HomeMy WebLinkAbout20200115_ResubmittalGeneral Information
Operator License Application
Community Development Department
Planning Division
100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone I (949)644-3229 Facsimile
www.newportbeachca.gov
1. Project Address: 3107 Newport Boulevard
2. Assessor's Parcel No(s).:_0_4_7_-_0_6_0_-_1 _8 __________________ _
3. Legal Description: _E_x_h_i_b_it_A ______________________ _
4 . Business Name: Chihuahua Brewing Company, LLC
5. Business Phone Number: _{9_4_9_) _6_9_8_-1_5_9_6 _______________ _
6. Anticipated Occupancy:---------------------------
7. Date Business Acquired:------------
8 D t B . 0 t· W'II b . Spring/Summer 2020 . a e usmess pera ,ans , egm: ______ _
9. What are the hours of operations for the establishment? _E_x_h_ib_i_t_B ____________ _
10. Type of Alcohol Beverage Control License held or sought: _T_y_p_e_4_7 ___________ _
11. Does the proposed establishment offer live entertainment? Yes I./ I No D
!.f-~~~,. P.J~~-~-~-~>5pJ~i11 §IQQ_DQ!~ !h~ .. b9.lJ[~.HY~.~.rit~ct~tf!!n~IJt!~.~QDQ~ft~Q: ........... .
lTuesdays and Saturdays, 7:00 PM -9:00 PM (Limited Term Permit No. XP2019-005 / PA2019-095)
l
12. Does the proposed entertainment include activities defined by Section 5.28.010(1)*? YesO No l./1
ltyes, pl~asE3 _E3~plain:
13. Does entertainment include dancing*? YesD Nol.fl
IJ y~s! pleas~ .~xpla_ir,:
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL
Updated 07/24/13 (seal-07/01/16)
14. Is there a cover charge or door entry fee? Yes D No!/'!
15. Is the premise being rented or leased or being purchased under contract? YesO No!/'!
If yes, please attach a copy of the lease or contract. Initial here if so attached:
16. Has the owner or owners ever operated in this or any other County, Ci~r state under an entertainment
establishment license/permit or similar business license? Yes0 No L{J
1.f v~~, .Pl~gS.J~_~xpJ.g_in: -.
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17. Has the owner or owners ever had such a license revoked or suspended and the reason therefore, and the
business entity or trade name under which the business owner operated that was subject to the
suspension or revocation? Yes @
If ye,s, please explain:
18. Provide a detailed written statement describing the operation of the establishment. This document will
serve as the formal statement to the Chief of Police describing the operation of the establishment and why
it should be approved. Please include any relevant information which supports the application and the
required findings pursuant to Section 5.25.050.B, which are noted on Operators the information sheet
(attach a separate sheet if necessary).
!Please see Exhibits Band C.
19. Please attach a Security Plan. Initial here if so attached:
The Security Plan shall address the following:
• Number of security personnel or ratio to patrons
• Qualifications of security personnel (e.g. Guard Card, Private Security License, etc.)
• Basic operation plan for security
• Plan for controlling loitering, noise, over-crowding, elicit activity, and objectionable conditions
20. Please attach a plan, if any, for contact with the Police Department, neighboring residents or businesses in
the event of planned activities or emergencies. Initial here if so attached: 1 ·· ·· · ···· ... · ·····
I
Business Owner(s)
Attach information about the business owners or principals. If the enterprise is a corporation or LLC, list all officers. If this
is a partnership, list all general partners and if it is a sole proprietorship, list the owner information. If required, attach
information about additional owners on a separate sheet.
Name: Chihuahua Brewing Company, LLC Alias (es): Gary Jabara, Manager
Address: 660 Newport Center Drive, Suite 200
City/State/Zip: Newport Beach, CA 92660
Phone: (949) 515-1500 Fax: Email: gary@mobilitie.com ---------
California Driver's License No.:
Name: __________________ Alias (es):-------------
Address: -----------------------------------
City/State/Zip:-------------------------------
Phone: _________ Fax: _________ Email:--------------
California Driver's License No.:
Property Owner(s)
Name: __________________ Alias (es):-------------
Address: -----------------------------------
City/St ate/Zip:-------------------------------
Phone: _________ Fax: _________ Email:--------------
Declaration
(l)(We) herby certify that (l)(We) have read, understand, and intend to comply with all the operational
requirements of Section 5.25 of the Newport Beach Municipal Code.
(I) (Y'Je) G:za.c~ Ja.ba.ca. depose and say that (I am) (we are) the owner(s)
of the property (ies) I valved in this ap · ation. (I) (We) further certify, under penalty of perjury, that the foregoing
statements and answers her · co ine and the information herewith submitted are in all respects true and
correct to the best of (my) (our) o ledge n belief.
EXHIBIT A
SCHEDULE!
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED NEWPORT BEACH, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 2009-135, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 371 PAGE 4 THROUGH 6
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
ACCESS EASEMENTS AS SET FORTH IN DOCUMENT ENTITLED "RECIPROCAL EASEMENT
AGREEMENT" RECORDED MARCH 02, 2004. INSTRUMENT NO. 2004-000165975 AND AMENDED
BY THAT DOCUMENT ENTITLED "FIRST AMENDMENT TO RECIPROCAL EASEMENT
AGREEMENT" RECORDED JANUARY 14, 2011 AS INSTRUMENT NO. 2011000027311, ORANGE
COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHEASTERLY LINE OF WHICH 20 FOOT WIDE
STRIP IS A LINE MEASURED BEGINNING AT A RIGHT ANGLE 20 FEET SOUTHEASTERLY OF THE
NORTHWESTERLY TERMINUS OF THE SOUTHEASTERLY LINE OF THE BELOW DESCRIBED
PARCEL OF LAND AND THENCE CONTINUING NORTHEASTERLY AND PARALLEL TO SAID
SOUTHEASTERLY LINE OF THE BELOW DESCRIBED PARCEL AND TERMINATING AT THE
NORTHWESTERLY LINE OF NEWPORT BOULEVARD.
