HomeMy WebLinkAbout2.0_Sessions Sandwiches Patio Expansion_PA2018-241o�,EWP°Rr CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
= June 6, 2019
Agenda Item No. 2
SUBJECT: Sessions Sandwiches Patio Expansion (PA2018-241)
• Minor Use Permit No. UP2018-022
• Coastal Development Permit No. CD2018-094
SITE LOCATION: 2823 Newport Boulevard
APPLICANT: Sessions Sandwiches Newport Beach, LLC
OWNER: Michelle Wagner
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
The applicant proposes to add a 130-square-foot outdoor dining area with alcohol service
to an existing eating and drinking establishment (restaurant). The existing restaurant
currently operates with a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating
Place) Alcoholic Beverage Control (ABC) license and has hours of operation between
6:00 a.m. and 9:00 p.m., daily. No other operational changes are requested or proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2019-016 approving Minor Use Permit No. UP2018-022 and
Coastal Development Permit No. CD2018-094 (Attachment No. PC 1).
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VICINITY MAP
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LOCATION GENERAL PLAN
ZONING
CURRENT USE
ON -SITE Visitor Serving Commercial
(CV)
Commercial Visitor -Serving
(CV)
Food Service and Dry Cleaning
NORTH CV
CV
Retail and Office
SOUTH CV
CV
Retail and Office
EAST CV
CV
Retail, Office, and Mixed Use
WEST Public Facilities (PF)
Public Facilities (PF)
Municipal Parking Lot
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Project Setting
The subject property is located on the Balboa Peninsula at the intersection of 29th Street
and Newport Boulevard in the Cannery Village area. The property is developed with a
4,426-square-foot, two-story, two -tenant building and an 11-space parking lot. Sessions
Sandwiches occupies the two-story tenant space on the eastern half of the property using
the ground floor as dining area and the second floor as office and storage space. An
existing dry cleaning facility will continue to occupy the adjoining single -story tenant space
on the western half of the property. Of the 11 parking spaces provided, one space was
striped out, resulting in only 10 spaces provided on -site. Surrounding uses include retail
and office to the north, south, and east, and a municipal parking lot to the west.
Residential properties are located further beyond to the west.
Background
On September 12, 2013, Minor Use Permit No. UP2013-012 was approved by the Zoning
Administrator to allow establishment of the restaurant, which consisted of 523 square feet
of net public area (N.P.A.) and hours of operation between 6:00 a.m. and 11:00 p.m.,
daily. Conditions of approval required improvements to the parking lot, driveway
approaches, and trash enclosure. No alcohol service, late hours (after 11:00 p.m.), or
outdoor dining were proposed at that time.
On March 5, 2015, Minor Use Permit No. UP2014-050 was approved by the Planning
Commission to authorize beer and wine sales (Type 41 ABC license) and reduce the hours
of operation to between 6:00 a.m. and 9:00 p.m., daily.
On October 22, 2018, an application was submitted to amend the approved Minor Use
Permit to add a 130-square-foot outdoor dining area with alcohol service.
On May 16, 2019, the Zoning Administrator reviewed the proposed outdoor dining area with
alcohol service. Public correspondence of support and opposition was provided to the
Zoning Administrator (Attachment PC 3). At the conclusion of the hearing, the Zoning
Administrator directed the application to the Planning Commission for consideration and
review based on public concern regarding the expansion of alcohol service on the proposed
patio (Attachment No. PC 4).
Project Description
The proposed outdoor dining area would consist of a 130-square-foot patio with seating
for nine patrons as an expansion into the southeast corner of the parking lot where one
parking space is currently striped out. A 3-foot high barrier would be constructed on all
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four sides of the patio and a trellis roof would provide shade for patrons. A 2-foot high
planter will provide a separation barrier between the outdoor dining area and the sidewalk
adjacent to Newport Boulevard.
The applicant is proposing to have food and alcohol service in the outdoor dining area,
and service would be provided during the same hours of operation as the restaurant,
between 6:00 a.m. and 9:00 p.m. daily.
DISCUSSION
Analysis
General Plan and Local Coastal Plan
The subject property is designated Visitor Serving Commercial (CV) within the Land Use
Element of the General Plan and Coastal Land Use Plan. These designations are
intended to provide for accommodations, goods, and services primarily serving visitors to
the City of Newport Beach. The existing restaurant includes alcohol sales and service to
the restaurant and is consistent with the CV designation as it is intended to provide service
not only to visitors, but also to residents within the immediate neighborhood and
surrounding area. The proposed outdoor dining area will remain consistent with the
General Plan designation, as it will provide additional outdoor seating for the restaurant.
Zoning Code
The subject property is located within the Commercial Visitor -Serving (CV) zoning district
and Coastal Zoning District. Food service, eating and drinking establishments which
include the service of alcoholic beverages and no late hours (after 11:00 p.m.) are
permitted subject to the approval of a minor use permit pursuant to Zoning Code Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). The
proposal is to add a 130-square-foot outdoor dining area to an existing restaurant and the
activity is consistent with the purpose of the CV zoning district.
Parking
The proposed location of the outdoor dining area is in an existing parking space in the
southeastern corner of the parking lot that is currently striped out. As a result, 10 parking
spaces will be provided for all uses at the property.
Current Parking Requirements
As established by the restaurant's original use permit (UP2013-012), the parking for the
restaurant is considered legal nonconforming due to parking because 11 parking spaces
are provided on -site, whereas, based on a parking ratio for the previous retail use of one
space per 250 gross square feet (sq. ft.), a total of 14 parking spaces (3,307 sq. ft./250 =
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13.2 = 14) were required. Pursuant to Newport Beach Municipal Code (NBMC) Chapter
20.38.060 (Nonconforming Parking), uses at a site with nonconforming parking in a
nonresidential zoning district may be changed to new uses allowed in that zoning district
without providing additional parking, provided no intensification or enlargement (e.g.
increase in floor area) occurs. The restaurant was approved with a parking rate of one space
per 40 square feet of N.P.A. With this ratio, 14 spaces (523 sq. ft. of N.P.A./40 = 13.1 = 14)
would also be required on -site; therefore, the use was found not to intensify the parking
requirement above what was required for the previous retail use, as illustrated by Table 1
below:
Table 1: No Intensification of Parkina
Land Use
Parking Rate
Floor Area
Spaces Required
Previous Retail
1 per 250 sq. ft.
3,307 sq. ft.
13.2 = 14
Current Restaurant
1 per40 sq. ft. N.P.A.
523 sq. ft. N.P.A.
13.1 = 14
The existing commercial center is occupied by the subject restaurant and a dry cleaning
facility. The dry cleaning facility, which was authorized by a use permit (UP3431) on October
24, 1991, has a parking rate of one space per 250 square feet of gross floor area. With this
ratio, 9.4 spaces are required. Combined with the required restaurant parking (13.1), 23 total
spaces (9.4 + 13.1 = 22.5 = 23) would be required on -site. Since 11 spaces are currently
provided, the site has a parking deficit of 12 parking spaces and is considered legal
nonconforming, as illustrated by Table 2 below:
Table 2: Current Parkina
Land Use
Parking Rate
Floor Area
Spaces Required
Current Restaurant
1 per40 sq. ft. N.P.A.
523 sq. ft. (N.P.A)
13.1
Dry Cleaning
1 per 250 sq. ft.
2,338 sq. ft.
9.4
Total Spaces Required
22.5 = 23
Total Spaces Provided
11
Total Parking Deficit
12
Proposed Parking Requirements
Pursuant to Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces Required) of
the Municipal Code, parking required for restaurant uses may range from a rate of one
space per 30 square feet to one space per 50 square feet of interior N.P.A. based on
physical and operational characteristics of the proposed establishment. No additional
parking is required for outdoor patio areas that are less than 25 percent of the interior
N.P.A.
Although the outdoor dining area will result in the permanent loss of one space, staff has
re-examined the required parking for the restaurant and concluded that a parking rate of
one space per 44 square feet of N.P.A. is appropriate in this case based on a parking
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study prepared by LSA dated March 22, 2019 (Attachment No. PC 5) and the following
location and operational characteristics of the proposed use:
1) There is no live entertainment or dancing and no presence of pool tables and
other attractions;
2) The proposed 130-square-foot outdoor patio is less than 25 percent of the interior
N.P.A.;
3) Due to the restaurant's location on the Balboa Peninsula, which consists of
higher density residential and close proximity to the beach, a higher percentage of
customers are expected to walk or bike to the restaurant. As observed by the
parking study, more than 25 percent of observed customers arrived by a travel
mode not requiring a parking space; and
4) The observed parking demand revealed that during peak hours, there were still
vacant parking spaces in the parking lot to accommodate the restaurant and the
dry cleaning customers.
With a required parking rate of one space per 44 square feet of N.P.A., the total parking
required between the restaurant and dry cleaning facility is 22 spaces (11.9 + 9.4 = 21.3
= 22). Since 10 spaces are proposed, the parking lot would remain deficient by 12 parking
spaces. The addition of the outdoor dining area would not intensify the nonconforming
parking deficit, allowing for the loss of one on -site space to accommodate the patio, as
illustrated by Table 3 below:
Land Use
Parking Rate
Floor Area
Spaces
Required
Proposed Restaurant
1 per 44 sq. ft. (N.P.A.)
523 sq. ft. N.P.A
11.9
Patio
1 per 44 sq. ft. (for area in
excess of 25% of interior N.P.A.)
130 sq. ft.
0
Dry Cleaning
1 per 250 sq. ft.
2,338 sq. ft.
9.4
Total Spaces Required
21.3 = 22
Total Spaces Provided
10
Total Parking Deficit
12
Parking Study Considerations
The parking study provided observations from March 8, 2018 and February 16, 2019. The
statistics provided from the observations are representative of the parking conditions
throughout the majority of the year, except for peak summer months and holidays. During
these periods when parking is heavily impacted throughout the peninsula, the restaurant
functions as a convenience to visitors who are already in the area.
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The parking study observed that some customers of both the restaurant and dry cleaning
facility parked within the six on -street metered spaces located immediately adjacent to
the building along each side of Newport Boulevard for convenience; however, when
taking into account the peak parking demand based on all areas where customers were
observed parking (including the metered street spaces), a total demand of nine parking
spaces was observed. The study concludes that this observed peak parking demand of
nine spaces can be accommodated by the 10 parking spaces remaining after construction
of the outdoor dining area. The remaining tenth parking space accommodates any
additional parking demand generated by the outdoor dining area due to the significant
amount of walk-up and bike -up traffic to the restaurant. No impacts related to parking are
anticipated.
Impacts to Reporting District 15 and Review of Past Operations
The proposed restaurant is located within Police Reporting District (RD) 15, which
stretches from 20th Street to 37th Street along the Newport Beach Peninsula. RD15 is
reported to ABC as a high crime area as compared to other reporting districts in the City.
The proposed location meets the legal criteria for undue concentration as it relates to
crime and the over -saturation of alcohol licenses.
The Police Department has provided a Memorandum regarding the proposed outdoor
patio dining area (Attachment No. PC 6). The Police Department has no records of any
alcohol -related calls for service in the past 24 months related to the restaurant's business
operation. The Police Department has also provided a summary of calls for service to the
subject property (Attachment No. PC 7). There are no records of noise complaints at the
restaurant in the police dispatch call logs and no evidence that the restaurant contributes
to the burden on police resources. Therefore, despite its location in RD15, the Police
Department has no objections to the outdoor dining area and outdoor alcohol service, as
the business is not expected to be a burden on police resources due to its business
operations and limited hours (6:00 a.m. and 9:00 p.m., daily).
Code Enforcement has had a small number of cases with the restaurant since its opening
in 2014, which were all subsequently resolved. These cases include minor work without
permits and an issue with the trash enclosure overflowing. No Code Enforcement cases
for the restaurant were related to alcohol or noise issues.
Findings for Minor Use Permit
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
the Planning Commission must make the following findings for approval of a minor use
permit:
1. The use is consistent with the General Plan and any applicable specific plan;
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2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity,
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Staff believes sufficient facts exist in support of each finding. The project site is physically
suitable for an outdoor dining area and it will serve both residents and visitors in the
neighborhood. As conditioned, the restaurant is expected to operate in an effective
manner that is compatible with the surrounding commercial and residential uses nearby.
As previously indicated, the existing restaurant is consistent with the CV designation as
it is intended to provide service not only to visitors, but also to residents within the
immediate neighborhood and surrounding area. The proposed outdoor dining area will
remain consistent with the General Plan designation, as it will provide additional outdoor
seating for the restaurant.
The restaurant will continue to adhere to the existing hours of operation between 6:00
a.m. and 9:00 p.m., daily, consistent with the hours of other similar establishments and
uses in the commercial area. The restaurant, including the proposed outdoor dining area,
is required to comply with the City's noise ordinance and no outside paging system or
outside amplified music is allowed. In addition, the applicant shall receive the necessary
approval from ABC to serve alcohol in the outdoor dining area prior to the sale and
consumption of alcohol within the patio. As previously discussed, although the outdoor
dining area will result in the loss of one on -site parking space, it does not result in the
intensification of the nonconforming parking deficit due to the change in parking
requirements and observed and anticipated parking demand of the use with the patio.
