The ABO requires the Planning Commission to consider the following: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the countywide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Public Convenience or Necessity. The service of alcoholic beverages in conjunction with a full service restaurant is typical and is expected by the public. Approval of the sale of alcohol will serve the public's convenience as opposed to the public necessity. Abbondanza Pizza Go.(PA2003 -074) May 8, 2003 Page 3 of 8 Crime Rate. Citywide, there were 6,979 crimes reported during calendar year 2002, of which 3,092 were Part One Crimes (serious offenses). The remaining 3,887 were Part Two Crimes that include alcohol related arrests. The project site is located within Police Reporting District No. 12, and the part one crime rate for the RD, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No 12: 6725.66 CitV Average: 4086.6 RD No. 11: 2534.40 1 California: 3902.9 RD No. 13: 5637.66 1 National: 4160.5 During 2002, the number of Part One Crimes in RD No. 12 was 114 and the number of Part Two Crimes was 137. Adjacent Reporting Districts are Nos. 11 and 13.: RD No. 11 had 35 Part One and 71 Part Two Crimes; and RD No. 13 had 103 Part One and 145 Part Two Crimes. A map of the reporting districts is attached to the Police Report (Exhibit No. 4). The number of total crimes reporting within the RD of the subject project site is higher than the two adjacent RD's. The 251 total crimes are approximately 36.7% higher than the average crimes reported by reporting district. The Police Department notes that the actual amount of crimes in the area is not considered significant and they do not anticipate any increase in the crime rate due to the change in license type and the Police Department has no serious objections to the proposed operation. Over Concentration. There are 28 active alcoholic beverage licenses in police Reporting District No. 12. The request will result in one additional ABC license. Many of the existing licenses are for eating and drinking establishments, and the increase in one additional license for the on -site consumption of beer and wine in conjunction with a restaurant is not considered to be an over concentration of alcoholic beverage licenses in the area. Alcohol - Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 12 driving under the influence arrests. and 37 plain drunk arrests within RD No. 12 (totaling 49 DUI /Drunk arrests) during this same period as compared to 1,608 for the entire City. This RD amounts to 2.8% of the DUI/Drunk arrests made in the City. RD No. 11 had 10 DUI/Drunk arrests and RD No. 13 had 57 DUI /Drunk arrests. The rate within RD No. 12 is lower than the citywide average and the adjacent RD No. 13; but higher than the adjacent RD No. 11. The DUI /Drunk arrest rate within the RD is not considered to be significantly high, and the Police Department does not believe that the proposed use will generate a significant number of alcohol - related incidents. Adiacent Uses. The site is located within the mid - Balboa Peninsula area and is adjacent to residential uses. The Police Department does not object to the proposed hours of operation, which are to close at 10:00 pm Thursday through Sunday, and 9:00 pm Monday through Wednesday. No schools, playgrounds or other similar sensitive uses are adjacent or within close proximity to the site. Abbondanza Pizza Co. (PA2003 -074) May 8, 2003 Page 4 of 8 Conclusion: The Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security is required and has no objections to the request. The Police Department does recommend 4 standard conditions related to the sale and consumption of alcohol to ensure compatibility of the use with its environs. These conditions are routinely required of alcoholic beverage outlets and are contained within the draft resolution for project approval. Upon project approval, the Police Department will transmit the conditions of approval related to the service of alcohol to the State Department of Alcoholic Beverage Control (ABC) consistent with this Use Permit, Parking WaiverlSeating Applicant proposes to modify the interior of the restaurant by removing the beverage cooler and dispenser and adding an additional table and counter seating, and proposes to add two tables in the patio area, resulting in a total of 38 seats. The current Use Permit restricts the total seating to 20. (Note: plans submitted by the applicant indicate that 28 seats are currently existing. According to the applicant, he was not notified by the previous owner or leasing agent that the business was restricted to 20 seats and he purchased the business with the 28 seats). The change in the number of seats from the existing 20 to 38 changes the classification of the restaurant to full service high turnover. The parking regulations of the Zoning Code provides that full service, small - scale restaurants shall provide one parking space for every three seats, resulting in a parking requirement of 7 spaces for the existing 20 seats. The parking requirement for a full service high turnover restaurant is within a range of one space per 30 square feet to one space per 50 square feet of net public area. There is approximately 300 square feet of interior space that is used for public dining area, and 182 square feet on the patio, for a total of 482 square feet of net public area. Using a mid -range standard of 1 space per 40 square feet of net public area, the restaurant would require 13 parking spaces, which is six spaces more than the current requirement, and 11 more than the existing number of spaces (as noted above, the property has two enclosed garages). In order to grant the parking waiver, Zoning Code Section 20.66.100(A) permits the Planning Commission to modify or waive the number of off - street parking if one or more are met: A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site. No municipal parking lot is located in the immediate vicinity of the restaurant, however, on- street parking is provided along Balboa Boulevard, including the metered parking located along the median island. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. Abbondanza Pizza Co.(PA2003 -074) May 8, 2003 Page 5 of 8 Even though the site consists of the restaurant on the ground floor and the two residential units above, no off - street parking, other than the two enclosed garages, is provided, and simultaneous use occurs. This provision does not apply to this situation. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20,66.100(B). A parking management plan has not been approved for the project site. 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030, b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. As noted above, the increase in seating will generate an increase in parking required for the business by an additional 6 spaces (7 spaces currently required; 13 spaces required for the proposed increase in 18 seats). The applicant has submitted documentation to justify the increase in seating relative to parking on the basis that the restaurant is designed to serve the locals of the mid - Balboa area, who will walk or bike to the establishment, and the weekend lunch service will accommodate the beach - going public who will already be parked in the area, thereby not creating additional parking demand. A related issue to the increase in seating is the need for a building permit, As proposed, the applicant does not intend to change the business, and the only interior modifications will be the removal of a drink cooler and soda dispenser in the dining room. However, increasing the number of seats will result in more meals being prepared, and could result in the need for a larger grease interceptor. If determined by the Building Department that a larger grease interceptor is required, the applicant should be aware that the installation cost may be high or prohibitive. Hours of Operation Use Permit No. 2002 -014 does not include a restriction on hours of operation. However, Specialty Food Service No. 26 did establish hours of operation from 7:00 am to midnight, seven days per week. Applicant proposes to have dinner service seven days a week, with lunch service only on Saturdays and Sundays, and proposes the following hours of operation: Monday through Wednesday - 4:00 pm to 9:00 pm Thursday through Friday - 4:00 pm to 10:00 pm Saturday and Sunday - 11:00 am to 10:00 pm Abbondanza Pizza Co. (PA2003 -074) May 8, 2003 Page 6 of 8 The Police Department has reviewed the requested hours of operation and has no objections to those proposed by the applicant. Staff believes the hours are reasonable, and a condition has been included in the draft Resolution stipulating the foregoing hours. Entertainment The applicant states that there will be no live entertainment and/or dancing. Pre- recorded background music is proposed. However, given the close proximity of the residential units over the commercial uses on site and to the east, as well as the residential to the west, staff recommends that recorded music or use of audio equipment not be permitted in the patio area and a condition has been included in the draft Resolution. 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 Structures). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. Public Notice: Notice of this hearing was published in the Daily Pilot with the agenda, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION: The proposed sale of beer and wine in conjunction with the restaurant is reasonable and staff believes that the proposed alcoholic beverage outlet will not prove detrimental to the community and that all findings for the approval of a Use Permit can be made. With respect to the request for increased seating, staff believes that the evidence submitted does not support the findings for a parking waiver. Therefore, staff is recommending that the request with respect to the ABO be approved, but that the portion requesting an increase in seating be denied. Alternatives: Should the Planning Commission believe that the project may be detrimental to the community, the Commission can suggest further conditions to mitigate specific concerns related to the service of alcohol or deny the request. The Planning Commission can also determine, after taking public testimony and any additional evidence that the parking waiver is acceptable and is justified in order to Abbondanza Pizza Co. (PA2003 -074) May 6, 2003 Page 7 of 8 permit the additional requested seating, in which case it would be appropriate to adopt a Resolution with findings for approval of the parking waiver. Staff has included an alternate Resolution that includes findings for approval of both the ABO and seating increase /parking waiver (included as Attachment No. 2). Submitted by: PATRICIA L. TEMPLE Planning Director P EXHIBITS Prepared by: WILLIAM CUNNINGHAM Contract Planner 1. Draft Resolution for project approval (includes conditions) 2. Alternate Draft Resolution for project approval (includes conditions) 3. Applicanfs project description & operational plan 4. Police Department report 5. Project Plans Abbondanza Pizza Co. (PA2003 -074) May 8, 2003 Page 8 of 8 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO USE PERMIT NO. 2002 -014 FOR PROPERTY LOCATED AT 514 W. BALBOA BOULEVARD (PA2003 -074). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Brian and Lisa Matejka, with respect to property located at 514 W. Balboa Boulevard, requesting approval of an Amendment to Use Permit No. 2002 -014 for a Type 41 (On -Sale Beer and Wine- Eating Place) alcoholic beverage license pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and to permit the increase in seating to 38 seats. The site is designated Retail & Service Commercial by the General Plan Land Use Element, and Residential and Service Commercial with a Residential Overlay District (RSC -R) by the Zoning Code. Section 2. A public hearing was held on May 8, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of 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 City's General Plan designates the site as Retail & Service Commercial. The Zoning Code designates the site as Retail and Service Commercial with a Residential Overlay District (RSC -R), which designates the site for commercial uses. Eating and Drinking Establishments are permitted uses within the General Plan and the Zoning Code designations. 2. The service and consumption of alcohol at the proposed restaurant pursuant to a Type 41 Department of Alcoholic Beverage Control license, under the conditions which it will be operated and maintained 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 for the following reasons: a. The convenience of the public will be served as alcohol service is typical and expected by the public in conjunction with a full - service restaurant; b. The crime rate and alcohol- related incidents in the police reporting district and adjacent reporting districts is not likely to increase because of the proposed use; c. The number of alcohol licenses within the reporting district is increasing by one, and the total number of existing and proposed new alcoholic licenses in the area is not excessive; Exhibit No. 1 A Planning Commission Resolution No. Page 2 of 6 d. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site; e. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages upon nearby uses and the community. 3. The request as it pertains to the increase in seating is hereby denied in that the request would result in an increase in off - street parking demand, and the mandatory finding(s) contained in Zoning Code Section 20.66.100(A) cannot be met. 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). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -011, subject to the Conditions set forth in Exhibit "A." 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 8'h DAY OF MAY, 2003. AN M Steve Kiser, Chairman Shant Agajanian, Secretary AYES: EXCUSED: NOES: �t Planning Commission Resolution No. 3of6 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2002-014 Amendment to Use Permit No. 2002 -014 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. Should this alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee or business operator. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 3. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The project shall be in substantial conformance with the approved plot plan, floor plan and elevations. The total seating shall not exceed 20. 5. The delivery of alcoholic beverages for consumption off - premises is prohibited. 6. There shall be no live entertainment and/or dancing at any time. 7. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 8. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas, surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 9. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on -site consumption only, and only in conjunction with the service of food as.the principal use of the facility. \` Planning Commission Resolution No. Page 4 of 6 The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the alcoholic beverage license type shall be subject to the approval of an amendment to this Use Permit and may require the approval of the Planning Commission. 10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this Permit. 11. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 12. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later .time, which include the service of alcoholic beverages, without first obtaining a Special Event Permit issued by the City. 13. The applicant and or operator shall not share any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sale of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 15. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 11 Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:00PM 7:OOAM Location Interior Exterior Interior I Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 11 Planning Commission Resolution No. Page 5 of 6 16. There shall be no exterior advertising or signs of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 17. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 18. 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. 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 Department. Cleaning and maintenance, of trash dumpsters, shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 20. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 21. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 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 Planning Director, and may require an amendment to this use permit. 23. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 24. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 26. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 1� Planning Commission Resolution No. Page 6 of 6 27. Upon adoption of this resolution, Planning Commission Resolution No. 1564 for Use Permit shall become null and void. ,a RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO USE PERMIT NO. 2002 -014 FOR PROPERTY LOCATED AT 514 W. BALBOA BOULEVARD (PA2003 -074). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Brian and Lisa Matejka, with respect to property located at 514 W. Balboa Boulevard, requesting approval of an Amendment to Use Permit No. 2002 -014 for a Type 41 (On -Sale Beer and Wine -Eating Place) alcoholic beverage license pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and to permit the increase in seating to 38 seats. The site is designated Retail & Service Commercial by the General Plan Land Use Element, and Residential and Service Commercial with a Residential Overlay District (RSC -R) by the Zoning Code. Section 2. A public hearing was held on May 8, 2003 in. the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of 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 City's General Plan designates the site as Retail & Service Commercial. The Zoning Code designates the site as Retail and Service Commercial with a Residential Overlay District (RSC -R), which designates the site for commercial uses. Eating and Drinking Establishments are permitted uses within the General Plan and the Zoning Code designations. 2. The service and consumption of alcohol at the proposed restaurant pursuant to a Type 41 Department of Alcoholic Beverage Control license, under the conditions which it will be operated and maintained 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 for the following reasons: a. The convenience of the public will be served as alcohol service is typical and expected by the public in conjunction with a full- service restaurant; b. The crime rate and alcohol - related incidents in the police reporting district and adjacent reporting districts is not likely to increase because of the proposed use; c. The number of alcohol licenses within the reporting district is increasing by one, and the total number of existing and proposed new alcoholic licenses in the area is not excessive; Exhibit No. 2 1 Planning Commission Resolution No. Paae 2 of 6 d. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site; e. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages upon nearby uses and the community. 3. An increase in seating is hereby approved to include up to 38 seats and a resultant parking waiver is acceptable in that there is existing parking on street, both metered and non - metered, in close proximity to the restaurant; the surrounding area contains very limited number of commercial establishments that require off- street parking; the nature of the applicant's business is that it operates primarily with a dinner menu with peak parking demand occurring during the evening hours when there is less parking demand in the area; the applicant's clientele consists of mostly neighborhood residents who will likely walk or bike to the restaurant, thus reducing parking demand; and lunches are limited to weekends only and will provided primarily for local beach goers and other local residents thereby not creating additional parking demand. 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). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -011, subject to the Conditions set forth in Exhibit "A." 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 a DAY OF MAY, 2003. IM ON Steve Kiser, Chairman Shant Agajanian, Secretary AYES: EXCUSED: NOES: L Planning Commission Resolution No. 3of6 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2002-014 Amendment to Use Permit No. 2002 -014 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Bead Municipal Code, unless an extension is otherwise granted. 