A STRIP OF LAND 20 FEET IN WIDTH, OVER THAT PORTION OF LOT 7 OF SECTION 28,
TOWNSHIP 6 SOUTH,· RANGE 10 WEST, OF TH~ SAN BERNARDINO MERIDIAN, AS PER THE
OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE AUGUST 04, 1890
INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT
RAILWAY COMPANY, RECORDED MAY 81 1899 IN BOOK 40 PAGE 366 OF DEEDS, OF SAID
COUNTY, AND ALSO INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED OCTOBER 14, 1921 IN BOOK 405, PAGE 250 OF
DEEDS, OF SAID COUNTY, AS RESERVED IN DEED TO VERNE A. TRIPP ET UX, RECORDED MAY
23, 1941 IN BOOK 1090. PAGE 466,0F OFFICIAL RECORDS OF SAID COUNTY; AND DESCRIBED
AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN
DEED TO VERNE A. TRIPP, ET UX., RECORDED MAY 23, 1941 IN BOOK 1094. PAGE 350 OF
OFFICIAL RECORDS OF SAID COUNTY. SAID CORNER BEING ON THE WESTERLY LINE OF THE
LAND DESCRIBED IN DEED TO THE CITY OF .NEWPORT BEACH, RECORDED NOVEMBER 20,
1935 IN BOOK 792, PAGE 25 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 52° 46 1
30" WEST 175.55 FEET; THENCE NORTH 37° 13' 30" WEST 20 FEET; THENCE NORTH 52° 46 1 30"
EAST 187.42 FEET, TO SAID WESTERLY LINE; THENCE SOUTHERLY ALONG SAID WESTERLY
LINE AND ALONG THE ARC OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF
2844.83 FEET A DISTANCE OF 23.18 FEET, TO THE POINT OF BEGINNING.
APN: 047-060-18
Page 4 of 4
EXHIBITB
August 2019
Mobilitie Security
Security Supervisor: Luis Mercado
949-220-4496
CHIHUAHUA
CEQVEZA
Chihuahua Cerveza, with an address of 3107 Newport Blvd, Newport Beach, Ca 92663,
Agency Personnel
The AGENCY will provide agents (2) with specific training and experience related to the client's
business. The majority of the Agencies staff will have the appropriate state licensing and training as
outlined in the California Bureau of Security and Investigative Services/Department of Consumer Affairs
guard cards. The Client may request a personnel change at their sole discretion. The agents will not re
armed with any type of weapons.
Agent Post Order of Ope ration
The agents will adhere to all standing orders policies and procedures outlined by the Client, such as
Emergency Action Plans ( outlined below), geperal liability protocol and any activity or behavior deemed
inappropriate, disruptive or unsafe to the Client and or its guest. Physical security is a major part of the
work in this modem environment. The Agency will provide a professional evaluation of the
establishment/property technical security posture and normally will consist of a thorough visual and
physical examination in and about the surveyed location, as defmed in this plan.
Control & Clearance of Parking Lot
We do not have cameras on site due to added liability landlord would take on.
Licensee shall conspicuously post in its parking lot area the following signage: No
Trespassing/Loitering. California Penal Code Section 602.1 (a), makes it unlawful for any person
refusing to leave the premises of the business after being asked to leave the premises. Any violator will
be subject to a penalty up to 90 days in jail or $400 fme. Newport Beach police officers are authorized
to arrest any person violating this provision without any further additional warning or notice. If you are
not a patron or not here on official business with the owner or the owner's agent, or you are a patron,
but you are loitering in the parking area, leave the parking area immediately.
Aggressive Guest
Licensee will familiarize all security staff with provisions of California Penal Code Section 415. When a
patron acts in a manner that is violent, abusive, indecent, profane, boisterous, or otherwise disorderly,
licensee will immediately be asked to leave.
Patrons who are Intoxicated
\
CHIHUAHUA ceqvezA
Licensee, its agents, and employees, may not sell, dispense, or give away alcohol to any person who is
under the influence of alcoholic beverages at that time nor shall such a person be permitted on the
premises. When a customer has been "cut off," the server will notify the other employees. Management
will support the server's decision to terminate service to any customer. If a customer is too impaired to
drive safely, licensee will try to persuade the customer not to drive and arrange for a safe ride. If the
customer refuses, management will notify the Newport Beach Police Department with a description of
the person and license plate number of the vehicle, if possible. All services staff members are subject to
policies and procedures, including, but not limited to: being Licensee Education on Alcohol and Drugs
(L.E.A.D.) certified.
Patrons Presenting False IDs
All identification cards used to prove age must be valid (i.e., may not be expired), and must be
government-issued. If the identification card is expired or appears at all questionable to the employee,
the employee shall request a second form of identification. The employee shall make sure that the
individual purchasing the liquor resembles the identification card. All employees are encouraged to ask
purchasers questions relating to their identification in order to verify the information. If the employee
checking an ID has a strong suspicion that an ID is false, ahered, or belongs to someone other than the
person presenting the ID, he/she shall confIScate the ID and turn it over to management, to be presented
to the police.
Control/Supervision of Patrons under 21 (restaurant applicants)
To prevent the sale of alcohol to a minor, licensee will follow the industry standard to request proof of
age from any customer who appears to be 35 years of age or younger, and will refuse service to any
customer who cannot produce adequate ID. ID will be requested for each person receiving a glass.
Separate types of glassware will be used to distinguish alcohol drinks from non-alcohol drinks.
Circumstances under which the Police will be called
Management will call police, in a timely manner, any time management or staff has information to
believe a crime has been or is about to be committed and/or whenever a threat of or act of violence
occurs on the premises or off premises in areas that would be considered in view or earshot of the
establishment. Licensee staff shall complete an incident report and make it available to the Newport
Beach Police department, after being reviewed by management.
Handling of Physical Disturbances, including Fights
Security or management will ask anyone who is fighting to leave. If necessary, security or management
will call the local law enforcement agency for assistance. Licensee will permanently refuse admittance to
any chronic problem customer.
1
Chihuahua Cerveza
Project Description and Letter of Justification
Project Description
The project proposes a minor expansion of the existing Chihuahua Cerveza restaurant
into the adjacent suite space currently occupied by Poke Fresh. Chihuahua Cerveza exists as a
component of The Landing shopping center, which is generally bounded by Newport Boulevard,
Balboa Boulevard, 30th Street, and 32nd Street. The existing Chihuahua Cerveza restaurant
space is approximately 1,876 square feet of interior floor area, with 259 square feet of outdoor
patio area. The proposed project would expand the existing restaurant by 730 square feet of
interior floor area and 190 square feet of exterior patio square footage (for a total expansion of
920 square feet).