The City's Traffic Engineer has reviewed the proposed outdoor dining area for traffic
safety visibility. There are no objections to the location of the outdoor dining structure, as
it has been set back from the sidewalk adjacent to Newport Boulevard to avoid traffic
visibility issues with oncoming motorists.
Lastly, the restaurant has operated since 2014, including alcohol service since 2015,
without major problems or complaints. The Police Department does not view the
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restaurant as a burden to its resources and has no objections towards the alcohol service
in the outdoor dining area.
Findings for Coastal Development Permit
The subject property is located within the Coastal Zone. In accordance with Section
20.52.015.F (Coastal Development Permits), the Planning Commission must also make
the following findings for approval of a coastal development permit:
1. Conforms to all applicable sections of the certified Local Coastal Program;
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments located in the
CV Coastal Zoning District that are classified as Food Service, No Late Hours, are allowed
uses. The Minor Use Permit is for a property within a developed neighborhood that is
approximately 600 feet from the harbor and is not near any natural landforms or
environmentally sensitive areas.
The project site is not located between the nearest public road and the sea or shoreline
and approval of the Minor Use Permit will not affect public recreation, access or views.
The subject property is located a large distance from the public beach (+800 feet) and
harbor (+600 feet), and is not located near a public viewpoint designed by the Coastal
Land Use Plan. As stated in the parking study, the 10 parking spaces on -site are adequate
to accommodate the total observed peak parking demand of nine spaces including any
additional demand generated by the proposed patio, and no impacts to the availability of
public parking is expected.
Alternatives
The Planning Commission may suggest specific project modifications or operational
changes that are necessary to alleviate concerns. Modifications may address the
business operation plan. If the changes are substantial, the item should be continued
to a future meeting to allow the changes to be incorporated.
2. If the Planning Commission believes that the facts to support the findings for approval
are insufficient at this time, the Planning Commission may deny the application. Refer
to the draft resolution for denial provided as Attachment No. PC 2.
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Environmental Review
The project is categorically exempt under Section 15301, of the State CEQA Guidelines
— Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing
buildings where there is negligible or no expansion of use. Sessions Sandwiches is an
existing restaurant. The proposed project involves the addition of a 130-square-foot
outdoor dining area in conjunction with the existing restaurant.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants
of property within 300 feet of the boundaries of the site (excluding intervening rights -of -
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by:
David S. Lee, -Assistant Planner
ATTACHMENTS
Submitted by:
, tv L.,
James Campbell, 15eputy Director
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Public Correspondence
PC 4 Zoning Administrator Minutes of May 16, 2019
PC 5 LSA Parking Study
PC 6 Police Department Memorandum
PC 7 Additional Police Correspondence
PC 8 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
13
E.
RESOLUTION NO. PC2019-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO.
UP2018-022 AND COASTAL DEVELOPMENT PERMIT CD2018-
094 TO ADD AN OUTDOOR DINING AREA TO AN EXISTING
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 2823 NEWPORT BOULEVARD (PA2018-241)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sessions Sandwiches Newport Beach, LLC ("Applicant'), with
respect to property located at 2823 Newport Boulevard, and legally described as Lots 18,
19, 20, and 21 of subdivision of Block 227, Section "A" of Newport Beach, as shown on a
map recorded in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County
("Property") requesting approval of a minor use permit and coastal development permit.
2. The Applicant proposes to add a 130-square-foot outdoor dining area with alcohol
service to an existing eating and drinking establishment ("Project'). The existing
restaurant currently operates with a Type 41 (On -Sale Beer and Wine for Bona Fide
Public Eating Place) Alcoholic Beverage Control (ABC) license and has hours of
operation between 6:00 a.m. and 9:00 p.m., daily. No other operational changes are
requested or proposed.
3. The Property is located within the Commercial Visitor -Serving (CV) Zoning District and the
General Plan Land Use Element category is Visitor Serving Commercial (CV).
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Visitor Serving Commercial (CV -A) (0.0 — 0.75 FAR).
5. A public hearing was held on May 16, 2019, in the Corona del Mar Conference Room (Bay
E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time place and purpose
of the meeting was given in accordance with the Ralph M. Brown Act and the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and considered
by, the Zoning Administrator at this hearing.
6. At the conclusion of the hearing on May 16, 2019, the Zoning Administrator directed the
application to the Planning Commission for consideration and review based on public
concern regarding the expansion of alcohol service on the proposed patio.
7. A public hearing was held on June 6, 2019, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in
accordance with the Ralph M. Brown Act and Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project has been determined to be categorically exempt pursuant to Title 14,
Division 6, Chapter 3 Section 15315 of the California Code of Regulations (Guidelines
for Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. Sessions Sandwiches is an existing restaurant. The
Project involves the addition of a 130-square-foot outdoor dining area in conjunction with
the existing restaurant.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code (NBMC), the following findings and facts in support of the findings for a minor
use permit are set forth:
Findinq:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan Land Use Element designates the site as Visitor Serving Commercial
(CV) which is intended to provide for accommodations, goods, and services to primarily
serve visitors to the City of Newport Beach.
2. The existing restaurant includes alcohol sales and service to the restaurant and is
consistent with the CV designation as it is intended to provide service not only to visitors,
but also to residents within the immediate neighborhood and surrounding area. The
proposed outdoor dining area will remain consistent with the General Plan designation,
as it will provide additional outdoor seating for the restaurant.
3. Restaurants are common within the vicinity and are complementary to the surrounding
commercial uses along the Newport Boulevard business corridor.
4. The subject property is not part of a specific plan area.
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Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The zoning designation for the Property is Commercial Visitor -Serving (CV) which is
intended to provide for areas appropriate for accommodations, goods, and services
intended to serve primarily visitors to the City. Pursuant to Zoning Code Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), food
service, eating and drinking establishments with alcohol service and no late hours (after
11:00 p.m.) are permitted subject to the approval of a minor use permit.
2. The restaurant operates under an existing minor use permit (UP2014-050), which was
approved on March 5, 2015, to add a Type 41 (On -Sale Beer and Wine) Alcoholic
Beverage Control (ABC) license and reduce the hours of operation to the existing
restaurant. Prior to this use permit, operation of the restaurant with 523 square feet of net
public area (N.P.A.) was authorized by a minor use permit (UP2013-012), which was
approved on September 12, 2013. The addition of an outdoor dining area will not affect
compliance with conditions established by the existing minor use permit. All applicable
conditions of approval have been incorporated herein.
3. As established by the restaurant's original use permit (UP2013-012), the parking for the
restaurant is considered legal nonconforming due to parking because 11 parking spaces
are provided on -site, whereas, based on a parking ratio for the previous retail use of one
space per 250 gross square feet ("sq. ft."), a total of 14 parking spaces (3,307 sq. ft./250 =
13.2 = 14) were required. Pursuant to NBMC Chapter 20.38.060 (Nonconforming Parking),
a nonconforming use in a nonresidential zoning district may be changed to a new use
allowed in that zoning district without providing additional parking, provided no
intensification or enlargement (e.g. increase in floor area) occurs. The restaurant was
approved with a parking rate of one space per 40 square feet of N.P.A. With this ratio, 14
spaces (523 sq. ft. of N.P.A./40 = 13.1 = 14) would also be required on -site; therefore, the
use was found not to intensify the parking requirement above what was required for the
previous retail use.
4. The existing commercial center consists of the subject restaurant and a dry cleaning
facility. The dry cleaning facility, which was authorized by a use permit (UP3431) on
October 24, 1991, has a parking rate of one space per 250 square feet of gross floor area.
With this ratio, 9.4 spaces are required. Combined with the required restaurant parking
(13.1), 23 total spaces (9.4 + 13.1 = 22.5 = 23) would be required on -site. Since 11 spaces
are currently provided, the Property has a parking deficit of 12 parking spaces and is
considered legal nonconforming.
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5. The proposed location of the 130-square-foot outdoor dining area is in an existing parking
space in the southeastern corner of the parking lot. Pursuant to Sections 20.40.040 and
21.40.040 (Off -Street Parking Spaces Required) of the Municipal Code, parking required
for restaurant uses may range from a rate of one space per 30 square feet to one space
per 50 square feet of interior N.P.A. based on physical and operational characteristics
of the Project. No additional parking is required for outdoor patio areas that are less than
25 percent on the interior N.P.A. Staff has re-examined the required parking for the
restaurant and concluded that a parking rate of one space per 44 square feet of N.P.A.
is appropriate in this case based on a parking study prepared by LSA dated March 22,
2019 and the following location and operational characteristics of the proposed use:
a) There is no live entertainment or dancing and no presence of pool tables and
other attractions;
b) The proposed 130-square-foot outdoor patio is less than 25 percent of the interior
N.P.A.;
c) Due to the restaurant's location on the Balboa Peninsula, which consists of a
higher density residential and close proximity to the beach, a higher percentage
of customers are expected to walk or bike to the restaurant. As observed by the
parking study, more than 25 percent of observed customers arrived by a travel
mode not requiring a parking space; and
d) The observed parking demand revealed that during peak hours, there were still
vacant parking spaces in the parking lot to accommodate the restaurant and the
dry cleaning customers.
6. With a required parking rate of one space per 44 square feet of N.P.A., the total parking
required between the restaurant and dry cleaning facility is 22 spaces (9.4 + 11.9 = 21.3
= 22). Since 10 spaces are proposed, the parking lot would remain deficient by 12
parking spaces. The addition of the outdoor dining area would not intensify the
nonconforming parking situation.
7. The parking study observed that some customers parked within the six on -street
metered spaces located immediately adjacent to the building along each side of Newport
Boulevard for convenience; however, when taking into account the peak parking
demand based on all areas where customers were observed parking (including the
metered spaces), a total demand of nine parking spaces is observed. This observed
peak parking demand of nine spaces can be accommodated by the 10 parking spaces
remaining after construction of the proposed outdoor dining area and no impacts related
to parking are anticipated.
8. The use will remain a restaurant and, as conditioned, the Project will continue to comply
with Zoning Code standards for eating and drinking establishments.
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Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The surrounding area contains various, retail, business office and visitor serving
commercial uses including restaurants that serve alcoholic beverages. The proposed
addition of the outdoor dining area provides additional seating for restaurant patrons and
would be consistent with the existing and permitted nonresidential uses within the area.
2. The restaurant will continue to adhere to the existing hours of operation between 6:00
a.m. and 9:00 p.m., daily, consistent with the hours of other similar establishments and
uses in the commercial area.
3. The operational conditions of approval relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize alcohol -related impacts.
The Project has been conditioned to ensure that the business remains a restaurant and
does not become a bar, club, or tavern.
4. The restaurant, including the proposed outdoor dining area, is required to comply with
the City's noise ordinance and no outside paging system or outside amplified music is
allowed.
5. The Police Department has reviewed the request, including the ability to serve alcohol on
the patio, and has no objections to the Project as the use has not been a burden on police
resources. The operational conditions of approval relative to the sale of alcoholic
beverages will ensure compatibility with the surrounding uses and minimize alcohol -
related impacts. The operator is required to take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance in parking areas, sidewalks
and areas surrounding the Property and adjacent properties during business hours, if
directly related to the patrons of the establishment.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. The restaurant is currently operating, and the tenant space was previously reviewed and
permitted.
2. Prior to occupancy, the tenant space and Property were reviewed to ensure adequate
public and emergency vehicle access, public services, and utilities were provided for on-
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Planning Commission Resolution No. PC2019-016
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site. The tenant improvement plans were reviewed for compliance with applicable
building and fire codes.
3. The proposed outdoor dining area has been reviewed by the Public Works department
to ensure that the patio structure provides a sufficient site distance triangle and does not
interfere with motorists traveling on Newport Boulevard.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, and safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project has been reviewed and includes conditions of approval that ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks, and
areas surrounding the Property during adjacent properties during business hours, if
directly related to the patrons of the establishment.
2. The Police Department believes that with the conditions of approval, the Project will not
have a negative impact on the community and police services.
3. The Project has been reviewed by the City's Traffic Engineer for traffic safety visibility.
The proposed outdoor dining area has been set back from the sidewalk adjacent to
Newport Boulevard to avoid traffic visibility issues with oncoming motorists.
4. Compliance with the Municipal Code standards related to noise, lighting and other
performance standards will help ensure that the proposed use will be compatible with
the surrounding area.
5. The restaurant will serve the surrounding community. The additional outdoor dining area
will provide patrons with additional seating options and is not uncommon in
establishments of this type. Additionally, the outdoor dining area will provide an
economic opportunity for the property owner to maintain a successful business that is
compatible with the surrounding community.
6. The Applicant is required to comply with the requirements of the California Department
of Alcoholic Beverage Control to ensure the safety and welfare of customers and
employees within the establishment. All owners, managers, and employees selling or
serving alcohol will be required to complete a certified training program in responsible
methods and skills for selling alcoholic beverages.
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Coastal Development Permit
The Minor Use Permit is consistent with the legislative intent of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal
Development Permit based on the following findings per Section 21.52.015.F of Title 21:
Finding:
F. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Minor Use Permit is for the addition of an outdoor dining area for an existing
restaurant and meets all of the requirements of the Local Coastal Program.
2. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments located in the
CV Coastal Zoning District that are classified as Food Service, No Late Hours, are
allowed uses.
3. The on -site parking provided for the commercial building is legal, nonconforming. Staff
has re-evaluated the required parking and determined that the loss of one parking space
for the addition of the outdoor dining area does not intensify the nonconforming parking
for the site.
4. The Minor Use Permit is for a property within a developed neighborhood that is
approximately 600 feet from the harbor and is not near any natural landforms or
environmentally sensitive areas.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Fact in Support of Finding:
1. The Property is not between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone. The subject property is located a large
distance from a public beach (+800 feet) or harbor (+600 feet) and is not located near a
public viewpoint designated by the Coastal Land Use Plan. As stated in the parking
study, the 10 on -site parking spaces is adequate to accommodate the total observed
peak parking demand of nine spaces and no impacts to the availability of public parking
is expected.
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Planning Commission Resolution No. PC2019-016
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Minor Use
Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094, subject to the
conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal
Code.
3. This resolution supersedes Planning Commission Resolution No. 1971, which upon
vesting of the rights authorized by this Minor Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF JUNE, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
Lee Lowrey, Secretary
07-22-2014
LPN
Planning Commission Resolution No. PC2019-016
Page 9 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Applicable Conditions required by Minor Use Permit No. UP2014-050 (Planning Commission
Resolution No. 1971) have been incorporated into the conditions herein)
PLANNING DIVISION
The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval, except as
modified by applicable conditions of approval.
2. This Minor Use Permit and Coastal Development Permit may be modified or revoked by
the Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health, welfare
or materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
3. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, may require an amendment to this Minor Use
Permit and Coastal Development Permit or the processing of new use permits.
4. Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094
shall expire unless exercised within 24 months from the date of approval as specified in
Section 20. 54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code,
unless an extension is otherwise granted.
5. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
6. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Minor
Use Permit and Coastal Development Permit.
8. Live entertainment and dancing shall be prohibited at the premises.
9. The eating and drinking establishment is allowed a Type 41 (On -Sale Beer and Wine
for Bona Fide Public Eating Place) ABC license. The sale of alcohol for off -site
consumption is prohibited.
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10. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. Interior net public area shall be limited to 523 square feet. Exterior net public area shall
be limited to 130 square feet.
12. The hours of operation for the food service use are limited to between 6:00 a.m. and
9:00 p.m., daily.
13. No outside paging system or amplified music shall be utilized in conjunction with this
establishment.
14. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:OOAM
and 10:00PM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
15. The Applicant shall receive necessary approval from the California Department of
Alcoholic Beverage Control to serve alcohol in the outdoor dining area.
16. The Applicant shall take reasonable steps to ensure that noise created by music and or
video in the interior of the establishment does not impact surrounding residential land
uses.
17. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
18. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure, or otherwise screened from view of neighboring properties, except when
placed for pick-up by refuse collection agencies.
19. A gate shall be installed to enclose the existing trash enclosure and shall be locked
when not in use.
20. The walls of the existing trash enclosure shall be increased in height so no portion of
the trash dumpster is visible from the public right-of-way.
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21. The trash dumpster within the trash enclosure shall be covered with a solid lid.
22. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality -
related requirements).
23. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
24. 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 Director of
Community Development, and may require an amendment to this Minor Use Permit and
Coastal Development Permit.
25. 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.
26. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code regulations or any sign program applicable to the
property.
27. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Sessions Sandwiches Patio Expansion including, but not limited to, Minor Use
Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094 (PA2018-
241). This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by Applicant,
City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The Applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
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BUILDING AND FIRE DEPARTMENT
28. The Applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City -adopted
version of the California Building Code. The facility shall be designed to meet exiting
and fire protection requirements as specified by the California Building Code and shall
be subject to review and approval by the Building Division.
29. The construction plans must meet all applicable State Disability Access requirements.
30. Approval from the Orange County Health Department is required prior to the issuance
of a building permit.
31. All exits shall remain free of obstructions and available for ingress and egress at all
times.
32. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are
not allowed on Sundays or Holidays.
REVENUE DIVISION
33. A valid business license from the City of Newport Beach with a seller's permit shall be
required prior to start of business. Any contractors/subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
PUBLIC WORKS DEPARTMENT
34. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
35. The Applicant shall reconstruct the existing broken and/or otherwise damaged concrete
sidewalk panels, curb and gutter along the Newport Boulevard frontages.
36. An encroachment permit is required for all work activities within the public right-of-way.
37. All improvements shall comply with the City's sight distance requirement, pursuant to
City Standard 110-L and Municipal Code Section 20.30.130.
38. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way may be
required at the discretion of the Public Works Inspector.
39. All on -site drainage shall comply with the latest City Water Quality requirements.
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40. The existing water meter servicing the project site shall be protected with a reduced
pressure backflow assembly and shall be sized to match the water meter.
41. Bicycle parking shall be provided on -site and be positioned to ensure that the bicycle
rack and bicycles do not encroach into the public right-of-way.
42. No persons shall be permitted to stand at the outside of the outdoor dining area.
43. The proposed raised planter shall be located entirely on private property and shall be
limited to a maximum height of 24-inches.
44. Planting within the raised planter shall be limited to a maximum of 24 inches above
adjacent public sidewalk grade.
POLICE DEPARTMENT
45. The approval of Minor Use Permit No. UP2018-022 and Coastal Development Permit
No. CD2019-094 does not permit Sessions Sandwiches 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.
46. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the scheduled closing time.
47. Alcoholic beverages shall only be served and consumed inside the subject
establishment, except for the outdoor patio area.
48. No "happy hour" -type of reduced price alcoholic beverage promotion shall be allowed.
49. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
50. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
51. The quarterly gross sales of alcoholic beverages shall not exceed 30 percent of the
gross sales of food during the same period. The licensee shall at all times maintain
records, which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less frequently than
on a quarterly basis and shall be made available to the Police Department on demand.
52. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
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53. Strict adherence to maximum occupancy limits is required.
54. 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 within 60 days of hire. This training must be updated every
three years regardless of certificate expiration date. The certified program must meet
the standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
55. The use of pitchers or other large volume serving devices shall be prohibited.
56. Alcoholic beverages shall be sold with food, and not sold separately.
57. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage Control license. Material violation of any of those laws or
conditions in connection with the use is a violation and may be cause for revocation of
the Minor Use Permit and Coastal Development Permit.
07-22-2014
22
Attachment No. PC 2
Draft Resolution for Denial
29
30
RESOLUTION NO. PC2019-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING MINOR USE PERMIT NO.
UP2018-022 AND COASTAL DEVELOPMENT PERMIT CD2018-
094 TO ADD AN OUTDOOR DINING AREA TO AN EXISTING
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 2823 NEWPORT BOULEVARD (PA2018-241)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sessions Sandwiches Newport Beach, LLC ("Applicant'), with
respect to property located at 2823 Newport Boulevard, and legally described as Lots 18,
19, 20, and 21 of subdivision of Block 227, Section "A" of Newport Beach, as shown on a
map recorded in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County
("Property") requesting approval of a minor use permit and coastal development permit.
2. The Applicant proposes to add a 130-square-foot outdoor dining area with alcohol
service to an existing eating and drinking establishment ("Project'). The existing
restaurant currently operates with a Type 41 (On -Sale Beer and Wine for Bona Fide
Public Eating Place) Alcoholic Beverage Control (ABC) license and has hours of
operation between 6:00 a.m. and 9:00 p.m., daily. No other operational changes are
requested or proposed.
3. The Property is located within the Commercial Visitor -Serving (CV) Zoning District and the
General Plan Land Use Element category is Visitor Serving Commercial (CV).
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Visitor Serving Commercial (CV -A) (0.0 — 0.75 FAR).
5. A public hearing was held on May 16, 2019, in the Corona del Mar Conference Room (Bay
E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time place and purpose
of the meeting was given in accordance with the Ralph M. Brown Act and the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and considered
by, the Zoning Administrator at this hearing.
6. At the conclusion of the hearing on May 16, 2019, the Zoning Administrator directed the
application to the Planning Commission for consideration and review based on public
concern regarding the expansion of alcohol service on the proposed patio.
7. A public hearing was held on June 6, 2019, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in
accordance with the Ralph M. Brown Act and Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this hearing.
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Planning Commission Resolution No. PC2019-016
Paqe 2 of 3
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
The Planning Commission may approve a use permit only after making each of the five required
findings set forth in Newport Beach Municipal Code (NBMC) Subsection 20.52.020 (F)
(Findings and Decision) of the NBMC. In this case, the Planning Commission was unable to
make the required findings based upon the following:
1. The subject property is located within Police Reporting District 15, which is considered
the most concentrated area for retail alcohol establishments in the City. The addition of
alcohol service in the outdoor dining area does not serve the public convenience and
necessity as other outlets are easily accessible to consumers.
2. The addition of an outdoor dining area with alcohol service may impact surrounding
residential neighborhoods with increases in alcohol -related crime and calls for service.
Coastal Development Permit
The Planning Commission may approve a coastal development permit only after making the
findings in NBMC Subsection 21.52.015(F) (Coastal Development Permits — Findings and
Decision). In this case, the Planning Commission was unable to make the required findings
based on its potential impact on coastal resources.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit
No. UP2019-022 and Coastal Development Permit No. CD2018-094 subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
07-11-17
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Planning Commission Resolution No. PC2019-016
Paqe 3 of 3
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF MAY, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
23
Lee Lowrey, Secretary
07-11-17
33
M.
Attachment No. PC 3
Public Correspondence
15
3o
Zoning Administrator - May 16, 2019
Item No. 7a - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: PW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Date: Wednesday, May 15, 2019 2:34:49 PM
Attachments: imaae001 ono
Begin forwarded message:
From: Brian<newportbeachresident(@yahoo.com>
Date: May 15, 2019 at 8:49:22 AM PDT
To:<citycouncil(@newportbeachca.gov>, <ddixon6Dnew0oortbeachca.gov>
Subject: Sessions Sandwiches Patio Seating and Request to Serve Alcohol
Outside
City Council
I am a homeowner in Newport Beach on the peninsula
I am requesting that Sessions Sandwiches' request for approval of"Sessions
Sandwiches Patio Expansion Coastal Development Permit No. CD2018-094 and Minor
Use Permit No. UP2018-022 (PA2018-241)" be denied. The matter is currently on
schedule to be heard by the Zoning Administrator on May 16, 2019. If the City
Council is not a position to outright deny Sessions Sandwiches' request for approval, I
ask that the matter be heard by the Planning Commission.
As a condition to approving Sessions Sandwiches' 2015 Permit No. UP2014-050 (for
beer/wine sales), the Planning Commission refused to allow Sessions Sandwiches to
serve alcohol outside. Specifically, Condition No. 44 states: "Alcoholic beverages
shall only be served and consumed inside the subject establishment." Sessions
Sandwiches is located in a section of Newport Beach that is currently oversaturated
with alcohol establishments. As has been widely publicized, this oversaturation has
had a negative impact on the quality of life for the residents (for example, this area has
the highest crime rates in the city, public displays of drunkenness, increased noise,
etc.). Condition No. 44 is an important control meant to protect local residents' quality
of life and to mitigate the deleterious impacts of increased alcohol use in the
neighborhood. Sessions Sandwiches has characterized their current request to serve
alcohol outside as a simple parking variance, but in fact, it presents a significant change
in use of the property that should be heard at the Planning Commission level.
Thank you
Brian Park
37
Zoning Administrator - May 16, 2019
Item No. 7b - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: EW: Sessions Deli - Patio Extension
Date: Wednesday, May 15, 2019 2:38:05 PM
From: Jake Janz [mailto:jakejanzl@gmail.com]
Sent: Wednesday, May 15, 2019 12:09 PM
To: Lee, David <d lee@ newportbeachca.gov>
Cc: Jurjis, Seimone <sjurjis@newportbeachca.gov>
Subject: Sessions Deli - Patio Extension
Hi David,
My name is Jake Janz. I am Newport Beach resident, a founding board member of
the Ben Carlson Foundation, as well as a founding board member of the Newport
Beach Foundation. I love our community and this is why I am writing you today.
I would like to express my full support in regards to the patio extension application
submitted by Sessions Deli, located on Newport Blvd. Over the last 5 years, Sessions
and Matt Maddock, the owner and a great friend of mine, have not only grown an
amazing restaurant but they have also built a terrific reputation of generously
supporting numerous local organizations, non -profits and charity events. They are a
growing business with a big heart for all customers and the neighborhood that they
are surrounded by. That being said, it is my hope that our City will approve of
Sessions Deli application as we should all be proud and supportive of those making
such positive impact, especially when it's such an up -standing establishment in our
own back yard.
Sincere thanks for your time and consideration.