2. Should this alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee or business operator. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 3. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The project shall be in substantial conformance with the approved plot plan, floor plan and elevations. The total seating shall not exceed 38. The delivery of alcoholic beverages for consumption off - premises is prohibited. 6. There shall be no live entertainment and/or dancing at any time. 7. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 8. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 9. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. \1 Planning Commission Resolution No. Page 4 of 6 The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the alcoholic beverage license type shall be subject to the approval of an amendment to this Use Permit and may require the approval of the Planning Commission. 10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this Permit. 11. ' A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specked in the Newport Beach Municipal Code to require such permits. 12. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining a Special Event Permit issued by the City. 13. The applicant and or operator shall not share any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sale of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 15. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: t6 Between the hours of Between the hours of TOOAM and 10:00PM and 10:OOPM 7:OOAM Location Interior Exterior Interior I Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property NIA 65dBA N/A 6OdBA t6 Planning Commission Resolution No. Page 5 of 6 16. There shall be no exterior advertising or signs of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 17. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 18. 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. 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 Department. Cleaning and maintenance, of trash dumpsters, shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 20. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 21. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 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 Planning Director, and may require an amendment to this use permit. 23. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 24. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 26. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 1A Planning Commission Resolution No. 6 of 6 27. Upon adoption of this resolution, Planning Commission Resolution No. 1564 for Use Permit shall become null and void. 11b EXHIBIT 3 APPLICANT'S PROJECT DESCRIPTION AND OPERATIONAL PLAN Xk Submitted To: Newport Beach Planning Department Patricia Temple, Planning Director James Campbell, Senior Planner Gregg Ramirez, Assoc. Planner CITY OF NEWPORT BEACH PLAN OF INVENT Commercial - Restaurant Site (formerly Cafe Italiano) 514 W. Balboa Blvd. Balboa, CA 92661 Submitted By: Dennis Stout, Consultant, Dependable Business Services Brian Matejka, General Partner, Abbondanza Pizza Co. March 4, 2003 W TABLE OF CONTENTS I. Plan of Business Intent Summary ....... ..............................1 II. Letter of Business Intent — Abbondanza Pizza Bistro .......... 2 III. Change to Conditional Use Permit Summary ....................3 IV. Request to Amend Specialty Food Service Permit #26....4 -5 V. Outside Patio Service — Food, Beer & Wine ....................6 VI. Site History (514 W. Balboa Blvd.) .............................7 VII. Site Economics (Cafe Italian) ...... ..............................8 VIII. About the Owners .................... ..............................9 Attachment #1 (Sidewalk Cafe Standards — Policy L- 21)...10 -14 Attachment 42 (Specialty Food Service Permit #26) ......... 15 -17 Attachment #3 (Brokers Listing) ........ .............................18 Attachment #4 (Use Permit # 2002 - 014) ......................... 19 -22 Attachment #5 (Guest List/Guest Requests) .................... 23 -25 Attachment 96 (Restaurant Operating Budgets) ...............26 -27 Attachment #7 (Site Plan — 514 W. Balboa Blvd.) ................28 Attachment #8 (Confirmation of Parking Availability).......29 -30 �3 I. PLAN OF INTENT SUMMARY OVERVIEW: The intent of the new owners of the Italian/Pizza business on 514 W. Balboa Blvd. (formerly Cafe Italiano) is to create a full- service,- casual restaurant business with reasonable pricing for both locals and tourists. Restaurant Business will serve a full - service pizza/pasta dinner menu to the locals of the Mid - Balboa area, and a limited - service weekend lunch menu to serve the tourists of Newport Beach. Owners are requesting a change in the Conditional Use Permit that will allow them to serve more guests (from 20 guests to 38 guests). Owners are also seeking a Beer & Wine license, Type #41, Beer & Wine Eating place, with City and County authorities. This site has been a location of 4 failed Italian/Pizza businesses, and the new owners hope to "right the course ". They look forward to providing three services to the City of Newport Beach: 1) To provide a food service establishment to the locals and tourists of Newport Beach; 2) To provide a growing tax base to the City of Newport Beach; 3) To provide employment opportunities for the locals of Newport Beach. They look forward to your consideration. SPECIFICS: ➢ ADDRESS: 514 W. Balboa Blvd., Balboa, CA 92661 ➢ SITE BUILT: 1964 ➢ LAND USE: 129 Com (Stores & Residential) ➢ LOCATION: East Newport, Block 3, Lot 15 ➢ PARCEL NUMBER: 048- 071 -10 ➢ CENSUS TRACT: 628.00 HOURS OF OPERATION: ➢ Dinner: Mon. — Wed. 4:00 p.m. to 9:00 p.m., Thur. — Sun. 4:00 p.m. to 10:00 p.m. ➢ Lunch: Sat. — Sun. 11:00 a.m. to 3:00 p.m. TYPE OF OPERATION: ➢ Full Service Restaurant — Dinner Menu ➢ Limited Menu Lunch Service — Paper "Quick Serve" ➢ DINNER: Pizza, Pastas, Salads, Sandwiches, Sodas, Beer & Wine ➢ WEEKEND LUNCH: Slices of Pizza, Pasta, Salads, Sandwiches, & Sodas ➢ TAKE -OUT: Available at Lunch and Dinner TYPE OF ENTERTAINMENT: ➢ Stereo Music only — Mostly Swing, Jazz, Italian, & Vocals from the 40's and 50's -1- a`� II. LETTER OF BUSINESS INTENT The intent of the new owners of the Italian/Pizza business on 514 W. Balboa Blvd. (formerly Cafd Italiano) is to create a full- service, casual restaurant business with reasonable pricing for both locals and tourists. The new owners (Brian & Lisa Matejka) were looking to start their Italian/Pizza restaurant concept in an Orange County beach community, and viewed sites over the last year from Huntington Beach to San Clemente. They were excited to find a location that suited their needs in Balboa, as they had viewed Newport Beach as the optimal city to start this Italian Restaurant. They have a good understanding of the city, as they have previously lived in and got married in Newport Beach. In addition, Brian's parents owned a restaurant business in Newport Beach in the 1970's, so they are excited to carry on the tradition (See Page 9 — About the Owners). The name of the new business is Abbondanza Pizza Bistro. Abbondanza means "abbundant" in Italian. As you may imagine, the owners are not only bringing in a new name, but an improved menu and a higher level of service. This restaurant concept is not an overnight initiative, but a concept that the owners have been developing over the past three years. Their goal is to serve abbundant food and flavor to the locals of Mid - Balboa. The new menu will include gourmet pizzas, home -style pastas, creative sandwiches, and delicious salads. The Pizza crusts will feature New York Thick Crust, . Chicago Deep Dish and California "Balboa" Thin Crust. The restaurant atmosphere will include representation of all three of these cities from the 1940's and 1950's, with black and white historical pictures and antiques. Music such as Italian, Swing, Jazz, and Vocals (Frank Sinatra, Tony Bennett, etc.) from the 40's and 50's era, will bring a warm casual atmosphere and offer Balboa locals and tourists of all ages a great place to dine. While the new owners intend to dedicate the bulk of their menu, design, and efforts to establishing a dinner business, they also intend to serve a limited weekend lunch menu to serve tourists that are visiting nearby 6"' Street Beach. These tourists would already be parking on Balboa Blvd. to visit the beach, but may be looking for the convenience of a local business to provide food (sandwiches, salads, slices of pizza and sodas) for dine -in or take -out. The bulk of the business will be serving dinner meals to the locals of Mid - Balboa. The new owners have polled nearby consumers, and they express excitement over walking or biking to this location rather than having to drive to restaurants at Balboa Village, Balboa Island, or Newport Pier locations. Abbondanza Pizza Bistro will provide locals an environment that they can be proud to take their family and friends. -2- a5 III. CHANGE TO CONDITIONAL PERMIT SUMMARY ➢ The intent of the new owners for the business on 514 W. Balboa Blvd. is to create a full- service, casual Pizza/Italian restaurant with reasonable pricing. This site is the only restaurant (except for a small coffee house) located between Balboa Village and Newport Pier, and thus serves locals and tourists of the Mid - Balboa area. ➢ This business site has been under the umbrella of Cafd Italiano (dba and business name) over the last four owners, and none of the past owners have established a solid reputation of consistently serving the locals and tourists. Besides good food, service, and consistent hours of operation, guests have also repeatedly requested more convenient seating, and beer and wine offered with the pizza and pasta menu. Because of the bad service reputation, the extreme seating limitations, and the economics of operating without beer and wine sales, none of the past four businesses have survived. ➢ The Conditional Use Permit Application for Abbondanza Pizza Bistro seeks to amend Specialty Food Service Permit 426. The permit