Chihuahua Cerveza currently operates pursuant to a Minor Use Permit (“MUP”)
approved by the City of Newport Beach (“City”) City Council on March 22, 2011 (PA2010-
155). The approved MUP authorized an eating and drinking establishment with a covered
outdoor dining patio with a Type 41 Alcoholic Beverage Control (“ABC”) license. The MUP
authorized hours from 9:00 AM to 11:00 PM for interior space, and from 9:00 AM to 10:00 PM
for exterior patio areas. The project requests to extend the permitted operating hours to 6:30 AM
to 10:00 PM, Sunday – Thursday, and 6:30 AM to 11:00 PM, Friday and Saturday, for interior
space and 6:30 AM – 10:00 PM for exterior patio areas. Service of alcohol would begin at 9:00
AM.
The Landing consists of a grocery store, multiple restaurants and retail establishments in
the heart of Balboa Peninsula’s commercial corridor. The City’s General Plan designates the site
as Neighborhood Commercial, which is intended to provide for a range of retail and service uses
developed in distinct centers oriented to serve the needs of and maintain compatibility with
residential uses in the area. The City’s Coastal Land Use Plan (“CLUP”) also designates the site
as Neighborhood Commercial. The coastal zoning district is Commercial Neighborhood which,
like the General Plan and CLUP Neighborhood Commercial designation, is intended to provide
retail and service uses that are compatible with nearby residential uses. The proposed project
would be consistent with the zoning and designations for the site by continuing the use of the
space for visitor-serving and neighborhood serving uses in the area in a manner compatible with
surrounding uses. The nearest residential uses to the site are located to the northwest
approximately 225 feet from the existing restaurant suite across The Landing’s parking lot and
32nd Street. The Landing employs a security team, with at least two security guards on patrol at
any given time.
2
In conjunction with the minor expansion and proposed hours of operation, the project will
seek a change in the ABC license from a Type 41 (beer and wine only) to a Type 47 (on-sale
general, eating establishment) license. The Type 47 license permits the sale of liquor in addition
to beer and wine when served as part of an eating and drinking establishment. Chihuahua
Cerveza has operated pursuant to its Type 41 license for 9 months without issue, and the
project’s request for a Type 47 license will provide a broader range of options to restaurant
patrons.
The expansion is consistent with the existing layout of Chihuahua Cerveza and is
intended to provide a more accommodating experience for patrons by expanding the floor area
and providing additional, limited outdoor seating; a desirable amenity on the Balboa Peninsula.
To further enhance the patron experience, the project seeks authorization for live acoustic music
for Tuesday and Saturday nights. All acoustic music will be indoors, which would ensure no
adverse noise impacts on nearby residential uses. The proposed live music would have a
maximum of three performers at any given time and would not occur after 9:00 PM. No dancing
would be permitted. RK Engineering prepared a noise study in support of the previously
approved limited term permit. (RK Engineering, Chihuahua Tap House Limited Term Permit
Application Noise Impact Study, May 21, 2019.) That study demonstrated that there will be no
measurable increase in noise levels at the residences along 32nd Street across from The Landing.
During the efficacy period of the limited term permit, RK conducted additional noise monitoring
on two nights when live entertainment was provided. The monitoring results indicated that the
live entertainment did not result in significant changes to the ambient noise environment at the
project site or surrounding residential areas. (RK Engineering, Chihuahua Tap House Live
Music Event Supplemental Noise Analysis, City of Newport Beach, September 27, 2019.)
RK Engineering also conducted a parking analysis for the proposed project. The analysis
included personal observations of parking supply and demand at The Landing, as well as
anticipated demand associated with the proposed project. The Landing currently provides a total
of 236 parking spaces, which are shared by the existing uses. RK Engineering concluded that
even during peak demand with the proposed project, The Landing would have surplus parking
more than sufficient to accommodate the project.
To facilitate the requested restaurant expansion and operations, the project requires an
amendment to the existing MUP (PA2010-155) and authorization for the following project
components:
1. Minor Expansion
2. Type 47 License
3. Parking Management Plan
4. Live Entertainment
3
Authorization for these components have been requested pursuant to applications filed for the
following entitlements:
1. Conditional Use Permit No. UP2019-35
2. Coastal Development Permit No. CD2019-____
3. Operator’s License No. OL2019-____
4
Letter of Justification
Finding 1
The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The CN designation is intended to provide for a limited range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. An eating and drinking
establishment with alcohol sales and accessory outdoor dining is a consistent use within this
land use designation.
2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula
and are frequented by visitors and residents alike. The establishment is compatible with the
land uses permitted within the surrounding neighborhood.
3. The subject property is not part of a specific plan area.
Finding 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.
Facts in Support of Finding
1. The use is allowed within the applicable zoning district, which permits development
restaurant and service uses with alcohol service. The proposed food service, eating and
drinking establishment with beer and wine alcohol service and an outdoor patio is consistent
with land uses permitted by the Zoning District.
Finding 3
The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
5
1. The restaurant is compatible with the surrounding uses of the area, which include retail,
restaurants, other commercial uses, as well as a grocery store.
2. The Landing shopping center, within which the project is located, is on a major commercial
corridor (Newport Boulevard) on the Balboa Peninsula.
3. A restaurant has been operating in this location pursuant to PA2010-155 since on or about
March 2011, and has operated without incident.
4. The project includes conditions of approval to ensure that potential conflicts are minimized
to the greatest extent possible. The restaurant is oriented toward the parking lot and is located
approximately 225 feet from residential properties across 32nd Street.
5. The operational conditions of approval recommended by the Police Department 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 the welfare of
the surrounding community so that the business remains a restaurant and does not become a
bar or tavern.
6. Any live entertainment occurring at the site is limited to acoustic-only entertainment of no
more than three (3) individuals.
Finding 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.
Facts in Support of Finding
1. The project site is located within an existing commercial building and the expansion tenant
space is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood.
2. The restaurant is located within a larger shopping center that is appropriately accessible to
emergency vehicles, public services, and utilities.
3. The tenant improvements to the project site will comply with all Building, Public Works, and
Fire Codes.
6
4. The project complies with the applicable standards (including FAR and setbacks) of the
General Plan and NBMC, ensuring compatibility with adjacent development.
Finding 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.
Facts in Support of Finding
1. The project has been designed to ensure that potential conflicts with surrounding land uses
are minimized to the extent possible to maintain a healthy environment for both businesses
and residents by providing an architecturally pleasing project with articulation and building
elements that enhance the urban environment.