Respectfully,
Jake Janz
Ben Carlson Foundation
www.bencarlsonfoundation.ora
#BENDIDGO
ON
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: PW: Sessions Deli - I support the new small patio
Date: Wednesday, May 15, 2019 4:32:26 PM
From: Robert Schacht [mailto:robert@innovaexams.com]
Sent: Wednesday, May 15, 2019 4:29 PM
To: Lee, David <d lee@ newportbeachca.gov>
Subject: Sessions Deli - I support the new small patio
Hello,
As a business owner a block away from Sessions and a Newport resident, I would like to
vehemently express my support for the proposed new patio at Sessions West Coast Deli on the
Newport Peninsula. It is a very small space and one parking spot is negligible, but more
importantly it will be a great addition to Sessions and the neighborhood. There are so many
great things about Newport, with our weather being near the top of the list, but the city has
done a poor job in allowing an outdoor dining experience. There are so few restaurants that
have outdoor dining, patios, etc that the more we can have the better, and I would even go so
far as to say the lack of outdoor dining is a major negative for Newport residents and visitors.
With so many other nearby cities cultivating outdoor dining experience, Newport is more then
behind the times and can not even compare to many other cities in the US and Europe. When
you drive onto the Newport Peninsula you are basically on a highway that is NOT Inviting, a
nice restaurant with a patio will certainly enhance the Peninsula look and feel.
Please allow Sessions to enhance our neighborhood and community dining experience.
Robert Schacht
Innova Exams, Inc.
401 30th St.
Newport Beach, CA 92663
Main 800-735-1353
Cell 949-945-3916
Fax 855-706-0909
Email robertninnovaexams.com
S9
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Wednesday, May 15, 2019 5:21 PM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Outdoor Patio Will Enhance Newport Beach
From: Cynthia Zhuang [mailto:clzhuana888@email.coml
Sent: Wednesday, May 15, 2019 5:13 PM
To: Lee, David <dlee@newoortbeachca.eov>
Subject: Outdoor Patio Will Enhance Newport Beach
Hello,
I am just writing you this e-mail to inform you of my support of the patio in front of Sessions.
I personally think that adding a balcony and having an outdoor patio will enhance tourism and
the restaurant environment in Newport Beach (specifically Balboa). In my opinion, losing one
parking spot is not a big deal; I'd rather have a nice patio to eat than have a parking spot.
Thank you for your time.
Best,
Cynthia Z.
May you have a wonderful day.
LUO
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Thursday, May 16, 2019 7:57 AM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Sessions Patio
-----Original Message -----
From: Brian<newportbeachresident(cDvahoo.com>
Sent: Wednesday, May 15, 2019 11:57 PM
To: Lee, David <dlee(a)newportbeachca.gov>
Subject: Re: Sessions Patio
David
I sent the below email to the City Council.
I am forwarding it to you to put on the record for the Sessions Sandwiches zoning hearing
tomorrow.
Per the below, I object to Sessions Sandwiches' request for approval to have patio seating and I
would like to request that the matter be reviewed by the Planning Commission.
Please confirm receipt of this email.
Thank you
Brian Park
On May 15, 2019, at 5:36 AM, Dixon, Diane <ddixontoD.newportbeachca.gov> wrote:
Hi Brian
Rhis zoning request can go through the zoning hearing process unless residents write to have it
heard at the planning commission level. This project is not requesting any change in condition
only uses. It is classified as a parking waiver. Please write to the city Council via the city website
and request that this matter be heard at planning commission level.
Diane
Diane B Dixon, Mayor
Councilmember
949.287.9211
> On May 9, 2019, at 7:33 PM, Brian<newportbeachresident(a)yahoo.com> wrote:
> Monday works. The zoning hearing is for May 16.
iM
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
> On May 9, 2019, at 6:59 PM, Dixon, Diane <ddixon(cDnewportbeachca.aov> wrote:
> I was not aware. Let me check on this. I'm out of town for Mother's Day. May I call you
Monday?
> Diane
> Diane B Dixon, Mayor
> Councilmember
> 949.287.9211
>> On May 9, 2019, at 5:49 PM, Brian<newportbeachresidentCcDvahoo.com> wrote:
>> Diane - do you have a few minutes sometime tomorrow to discuss Sessions' request for
patio seating?
>> -Brian Park
>> 805-637-9266
iWN
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Thursday, May 16, 2019 8:00 AM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Support for Sessions Patio...
-----Original Message -----
From: T.J. Graber <ticiraber(a)vahoo.com>
Sent: Wednesday, May 15, 2019 4:51 PM
To: Lee, David <dlee(a)newportbeachca.gov>
Subject: Support for Sessions Patio...
Hi, just a quick note as I heard Sessions has an interest in a small patio eating area... as a
Newport resident and patron of Sessions, a patio will be a great addition to the restaurant and to
the area. There are so few restaurants that have outdoor dining or a patio in Newport, this would
be a great addition. Please allow the addition of a patio for sessions.
Thank you,
T.J. Graber
446 El Modena Ave
Sent from my iPhone
am
ME
Attachment No. PC 4
Zoning Administrator Minutes of May 16, 2019
&JIM
40
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2019
ITEM NO.7 Sessions Sandwiches Patio Expansion Coastal Development Permit No. CD2018-094
and Minor Use Permit No. UP2018-022 (PA2018-241)
Site Location: 2823 Newport Boulevard Council District 1
The Zoning Administrator asked staff to explain why the item is being heard by the Zoning Administrator, when
the approval of the previous minor use permit was made by the Planning Commission. Staff stated that the
Zoning Code specified that a change to an approved project may only be approved by the original review
authority for the project, which in this case is the Zoning Administrator.
David Lee, Assistant Planner, provided a brief project description stating that the application is for a minor use
permit and coastal development permit to add a 130-square-foot outdoor dining area to an existing restaurant.
The proposed outdoor dining area is located within an existing parking space and will result in a loss of one
parking space. Mr. Lee provided background for the restaurant including previous discretionary approvals. Mr.
Lee described the existing parking demand and the re-evaluated parking rate for the restaurant. There is no
intensification to the nonconforming parking lot. Mr. Lee described hours of operation and operating
characteristics. The addition of an outdoor dining area also requires a coastal development permit. Mr. Lee
stated that the restaurant is located a large distance from the beach or harbor and is not located near a public
viewpoint designated by the Coastal Land Use Plan. Staff requested that the Zoning Administrator add a
condition of approval specifying the type of alcohol license allowed (Type 41) and prohibiting the sale of alcohol
for off -site consumption. Staff also requested that the Zoning Administrator delete a condition of approval which
limited the service of alcohol to inside the establishment, since the Police Department has no objections to
alcohol service in the outdoor dining area.
The Zoning Administrator clarified with staff that the parking ratio for the restaurant would change from one
space per 40 square feet of net public area (N.P.A.) to one space per 44 square feet of N.P.A. The Zoning
Administrator questioned staff regarding the provided parking study's winter time observation and how parking
would be affected the remainder of the year. Staff believes that the statistics provided in the study are
representative of the parking situation for the majority of the year.
Applicant Matt Meddock of Sessions Sandwiches stated that he had reviewed the draft resolution and agrees
with all of the required conditions.
The Zoning Administrator asked the applicant about fixed seating within the restaurant. Max Schlezer of
Sessions Sandwiches answered that half of the seats are fixed and the remaining half are movable tables and
chairs. The Zoning Administrator asked the applicant why there is one less parking space than what the
previous approval described in the parking lot. The applicant responded that the new black top faded, which
resulted in the previously striped out space re -appearing.
The Zoning Administrator opened the public hearing.
One member of the public, Brian Park, spoke and stated that he objected to the project due to the oversaturation
of alcohol in the neighborhood, as well as high crime rate. Mr. Park also expressed concern about the proposed
alcohol service on the patio and believes that the previous approval of alcohol service by the Planning
Commission intended to restrict service to inside of the establishment. Mr. Park requested that the application
be heard by the Planning Commission. Mr. Park suggested that the project be approved without alcohol service
on the patio or limited hours of alcohol service on the patio.
The Zoning Administrator asked Mr. Park about previous problems since the restaurant was permitted to sell
alcohol. Mr. Park stated that he had made multiple phone calls to the police regarding fights, noise issues, and
an illegal window installation.
The Zoning Administrator closed the public hearing.
The Zoning Administrator asked staff what the adjacent land uses are. Staff described the surrounding land
uses and stated that there is a mixture of commercial, mixed use and residential properties.
Page 3 of 4
47
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2019
The Zoning Administrator asked staff if there is reconsideration of the proposed parking rate after the
information provided by the applicant. Staff stated that the parking ratio of one space per 44 N.P.A. is
appropriate and that the parking study supports it. The Zoning Administrator asked staff if the restaurant's use
create parking issues for the surrounding neighborhood. Staff believes that it would not.
The applicant provided the Zoning Administrator an e-mail from Police Chief Jon Lewis which clarified the
Police Department's stance on the project.
Due to the Planning Commission's previous placement of a condition of approval that restricted alcohol service
to inside of the restaurant, the Zoning Administrator referred the application to the Planning Commission.
Action: Referred to the Planning Commission
ITEM NO. 8 717 Marigold Partners, LLC Residential Condominiums Tentative Parcel Map No.
NP2019-002 (PA2019-041)
Site Location: 717 Marigold Avenue Council District 6
Joselyn Perez, Planning Technician, provided a brief project description stating that the request is for a tentative
parcel map for two -unit condominium purposes.
There had been a single-family residence which has been demolished and a new duplex is currently under
construction. The proposed development is consistent with zoning code including height, setbacks, parking,
and floor area. The project is consistent with the lots R-2 Zoning designation, which allows for two -unit
residential development.
The tentative parcel map would allow each unit to be sold separately as condominiums. There are no waivers
of the subdivision development standards. The project is located outside of the coastal zone and does not
require a coastal development permit.
A representative of the applicant, Buzz Person, stated via email that he had reviewed the conditions with his
client and approved of them.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved it N_
V. PUBLIC COMMENTS ON NON -AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 3:38 p.m.
The agenda for the Zoning Administrator Hearing was posted on May 9, 2019, at 11:25 a.m. on the
digital display board located inside the vestibule of the Council Chambers at 100 Civic Center
Drive and on the City's website on May 9, 2019, at 11:20 a.m.
Patrick J. Alford
Zoning Administrator
Page 4 of 4
M
Attachment No. PC 5
LSA Parking Study
49
50
LSA
MEMORANDUM
DATE: March 22, 2019
To: Matt Meddock
FROM: Ken Wilhelm
SUBJECT: Sessions West Coast Deli Parking Assessment
CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
LSA is pleased to submit this assessment of parking availability for the Sessions West Coast Deli at
2823 Newport Boulevard in Newport Beach, California. In September 2013, the City of Newport
Beach (City) approved the 3,307-square-foot (sf) restaurant with 523 sf of public seating area.
Newport Beach Municipal Code (NBMC) Section 20.40.040 and Section 20.40.60 establish a parking
rate for food service of 1 space per 30 sf to 1 space per 50 sf of net public area, including outdoor
dining areas exceeding 25 percent of the interior net public area or 1,000 sf, whichever is less. At the
time of approval, Sessions West Coast Deli did not have an outdoor dining area and the City
determined that a parking rate of 1 space per 40 sf of public seating area was appropriate based in
part on bicycle parking and walk-up traffic. Using this parking rate, the restaurant required 14
parking spaces (523 sf =1 space per 40 sf = 13.1 spaces).
The restaurant was considered legal nonconforming due to parking because 10 parking spaces are
provided on site. Because the previous land use also required 14 parking spaces, no intensification
or enlargement was proposed, and the change in land use was consistent with NBMC Section
20.38.060. At this time, Sessions West Coast Deli is proposing the addition of an outdoor dining area
of 130 sf, which does not exceed 25 percent of the interior net public area or 1,000 sf. Per NBMC
Section 20.40.040, an outdoor dining area of this size does not require additional parking. The
outdoor dining area would occupy an area that was never striped for parking, but is sometimes used
as a parking space. At the completion of the project, the site would still have 10 parking spaces. This
parking analysis seeks to determine: (1) the parking rate based on empirical data on site, and (2)
whether the parking demand could be accommodated with the parking supply.
Parking Supply
Figure 1 (attached) depicts the existing parking lot. The lot provides 10 striped parking spaces, of
which 1 is designated a handicap -accessible space and 2 (nearest the cleaners) are signed as
suggesting use only by customers of the cleaners. In addition to these off-street spaces, metered on -
street parking spaces are located immediately adjacent to the building along Newport Boulevard.
The 6 metered parking spaces are limited to 30 minutes of parking, which is sufficient for deli
customers.
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.isa.net
.51
LSA
Customer Travel Mode
LSA contracted with an independent data collection company to observe customer arrivals and note
whether the mode of travel was by automobile, bicycle, or walking. Observations were made on
Thursday, March 8, 2018, and Saturday, March 10, 2018, between 7:00 a.m. and 9:00 p.m. Rain
occurred on Saturday, March 10, 2018, so replacement Saturday parking data were collected on
February 16, 2019. Table A displays a summary of the collected travel mode data. It should be noted
that rain occurring on the first surveyed Saturday reduced the number of customers arriving by
bicycle and walking. Overall, on the two typical days surveyed, 28 percent of observed customers
arrived by a travel mode not requiring a parking space (26 percent on the weekday and 29 percent
on the weekend).