is somewhat outdated and irrelevant as it was approved in 1995 for a food establishment that began as a Bakery & Deli serving mostly breakfast and lunch meals, but has. since turned into an Italian/Pizza concept serving mostly dinner meals. ➢ This restaurant has had a difficult time establishing a large customer base because of the extreme seating limitations set forth in the 1995 Specialty Food Service Permit 426. New owners seek to establish seating increase allowance from the current 20 to proposed 38 customers. During the purchase process the new owners were never informed of the "Notifications of Conditions" of the Specialty Food Service Permit. They were instead improperly led to believe that seating was already established to accommodate 28+ guests. If the new owners were informed of the limited seating capacity of only 20 seats at this location, they would have never purchased this business — as they wanted to open a full- service dining establishment in Balboa. ➢ New owner is asking for a Conditional Use Permit to serve Beer and Wine with the Gourmet Pizza, Pasta and Salad menu. The customer base that has been polled specifically and overwhelmingly request beer and wine to be served along with the Pizza and Pasta Menu. The new owners intend to serve Beer & Wine in both the Interior Dining Room and the Outside Covered Patio locations (See Page 6 — Outside Patio Service). Owner has already begun the appropriate application process for a Type #41 (Beer & Wine Eating Place) license with the Orange County Alcoholic Beverage Commission. -3- 0 IV: REQUEST TO AMMEND SPECIALTY FOOD SERVICE PERMIT #26 OVERVIEW: The Conditional Use Permit Application for Abbondanza Pizza Bistro seeks to amend Specialty Food Service Permit #26. The permit is somewhat outdated and irrelevant as it was approved in 1995 for a food establishment that began as a Bakery & Deli serving mostly breakfast and lunch meals, but has since turned into an Italian/Pizza concept serving mostly dinner meals. While no changes are needed on Item #s: 1, 3, 4, 5, 6, & 9- 13, the new owner requests amendments and/or clarifications to Item #s: 2, 7 & 8. ITEM #2 - ALLOWED SEATING: New owner seeks to establish seating increase allowance from the current 20 seats to proposed 38 seats. New owners feel that the business is able to legally (occupant load) seat a total of 38 guests (21f inside and 12 outside). Current seating arrangements have forced past owners to pursue delivery business, as the current permit does not accommodate enough service and sales within the restaurant. Delivery Service brings added labor costs and insurance liabilities that make the business economics much more difficult than to instead focus on serving dine -in and take =out consumers. The following . should be noted regarding seating allowance for this full- service restaurant space: 1) This is the only restaurant (besides a small coffee house) located between the Newport Pier and Balboa Village. It allows the locals of the Mid - Balboa area an attractive alternative to fighting the crowds and parking at restaurants located in these areas. 2) It has been noted by prior ownership and confirmed by current owner that 90% of the guests are locals, and therefore will not cause parking problems (see Attachment 5 - Guest List). Locals are defined as those customers that are either local owners, local renters, or renters of Mid - Balboa vacation homes. 3) This restaurant started as a Bakery/Deli serving mostly breakfast and lunch meals, and therefore may have needed more parking spaces to serve day customers. It has since turned into a Pizza/Italian restaurant serving mostly dinner customers. There is plenty of parking availability during evening hours. 4) The restaurant has one public bathroom and has used the second bathroom as a "mop /utility room ". According to the Building Dept. this is possibly the current restriction of only 20 guests as building code will only allow 20 seats if one public bathroom is provided. New owner will convert "mop room" to a men's bathroom with only cosmetic modifications needed. Women's bathroom already in place. 5) During the purchase process, new owners were improperly led to believe that seating was established to accommodate 28+ guests. See Item #7 — Notification of Conditions. (continued) -4- �,1 IV: REQUEST TO AMMEND SPECIALTY FOOD SERVICE PERMIT #26 ITEM #2 — ALLOWED SEATING: (continued) 6) There are approximately 175 parking spaces available to visitors of this beach and commercial area as follows: • (72) Parking Meter Spaces on Island between 7t' St. & Medina • (14) "30- Minutes Only" Spaces in front of the Mid - Balboa Commercial Zone • (60) Non - Metered Parking Spaces on Balboa Blvd. curbs between 7`h St. & Medina, including 4 Parking Spaces directly in front of this restaurant. • (30) Side Street Parking Spaces on 6`i' St. & Island. 7) The occupant load (as defined by the Building Dept.) allows one person per 15 square fee of the Public Area. Therefore, this restaurant should be allowed seating for 38 guests. The following are the measurements of the Interior Dining (Public) Area and Outside Patio (Public) Area: Interior Dining Area: 391 Square Feet (391/15 = 26 guests) Exterior Patio Area: 182 Square Feet (180/15 =12 guests) Total: 38 Guests ITEM #7 — NOTIFICATIONS OF CONDITIONS: New owners were misled on the Notifications of the Conditions of this permit, which could greatly effect the original intention to purchase, create, and operate a full- service dining establishment. Item #7 states that `future owners shall be notified of the conditions of this approval by either the current owner or leasing company ". The new owner was never notified of this specialty food service permit by either the prior owner, Nancy Nelson, or the leasing company. Of most concern to the new owners are the seating arrangements specified. Because the new owners were never forwarded this document, they were led to believe that the business was already approved to seat 28+ guests. Please see Attachment #3 (Brokers Listing). ITEM #8 — ALCOHOLIC BEVERAGES: New owner is asking for a Conditional Use Permit to serve Beer and Wine with the Gourmet Pizza, Pasta, and Salad menu. The customer base that has been polled specifically and overwhelmingly request for beer and wine to be served along with the Pizza and Pasta Menu. Owners request to serve Beer & Wine in both the Interior Dining Room and Outside Covered Patio locations. Owner has begun the appropriate application process for a Type #41 (Beer & Wine Eating Place) license with the County and City. ITEMS #1, 3, 4, 5, 6, & 9 -13: Confirmation of no changes needed to Items #1, 3, 4, 6,and 9 -13 as written in Permit. -5- ,' V: OUTSIDE PATIO SERVICE — Food, Beer & Wine This page is to confirm intent for the new owners to serve food, beer & wine on the outside covered patio of this restaurant location. The new owners have researched the "Sidewalk Cafe Standards and Procedures (Policy L -21 attached) and have learned that the site meets all the requirements of the Outside Dining Area including as follows: • SIDEWALK SPACE: The standards and procedures apply to the use of sidewalk space. This restaurant site has a self - contained covered patio measures 26' Long by 7' Wide and does not encroach upon the public sidewalk in any way (furniture, newspaper vending machines, umbrellas, etc). • HORIZONTAL CLEARANCE: The site meets the plan of a clear, continuos obstruction -free path of 6' in width outside of the outdoor dining area. • BARRIERS: Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of the Alcoholic Beverage Control Board. They will meet all requirements as follows: • According to the Orange County Alcholic Beverage Commission a wrought iron fence at least 3 feet high should be provided. The city requirement for the wrought iron fence is that it shall not exceed 3'6 ". NOTE: The wrought iron fence already installed is 3'4" high. • Self closing gate. NOTE: A self - closing wrought- -iron gate covering approximately S feet in the entrance area will be installed • ADDITIONAL REQUIREMENTS: The new owners will follow the other rules of the Orange County Alcoholic Beverage Commission as follows: ■ Business will offer Public Convenience and Necessity: - We will offer a full- service dining establishment to the locals of the Mid - Balboa area. Locals are defined as local owners, local renters, and renters of Mid - Balboa vacation homes. ■ Business will not intefere with the Public Right Of Way. - There will be no encroachment onto the sidewalks. - The only entertainment on the outside patio will be low - volume casual (Jazz, Swing, Italian, Sinatra, 30's, 40's etc.) music. - We will close food and beverage service on the patio at 10 p.m. • Management will be able to visibly monitor the sale and service of Alc000lic Beverages on the Patio as follows: - Guests will be required to enter the Dining Room, before being seated on the Outside Covered Patio area. - Patio is visible from the Interior.with multiple Glass Windows and Doors in the Dining Room and Service Areas that directly face the Outdoor Dining Areas. -6- IN VI: SITE HISTORY 514 W. BALBOA BLVD. 1964 -1994 - COMMERCIAL BUSINESS: This site was built in 1964 with a Land Use of 129 Com, Stores & Residential. It is located on East Newport, Block 3, Lot 15, with Parcel Number 048 - 071 -10, and Census Tract 628.00. It was originally established as a Commercial Site with two units. Two small residential units were approved on July 7, 1966 (Permit #915) to be added above the 2 commercial stores below. At some point, the 2 commercial units were converted into one larger commercial unit. 1995 - COMMERCIAL-BAKERY/DELI: In 1995, the commercial business at 514 W. Balboa Blvd. was officially approved for food service with Specialty Food Service Application #26. Professional restaurant equipment was installed including a Clay Oven, 4 -Burner Stove, Steam Table, Sink/Dishwasher, Hood System, and Icemaker. This business began as a bakery /cafd serving mostly breakfast and lunch meals. 