2. The Landing’s buildings were designed to accommodate and provide safe access for
emergency vehicles, trucks, and refuse collection vehicles, as well as patrons and pedestrians.
3. All exterior lighting is required to comply with NBMC Section 20.30.070, which requires
that all outdoor lighting fixtures be designed, aimed, located, and maintained to shield
adjacent properties from light spillage.
4. The Balboa Peninsula is a commercial, neighborhood, and visitor-serving destination. The
restaurant, including its alcoholic beverage sales, is a commercial use intended to serve
visitors, residents, and employees of the area. Therefore, it is consistent with the General
Plan, zoning, and the CLUP.
5. The proposed outdoor dining area will engage patrons within The Landing and contributes to
a more functional, pedestrian oriented center.
6. The project will have a positive impact on the overall economic health of the community and
may promote further revitalization of the other commercial properties in the area.
Finding 6
The use is consistent with the purpose and intent of Zoning Code Section 20.48.030 (Alcohol
Sales).
7
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
Facts in Support of Finding
1. The project is within Reporting District 15, which has a higher crime rate than the citywide
average. However, the higher crime rate is attributable to the high number of visitors to the
area, as opposed to other areas of the City, and the high ratio of non-residential uses. The
project would introduce a use that is consistent with those existing in The Landing
(restaurants and other commercial uses), and would operate consistent with the requirements
of the MUP, as well as the Operator License, as approved by the Chief of Police, and any
conditions contained therein.
2. The Landing shopping center currently utilizes hired security staff, with at least two security
staff on patrol at any given time.
3. The restaurant includes lighting consistent with NBMC, which will deter crime activities in
the area. Likewise, the project is a component of a larger commercial center – The Landing
– which is also illuminated consistent with applicable standards.
4. The project’s proposed alcohol sales is accessory to, and consistent with, the restaurant use.
The floor plan, hours of operation, and operational characteristics of the expanded restaurant,
including alcoholic beverages sales, are typical of restaurants operating in destination areas
of the City.
5. The project site has been used as a restaurant for many years, and the existing Chihuahua
Cerveza restaurant has operated without incident.
8
6. The subject property is located in a mixed-use district that permits residential development.
However, the restaurant is located within an already-developed parcel as a component of a
larger commercial center, which buffers residential uses.
7. There are currently no objectionable conditions at the project site that need to be resolved.
Coastal Development Permit (NBMC § 21.52.015(F))
The proposed expansion of the existing restaurant use is considered an intensification of
the use within the coastal zone along with increased parking demand. Therefore, a Coastal
Development Permit (“CDP”) in accordance with the City of Newport Beach Local Coastal
Program Implementation Plan is required.
Finding 1
Conforms to all applicable sections of the certified Local Coastal Program
Facts in Support of Finding
1. The proposed project involves the expansion of an existing restaurant use into an existing
tenant space. The Landing’s land use designation in the Coastal Land Use Plan
(“CLUP”) is CN – Neighborhood Commercial, which is intended to provide a range of
retail and service uses “developed in one or more distinct centers.” (CLUP Table 2.1.1-
1.) Because the proposed expansion is for a neighborhood and visitor-serving eating and
drinking establishment within an existing shopping center, it is consistent with the intent
of the CLUP’s land use designation.
2. The Landing is also located within the CLUP’s Balboa Peninsula district, specifically
within the Cannery Village pedestrian-oriented center. (CLUP Section 2.1.5.) The
proposed restaurant expansion would enhance the CLUP’s vision for a vibrant Cannery
Village by enhancing a unique visitor-serving and neighborhood-serving restaurant in the
area. The renovation of the existing building, including the minor expansion of the
outdoor patio, will support local establishments and improve the pedestrian landscape.
3. The restaurant expansion is designed with a high level of architectural quality and is
compatible with other buildings in the immediate vicinity, as well as those within the
larger Balboa Peninsula area. The design includes activation of the streetscape, including
through the minor expansion of outdoor dining area.
9
4. The CLUP specifically states that a goal of the Cannery Village center is to support retail
uses, including “retail and visitor-serving uses along Newport Boulevard Corridor.”
(CLUP Section 2.1.5.) The proposed expansion would help to accomplish this goal by
enhancing an existing visitor-serving and neighborhood-serving restaurant while
maintaining the attractive character of the district.
5. The proposed project is consistent with CLUP Policy 2.1.5-6, which specifically permits
visitor-serving commercial along the Newport Boulevard Corridor.
6. The proposed project is also consistent with CLUP Policy 2.3.1-1, which specifically
permits visitor-serving eating and drinking establishments in all commercial areas.
7. The CLUP encourages a wider range of commercial uses in commercial areas of the
coastal zone in order to maintain year-round economic viability. (CLUP Section 2.3.1.)
The proposed restaurant expansion, including expanded hours of operation, will help
attract and maintain visitors and residents in this commercial area of the coastal zone.
8. The orientation and design of the proposed restaurant expansion integrates visual and
physical pedestrian access to the waterfront and creates a cohesive connection between
the restaurant and surrounding uses.
9. The minor expansion of the existing outdoor patio would improve the visual landscape of
the building by designing the outdoor space with aesthetic architectural features, such as
limited landscaping elements, as opposed to typically mechanical equipment.
10. The parking areas, access points, and on-site circulation are designed to provide adequate
drive aisles and minimum vehicle turning areas to provide safe access for guests,
emergency vehicles, and refuse collection vehicles.
11. The expansion of an unique restaurant at the Project Site will have a positive impact on
overall economic health of the community and promote further revitalization of other
commercial and mixed-use properties in the area.
Finding 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.
10
Facts in Support of Finding
1. The Project would not conflict with the Coastal Act’s public access and public recreation
policies because (1) it is located in an already existing building, (2) would not obstruct
access to Newport Bay or the waterfront, (3) is served by adequate parking, and (4)
would contribute to pedestrian activation of the area, which would ultimately facilitate
access to the waterfront.
325688185.2
1
Chihuahua Cerveza Restaurant
Project Setting & Findings
The project proposes a minor expansion of the existing Chihuahua Cerveza restaurant
into the adjacent suite space currently occupied by Poke Fresh. Chihuahua Cerveza exists as a
component of The Landing shopping center, which is generally bounded by Newport Boulevard,
Balboa Boulevard, 30th Street, and 32nd Street. The Landing consists of a grocery store,
multiple restaurants and retail establishments in the heart of Balboa Peninsula’s commercial
corridor. The nearest residential uses to the site are located to the northwest approximately 225
feet from the existing restaurant suite across The Landing’s parking lot and 32nd Street.