Table A: Customer Travel Mode
Thursday, March 8, 2018
Saturday, February 16, 2019
Total
Drove Car
61
77
138
Percent
74%
71%
72%
Bicycle or Skateboard
6
21
27
Percent
7%
19%
14%
Walk
14
11
25
Percent
17%
10%
13%
Rideshare(Uber or
Lyft)
1
0
1
Percent
2%
0%
1%
Total Observed
82
209
191
Parking Demand and Parking Rate
At the same time that customer arrival modes were being collected, the independent data collection
company was recording parking demand within the off-street parking lot and the adjacent on -street
metered parking spaces. This parking accumulation data is attached and also summarized in Table B.
On Thursday (March 8, 2018), a maximum of 6 of the 10 off-street parking spaces were occupied.
This occurred at 12:30 p.m. and again at 3:00 p.m. Despite the available spaces in the parking lot,
some customers chose to park in the on -street spaces. Within the metered parking spaces, a
maximum of 2 of the 6 spaces were occupied at any time. Additionally, despite the available spaces
in the parking lot and on the street, some customers were observed parking in an adjacent parking
lot. (These customers appeared to be picking up take-out orders.) Table B accounts for all of these
customers when calculating peak parking demand. On Thursday, the overall peak parking demand
occurred around 12:00 p.m., when a total of 9 vehicles were parked.
On Saturday (February 16, 2019), a maximum of 7 of the 10 off-street parking spaces were occupied.
This occurred at 3:30 p.m. Again, a maximum of 2 of the 6 metered spaces were occupied at any
time, despite on -site parking spaces being available. On Saturday, the overall peak parking demand
occurred around 3:30 p.m. and 6:30 p.m., when a total of 8 vehicles were parked for the deli in all
parking areas.
3/22/19(P:\SWC1801\Parking Study3.doa) 2
52
LSA
On both the surveyed Thursday and the surveyed Saturday, it appeared from the parking data and
observations that deli customers were parked in cleaners parking spaces after 6:30 p.m., but not
during cleaners business hours. On the surveyed weekday, deli vehicles were observed in the
adjacent parking lot during the lunch period. The vehicles parked in these spaces were included in
the off-street parking totals in Table B.
Table B: Observed Parking Demand
Thursday, March 8, 2018
Saturday, February 16, 2019
Time
Off -Street
(IOSpaces)
Metered
(6Spaces)
Adjacent
Lot
Total
Off -Street
(10 Spaces)
Metered
(6 Spaces)
Adjacent
Lot
Total
7:00 a.m.
1
1
0
2
2
0
0
2
7:30 a.m.
1
0
0
1
2
0
0
2
8:00 a.m.
2
0
0
2
5
0
0
5
8:30 a.m.
2
0
0
2
4
0
0
4
9:00 a.m.
4
1
0
5
4
0
0
4
9:30 a.m.
1
0
0
1
6
0
0
6
10:00 a.m.
1
0
0
1
4
0
0
4
10:30 a.m.
4
2
0
6
3
1
0
4
11:00 a.m.
5
2
0
7
4
0
0
4
11:30 a.m.
5
0
0
5
6
0
0
6
12:00 p.m.
5
2
2
5
0
0
5
12:30 p.m.
6
1
1
8
3
0
0
3
1:00 P.M.
4
1
0
5
3
0
0
3
1:30 p.m.
3
1
1
5
4
1
0
5
2:00 p.m.
4
0
1
5
4
1
0
5
2:30 p.m.
4
1
0
5
4
1
0
5
3:00 p.m.
6
1
0
7
4
0
0
4
3:30 p.m.
5
1
0
6
7
1
0
4:00 p.m.
2
0
0
2
5
2
0
7
4:30 p.m.
2
0
0
2
4
0
0
4
5:00 p.m.
2
1
0
3
3
0
0
3
5:30 p.m.
2
0
0
2
4
2
0
6
6:00 p.m.
3
2
0
5
4
1
0
5
6:30 p.m.
4
1
0
5
6
2
0
7:00 p.m.
3
2
0
5
5
1
1
7
7:30 p.m.
2
2
0
4
4
0
1
5
8:00 P.M.
2
1
0
3
4
0
0
4
8:30 p.m.
1
0
0
1
4
0
0
4
9:00 P.M.
0
0
0
0
4
0
0
4
The observed parking demand revealed that a maximum of 9 vehicles were parked for Sessions
West Coast Deli at any time. The 10 parking spaces remaining after the proposed construction of an
outdoor dining area would be able to accommodate this parking demand. The 6 adjacent metered
spaces would also be available in the event of additional parking demand.
Based on the weekday and weekend parking demand observed for this study, the 523 sf of public
area appears to generate parking demand at a rate of 1 space per 58 sf (523 sf= 9 parking spaces =
3/22/19 (P:\SW C1801\Parking Study3.doa) 3
53
LSA
58 sf per parking space). This observed parking data appear to support adjusting the parking rate
from the previously anticipated 1 space per 40 sf of public area.
Conclusion
Sessions West Coast Deli was originally approved with 10 parking spaces and a parking rate of
1 space per 40 sf of public area. Empirical data collected during a weekday and a weekend showed
that about 28 percent (the average of both days) of the restaurant customers arrive by a travel
mode that does not require a parking space. The peak parking demand in all of the areas where
customers could park was observed to be 9 parking spaces, which is a rate of 1 space per 58 sf of
public area. The observed peak parking demand could be accommodated by the 10 parking spaces
remaining after construction of the proposed outdoor dining area.
Attachments: Figure 1: Existing Parking
Parking Data
3/22/19 (P:\SW C1801\Parking Study3.doa) 4
54
L SA LEGEND FIGURE 1
On -Street Parking Area
1
0 17.5 35
FEET
SOURCE: GooRle Earth, 2018
Sessions West Coast Deli
Existing Parking
I:\SWC1801\G\Exizting_Parking.cdr(3/26/2018)
Prepared by National Data & Surveying Services
Parking Study Study
Location: 18-1044
City: Newport Beach, CA
Day: Thursday
Date: 3/8/2018
Space Type
Parking Lot
Parking VIP
Reg Cleaners only HC Striped Space
5B Newport Blvd.
Metered
NB Newport BLvd.
Metered
Adjacent Lot
Total
Occupancy
Percentage
Spaces
7
2
1
1
3
3
0
17
7:00 AM
0
1
0
0
0
1
0
2
11.8%
7:30 AM
0
1
0
0
0
0
0
1
5.9%
8:00 AM 1
0
1
0
1 1
0 1
0 1
0 1
2
1 11.8%
8:30 AM
1
1
0
0
0
0
0
2
11.8%
9:00 AM
2
2
0
0
0
1
0
5
29.4%
9:30 AM
0
1
0
0
0
0
0
1
5.9%
10:00 AM
1
0
0
1
0
0
0
2
11.8%
10:30 AM
2
2
0
0
1
1
0
6
35.3%
11:00 AM
3
1
0
1
0
2
0
7
41.2%
11:30 AM
4
1
0
0
0
0
0
5
29.4%
12:00 PM
4
0
0
1
2
0
2
9
52.9%
12:30 PM
5
1
0
0
1
0
1
8
47.1%
1:00 PM
4
0
0
0
0
1
0
5
29.4%
1:30 PM
1
1
0
1
1
0
1
5
29.4%
2:00 PM
3
0
0
1
0
0
1
5
29.4%
2:30 PM
3
0
0
1
0
1
0
5
29.4%
3:00 PM
4
1
0
1
0
1
0
7
41.2%
3:30 PM
4
0
0
1
0
1
0
6
35.3%
4:00 PM
2
0
0
0
0
0
0
2
11.8%
4:30 PM
2
0
0
0
0
0
0
2
11.8%
5:00 PM
2
0
0
0
0
1
0
3
17.6%
5:30 PM
2
0
0
0
0
0
0
2
11.8%
6:00 PM
3
0
0
0
0
2
0
5
29.4%
6:30 PM
4
0
0
0
0
1
0
5
29.4%
7:00 PM
3
0
0
0
0
2
0
5
29.4%
7:30 PM
1
1
0
0
0
2
0
4
23.5%
8:00 PM
2
0
0
0
0
1
0
3
17.6%
8:30 PM
1
0
0
0
0
0
0
1
5.9%
9:00 PM
0
0
0
0
0
0
0
0
0.0%
Notes:
150
Prepared by National Data & Surveying Services
Parking Study
Location: 2823 Newport Beach Blvd
City: Newport Beach, CA
Date: 02/16/2019
Day: Saturday
Restriction
Off Street
Reg HC Parking VIP Stripped
Cleaners only space
On Street
SB Newport Blvd NB Newport BLvd
Adjacent Lot
Total
Occupancy
Percentage
Spaces
7
1
2
1
3
3
0
17
7:00 AM
2
0
0
0
1
0
0
3
18%
7:30 AM
2
0
0
0
0
0
0
2
12%
8:00 AM
4
0
1
0
0
0
0
5
29%
8:30 AM
4
0
0
0
0
0
0
4
24%
9:00 AM
4
0
0
0
0
0
0
4
24%
9:30 AM
6
0
0
0
0
0
0
6
35%
10:00 AM
4
0
0
0
0
0
0
4
24%
10:30 AM
3
0
0
0
0
0
0
3
18%
11:00 AM
3
0
1
0
0
0
0
4
24%
11:30 AM
4
0
1
1
0
0
0
6
35%
22:00 PM
3
0
1
1
0
1
0
6
35%
12:30 PM
2
0
0
1
0
1
0
4
24%
1:00 PM
2
0
0
1
0
0
0
3
18%
1:30 PM
2
1
0
1
1
0
0
5
29%
2:00 PM
4
0
0
0
0
0
0
4
24%
2:30 PM
4
0
0
0
0
1
0
5
29%
3:00 PM
4
0
0
0
0
0
0
4
24%
3:30 PM
7
0
0
0
1
0
0
8
47%
4:00 PM
5
0
0
0
1
1
0
7
41%
4:30 PM
4
0
0
0
0
3
0
7
41%
500 PM
3
0
0
0
0
2
0
5
29%
5:30 PM
4
0
0
0
0
2
0
6
35%
6:00 PM
4
0
0
0
1
2
0
7
41%
6:30 PM
5
0
1
0
0
2
0
8
47%
7:00 PM
4
0
1
0
0
3
1
9
53%
7:30 PM
4
0
0
0
0
1
1
6
35%
8:00 PM
4
0
0
0
0
3
0
7
41%
8:30 PM
4
0
0
0
0
3
0
7
41%
9:00 PM
4
0
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Observation Study
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City: Newport Beach, CA
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59
00
Attachment No. PC 6
Police Department Memorandum
02
NEWPORT BEACH POLICE DEPARTMENT
' DETECTIVE DIVISION
a: y
MEMORANDUM
TO: David Lee, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 1, 2019
SUBJECT: Sessions Sandwiches Patio Expansion
2823 Newport Blvd.
PA2018-241
At your request, the Police Department has reviewed the project application for Sessions
Sandwiches located at 2823 Newport Blvd., Newport Beach. Per the project description, the
applicant is seeking a Minor Use Permit to add outdoor dining to their establishment.
Statistical Data and Public Convenience or Necessity
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant's current place of business at
2823 Newport Blvd.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to create statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20t1 Street to 371" Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both
felonies and misdemeanors (except traffic citations) to ABC. These figures make up the "Crime
Count" which is indicated on the attached statistical data form.
This reporting district is reported to ABC as a high crime area as compared to other reporting
districts in the City. The RD's Crime Count is 706, which ranks 1 st in the City at 408% over the
City-wide crime count average of 134. Since this area has a 20% greater number of reported
crimes than the average number of reported crimes as determined from all crime reporting
districts within the City, the area is found to have undue concentration. In comparison,
neighboring RD 13 is 94% above the City-wide average, RD 16 is 53% higher, and RD 25 is
52% higher.
The highest volume crime is assault and the highest volume arrest is drunkeness.
rM
Sessions Sandwiches
PA2018-241
This location meets the legal criteria for undue concentration as it relates to crime. (B&P
§23958A).
Alcohol License Statistics:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 5,726 residents with 90 active alcohol licenses. That is a per capita
ratio of 1 alcohol license for every 64 residents. Per the Business and Professions code, we
compare this per capita ratio to Orange County's per capita ratio of 1 license for every 467
residents. Since the area's ratio exceeds the ratio of on -sale retail licenses to population in the
county, the area is deemed to have an undue concentration of alcohol licenses.
This location meets the legal criteria for undue concentration as it relates to over saturation of
alcohol licenses (B&P §23958.4).
Dispatch Events:
There were 4 dispatch events for Sessions Sandwiches in 2018. None of these events were
related to the business operation.
Discussion and Recommendations
The above crime and alcohol license statistics are provided for reference when considering an
expansion to the applicant's licensed drinking area. The Police Department has no objections to
this project as the business is not a burden on police resources.
RECOMMENDED CONDITIONS OF APPROVAL
The Police Department requests the following changes to the permit conditions.
Delete current condition 51 regarding alcohol training and replace with the below updated
language:
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 within 60 days of hire. This training must be updated every 3 years regardless of
certificate expiration date. The certified program must meet the standards of the
certifyingAicensing body designated by the State of California. The establishment shall comply
with the requirements of this section within 60 days of approval. 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.
IMI
Sessions Sandwiches
PA2018-241
Add the following condition:
The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in connection
with the use is a violation and may be cause for revocation of the use permit.