1997 -2002 - CAFE ITALIANO: This commercial establishment has since become an Italian/Pizza Restaurant with varying menus, prices, hours of operation and service. All of the Italian Restaurants have been under the dba and signage of Cafe Italiano. Additions and improvements to the site over the years have included commercial refrigerators and freezers, a dough - mixer, counter appliances, steel storage shelves, and improvements to the interior atmosphere. The last 2 owners have worked hard to bring the kitchen up to legal code. Initiatives by Robert Mortensen and Tamara Watt in 2001 included an interior remodel, grease -trap installation, and approved upgraded electrical plans. Initiatives by Nancy Nelson included approved upgraded Fire Suppression plans and bringing the Class 2 Hood up to code. In addition, she received Use Permit No. 2002 -014 at a July 18, 2002 meeting - which converted a garage space into an approved Food Storage Area (See Attachment #4 — Conditional Use Permit #2002 -014). ABBONDANZA PIZZA BISTRO: The new owners are Brian and Lisa Matejka as a General Partnership. They took over on 12/28/2002 with a dba of Abbondanza Pizza Company. Abbondanza Pizza Bistro will be the location/signage name. Abbondanza means "abbundant" in Italian. Their intent for purchasing the business is to establish a full- service restaurant in a fun atmosphere with reasonable prices catering to the locals and tourists of Mid - Balboa. Please see Page 2 (Letter of Business Intent) for further information on the operation of this business. -7- 3� VII: SITE ECONOMICS 514 W. BALBOA BLVD. OVERVIEW: This site has a history of failed and unprofitable businesses. It has changed ownership 5 times in the last 8 years with an average ownership span of only 1 year and 8 months. This restaurant began as a bakery caf6 mostly serving breakfast and lunch meals, and thus may have begun the limited seating requirement to only 20 customers. The business has since changed to an Italian Pizza and Pasta concept with the last 4 owners offering varying menus, hours, and prices. The previous owner only ran the restaurant for 10 months, made limited profits in the Summer, and began to lose money in the Winter months (See Attachment #6 - Restaurant Operating Budgets). While the local residents desperately want this location to succeed, they are impatiently waiting for a business to get its act together. The local consumer base of the Mid - Balboa area desire a full- service restaurant with consistent hours, quality food, good service, and reasonable prices. The main reason that locals are interested in this location, is because it offers them a convenient place for dining out. It allows these locals an attractive alternative to fighting the traffic, crowds, and parking at the restaurants in the Balboa Village, Balboa Island, and Newport Pier locations. However, as seating is limited to only 20 guests, locals do not feel it is conducive to bring their visiting friends and relatives. In addition, a Beer & Wine license is desperately needed to improve the economics of operating this restaurant. RECENT ECONOMICS: The new owners have taken over as of 12/28/2002, and are determined to make this a successful business. They want this location to be an asset to the city of Newport Beach, its local residents and tourists. The turnaround strategy of this business has already been much more difficult than expected or planned for. The combination of an extremely tough Winter season in Balboa, along with a terrible reputation of inconsistency at the restaurant - has left them with tough financial conditions to overcome from the beginning. While it was already their necessary intention to evolve and improve the menu, service, atmosphere, and food quality — it immediately became an absolute necessity to close the business after only three weeks of operation. While the store is currently losing $70 each day that it is closed, the store was losing over $100 each day it was open. This is because of the necessary restaurant operating costs of labor, utilities, food and packaging, along with servicing only a small consumer base. Sadly, this current state of affairs forced them to lay -off the staff of 3 employees. All prior employees are local Newport residents and recent graduates of Newport Harbor High. On the positive side, they look forward to improving the menu, food, service, seating, and atmosphere with goals of re- opening with anew menu in Spring. They also hope to rehire the prior staff members noted above. -8- �k PART VIII: ABOUT THE OWNERS BRIAN & LISA MATEJKA: Brian and Lisa Matejka are upstanding citizens of Orange County. They currently reside in San Clemente and have previously lived in Newport Beach. Brian lived in the East Bluff area in the early 90's and Brian and Lisa rented a small home on 43'd Street in the mid -90's. Their courtship took place almost exclusively in Newport Beach. They were married at the American Legion Yacht Club in Newport Beach on April 6, 1996. The form of business operation is a Partnership - Husband & Wife. BRIAN MATEJKA: Brian Matejka has 3 college degrees including a Masters in Business Administration degree received in 2001 from Webster University, Irvine, CA. and a Bachelor of Arts in Communications from Cal State Fullerton. He has numerous years of experience in the Restaurant Industry in Corporate Marketing for some of the largest restaurant companies (Taco Bell, KFC and Arby's) and experience in Operations at restaurant concepts including Pizza Hut, Old Spaghetti Factory, and Tami's Italian Restaurant. His parents were previous (1970's) owners of a popular Breakfast/Lunch Caf6 on Lido Isle (Stuff -T- Shirt Caf6 across from the Cannery). Brian will oversee overall day to day operation and marketing of this business. LISA MATEJKA: Lisa Matejka has 2 College Degrees including a Bachelor of Liberal Arts from Cal State San Bernardino. She has served as a school teacher in the Westminster School District for the last 11 years. She has previously worked in a Pizzeria, and will assist as a server, hostess, and assistant manager during the busier summer months of operation. -9- Sidewall ATTACHMENT #1— SIDEWALK CAFE STANDARDS Page 1 of 5 CITY COUNCIL POLICY L-21 Sidewalk Cafe Standards And Procedures I. PURPOSE These standards and procedures are adopted pursuant to Chapter 13.18 of the Municipal Code in order to encourage appropriate outdoor activities in the public right -of -way, to ensure that the space used for outdoor dining in the public sidewalk will serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes. U. DEFINITIONS Sidewalk Cafe - An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take -out items to be consumed in the outdoor dining area. These regulations do not apply to outdoor dining on private property. III. GENERAL PROVISIONS A. Permit required. Outdoor dining on a public sidewalk may occur only pursuant to a Sidewalk Cafe License Encroachment Permit (hereinafter "Encroachment Permit'). B. Prohibited locations. Outside dining will not be permitted on sidewalks designated by City Council resolution as shared bicycle and pedestrian facilities (see Attachment B) C. Permit transfer. An Encroachment Permit may be transferred to a subsequent operator of the same establishment subject to approval by the Public Works Director and payment of an Encroachment Permit transfer fee established by the City Council. Prior to approval of the transfer the Public Works Director may modify the terms of the permit as deemed appropriate to protect public health, safety and welfare. D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements and limitations set forth in Section 20.72.018 (Accessory Outdoor Dining) of the Municipal Code. An Encroachment Permit may be processed concurrently with an Accessory Outdoor Dining Permit. E. Conditions of approval. The Public Works Director shall have the authority to apply conditions to the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of this policy. Standard conditions of approval are provided as Attachment A to this Council Policy. In addition to these standard conditions, special conditions may be applied as deemed appropriate by the Public Works Director. F. Authority of the Public Works Director; Appeal. The location and configuration of any sidewalk cafe shall be subject to approval by the Public Works Director, who shall consider public safety issues unique to the pedestrian and vehicular needs of the specific location when reviewing Encroachment Permit applications. Notwithstanding any other provisions of this policy, the Public 3/4/2003 _ Sidewalk Cafe Standards And Procedures Page 2 of 5 Works Director shall have the authority to deny any Encroachment Permit application or revoke any existing permit if it is determined to be detrimental to public health, safety or general welfare. The decision of the Public Works Director may be appealed to the City Manager by the applicant. The decision of the City Manager shall be final. G. Indemnification. The Permittee shall defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under an Encroachment Permit. H. Insurance. The Permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars ($1,000,000.00) covering the Permittee's operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected and appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the City. IV. APPLICATION PROCEDURE A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The application shall be filed with the Public Works Department on a form provided by the Public Works Department. The application shall be signed by the owner of the property, or his authorized agent. Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, sign posts, parking meters, fire hydrants, news racks, etc. within twenty feet (20') of the encroachment zone shall be depicted on the site plan. B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of Insurance and the completed standard Special Endorsement in a form meeting the approval of the Public Works Director and the City Attorney. V. TERM Valid encroachment permits shall remain in effect until modified or revoked. VI. SIDEWALK CAFE DEVELOPMENT STANDARDS A. Horizontal Clearance: A clear, continuous pedestrian path not less than six feet (6') in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works Director may require more than six feet (6') if necessary to protect the public safety. Areas with heavy pedestrian traffic may be required to maintain a minimum of eight feet (8') clear width on the sidewalk. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area and any obstruction, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized. B. Allowable uses: An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area. C. Setbacks from corners, streets and alleys: When an outdoor dining area is located at a street corner, a ten -foot (10') setback from the corner of the building shall be maintained along both frontages. When an outdoor dining area is located adjacent to a driveway or an alley, a five -foot (5') setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining areas is wider than usual or the perimeter of the building has an unusual configuration). D. Extension to adjacent properties. Subject to approval of the Public Works Director and the limitations of NBMC Sec. 20.72.018, an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and property owner. VII. DESIGN STANDARDS A. Barriers. 3/4/2003 '� Sidewalk Cafe Standards And Procedures Page 3 of 5 No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of table and chairs abutting the wall of the establishment and if no alcohol will be served. • Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this policy and of the Alcoholic Beverage U V Control Board. • Barriers should compliment the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement V weather. . Barriers shall conform to the Public Works Department installation standards and be On% removable. Barriers and furniture shall be removed at the end of each business day unless (/ otherwise approved by the Public Works Department. Barriers shall be capable of being removed through the use of recessed sleeves and posts, by wheels that can be locked into O J place, or weighted bases. v • The height of any barrier shall not exceed three feet six inches (3'6 "). B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning shall be less than eight feet (8') above the sidewalk and no portion of an umbrella shall be less than seven feet (7) above the sidewalk. Awnings may extend up to five feet (5') from the building front or cover up to fifty percent (50 %) of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right -of -way. A building permit must be obtained prior to installation of an awning. C. Lighting. Outdoor lighting fixtures should compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right -of -way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right -of -way. Lighting shall be installed by a licensed electrician under an electrical permit from the Building Department. Battery operated lamps or candles will be permitted. D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should compliment the architectural style and colors of the building facade and street furniture. E. Signs. Notwithstanding any other provision in the Municipal Code, signs and logos shall be permitted on umbrellas in outdoor dining areas. F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area. VII. FEES A. Application fee. An application fee of $50.00 shall be paid at the time an Encroachment Permit application is submitted to the Public Works Department. B. Transfer fee. A transfer fee of $25.00 shall be paid at the time an Encroachment Permit transfer application is submitted to the Public Works Department. C. Annual use fee. An annual use fee of $100 (sidewalk dining area of 100 square feet or less) or $200 (sidewalk dining area over 100 square feet) shall be paid upon annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of operation. VIII. VIOLATION/REMEDY In the event that a Permittee fails to abide by the provisions of this policy or the terms and conditions of an encroachment permit, the Public Works Director may summarily abate any encroachment or improvement that is in violation of this policy. The Permittee or property owner shall pay all costs incurred by the City in abating the encroachment or improvement. The Permittee or property owner may appeal the decision of the Public Works Director to the City Manager. The determination of the City Manager with respect to abatement shall be final. ATTACHMENT A 3/4/2003 �h Sidewalk Cafe Standards And Procedures Page 4 of 5 STANDARD CONDITIONS OF APPROVAL SIDEWALK CAFE LICENSE ENCROACHMENT PERMITS 1. Compliance with conditions. The Permittee shall comply with all of the provisions of Council Policy L -19 and all of the following conditions imposed upon this permit. Violation of any conditions of this permit shall be grounds for permit revocation. 2. Revocation. The Public Works Director may revoke this at any time if it is determined that continued operation of the sidewalk cafe is detrimental to the public interest or the Permittee is in violation of conditions to the permit. 3. Abatement. In the event that the Permittee fails to abide by the terms and conditions of this permit, the Public Works Director may summarily abate any prohibited improvements and the Permittee shall pay all costs incurred by the City in such abatement. 4. Inspection. The Public Works Department may inspect improvements within the public right - of -way at any time without notice to the Permittee. 5. Indemnification. The Permittee shall defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under this permit. 6. Insurance. Permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars ($1,000,000.00) covering the applicant's operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected and appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the City. 7. Permit limitations. This permit is issued in conformance with Newport Beach Municipal Code Chapter 13.18 and Council Policy L -19 relating to outdoor dining on public sidewalks. However, issuance of this permit does not imply that all governmental agency requirements for starting a new restaurant or expanding an existing one have been satisfied. Business owners are responsible for securing and complying with all required licenses and permits from other agencies including the state Alcoholic Beverage Control Board, the County Health Department, and the City of Newport Beach. Sale of alcoholic beverages in outdoor dining areas shall comply with Section 10.04.010 of the Newport Beach Municipal Code and Council Policy K -7 (Determination of Convenience and Necessity for Alcoholic Beverage Outlets). 8. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings for recessed sleeves) shall be installed unless expressly approved by the Public Works Director. 9. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings adjacent to these dining areas shall maintain building egress as defined by the Uniform Building Code and State of California Title 24 Disabled Access Standards. 10. Management. Restaurant management shall operate the outdoor dining area in compliance with the terns and conditions of this permit and shall not delegate or assign that responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb persons on the adjacent right - of -way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. 11. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take -out items unless public trash receptacles located nearby are determined to be adequate by the Public Works Director. At the end of each business day, establishments are required to clean (sweep and wash) the entire sidewalk in and around the outdoor dining area and remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year, Private trash receptacles shall be emptied daily. 3/4/2003 Sidewalk Cafe Standards And Procedures Page 5 of 5 12. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dinning area shall be prohibited and the outdoor dining furniture shall he removed from the right -of -way unless otherwise approved in the Encroachment Permit. 13. Plants. Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain material that can stain the pavement, water drainage from any plants onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch (1 ") between saucers and sidewalk. 14. Plans and permits. All City- approved plans and permits for the outdoor dining area shall be kept on the premises for inspection at all times when the establishment is open for business. 15. Smoking. Restaurant management may permit smoking in the outdoor dining area consistent with all applicable statutes and regulations. Management may also prohibit smoking in the outdoor dining areas. 16. Permit transfer. This permit may be transferred to a subsequent operator subject to approval by the Public Works Director and payment of a transfer fee as established by the City Council. Prior to approval of a transfer the Public Works Director may modify the terms of the permit as deemed appropriate to protect public health, safety and welfare. 17. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California and the City. ATTACHMENT B SHARED BICYCLE/PEDESTRIAN FACILITIES WHERE SIDEWALK CAFES ARE PROHIBITED • Campus Drive south side -- Von Karman Avenue to Jamboree Road • Irvine Avenue - east side -- Orchard Avenue to Bristol Street • Jamboree Road - west side -- Eastbluff Drive North to Campus Drive • MacArthur Boulevard - east side -- Jamboree Road to Campus Drive • Ocean Front -- F Street to McFadden Place and westerly line of Ocean Front parking lot to 36th St. • Riverside Avenue - north side -- Cliff Drive to 150 feet north of Avon Avenue • San Joaquin Hills Road - south side MacArthur Blvd. to Marguerite Avenue. • San Miguel Drive - west side Port Sutton Drive to San Joaquin Hills Road • San Miguel Drive - both sides San Joaquin Hills Road to Avocado Avenue Page URL: htip : / /www.sidewalk _policies.htmi Last Updated: 0510512000 by Robert Kain 3/4/2003 �� March 30,1995 : March 30,1995 Page - 2 7. That should this business be sold or otherwise come under different ownership, any future owners or assignees shag be notified of the conditions of this approval by either the current owner or the leasing company. &. That no on -sale alcoholic beverages shall be permitted on the premises. 9.. That no five entertainment or dancing shall be permitted in conjunction with the permitted use. 10. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the specialty food establishment. 11. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 12. That where grease may be introduced into the drainage systems, grease interceptors shag be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 13. That the Planning Department may add to or modify conditions of approval to this specialty food service permit, or recommend to the Planning Commission or City Council the revocation of this pent» t upon a determination that the operation 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. The Planning Department determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the specialty food services permit as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: That the proposed specialty food service is retail in nature, serving mainly persons residing or worldng in the neighborhood, maintains a gross floor area of 2,000 sq.ft. or less, and is not necessarily a destination point. It is anticipated that the proposed use will have parldng demand characteristics similar to a retail use. 2. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with the surrounding land uses. 3. That the approval of Specialty Food Service Permit No. 26 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city. NOTE: This approval shag expire unless exercised within 24 months from the end of the appeal period, and cannot be extended. J` March 30,1995 Page - 3 The decision of the Planning Dep"nent may be appealed by the applicant to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of 399.00. PLANNING DEPARTMENT JAMES D. HEWICKER, Director 46 ATTACHMENT #3 - BROKERS LISTING BLS No.-zw! Region Code Type of Business 1 ZZ&.11 4C fry /s�Q14111,�* C City — Phone Nc Business Owner's t Address_ GRL ' Base Ma. Rental a Lease Exp. Date, t 11=Ob Option_ -_ Years Security an Lease $ 55A4 Terms and Conditions 's A%"AL (nre ' fE Misc. Lease Into If -r 6VF r ' Landlord lbkN wESra� Phone^.__ Property Mgr.. Phone Estab. A &WYrs. Pres.Owner-A^b2 Yrs. Inventory at Cost INCL purch. price Furn., Equip. yeasehold $ : nc purch. price Phone No, /J �3�f -39b0 H t(/5 -37 onthly Receipts $_ Seller will -We. Bldg. Size. SJ�f- Seas__Or .� �yc/ onthly Net Profit �' '_"Stiffer will prove. No. Employees FT _(_ropT p Purchase Price Payroll $ 3500 Owner Works -a' Days Down Payment $ CAS:�f License Required t3_ui 5 __ - Hrs Seller will carry balance for months Parking SMT- with %, interest on unpaid balance. Days Open (7 -- ClosedWW-d-f&'292/ AdditionalTerms Hours0pen��2('�Vi REASON FORSALE Lf r; S t d Up27�f _�raUf. iSrU$-A�,Lfp -�ZAtI5 (NLY� _ All trade fixtures and equipment included except the following @ems _&2 S00AL ACgW5, •,©v'.wE em-10., SETS 8 �-- UI��D��• lox fJhGy,Je6Y M�To� i�alP,k�� ,V501- SYStC-AA (EuYf �PPYdr�ssiav� 5tr-etE Vew- 0A W-a fvnv. ov,y LliuLow CGr,llEe ,ajCwvF_YEfL OdF � � q� E 5 f7eaA,o �usf +rigs iM MP (00-- IvrS Ot= Q�Ftt,6t(1ACri� MXT SF--F, I;. &f vE AurPUST - �_. ----------� 4Da,�cE rI Ak -NL-e- -art ti �r kA- n&" ." w.'�— i/w ��o o.- r- Listing # CERRITOS 29 ?1 Listing Agent - 'SK.- TV-An itiJl& Code - :jqf � Ia /o «u TYPE 7FI.3r�g`52cf.2- CITY DOWNPAYMENT kk� DATE: TO: FROM: SUBJECT: ATTACHMENT #4 - USE PERMIT #2002 -014 CITY OF NEWPORT BEACH P.O, BOX 1768, NEWPORT BEACH, CA 92659 -1768 PLANNING DEPARTMENT (949) 644 -3210 NOTICE OF FINAL APPROVAL August 9, 2002 Dennis Stout FILE COPY Planning Director Use Permit No. 2002 -014 (PA2002 -076) Please be advised that Use Permit No. 2002 -014 (PA2002 -076) was reviewed by the Planning Commission at its meeting of July 18, 2002 and became effective August 1, 2002. Any deviation from the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Caf6 Italiono, Nancy Nelson Location: 514 W. Balboa Blvd. Description: Request for a Use Permit for a full service, small -scale eating and drinking establishment to exceed the established floor area ratio (FAR) and wave the off - street parking requirements associated with the conversion of a single, enclosed parking space to storage area. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia . Temple, Director By Gin r Varin Executive Secretary Planning Commission Enclosure: 0 Approved Resolution with Findings and Conditions of Approval O Approved Planning Commission minutes with Final Findings and Conditions of Approval cc: Property Owner (f not applicant) Gvarin1PlanComm\ntceff pc.doc 3300 Newport Boulevard, Newport Beach as RESOLUTION NO. 1564 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: 1. 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. City of Newport Beach Planning Commission Resolution No. — PaQe 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 'h DAY OF JULY. 2002. AYES: Tucker. A2aianian. McDaniel. Kiser Gifford. Kranzlev and Selich NOES: None ABSENT: None AA ' City of Newport Beach Planning Commission Resolution No. _ Pa1;e 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMrf 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:SUSERSIPLN\Shared\PA's\PA2002 -076 U'P2002 -014 resolution.doc A5 T N� v � v 3 3 O' o �^ x d Y m C J c t— r° as L J o d F+ 3 O0 co j 0 ATTACHMENT #5 - GUEST LIST /GUEST REQUESTS 0 .0 L 0 R Z T W Z Z i Z z T O z T Z — O 0 Z — W Z O U O z TW Z z W Z 2 — z Z w _T Z _ — ZZ Z W _ T z W T _ Z 7 U Z w i _ Z O U O Z — W Z_ z W T Z_ Z W Z_ Y . 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Q i °0 f6 m r W tD Q 0 ° J m � > Q m N N CD W 0 ° n m . � > a m r h �... fD 04 - fU ° a m � woo- Q m N tD tU cD Q Q- m F� M CD N Q D) m m r 3 Z O r 7 N N O Q U m m q) a 'o N M C_ W W a N W m p c m C c N O' v v a�i N a CY c E 3 U N w Y N N m a Q l6 v n O LL ' m m m J `m m m C M m @ LL m ° N x o 0 N > �° U w V° ° 2 m .00 r m M m ' z m m 'O c6 W 4� ATTACHMENT #6 - OPERATING BUDGETS Cate staliano summon operating auagot Monthly Rovsnuo 12,000 14,000 16,000 Food Cost 2,860 2,960 3,200 Sales Tax at 7.58 900 1,050 1,200 Salaries and Wages 31163 3,163 3,163 Workers C0V(68)Payro11 Tax (48) 316 316 316 Linen Service 45 45 45 Rant 1,633. 1,833 1,633 Utilities* - 1,000 1,000 1,000 Coke Meuhise Lea60 29 29 29 credit Card Machine Lease 39. 39 39 Marketing 50 59 100 Office Suppxiea .15 15 15 Telephones 50 90 50 General Liability ftentanoe 96 96 96 Cloaning Supplies 75 75 75 Hank Fees 49 49 49 Total Upmees 10,520 10,790 11,216 mat Frefit 1,490 3,210 4,790 *approximate water 430, gas $130, electricity $600, garbage $65 Please Note: Budgets do not include any income to the OwnertOperator. Income to the owner would have to be taken out of the Profits shown (if any). Best Summer Month (May to September) in Revenues was $14,412 (July 2002). Average Summer Monthly Revenues were $11,796. All ABBONDANZA PIZZA CO. WINTER OPERATING BUDGET Scenario Description Monthly Revenue: Food and Packaging Costs Sales Tax (7.75 %) Salaries & Wages Workers Comp (6 %) Payroll Tax (4 %) Delivery Fees Rent Repair & Maintenance Utilities* Coke Machine Lease Credit Card Machine Lease Merchant Card Expenses Marketing Office Supplies Telephone Liability Insurance Cleaning Supplies Linen Service Bookeeping Fees Bank Fees Total Expenses Monthly Met ProtibLoss Scenario #1 Scenario #2 Winter Sales More AdsJDelivery $4,000.00 $6,500.00 $1,200.00 $1,950.00 $310.00 $503.75 $2,260.00 $3,000.00 $135.60 $180.00 $90.40 $120.00 $50.00 $200.00 $1,833.00 $1,833.00 $100.00 $100.00 $500.00 $500.00 $29.00 $29.00 $39.00 $39.00 $80.00 $130.00 $150.00 $300.00 $10.00 $20.00 $50.00 $100.00 $96.00 $96.00 $25.00 $40.00 $20.00 $30.00 $50.00 $100.00 $35.00 $45.00 $7,028.00 $9,270.75 ($3,028) ($2,771) . Approx. Monthly Utilities: $30 - Water, $130 - Gas, $600 - Electricity, $65 - Garbage Scenario #3 Closed for Winter $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,833.00 $0.00 $100.00 $29.00 $39.00 $0.00 $0.00 $0.00 $25.00 $96.00 $0.00 $0.00 $0.00 $25.00 $2,122.00 ($2,122) Please Note. Budgets do not include any income to the Owner /Operator. Income to the owner would have to be taken out of the Profits shown (if any). Best Winter Month (October to January) in Revenues was $7,222 (Oct 2002). Average Winter Monthly Revenues were $3,965. ATTACHMENT #7 - SITE PLAN tt ti l z I a. LL a z 0 0 w V) eno Tt ano 3 0 z o 0 I cl t4r\ tv\ �ql Ir 414 6k IF-r El El 10 Z 0 I fill, tt ti l z I a. LL a z 0 0 w V) eno Tt ano 3 0 z o 0 I cl t4r\ tv\ �ql Ir 414 6k IF-r ATTACHMENT #& - CONFIRMATION OF PARKING February 17, 2003 To: City of Newport Beach Attn: Planning Commission RE: Parking Availability,— 514 W. Balboa Blvd. Kim Torres (949) 675 -1457 FaX (949) 675-1452 i Rr 512 1/2 West Balboa Blvd., Balboa, CA 92661 Newport Beach Planning Commission: I am the current co -owner of Jazzz Hair Salon at 512 W. Balboa Blvd. I have been in business here for 13 Years and have seen many businesses come and go next door at 514 W. Balboa Blvd. I remember that it started as a full - service bakery/deli serving mostly breakfast and lunch meals and thus possibly the limit of only 20 seats. Over the last 5 years there have been a few different Italian & Pizza concepts with varying menus and prices. None of the past owners have been able to consistently make a profit, partially due to the limited seating availability. As an owner of a business in Mid - Balboa, I have never really witnessed parking problems. While it is busier in the summer, this area still attracts much less traffic than Newport Pier and Balboa Village. My observance of this particular business, is that it attracts mostly foot traffic from customers that walk over from nearby households. It receives some business from the tourists that are already parking to visit the beach. In addition, my customers like to frequent the business before or after their hair alterations to "kill 2 birds with one stone ". These are customers that are already parked for salon service and just running in to grab a sandwich. I agree with the new owners that they should be granted more seating, based on the occupant load. It is my humble opinion that this business should not be limited on seating based on an unfound notion of unavailable parking. Sincerely, Kim Torres Co- Owner, Jazzz Hair Salon ra ATTACHMENT #8 - CONFIRMATION OF PARKING February 12, 2003 To: City of Newport Beach Attn: Planning Commission RE: Parking Availability — 514 W. Balboa Blvd. To Whom It May Concern: I was the owner of Cafe Itahano at 514 W. Balboa Blvd. from March to December of 2002. During the time that I owned the business, the City was in the process of conducting all of the sewer and road construction directly in front of our business. One would think that this would cause parking challenges to our business, especially during the busier summer months, however this was not really the case. While the construction did bring some inconveniences, we had never heard from our guests that they had problems finding a parking spot. The main reasons that we never had challenges with parking are as follows: 1) We noticed that 80 %6 to 90% of our customers were locals. Most of these guests are walking or biking to the restaurant. 