Chihuahua Cerveza currently operates pursuant to a Minor Use Permit (“MUP”)
approved by the City of Newport Beach (“City”) City Council on March 22, 2011 (PA2010-
155). The approved MUP authorized an eating and drinking establishment with a covered
outdoor dining patio with a Type 41 Alcoholic Beverage Control (“ABC”) license. The MUP
authorized hours from 9:00 AM to 11:00 PM for interior space, and from 9:00 AM to 10:00 PM
for exterior patio areas. The project requests to extend the permitted operating hours to 6:30 AM
to 10:00 PM, Sunday – Thursday, and 6:30 AM to 11:00 PM, Friday and Saturday, for interior
space and 6:30 AM – 10:00 PM for exterior patio areas. Service of alcohol would begin at 9:00
AM.
In conjunction with the minor expansion and proposed hours of operation, the project will
seek a change in the ABC license from a Type 41 (beer and wine only) to a Type 47 (on-sale
general, eating establishment) license. The Type 47 license permits the sale of liquor in addition
to beer and wine when served as part of an eating and drinking establishment. Chihuahua
Cerveza has operated pursuant to its Type 41 license for 9 months without issue, and the
project’s request for a Type 47 license will provide a broader range of options to restaurant
patrons.
The expansion is consistent with the existing layout of Chihuahua Cerveza and is
intended to provide a more accommodating experience for patrons by expanding the floor area
and providing additional, limited outdoor seating; a desirable amenity on the Balboa Peninsula.
To further enhance the patron experience, the project seeks authorization for live acoustic music
for Tuesday and Saturday nights. All acoustic music will be indoors, which would ensure no
adverse noise impacts on nearby residential uses. The proposed live music would have a
maximum of three performers at any given time and would not occur after 9:00 PM. No dancing
would be permitted.
The project is within Reporting District 15, which has a higher crime rate than the
citywide average. However, the higher crime rate is attributable to the high number of visitors to
the area, as opposed to other areas of the City, and the high ratio of non-residential uses. The
existing restaurant operation, which caters to families, residents and visitors, will adhere to
security measures as described in further detail in Exhibit B. In addition, the Landing employs a
security team, with at least two security guards on patrol at any given time.
2
There are other food and alcohol service establishments within the vicinity of the project
site, which is the City’s intended goal for the Newport Boulevard Corridor, which has
traditionally and continues to be planned for visitor-serving uses, such as retail, restaurant and
overnight accommodations. Balboa Peninsula is a popular tourist and resident destination, and
restaurants with alcohol service are anticipated amenities. Also, the project’s proposed alcohol
sales is accessory to, and consistent with, the restaurant use. The floor plan, hours of operation,
and operational characteristics of the expanded restaurant, including alcoholic beverage sales, are
typical of restaurants operating in destination areas of the City.
Operator License (NBMC § 5.25.050(C))
The proposed restaurant expansion includes the service of alcohol in conjunction with live
entertainment and therefore requires an Operator License in accordance with NBMC § 5.25.010.
Finding 1
The business or enterprise is proposed to be located in a zone permitting the proposed use under
Title 20 of this code, and is subject to such use permits as may be required.
Facts in Support of Finding
1. The proposed project would be consistent with the City’s General Plan, Coastal Land Use
Plan, and zoning for the site by continuing the use of the space for visitor-serving and
neighborhood serving uses in the area in a manner compatible with surrounding uses.
The City’s General Plan designates the site as Neighborhood Commercial, which is
intended to provide for a range of retail and service uses developed in distinct centers
oriented to serve the needs of and maintain compatibility with residential uses in the area.
2. As stated above, Chihuahua Cerveza operates under an existing MUP and is currently
applying to expand into an adjacent tenant space. To facilitate the requested restaurant
expansion and operations, the project requires an amendment to the existing MUP
(PA2010-155) and authorization for the following project components:
1. Minor Expansion
2. Type 47 License
3. Parking Management Plan
4. Live Entertainment
5. Coastal Development Permit
6. Operator License
Finding 2
In the case of a business or enterprise offering “entertainment,” as defined, the premises meets
all of the criteria in Section 5.28.040(B)(2) through (7).
3
Facts in Support of Finding
1. The proposed project includes the expansion of an existing eating and drinking
establishment with new live entertainment on Tuesday and Thursday evenings ending at
9:00 PM.
2. Consistent with Section 5.28.040(B)(2) through (7), the proposed operation will provide
adequate security staff as described in Exhibit B, will employ measures to insure that
noise generated by live entertainment is inaudible to adjacent and surrounding areas, a
manager will be present during performances, and entertainment will adhere to the
proposed hours ending at 9:00 PM. In addition, no new signage is proposed, and the
proposed live entertainment will be incidental to the main restaurant operation on
Tuesday and Saturday evenings only.
3. Any live entertainment occurring at the site is limited to acoustic-only entertainment of
no more than three (3) individuals performing indoors only and ending at 9:00 PM on
Tuesdays and Saturdays.
Finding 3
The site plan and proposed premises improvements as proposed, or as subject to such conditions
are as attached to the approval, are consistent with the use and the plan of operations.
Facts in Support of Finding
1. The enclosed site plan shows the proposed layout for the expanded restaurant operation,
including table and bar seating and a full kitchen consistent with standard eating and
drinking establishments. The service of alcohol and proposed live entertainment would
be incidental to food service.
2. The project’s proposed alcohol sales is accessory to, and consistent with, the restaurant
use. The floor plan, hours of operation, and operational characteristics of the expanded
restaurant, including alcoholic beverages sales, are typical of restaurants in destination
areas of the City.
Finding 4
The plan of operations as proposed, or as subject to such conditions as are attached to the
approval, is adequate in light of the neighborhood in which the business or enterprise is located
and supports the public health, safety and welfare of the community.
Facts in Support of Finding
1. The Project has been designed to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment for both
4
businesses and residents by providing an architecturally pleasing project with articulation
and building elements that enhance the urban environment.
2. The restaurant includes lighting consistent with NBMC, which will deter crime activities
in the area. Likewise, the project is a component of a larger commercial center – The
Landing -= which is also illuminated consistent with applicable standards.