Delete current condition 44:
Alcoholic beverages shall only be served and consumed inside the subject establishment.
If you have any questions as to thecontent of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
dy
Investigator, Special Investigations Unit
Randy Parker
Detective Sergeant, Special Investigations Unit
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Attachment No. PC 7
Additional Police Correspondence
07
02
Subject: FW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Date:
Thursday, May 16, 2019 at 2:47:29 PM Pacific Daylight Time
From:
Lewis, Jon
To:
O'Neill, William
CC:
Leung, Grace
Category:
Newport Beach
Attachments: image001.png, image002.png, image003.png, image004.png
Mayor Pro Tern O'Neill,
Research of our records shows Sessions has not had any alcohol related calls for service in the last 24 months
related to their business.
The following is a summary of calls for service to 2823 Newport Blvd:
0310812017 — Disturbance involving a male transient with a pocket knife.
0610912017 — Pedestrian Stop. A passerby flagged an officer down regarding a male asking for money in front
of LaVentina's. The male was arrested for Public Intoxication. He said had been drinking alcohol while walking
through the grocery store and was trying to get home.
1111212018 —Suspicious Person. LoVentina's called to report an agitated male talking to himself in front of
their shop.
1210812018 — Report of a man passed out. The notes in the call log indicate this subject took off running while
the caller was on the phone. Officers were unable to locate the person.
0313012019 — Report of a Physical Fight involving two people walking towards 30th Street.
Additionally, in March of 2017 the Department sent a minor decoy into Sessions to purchase alcohol. That
minor was properly asked for identification and was not served.
Mr. Park spoke with our folks last week. Mr. Park related he and his neighbors have made several calls to the
Department regarding loud noise coming from the sandwich shop, however there is no record of noise
complaints in our dispatch call logs. As noted in the past, over saturation is a significant concern in this area,
however there is no evidence that Sessions Sandwiches contributes to the burden on police resources. None
of the above calls for service indicated a nexus to Sessions, rather Sessions was used as a geographical
landmark in explaining a location.
Please let me know if you have additional questions or would like more information.
Respectfully,
Jon T. Lewis I Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive, Newport Beach CA 92660
Page 1 of 3
09
(949.644.3701) 1 jlewis@nbpdorg
From: "O'Neill, William" <woneill newportbeachca.gov>
Date: May 15, 2019 at 09:18:30 PDT
To: "Lewis, Jon" <JLewis@nbpd o1g>
Cc: "Leung, Grace" <gleung.@newportbeachca gov>
Subject: FW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Have we had any alcohol -related incidents at this location in the last 24 months?
Will O'Neill
Mayor Pro Tern
City of Newport Beach
From: Brian <newportbeachresident@yahoo.com>
Date: Wednesday, May 15, 2019 at 8:48 AM
To: Dept -City Council <CilyCoundl@newportbeachca.gov>, Diane Dixon
<dd' on@newportbeachca gov>
Subject: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
City Council
I am a homeowner in Newport Beach on the peninsula.
I am requesting that Sessions Sandwiches' request for approval of "Sessions Sandwiches
Patio Expansion Coastal Development Permit No. CD2018-094 and Minor Use Permit No.
UP2018-022 (PA2018-241)" be denied. The matter is currently on schedule to be heard by
the Zoning Administrator on May 16, 2019. If the City Council is not a position to
outright deny Sessions Sandwiches' request for approval, I ask that the matter be heard
by the Planning Commission.
As a condition to approving Sessions Sandwiches' 2015 Permit No. UP2014-050 (for
Page 2 of 3
70
alcohol outside. Specifically, Condition No. 44 states: "Alcoholic beverages shall only be
served and consumed inside the subject establishment." Sessions Sandwiches is located in
a section of Newport Beach that is currently oversaturated with alcohol establishments. As
has been widely publicized, this oversaturation has had a negative impact on the quality of
life for the residents (for example, this area has the highest crime rates in the city, public
displays of drunkenness, increased noise, etc.). Condition No. 44 is an important control
meant to protect local residents' quality of life and to mitigate the deleterious impacts of
increased alcohol use in the neighborhood. Sessions Sandwiches has characterized their
current request to serve alcohol outside as a simple parking variance, but in fact, it presents
a significant change in use of the property that should be heard at the Planning
Commission level.
Thank you
Brian Park
IMPORTANT WARNING and CONFIDENTIALITY NOTICE: This a -mail (and any attachment) is only intended for the use
of the person or entity to which it is addressed, and may contain information that is privileged and confidential. All
recipients, including employees of the City of Newport Beach, are obligated to maintain this communication in a safe,
secure and confidential manner. Unauthorized disclosure or failure to maintain confidentiality is strictly prohibited
and may be a violation of state and/or federal law(s) and carry criminal and/or civil penalties. Additionally, the
unauthorized disclosure or failure to maintain confidentiality this e-mail (and any attachments) by employees of the
City of Newport Beach may be a violation of City of Newport Beach and/or Newport Beach Police Department
policies. If you are not the intended recipient, please immediately notify the sender by return e-mail and delete this
message from your computer without making a copy or distribution.
Page 3 of 3
71
72
Attachment No. PC 8
Project Plans
:51-3
74
PA2018-241 Attachment No. PC 8 - Project Plans
PA2O16-241
SESSIONS SANDWICHES
2823 NEWPORT BOULEVARD, NEWPORT BEACH, CA, 92663
GENERAL NOTES
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Attachment No. PC 8 - Project Plans
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Planning Commission -June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Kate Berry
To: Planning Commissioners
Cc: Lee. David
Subject: Sessions Newport Beach I Patio B&W
Date: Monday, June 03, 2019 1:39:48 PM
Attachments: imaue001.ono
Newport Beach Planning Commission Team,
I am a huge fan of Sessions on the Newport Beach Peninsula and live right up the street, I would love
to be able to enjoy a nice beer or glass of wine on the patio this summer!
Thanks,
Kate Berry
DIRE License# 01966346
t 949 723 7300
f 949 723 7301
2443 East Coast Hwy
Corona Del Mar, CA 92625
katelaDcommercia Iwest.com
www.commercialwest.com
commercial west brokerage
A Real Estate Company
Planning Commission -June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Monday, June 03, 2019 1:59 PM
To: Ramirez, Brittany; Lee, Amanda
Subject: FW: Sessions Sandwiches Proposal for Patio
From: Brian<newportbeachresident @vahoo.com>
Sent: Monday, June 03, 2019 1:58 PM
To: Zak, Peter <pzak@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Lowrey,
Lee <llowrey@newportbeachca.gov>
Cc: Lee, David <dlee@newportbeachca.aov>
Subject: Sessions Sandwiches Proposal for Patio
Planning Commission
I am requesting that Sessions Sandwiches' request for approval of "Sessions Sandwiches Patio
Expansion Coastal Development Permit No. CD2018-094 and Minor Use Permit No. UP2018-
022 (PA2018-241)" be denied.
I am a homeowner on the Peninsula and Sessions Sandwiches (which sits across the street from
my house and other homes on 291h Street) applied for an outdoor patio. Specifically, Sessions is
hoping to convert one of the parking spaces in the open air parking lot into an outdoor patio for
dining. On the surface, this request seems like it is a mere parking variance. But the ask is more
involved than simply parking and involves an expansion of alcohol service. Sessions' original
application for a CUP to serve alcohol was contentious and disputed. The Planning Commission
ultimately granted the CUP (over the Newport Beach Police Department's objections) but
imposed certain compromises and conditions, including a prohibition on serving alcohol
outside. Specifically, Sessions Sandwiches' 2015 Permit No. UP2014-050 (for beer/wine sales),
Condition No. 44 states: "Alcoholic beverages shall only be served and consumed inside the
subject establishment." Sessions' current application for an outside patio now seeks to remove
this condition of prohibiting serving alcohol outside.
As a homeowner, I do not want outdoor seating in the Sessions parking lot at all. Currently, we
homeowners already have a variety of quality of life issues impacting the neighborhood from
horrible parking congestion, noise and alcohol -related disturbances. Sessions' proposal for an
outdoor patio will add to these issues.
Planning Commission -June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
Deny — Patio Creates a New Drinking Space
Sessions Sandwiches is located in a section of Newport Beach that is currently oversaturated
with alcohol establishments. As has been widely publicized, this oversaturation has had a
negative impact on the quality of life for the residents (for example, this area has the highest
crime rates, public displays of drunkenness, increased noise, etc.). Condition No. 44 is an
important compromise and control meant to protect local residents' quality of life and to mitigate
the deleterious impacts of increased alcohol use in the neighborhood. Sessions' proposed patio
will only intensify alcohol use by opening a new area for people to drink. Under its current
CUP, Sessions will be able to serve alcohol outside until 9:00 pm. It seems unreasonable to
expose the neighborhood to even more drinking issues into the evening. For an area that is
already out of control with drinking, it seems unreasonable to expand alcohol services until the
area's crime and quality of life problems get more in -line with city averages.
It is also important to note removing Condition No. 44 will have long lasting impacts that
survive Sessions. The change runs with the location and not the business. Therefore it is
important for the Planning Commission to consider how this change in use will impact future
businesses and the neighborhood long after Sessions is gone.
Deny — Patio Generates New Source of Noise Issues
Even without alcohol, allowing Sessions to operate restaurant services in an open air parking lot
across the street from residential homes will generate a new source of noise disturbances for the
immediately surrounding residents. Sessions patio proposal does not present plans for noise
barriers to eliminate or muffle noises from the restaurant operations, patrons, ambient music, PA
system, etc. Adding alcohol will certainly exacerbate any noise issues. If approved, Sessions
will expose the surrounding residents to this new source of noise disturbance until 9:00 pm.
Deny — Parking Shortage
Removing a parking space at an already under parked location seem patently unreasonable. I
understand that Sessions had a parking study performed and that study suggests the business is
actually overparked. But as the Zoning Administrator rightfully observed in the May 16, 2019
Zoning Administration Hearing on the matter, the study was performed during the off-peak
season (specifically, February and March). To no -one's surprise, the parking study did not find a
parking shortage during the off-peak season in an unusually rainy and cold season. The parking
study is faulty at best and whether intentional or not, seems designed to reach the conclusion that
the project poses no parking impact. But anyone who has spent any time in Newport Beach will
know that this area of the peninsula suffers from an acute parking shortage during the busy
months. Presumably Sessions wants the outdoor patio to take advantage of the increased traffic
Planning Commission -June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
during the busy months. Therefore, the Planning Commission should postpone a decision on this
proposal and require Sessions to expand the scope of the parking study to include the busy
summer months. It is currently June, it would not impose any serious delays to require the
parking study to include a weekend or two in July into the scope of the study. This matter could
be heard again at the of July.
It is my preference that Sessions' application be denied outright and that it be required to
maintain its current parking requirements (which is already limited) and keep dining/drinking
within the walls of the restaurant per the agreed upon CUP. During the May 16 Zoning
Administration, I offered several compromises to "meet in the middle". Sessions' owner
dismissed all of them. If the Planning Commission intends to approve the proposal, I request
that you consider all or some of the ideas in my proposed compromises:
I offered to withdraw my objections entirely, if Sessions maintained the prohibition on
serving alcohol outside. In other words, Sessions gets the parking variance and the patio
seating, but simply cannot serve alcohol outside.
In the alternative, I suggested that if Sessions' outside patio is approved, that it be
prohibited from serving alcohol after an early cutoff (for example, no alcohol service
outside after 6:00 pm). It does not seem reasonable to allow Sessions to serve alcohol in
an open air parking lot that faces a residential street until 9:00 pm.
Thank you for your consideration.
Brian Park
Planning Commission -June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Sarah Ruybalid <slruybalid@gmail.com>
Sent:
Monday, June 03, 2019 2:25 PM
To:
Planning Commissioners
Cc:
Lee, David
Subject:
Sessions Deli - beer & wine patio
To whom it may concern:
Please accept this letter of support for Sessions Deli to be approved for a patio with beer and
wine. While I am not a resident of Newport myself, I am a frequent visitor to your beaches, and
specifically, to Sessions.
I think Sessions has filled a void on the Peninsula and their business truly speaks to what SoCal
living is all about. The city of Newport should give them every opportunity to thrive, including
letting them expand their offerings to include beer and wine on a patio.
When a locally -owned business grows and thrives, the city benefits as well.
Thank you,
Sarah Ruybalid
Planning Commission - June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Doug Wombacher <doug@commercialwest.com>
Sent: Monday, June 03, 2019 2:46 PM
To: Planning Commissioners
Cc: Lee, David
Subject: Sessions Patio
Dear Planning Commission,
I am a patron of Sessions Newport Beach. I support a patio with wine and beer service. Nothing
like enjoying a cold beer outside on a beautiful Newport summer afternoon.