2) For guests that were driving, they were either: ■ picking up an order for take -home ■ able to easily find a parking spot in the 200 some places available on both street curbs, the center Island, or on side streets already parking to go to 6'h Street Beach, and because of our location were able to provide a convenient food and beverage service. As a past owner, I believe that a larger seating allowance would improve the . economics of running this restaurant. A seating limitation to only 20 seats based on an unfound parking shortage should not be imposed against this business. It should be granted the same seating allowances allowed to the other restaurants of the Balboa and Newport areas, to help the new owners pursue some semblance of profitability. Please feel free to call me with any questions pertaining to this subject. Sincerely, Nancy Nelson Sausalito, CA (415) 331 -3960 6� EXHIBIT 4 POLICE DEPARTMENT REPORT 64 City of Newport Beach Police Department Memorandum April 10, 2003 TO: Bill Cunningham, Staff Planner FROM: CSO Susan Seviane SUBJECT: Abbondanza Pizza Co. UP2003 -013 (PA2003 -074) At your request our office has reviewed the project request for Abbondanza Pizza, located at 514 W. Balboa Blvd., Newport Beach. The restaurant is currently operating under a "Specialty Food Service" the applicant is requesting to seek a "Restaurant" occupancy classification that will allow: 1) to amend their hours of operation from 11:00 am to 10:00 pm daily; 2) an increase from 20 to 40 dining seats and, 3) allow the sale of alcoholic beverages for On -Sale Beer and Wine (Type 41 license). The applicant has recently acquired the business, operating it for a few weeks before closing it pending completion of the changes noted here. The local ABC office, pending formal processes out of the Sacramento office, has tentatively approved the ABC license application. No additions or changes to square footage planned at this time. They will continue to have recorded music inside and on the patio area. While we have no serious concerns in regards to sales of beer and wine, we believe there is a greater policy /land use issue involved in the approval process for intensifying the alcohol usage in this area of the community. As a result, it is difficult for the Police Department to endorse the proposed intensified use permit modification, especially considering the existing concentration of ABC licenses in the area. Accordingly, we believe the decision more appropriately should be left to the Planning Commission and /or City Council based on the said impacts. For police services information refer to the attached report by Crime Analyst Paul Salenko. Applicant History_: Brian and Lisa Matejka were formerly Newport Beach residents and operate the business as a partnership. Both have previous experience in the restaurant industry. Signs and Displays Any signs and displays would need to conform to city requirements. Hours of Operation: The recommended hours of operations are 11:00 am to 10:00 pm daily. X Preventive Design: The Police Department has no recommendations. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. Securi : The Police Department has no recommendations. Employee Training: Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments: The Police Department has no objection to the operation as described by the applicants and, upon approval of the CUP, will condition the ABC license as necessary to maintain the health, safety and welfare of the community. For the purposes of this application, staff may also want to consider establishing conditions that would require Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, or events for which an admission fee is charged, those that include any form of party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. It may also be appropriate to establish conditions that would address possible future uses in the event this business evolves towards a traditional bar -type establishment. In addition the Police Department believes the following conditions would be appropriate for the Conditional Use Permit for the business: Approval does not permit the premises to operate as a bar tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic 0 City of Newport Beach Police Department Memorandum April 10, 2003 TO: Bill Cunningham, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Abbondanza Pizza Company at 514 West Balboa Blvd. This area encompasses our reporting district (RD) number 12 as well as part of Census Tract 628. This report reflects City of Newport Beach data for calendar year 2002, which is the most current data available. Calls for Service Information City wide there were 59,182 calls for police services during this time, of which 2,158 were in RD 12. A "call for service' is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,979 crimes reported to the Newport Beach Police Department during this period. Of this total, 3,092 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,887 were Part Two crimes. The Part One crime rate for the entire city during this same period was 4,086.60 per 100,000 people. The national Part One crime rate was 4,160.5* per 100,000 people. Crimes RD 12 Newport Beach California* National* Part 1 114 3,092 1,346,557 11,849,006 Part 2 137 3,887 N/A N/A Part 1Crime Rate 6,725.66 4,086.60 3,902.9 4,160.5 The number of active ABC licenses in this RD is 28 ** This reporting district had a total of 251 reported crimes as compared to a City wide reporting district average of 184 reported crimes. This reporting district is 67 crimes or 36.67% above the City wide reporting district average. This location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. 6� Arrest Information There were 12 DUI arrests and 37 Plain Drunk arrests in this area during this same period as compared to 1,608 for the entire city. This RD amounts to 2.78 % of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 12 Newport Beach (DUI/Drunk) 49 1,608 All Arrests 144 4,158 California* National* N/A N/A 1,415,129 9,322,324 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 11 and RD 13, Crimes RD 11 RD 13 Part 1 35 103 Part 2 71 145 Crime Rate 2,534.40 5,637.66 Arrests (DUI/Drunk) 10 57 All Arrests 98 156 Calls For Service 1,077 2,019 Number of active ABC licenses 12 ** 70 ** Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 75,645. *These numbers are from the 2001 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit 61k Al a•n PIZZA BISTRO Commercial- Restaurant Site (formerly Cafe Italiano) 514 W. Balboa Blvd, Balboa, CA 92661 EVAPORATIVE COOLER HOOD EXHAUST ONE HOUR SHAFT • i� I SUPPLY AIR DUCT -- .--- �.. - - -` -- �- f— ' I UIEDMIEED COVERED PATIO ROOM O T" Patio Measurements T Wide X 26' Long OLD FRONT ELEVATION PA2003 -074 for 11P2003 -013 514 W. Balboa Blvd. DATE OF RIVETING: - _ ,,3 EVbPCRAIIVE COOLER WOOD ExK"I ONE NLUR SHAFT SUPPLY AM DUC / PIZZA sign -0 Commercial - Restaurant Site (formerly Cafe Italiano) 514 W. Balboa Blvd, Balboa, CA 92661 County Alcoholic Beverage Commission requires T Htgh Wrought Iron Fence with a Sett - Closing Gate, Existing Patio is Covered with a T4" High Wrought Iron Ferm. A Self- Closing Wrought Iron Gate will be installed Wong with Flower Boxes. Patio Measurements T Wide X 26' Long Self - Closing Gate 3' 4" High 8' Wide NEW FRONT ELEVATION \Ok PA2903 -074 far 1?PZ903 -a13 514 31. nalboe U,,, 041 OF NIEFTI'ING: _ BATHROOM FACILITIES The Restaurant Site had only one unisex bathroom and one employee's bathroom. The employee's bathroom also served as a 'Mop Room" as a Utility Sink was in place. This only allowed the business to Serve up to 20 guests. 15T. SANDWICH TABLES i5T. STEAM TABLE S. DISCHARGE NOZZLES ¢IFY LOCATION w/F.9.9. UIP. MANUR TYP. Sr. EXHAUST DUCT ---- - -- STORAGE I G,4 R,4GE d BA J T 0 L 4m ~ Q MOP ga. :1y SINK T a .. i STOP U ee �.e • e .ST. STAIR CHANGE UP . e e 'ST.. I 4AU5T HOOD J COVERED PATIO ROOM. Patio Measurements 7' Wide X 26' Long <EUP AIR DIFFUSERS :ATION ri OLD SEATING ARRANGEMENTS OLD FIRST FLOOR PLAN BA J T MOP ga. SINK T a .. i STOP KITCNE;ti ee �.e • e f - EXIST. N4NLW48N 9MK MW COOLER �IIIIII EISr N x a i' Coa WCHM ,yea !lul --EXI 51 . ICE MACtIME A SERVICECUURIER _ Q DINING n ROOM • .ST. STAIR CHANGE UP . e e 'ST.. I 4AU5T HOOD J COVERED PATIO ROOM. Patio Measurements 7' Wide X 26' Long <EUP AIR DIFFUSERS :ATION ri OLD SEATING ARRANGEMENTS OLD FIRST FLOOR PLAN Restaurant was sold to New Owner Displaying Sealing for 28 Guests, New Owners will expand the seating to 38 guests as shown In this layout: - 26 in the Inside Dining Area - 12 in the Outdoor Covered Patio. Occupant Load = 7 Person per 15 Sq. Ft. INTERIOR DINING AREA: 391.50 Square Feet • 391,50115=26.10 26 Guests Total OUTDOOR COVERED PATIO AREA: - 182 Square Feet - 182115 = 12.133 12 Guests Total BATHROOM FACILITIES The Restauranl Site will now offer both a .. Men's and a Women's bathroom to allow the business to serve over 20 Guests (According to Building Dept) The Utility Sink will be reklcated to Garage as seen 5T..5ANpWICH,TABLES ,IT.$TEAM TABLE - —�- -- .r STCUIRAGrE II GARAGE I itBA o� t� C k its 3 a i m Ct t V S �� b Owl � h ELEC I . .. STOP i - KITGHEy�I low to --� it ' — �•� 41 rn IIlliili DINING ROOM N 9 DISCHAWr. NOZZLES 11J. -- --- ° p 21FY LOCATION w/F.5.5. IIP. MANUF. TYP. I '� r l� 5T, EXHAUST DUCT -- ' -'-"-- mmiacmWea �. 5T. STAIR CHANGE' - -�— • • �� ST. / I /+1 • aAUST HOOD - .{ COVERED PATIO ROOM • Patio Measurements T Wide X 26' Long CEUP AIR DIFFUSERS ;ATICN NEW SEATING ARRANGEMENTS a'a °High 8'Wide NEW FIRST FLOOR PLAN � 1