3. As stated above, the Newport Boulevard Corridor is intended to be a visitor-serving
destination. The expanded restaurant, including its alcoholic beverage sales and live
entertainment, is a commercial use intended to serve visitors, residents, and employees of
the broader area and, therefore, is consistent with the General Plan, zoning, and the
CLUP.
4. The project site has been used as a restaurant for many years, and the existing Chihuahua
Cerveza restaurant has operated without incident.
325691153.1
September 27, 2019
THE LANDING
C/o Ms. Kaitlin Crowley, Mobilitie
3107 Newport Boulevard
Newport Beach, CA 92663
Subject: Chihuahua Tap House Live Music Supplemental Noise Analysis, City
of Newport Beach
Dear Ms. Crowley:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this noise analysis for live music at
the Chihuahua Tap House. The property is located at 3107 Newport Boulevard, in the City
of Newport Beach. The Chihuahua Tap House restaurant is currently operational and is
located within the existing Landing Shopping Center.
The Chihuahua Tap House, pursuant to a limited term (60-day) permit (XP2019-
005/PA2019-095), hosted live music two (2) days a week. The limited term permit’s
effective date was August 15, 2019. The Chihuahua Tap House is currently applying for a
new Conditional Use Permit (CUP) to, among other modifications, expand the square
footage of the restaurant and to allow live music on the premises.
The purpose of this study is to monitor and report noise levels from the current live music
that was performed at the project site, and determine whether the continued operation of
live music would cause noise impacts to adjacent noise sensitive land uses, if authorized by
the City pursuant to the requested CUP.
This report is intended to serve as a supplement to the Chihuahua Tap House Limited Term
Permit Application Noise Impact Study, May 21, 2019, RK.
RK15546.1.doc 2
JN:2830-2019-02
Noise Analysis Methodology
Live music at the Chihuahua Tap House was monitored by RK on the following two (2)
days:
Tuesday, September 3, 2019
Saturday, September 7, 2019
Live music was provided between the hours of 7 p.m. and 9 p.m. per the limited term
permit, and for each of the identified evenings, RK conducted three (3) short-term noise
level measurements at the project site and one (1) 24-Hour noise measurement at the
nearest adjacent residential properties, located along 32nd Street. Noise level measurements
capture both the ambient noise levels without the live music and the noise levels with live
music.
Short-term noise level measurements were conducted for 10-minute intervals
adjacent to the Chihuahua Tap House restaurant. The noise meter was placed
approximately 5 feet above ground level and 10 feet from the building façade,
adjacent to the parking lot. Short term noise levels are representative of the noise
levels outside of the Chihuahua Tap House prior to and during live music events.
24-Hour noise level measurements were conducted over a 24 hour period adjacent
to the residential homes along 32nd Street, across the street from the project site
(approximately 220 feet away). The noise meter was placed at approximately 10 feet
above ground level and 5 feet from the residential property line (in a sidewalk tree).
RK used a Piccolo-II Type 2 integrating-averaging sound level meter for all noise
measurements. Sound level measurements were conducted in accordance with the City of
Newport Beach technical noise specifications. All measurement equipment meets American
National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983
identified in Chapter 19.68.020.AA). The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical
data were recorded over the measurement time period intervals and the information was
utilized to define the noise characteristics for the project.
Exhibit A provides a location map of the project site and surrounding land uses.
Appendix A includes photos, field notes, and measured noise data for each live music
event.
RK15546.1.doc 3
JN:2830-2019-02
Live Music - September 3, 2019
The following details and observations are provided for the live music performed at the
Chihuahua Tap House on Tuesday, September 3, 2019.
The Chihuahua Tap House held a “Taco Tuesday” event with food and drink specials and a
live performance of mariachi music. The mariachi performers consisted of two (2) people
singing and playing acoustic guitars. The mariachi performers played inside the restaurant,
and the doors between the patio dining area and interior seating area were kept closed,
except to allow patrons to enter and exit.
The mariachi performers started playing music at 7:00 PM and finished by 9:00 PM. The
noise measurements shown in Table 2 reflect noise levels while the band played inside the
restaurant.
Prior to the live music beginning, RK conducted one (1) short-term noise measurement
immediately outside of the restaurant along the sidewalk facing the parking lot. Table 1
shows the noise levels (dBA) for existing ambient conditions prior to the start of the live
music.
Table 1
Short-Term Noise Measurement Results – (9/3/19)
Without Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-1 6:06 PM 67.6 59.2 83.2 73.3 70.5 67.8 65.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown are in A-weighted decibel
scale dB(A).
ST-1: Ambient noise includes noise from the parking lot, conversational noise from
restaurant patrons on the patio, patio restaurant speakers, people talking along
the sidewalk, and traffic noise from Newport Boulevard.
Once the live music event began, RK conducted two (2) more short-term noise
measurements in the same location as ST-1. Table 2 shows the noise levels (dBA) during
the live music event.
RK15546.1.doc 4
JN:2830-2019-02
Table 2
Short-Term Noise Measurement Results – (9/3/19)
With Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-2 7:20 PM 66.0 59.1 74.4 70.3 68.3 66.8 65.3
ST-3 7:30 PM 67.3 58.7 80.7 73.2 70.2 67.6 65.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown in A-weighted decibel scale
dB(A).
ST-2: Noise levels include noise from the restaurant live music, restaurant speakers
playing background music, people talking along the sidewalk and noise from
patrons from the patio and traffic noise from Newport Boulevard. All music
played indoors.
ST-3: Noise levels include noise from the restaurant live music, patio speakers, people
talking along the sidewalk and noise from patrons from the patio and traffic
noise from Newport Boulevard.
Table 3 shows the 24-hour community noise exposure levels near the residential properties
along 32nd Street on September 3, 2019, one of the days live music was performed.
Table 3
24-Hour Noise Measurement Results – (9/3/19)
Time Noise Level (Leq)1 Time Noise Level (Leq)1
12:00 AM 67.6 12:00 PM 66.7
1:00 AM 66.1 1:00 PM 66.9
2:00 AM 62.9 2:00 PM 68.6
3:00 AM 61.9 3:00 PM 66.4
4:00 AM 66.2 4:00 PM 68.4
5:00 AM 69.6 5:00 PM 71.2
6:00 AM 74.0 6:00 PM 65.6
7:00 AM 67.1 7:00 PM2 69.9
8:00 AM 67.2 8:00 PM2 68.7
9:00 AM 71.3 9:00 PM 67.9
10:00 AM 67.7 10:00 PM 72.2
11:00 AM 66.1 11:00 PM 71.7
24-Hour CNEL = 68.9
1 All noise levels shown in A-weighted decibel scale - dB(A).
2 Live music occurred from 7 PM to 9 PM.
RK15546.1.doc 5
JN:2830-2019-02
Live Music - September 7, 2019
The following details and observations are provided for the live music at the Chihuahua Tap
House on Saturday, September 7, 2019.