Doug Wombacher
DRE License ID# 01424025
t 949 723 7300
c 949 233 6187
f 949 723 7301
2443 East Coast Highway
Corona Del Mar, CA 92625
doug@oommercialwest.com
www.commercialwest.com
inc
commercial west brokerage
A Real Estate Company
Knowledge • Service ■ Integrity
Planning Commission - June 6, 2019
Item No. 2a Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Larry Birnbaum <Larry@lmbenterprises.com>
Sent: Monday, June 03, 2019 4:21 PM
To: Planning Commissioners
Cc: Lee, David
Subject: Sessions West Coast Deli - Newport Beach
Hi. My name is Larry Birnbaum. I'm a happy customer of Sessions West Coast Deli in
Newport Beach. I'm writing today regarding the outdoor patio space that they are trying
to get approved for. I'd love to see some outdoor space added to that restaurant. I
think it would be the perfect place to relax and enjoy a meal. I am in full support of
Sessions getting a patio at that location.
Thank you so much for your consideration,
10 LM46
E N T E R P R I S E S
L A R R Y B I R N B A U M
cell/text 714 655 810E
w ww. L m b E n t e r p r i s e s. c om
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Trent Brown
To:
Planning Commissioners
Cc:
Lee. David
Subject:
Sessions West Coast Deli -Patio
Date:
Monday, June 03, 2019 7:19:17 PM
Dear Newport Beach City Planning Commissioner,
I write you because I am a long-time patron of Sessions Deli on the peninsula. I am a former
Newport Beach resident, and I still live nearby in Orange County and enjoy coming for a meal at
Sessions when I can. I love the food and atmosphere.
One aspect of Sessions that I have always felt needed some improvement was the lack of a patio.
The interior of the restaurant is a little cramped, and let's be honest.... people don't come down to
the peninsula because they want to spend time indoors.
My understanding is that Sessions is in talks with the city about approval for a patio. I think this is a
great idea. I would love to be able to come down to Newport, and enjoy a Sessions sandwich and a
cold beer out on a patio on a nice summer night, like I am able to at so many other dining
establishments in Newport.
I am a big supporter of approval for the patio at Sessions. Thanks for taking the time to read my e-
mail!
Best Regards,
Trent Brown
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Tuesday, June 04, 2019 7:36 AM
To: Lee, Amanda; Ramirez, Brittany
Subject: FW: Sessions Deli Patio Permit & Liquor Service
From: Clarence Yoshikane[mailto:clarence.yoshikane@email.comj
Sent: Monday, June 03, 2019 10:44 PM
To: Lee, David <dlee@newnortbeachca.eov>
Subject: Sessions Deli Patio Permit & Liquor Service
Good evening David Lee,
I am an owner & year around resident @ 213 & 213.5 - 29th street & I oppose Sessions
Sandwiches' plan for an outdoor patio.
Sessions shouldn't be allowed to serve alcohol outside and they should not be given further
breaks on their parking requirements.
Clarence Yoshikane
714.606.5765
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Peter Belden <peter@newportboardclub.com>
Sent: Tuesday, June 04, 2019 11:45 AM
To: Planning Commissioners
Cc: Lee, David
Subject: Sessions Outdoor Patio
Dear Planning Commissioners,
My name is Peter Belden and I'm a bom-and-raised Newport resident. I've been a Newport
Beach Lifeguard for 21 years and a Newport Beach business owner for 3 years.
Sessions West Coast Deli is one of my favorite restaurants in Newport and an important part of
our community. I am a STRONG supporter of an outdoor patio so that I can enjoy a beer or
glass of wine with my lunch/dinner. We have very few places in Newport Beach that allow for
this and I urge you to approve this patio.
Thank you!
Peter
Peter Belden
(949)375-2461
OC Register ILA Times
Facebook I Instagram
www.newportboardclub.com
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Jim Mosher
To:
Planning Commissioners
Cc:
Lee. David
Subject:
Comments on Planning Commission agenda items for June 6, 2019
Date:
Tuesday, June 04, 2019 3:35:02 PM
Attachments:
20193un06 PC AuendaItem 1 Comments JimMosher.odf
20193un06 PC AaendaItem 2 Comments TmMosher.Ddf
Please find attached comments regarding Items 1 (draft minutes) and 2 (Sessions
Sandwiches).
Yours sincerely,
Jim Mosher
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
June 6, 2019, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. SESSIONS SANDWICHES PATIO EXPANSION
(PA2018-241)
Comments on the draft resolution:
Handwritten page 12: The facts presented in support of Finding C (that the requested use
is "compatible with the allowed uses in the vicinity') fail to mention that the primary allowed
use in the notification area immediately to the west of the subject property is residential
(separated only by a City parking lot), or how compatibility with them will be ensured. The
facts in support of Finding C should probably reference the facts in support of the rather
similar Finding E on page 20.
Handwritten page 21: By comparison with handwritten gage 12 of the resolution formerly
presented to the Zoning Administrator, it appears some words are missing from the
paragraph at the top of handwritten page 21 of the present staff report. It was presumably
intended to read: "The Planning Commission determined in this case that the Minor
Use Permit is consistent with the legislative intent of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal
Development Permit based on the following findings per Section 21.52.015.F of Title 21:"
Additional comments:
It is not clear from photos or plans that the existing use provides the outside trash
receptacles for patron use required by Condition 17 (handwritten page 24), and carried
over from prior permits (originally Condition 15 in 2013). Does anyone monitor the
conditions imposed? Will this now be enforced?
2. Considering that the parking analysis is predicated, in part, on the assumption that a
substantial fraction of the patrons arrive, and will continue to arrive, by bicycle, it is good
to see that a need for bicycle parking appears to have been recognized as a Condition of
Approval from the start: in Condition 40 from 2013 and in Condition 40 from 2015 .
a. As best I can tell, the promised bicycle parking has failed to materialize (which is
particularly ironic when one considers the former tenant was a bike shop).
b. So it is good to see Condition 41 on the present handwritten page 27 has
become a requirement. But it remains unclear where the bike parking will be
provided, or how many bikes it will accommodate.
c. This Google street view from October 2014 shows bikes parked awkwardly
(without benefit of a rack) in the narrow space between the planter box and a car
in the now striped -out stall. The proposed outdoor seating area will eliminate this
area entirely. In my own observation, bikes are now sometimes chained to the
utility connections to the left of the entry.
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
June 6, 2019, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
3. Regarding the parking study (Attachment No. PC 4):
a. On handwritten page 52, it is not entirely clear why the data collected on
Saturday, March 10, 2018, are not shown. We are told that due to rain, fewer
people arrived by bike or foot. But we are not told what impact that had on auto
parking. Was it heavier than on the days presented? Or lighter? It also seems
likely that observations from "typical" days in February and March are not typical
of summertime conditions when there may be both an increase in demand for
sandwiches and no availability of on -street parking.
b. It is extremely difficult to distinguish when the author is reporting counts of
vehicles belonging to Sessions Deli customers versus when (if ever?) he is
reporting the total occupancy of the off-street lot (including the dry cleaners'
customers and possibly others).
c. The "Totals" reported in Table B (handwritten page 53) for March 8 appear to
match those on page 56 (suggesting they are both reporting the same data), but
many of those for February 16 do not match the totals on page 57 (suggesting
they are reporting something different, such as Sessions Deli cars versus all
cars). But even then, I can't make it work, because Table B is not consistently
less than page 57 and not less than page 56 at all.
i. For example, for Saturday from 8:00 to 9:00 p.m., Table B gives 'A" while
page 57 give 7" — suggesting Table B for Saturday is listing Sessions
customers only and page 57's 3 cars on NB Newport Blvd were not their
customers.
ii. But at 10:30 a.m, Table B gives "4" (3 in the lot and 1 on the street) while
page 57 gives "3" (3 in the lot and none on the street). I don't know what
to make of that.
4. Although the maximum occupancy of the outdoor area does not seem to be set as a
Condition of Approval (should it be, for example in Condition 11?), the "Project
Description" on handwritten page 5 says "The proposed outdoor dining area would
consist of a 130-square-foot patio with seating for nine patrons." The number "9" is
confirmed by the call -out label on handwritten page 76. However, in comparison to the
30 inside seats shown on page 78, 1 see only 4 seats clearly depicted in the labeled
expansion area. Nine seats would seem to make for a pretty congested outdoor area.
5. Since this matter was referred to the Planning Commission by the Zoning Administrator
due to the existing permit having by granted by the Commission, the minutes of that
2015 hearing (held on February 19 with final adoption on March 5) seem relevant, as do
those from the original Zoning Administrator hearing in 2013.
6. It might also be noted that the original staff recommendation from 2015 was for denial of
alcohol sales.
Planning Commission -June 6, 2019
Item No. 2b Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Kendra Fisher <kendrafisher@lululemon.com>
Sent: Tuesday, June 04, 2019 4:28 PM
To: Planning Commissioners
Cc: Lee, David
Subject: Sessions Newport Patio
To whom this may concern,
I am writing you in hopes of upping the chances of Sessions getting a Patio at their Newport
location. I am from Newport Costa Mesa area and drive to the Irvine location so that way I can
have a beer outside on a sunny day.
I have found that having a patio creates a sense of community and if I was able to ride my bike
to the Newport location with my friends I would be thrilled!
Sessions gives so much to our community and they are all such incredible people. I want them
to keep growing and keep being a space that our community loves and enjoys.
Thanks!
Kendra Fisher
regional community lead I orange county
lululemon irvine spectrum
714.606.3376
Planning Commission -June 6, 2019
Item No. 2c Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Brad Warner
To:
Planning Commissioners
Cc:
Lee. David
Subject:
Sessions
Date:
Wednesday, ]une 05, 2019 11:24:39 AM
To Whom It May Concern:
My name is Bradley Warner and I heard about an upcoming city planner's meeting
regarding Sessions in Newport Beach.
I do not live in Southern California, but this is one of my favorite stops when I am in
the area for business or a weekend getaway.
Please approve the restaurants plans for a patio with beer and wine. I think that would
be a great upgrade to an already great establishment.
I would love to take one of my clients to have a beer out on the Sessions patio next
time I am in town.
Sincerely,
0113radley Warner, CFA, CFP®, MBA
Planning Commission -June 6, 2019
Item No. 2c Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Steve Rosansky <steve@NEWPORTBEACH.COM>
Sent:
Wednesday, June 05, 2019 11:27 AM
To:
Planning Commissioners
Cc:
Dixon, Diane
Subject:
Sessions Sandwiches Patio Expansion (PA2018-241)
Dear Planning Commission Members:
I am writing in support of the patio expansion proposed for Sessions Sandwiches (PA 2018-241).
I have known Matt Meddock since he has created his restaurant on the Peninsula and during that time
Sessions has been a member of the Chamber of Commerce. If you will recall, he was one of the early
pioneers that invested in the Peninsula, and that area in particular, when others were skeptical of its
future Renaissance. In fact, if it wasn't for risk takers like Matt, we might have a very different situation
at present.
Over the six years that Sessions has been in business, it has been proven to be an extremely well run
operation. When they began beer & wine service, closing hours were scaled back from 11:00pm to
9:00pm which is consistent with a restaurant/eating establishment as opposed to a bar
environment. What Sessions is proposing is a small outdoor patio with only nine seats to compliment its
indoor offering. These days, many people, myself included, prefer outdoor dining when it is
provided. As such, what Sessions is proposing is an enhancement of the environment of the Peninsula
and should be encouraged and supported.
I hope you will all vote for approval of this CUP modification.
Warm regards,
Steve
Steve Rosansky
President and C.E.O.
kTile�Mbff CONNECTION.
l.. EDUCATION.
-4 NEWPORT BEACH COMMUNITY.
ADVOCACY.
Newport Beach Chamber of Commerce
The Business and Community Resource
USCMarshall III( herim-lbNEWPORT -
5[I..AdMu+rc.
ECONOM11
FORECAST
NEW ADDRESS
4343 Von Karman Ave., Ste. 150-W
Newport Beach, CA 92660
PH:(949) 729-4404
FX:(949) 729-4417
www.NewportBeach.com
Planning Commission -June 6, 2019
Item No. 2d Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Carey Ransom
To: Planning Commissioners
Cc: Dixon. Diane
Subject: Sessions Sandwiches Newport Beach expansion
Date: Wednesday, ]une 05, 2019 9:23:31 PM
Dear Planning Commission Members:
I am writing in support of the patio expansion proposed for Sessions Sandwiches (PA 2018-
241).
As a community member and homeowner on the Peninsula for 15 years, I've seen the
incredible transformation of the area, led in part by entrepreneurs like Matt and his partners
and Sessions. They have been responsible partners to the community, evidenced by their
request in this situation, and the appropriateness of it, in my opinion.
Sessions has been a favorite for me and my family over the many years they have been on the
Peninsula. I'd love to see them continue to do well, and see the small outdoor patio as a nice
addition to their current space. We need more outdoor dining space options in the area, and I
really like what they've proposed.
I hope you will all vote for approval of this proposal.
Regards,
Carey
Carey Ransom
M) 310-699-8107
From my iPhone - sorry for typos!
Planning Commission -June 6, 2019
Item No. 2d Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Thursday, June 06, 2019 9:41 AM
To: Lee, Amanda
Subject: FW: Sessions Sandwiches - Outdoor Patio Plans
From: Kirsten Schmieder<krschmieder@email.com>
Sent: Thursday, June 06, 2019 9:36 AM
To: Lee, David <dlee@newoortbeachca.aov>
Subject: Sessions Sandwiches - Outdoor Patio Plans
I am a homeowner on 29th street and I do not want the Planning Commission to approve Sessions Sandwiches' plan
for an outdoor patio. The neighborhood doesn't need alcohol service outside and Sessions should have to maintain
their current parking requirements.
Kirsten Schmieder
217 1/2 29th Street
Newport Beach, CA 92663
Planning Commission -June 6, 2019
Item No. 2d Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Robert Schacht <robert@innovaexams.com>
Sent: Thursday, June 06, 2019 10:23 AM
To: Planning Commissioners
Cc: Lee, David
Subject: I support Sessions Patio
Hi,
This email is to express my support for sessions to be allowed to have a small front patio. Ideally
one that you can enjoy a beer or glass of wine on the patio as you would in the restaurant. I
frequently eat at sessions and it is certainly a food first place, but occasionally I have a beer with
my sandwich and no better place to enjoy it then on the patio. Please approve their request and
help us residents further enhance our experience there.
Robert Schacht
Innova Exams, Inc.
401 30th St.
Newport Beach, CA 92663
Main 800-735-1353
Cell 949-945-3916
Fax 855-706-0909
Email robertna,innovaexams.com
Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From:
Robert Schacht
To:
Plannina Commissioners
Cc:
Lee, David
Subject:
Re: I support Sessions Patio
Date:
Thursday, June 06, 2019 11:39:59 AM
A few additional thoughts I had on this topic that I want to share and I would share at the
planning meeting tonight but I am heading out of town:
- When you drive on the peninsula Newport Blvd is basically a thoroughfare, almost like a
highway with the intent of just moving cars from point A to B. When I enter beach
communities in other areas it is not about the car moving through, but more about the
experience in the city, take Belmont shores for example, with PCH with is way busier, they
have a ton of support of pedestrians and bikes with less regard for the cars and I assure you it
makes people want to stop there and enjoy the community. Outdoor dining is great to see and
experience.
- Newport,especially on the peninsula does not have much outdoor dining. We have great
weather but I am surprised at how little outdoor dining here is, which I assume it is because to
the significant'Red Tape' that Sessions seems to be experiencing. The patio is so small (130 sq
feet), why does this process have to be so cumbersome.
- As a Father of 3 kids, a family atmosphere is paramount for our community and any dining
experience, but we like to have an adult beverage occasionally when dining out as a family,
but to limit a business from have alcohol in some parts but not all irritating and unnecessary.
Limiting this would hurt their dinner business tremendously.
- Newport is overly focusing on Fashion Island and except for Lido, the peninsula could use
additional upgrading and enhancement, so I hope the city will continue to make it a priority.
The trolley helps and is great, but the the city can do so much more to make this an even better
community for the residents and businesses.
Thanks,
M
On Thu, Jun 6, 2019 at 10:23 AM Robert Schacht <robertginnovaexams.com> wrote:
Hi,
This email is to express my support for sessions to be allowed to have a small front patio.
Ideally one that you can enjoy a beer or glass of wine on the patio as you would in the
restaurant. I frequently eat at sessions and it is certainly a food first place, but occasionally I
have a beer with my sandwich and no better place to enjoy it then on the patio. Please
approve their request and help us residents further enhance our experience there.
Robert Schacht
Innova Exams, Inc.
401 30th St.
Newport Beach, CA 92663
Main 800-735-1353
Cell 949-945-3916
Fax 855-706-0909
Email roberte innovaexams.com
Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Selina Schacht <selina@innovaexams.com>
Sent: Thursday, June 06, 2019 11:55 AM
To: Planning Commissioners; Lee, David
Subject: Sessions West Coast Deli - Outdoor Patio
Hello City Commissioners,
My name is Selina Schacht, I am a business owner on Newport Peninsula, as well as a
homeowner in Newport Heights. My family and I frequent Sessions and have recently learned of
the drama surrounding the acquisition of an outdoor seating permit. As a resident of Newport I
am actually appalled by the lack of outdoor seating at restaurants here in this city overall. We
have one of the most beautiful beach fronts that I have seen in the world. The weather here is by
far desirable by most and yet we seem to be stuck in doors at restaurants and have very minimal
beachfront eateries in the area. Although Sessions is not beachfront it is still in the triangle of
the peninsula where many people come to enjoy the sunshine and great food.
I did a quick study of outdoor seating, which I find in most urban cities I travel to and I do love
Newport Beach's approach of a small town feel, yet I feel Newport Beach is very archaic when it
comes to dining and all the benefits outdoor dining provides. I'm sure you don't want a lengthy
novel so I will bullet point some of the benefits that I find adds to the benefits of Sessions
request for outdoor seating but also the benefits of our tourist guests of Newport Beach.
* Outdoor dining puts eyes on the streets, creating a greater sense of safety and community
* Allows guests of both Sessions and NB to revel in the breathtaking sunsets, million dollar
architecture, people watching
* Chipotle, just one block away has patio seating which is always full of patrons sitting outdoor
rather than indoor, allowing food as well as beer and wine.
* Creates positive energy of time and space
* Captures more business, pushes for greater economic development
* Increased sales revenue
* Adds value to restaurant, allowing more seating capacity and greater revenue
* Creates better aesthetic appearance with foliage
* Allows restaurant to grow herbs to continue Sessions overall organic approach to food and
environment
* Takes a dark, cement walled restaurant into an energized outdoor space that is bright and
sunny, creating an overall better dining experience
* Allows indoor workers to lunch and dine while getting a few minutes of sunshine during their
day by not limiting menu items
* Many indoor restaurants can not replicate the feeling of sitting outside and enjoying what
many call one of the most beautiful cities in California.
That being said, why limit the choice of Sessions customers. Sessions name says it all. It's a
West Coast Deli, lets share in the views of that West Coast. Don't be the one to put limits on the
beautiful canvas we have outdoors by not allowing patrons to have access to Sessions full menu,
including beer and wine. Please grant Sessions their outdoor seating permit as well as any others
that might come across your desks.
Thank you for your time,
Selina Schacht
aahmo Bahwal,L- Vcn PIyWafm
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Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Roni craiger <ronijbryson@yahoo.com>
Sent: Thursday, June 06, 2019 12:11 PM
To: Planning Commissioners
Subject: Sessions outdoor seating
To whom it may concern,
I am writing this email in hopes that you will consider and support Sessions getting outdoor
seating with a full menu to include beer and wine. I have been a resident of the peninsula for 5
years and I'm a native to Newport Beach. I love sessions and would love to be able to enjoy all
they have to offer this summer while sitting outside.
Thank you,
Roni Bryson
Sent from my Phone
Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Tiffany Ellis <tiffanyellisrn@gmail.com>
Sent: Thursday, June 06, 2019 12:30 PM
To: Planning Commissioners
Cc: Lee, David
Subject: Time Sensitive: Newport West Coast Deli _City Planning
To whom it may concern:
I am a patron of Newport Beach Sessions,
I am eagerly looking forward to enjoying the ambience of outdoor seating with a tasty meal in
front of me and a nice chilled glass of wine in hand, while surrounded by friendly, respectful staff
and fellow patrons at Newport Beach Sessions.
I am very much in support of NB Sessions' plans of enhancing their dining and social
experience for both residents and patrons. I believe the outdoor social atmosphere that
Sessions is hopeful to create will appeal to far more residents and patrons than not.
Additionally, I feel that Newport Beach could use more restaurants with outdoor patio/dining
space (similar to heavily sought cafes in charming towns or along the water channels of
Amsterdam and Venice by locals and tourists). I believe this will draw more business into your
city.
Furthermore, I believe the expansion will: (1) communicate to the public and visitors that the city
is a safe place to be, (2) this perception will attract new residents and retain current residents,
and (3) residents and patrons alike can stop to truly admire the sunny, blue skies and the ocean
breeze outside, and experience the "vibey" buzz that Newport Beach has to offer from the
comforts of Sessions' property.
I am in full support of Newport Beach Sessions' plans for building a patio space that allows for
adult beverages in this area, as well as, many other non-alcoholic drink and food selections they
already have or will have available in the future. I sincerely hope that the city of Newport Beach
approves their plans. Thank you for taking your time to read my point of view.
Kind regards & well wishes,
Tiffany Ellis
(714) 767-9975
tiffanyelllsm .)Qmail.com
Tiffany
Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Mario Marovic <mario@loungegroup.com>
Sent: Thursday, June 06, 2019 12:57 PM
To: Planning Commissioners
Subject: Seasions patio addition
Dear Members of Planning Commission
I am writing this email in support of Sessions patio application. I own multiple properties in very
close proximity of their restaurant. Sessions has been a great addition to the Newport Beach
Peninsula. The owners are valued members of the community that truly care and strive to
constantly improve the area. I believe the application is fair and reasonable, and should be
approved.
Sincerely,
Mario Marovic
Sent from my iPhone
(please excuse any spelling or grammar errors)
Planning Commission - June 6, 2019
Item No. 2e Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: T.J. Graber <tjgraber@yahoo.com>
Sent: Thursday, June 06, 2019 2:24 PM
To: Planning Commissioners
Subject: Support for Sessions patio
Hi, just a quick note as I am a 20-year resident of Newport Beach ... I would like to voice my
support for City approval (please) of Sessions West Coast Deli sandwich's request for an
outdoor patio. In addition to eating the city's best sandwich it would be amazing to have a cold
beer or glass of wine while on the patio.
If you have any questions for me, please just let me know.
Thank you,
T.J. Graber
446 El Modena Ave
Sent from my iPhone
Planning Commission -June 6, 2019
Item No. 2f Additional Materials Received
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee. David
To: Lee, Amanda
Subject: FW: Comments on Planning Commission agenda items for June 6, 2019
Date: Thursday, June 06, 2019 4:37:23 PM
From: Arthur Black [mailto:Arthur.Black@Isa.net]
Sent: Thursday, June 06, 2019 12:31 PM
To: Lee, David <dlee@newportbeachca.gov>
Cc: Matt Meddock <matt@sessionswcd.com>
Subject: RE: Comments on Planning Commission agenda items for June 6, 2019
Mr. Lee,
LSA has reviewed the forwarded comments from Jim Mosher and has prepared the following
responses related to the LSA parking assessment dated March 22, 2019.
Comment 3a:
Inclusion of the parking demand data collected on Saturday March 10, 2018 would not affect the
conclusions of the assessment. Fewer trips to Sessions were observed on the Saturday with rain, but
the percent of those trips occurring by car were higher (90 percent compared to 71 percent). On
the rainy Saturday, the peak parking demand observed was 9 vehicles, which is less than the 10
parking spaces provided. Additionally, conditions for the nine non -summer months would be
considered typical.
Comment 3b:
Comparison between Table B and raw data attached to the assessment reveals that parking demand
for the entire parking lot (including the cleaners) is reported in Table B.
Comment 3c:
The destinations of vehicle occupants, based on observation, were applied to the raw parking data
included as attachments to the assessment to determine whether on -street vehicles should be
attributed to Sessions parking demand. It should be noted that the combined total identified in the
comment is lower than the maximum parking demand identified in the parking assessment.
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
Planning
Commission
Public Hearing
June 61 2019
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
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Planning Commission - June 6, 2019
No. 2g Additional Materials Presented At Meeting
sions Sandwiches Patio Expansion (PA2018-241)
• Hours: 6am — gpm
• Includes alcohol service
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Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
M
Front Elevation
(Parking Lot)
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
Side Elevation
(Newport Blvd.)
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
• Minor Use Permit (September 12, 2013)
• Zoning Administrator
• Permitted restaurant
• No alcohol, 6am —11pm
• Amend Use Permit (March 5, 2015)
• Planning Commission
• Type 41(Beer and Wine)
• Reduced Hours (6am — 9pm)
• Amend Use Permit (May 16, 2019)
• ZA referred to PC
• Public concern regarding alcohol on patio
Community Development Department- Planning Division
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• No noise calls
• Limited hours 6am — 9pm
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Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
• Loss of one parking space
•Adjust parking rate (1 per 44 sq. ft. of NPA)
• No live entertainment or attractions
• Small patio doesn't require parking
• Parking Study concludes sufficient parking
during peak hours
•No intensification of nonconforming parking
Community Development Department- Planning Division
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
• Located a large distance from:
• Public Beach (+800 feet)
• Harbor (+600 feet)
• No impact to coastal resources
• Public views
• Public Access
Community Development Department- Planning Division
10
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
New condition:
"The patio dimension shall be modified to accommodate
a 9-foot wide parking space adjacent to the outdoor
dining area."
Revise Condition No. -�
"Any change in operational characteristics, hours of
operation, expansion in area, or other modification to the
approved plans, may require an amendment to this
Minor Use Permit and Coastal Development Permit or
the processing of new permits. Any amendments or
processing of new permits shall require approval by
the Planning Commission."
Community Development Department- Planning Division ii
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
• Conduct a public hearing;
• Find project exempt under Class 1(Existing Facilities)
of the CEQA Guidelines; and
• Adopt Resolution No. PC2019-o16, approving the
project
Community Development Department- Planning Division
12
Planning Commission - June 6, 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
Questions.?
Community Development Department- Planning Division
13
Planning Commission - June 6. 2019
Item No. 2g Additional Materials Presented At Meeting
Sessions Sandwiches Patio Expansion (PA2018-241)
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Community Development Department - Planning Division iq