The live music event on Saturday, September 7, 2019 consisted of a reggae band with
three band members. The band consisted of a keyboardist, bass guitarist and acoustical
guitarist. All music was performed indoors.
The reggae band started playing music at approximately 7.00 PM and was by 9:00 PM.
Prior to the live music beginning, RK conducted one (1) short-term noise measurement
immediately outside of the restaurant along the sidewalk facing the parking lot. Table 4
shows the noise levels (dBA) for existing ambient conditions prior to the start of the live
music.
Table 4
Short-Term Noise Measurement Results – (9/7/19)
Without Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-1 6:48 PM 64.8 56.9 76.5 71 68.0 65.2 63.3
1 Noise measurements conducted for 10-minute intervals. All noise levels shown are in A-weighted decibel
scale dB(A).
ST-1: Ambient noise includes noise from the parking lot, conversational noise from
restaurant patrons on the patio, patio restaurant speakers, people talking along
the sidewalk, and traffic noise from Newport Boulevard.
Once the live music began, RK conducted two (2) more short-term noise measurements in
the same location as ST-1.
Table 5 shows the noise levels (dBA) during the live music performance on September 7th.
RK15546.1.doc 6
JN:2830-2019-02
Table 5
Short-Term Noise Measurement Results – (9/7/19)
With Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-2 7:07 PM 64.6 55.7 76.9 72.5 68.0 64.4 62.5
ST-3 7:17 PM 66.2 56.0 83.0 71.4 68.7 66.4 64.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown in A-weighted decibel scale
dB(A).
ST-2: Noise levels include noise from the restaurant live music, restaurant speakers,
people talking along the sidewalk and noise from patrons from the patio and
traffic noise from Newport Boulevard. All music played indoors.
ST-3: Noise levels include noise from the restaurant live music, restaurant speakers,
people talking along the sidewalk and noise from patrons from the patio and
traffic noise from Newport Boulevard. All music played indoors.
Table 6 shows the 24-hour community noise exposure levels near the residential properties
along 32nd Street on September 7, 2019, one of the days live music was performed
Table 6
24-Hour Noise Measurement Results – (9/7/19)
Time Noise Level (Leq)1 Time Noise Level (Leq)1
12:00 AM 71.0 12:00 PM 64.4
1:00 AM 69.3 1:00 PM 69.4
2:00 AM 71.6 2:00 PM 62.5
3:00 AM 64.8 3:00 PM 62.6
4:00 AM 62.2 4:00 PM 62.7
5:00 AM 65.6 5:00 PM 62.6
6:00 AM 69.0 6:00 PM 68.7
7:00 AM 61.6 7:00 PM2 68.9
8:00 AM 62.0 8:00 PM2 70.6
9:00 AM 61.7 9:00 PM 68.2
10:00 AM 63.0 10:00 PM 73.8
11:00 AM 61.4 11:00 PM 71.2
24-Hour CNEL = 67.9
1 All noise levels shown in A-weighted decibel scale - dB(A).
2 Live music event occurred from 7 PM to 9 PM.
RK15546.1.doc 7
JN:2830-2019-02
Findings and Recommendations
Based on RK’s field observations and noise level monitoring results, the live music events at
the Chihuahua Tap House on Tuesday, September 3, 2019 and Saturday, September 7,
2019 did not result in significant changes to the ambient noise environment at the project
site or surrounding residential areas.
Ambient exterior noise levels near the first row of residential houses, fronting 32nd Street,
currently exceed the City’s allowable exterior noise level standards for single or multiple-
family housing, as established in the Newport Beach Municipal Code, Chapter 10.26 --
Community Noise Control. The Newport Beach residential daytime noise standard is 55
dBA and the nighttime noise standard is 50 dBA.
As shown in Tables 3 and 6, the hourly noise levels during both daytime (7 AM to 10 PM)
and nighttime (10 PM to 7 AM) consistently exceed 65+ decibels during times when no
live music was being played.
Based on our field observations, the live music was not perceptible at the residential
homes, and the noise monitoring results confirm that no significant changes to the
ambient environment occurred as a result of the live music.
The following recommendations are provided to help reduce any potential noise impacts or
complaints during live music events at the Chihuahua Tap House:
1. No live music should be played on the outdoor patio.
2. All doors and windows should remain closed (i.e., not left open for extended
periods of time) while live music is playing.
Conclusions
Based on the results of this analysis, live music at the Chihuahua Tap House did not cause
significant noise impacts to any adjacent residential property during live music events. The
live music did not cause perceptible changes in the ambient noise environment and did
cause a noise violation as defined under the City of Newport Beach Community Noise
Control ordinance.
RK15546.1.doc 8
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RK is pleased to assist the CITY OF NEWPORT BEACH and MOBILITIE on this noise
assessment. If you have any questions regarding this study, please do not hesitate to
contact us at (949) 474-0809 or be@rkengineer.com.
Sincerely,
RK ENGINEERING GROUP, INC.
Bryan Estrada, AICP Darshan Shivaiah
Senior Associate Environmental Specialist
Attachments
______________________________________________________________________
______________________________________________________________________________
Attachments
engineeringgroup, inc.engineering
Noise Monitoring LocationsExhibit A
N
Legend:
= Short Term (10-min) Noise Monitoring LocationST
2830-2019-02
CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach, CA
= Nearest Noise Sensitive Residential Uses
2
2
0 F
e
et
S ITEST
24
= Long Term (24-Hr) Noise Monitoring Location24
Appendix A
Field Data and Photos
Project:Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
Sound Level Meter:Calibration Record:Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial #A0520 Before Temp:57
After Windspeed:1 MPH
Calibrator:Direction:ENE
LD-250 250 Before 94.0 94.0 0.0 6:00 PM Skies:Clear
Serial #1322 After 94.0 94.0 0.0 Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
6:06 PM 6:16 PM 67.6 59.2 83.2 73.3 70.5 67.8 65.8
7:20 PM 7:30 PM 66.0 59.1 74.4 70.3 68.3 66.8 65.3
7:30 PM 7:40 PM 67.3 58.7 80.7 73.2 70.2 67.6 65.8
Field Sheet
1
Ambient noise includes noise from the parking lot, conversational noise from restaurant patrons on the patio, patio
restaurant speakers, people talking along the sidewalk, and traffic noise from Newport Boulevard.
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors.
Meter Settings:
x A-WTD LINEAR x SLOW 1/1 OCT x INTERVALS ___10____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT x LN PERCENTILE VALUES
2
Chihuahua Tap House Noise Impact
Study
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. Locations1
4
3
1
2
c
ST
Project: Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address: City:Newport Beach Site No.:
3107 Newport Boulevard
6:00 PM
47.0
Field Sheet - ST1 Location Photos
1
Chihuahua Tap House Noise Impact
Study
Project: Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address: City:Newport Beach Site No.:
3107 Newport Boulevard
6:00 PM
47.0
Field Sheet - ST1 Location Photos
Chihuahua Tap House Noise Impact
Study
1
PROJECT: Chihuahua Noise Impact Study JOB #: 2830‐2019‐02NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 03‐Sep‐19LOCATION: RESIDENTIAL PROPERTY LINE TO THE NORTH (DAY‐1) BY: D. ShivaiahTime Leq Lmin Lmax L2 L8 L25 L5012:00 AM 57.6 46.2 79.8 67.4 61.2 52.9 49.81:00 AM 56.1 46 77.9 66 58.1 51.2 48.22:00 AM 52.9 45.9 74.8 62.1 53.4 49.2 47.23:00 AM 51.9 46.1 76.7 56.2 50.9 47.8 474:00 AM 56.2 46.6 75.9 66.1 59 52 48.95:00 AM 59.6 47.3 74.9 69.7 64.4 56.8 52.56:00 AM 64 48.8 84.2 72.6 68.5 63.6 58.17:00 AM 67.1 51.1 89.2 74.4 70.5 66.3 61.88:00 AM 67.2 51.9 86.4 74.1 71.3 67.6 64.29:00 AM 71.3 50.4 97.5 76.8 70.8 65.9 61.310:00 AM 67.7 49.3 91 75.2 70.9 66.7 62.211:00 AM 66.1 51 82.8 73.8 70.3 66.2 62.212:00 PM 66.7 50.7 92.1 73.2 69.9 66.3 62.11:00 PM 66.9 50 83.3 73.9 71.8 67.4 632:00 PM 68.6 51.5 88.3 76.7 72.3 68.4 64.33:00 PM 66.4 51.5 88.4 72.9 70.3 67.1 62.94:00 PM 68.4 52.5 87.2 75.1 72.2 69.1 65.35:00 PM 71.2 52.7 98.8 73.9 70.5 67.1 63.26:00 PM 65.6 52 86.1 72.3 69.7 66.3 62.87:00 PM 64.9 50.6 81.2 71.9 69.2 65.6 62.18:00 PM 63.7 50.1 78.9 71.5 68.4 64.1 59.19:00 PM 62.9 48.9 82.9 71.3 67.4 62 56.310:00 PM 62.2 48.1 85.3 70.7 66.4 60.6 55.811:00 PM 61.7 46.5 85 70 65.1 57.7 53.5Daytime 67.4 48.1 98.8 74.0 70.4 66.5 62.4Nighttime 59.2 45.9 85.0 68.2 63.1 57.0 52.4
0.020.040.060.080.0100.0120.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln)LeqLminLmaxL2L8L25L50
60.062.064.066.068.070.072.074.076.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL)LeqCNEL
Project: Engineer:D. Shivaiah Date:9/7/2019
JN:2830-2019-02
Measurement Address: City:Newport Beach Site No.:
3107 Newport Boulevard
Sound Level Meter: Calibration Record: Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial # A0520 Before Temp: 84
After Windspeed: 5 MPH
Calibrator:Direction: SWE
LD-250 250 Before 94.0 94.0 0.0 7:30 AM Skies: Clear
Serial # 1322 After / / / Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
6:48 PM 6:58 PM 64.8 56.9 76.5 71 68.0 65.2 63.3
7:07 PM 7:17 PM 64.6 55.7 76.9 72.5 68.0 64.4 62.5
7:17 PM 7:27 PM 66.2 56.0 83.0 71.4 68.7 66.4 64.8
Field Sheet
1
Ambient noise includes noise from the parking lot, conversational noise from restaurant patrons on the patio, patio
restaurant speakers, people talking along the sidewalk, and traffic noise from Newport Boulevard.
Meter Settings:
A-WTD LINEAR SLOW 1/1 OCT INTERVALS ___10____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT LN PERCENTILE VALUES
1
Chihuahua Tap House Noise Impact
Study
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors.
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors Locations3
2
ST
Project: Engineer:D. Shivaiah Date:9/7/2019
JN:2830-2019-02
Measurement Address: City:Newport Beach Site No.:
3107 Newport Boulevard
47.0
Field Sheet - ST1 Location Photos
1
Chihuahua Tap House Noise Impact
Study
PROJECT: Chihuahua Noise Impact Study JOB #: 2830‐2019‐02NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 07‐Sep‐19LOCATION: RESIDENTIAL PROPERTY LINE TO THE NORTH (DAY‐2) BY: D. ShivaiahTime Leq Lmin Lmax L2 L8 L25 L5012:00 AM 61.0 46.8 80.5 69.1 65.2 60.5 55.51:00 AM 59.3 46 80.5 67 63.2 58.4 542:00 AM 61.6 46.9 88 67.6 62.2 57.8 55.83:00 AM 54.8 43.9 71.1 63 58.6 54.7 50.44:00 AM 52.2 44.3 72.4 61.8 53.7 49.6 47.65:00 AM 55.6 44.7 72 65.2 59.9 53.1 49.56:00 AM 59 46.8 76.8 68.1 63.8 57.2 52.67:00 AM 61.6 45.4 86.6 69 64.9 60.3 55.38:00 AM 62 46.6 83.6 69 66 62 58.49:00 AM 61.7 47.2 73.1 68.6 65.8 62.7 59.410:00 AM 63 49.8 80.4 69.7 66.4 63.1 60.211:00 AM 61.4 49.5 78.2 68 65.1 62 58.912:00 PM 64.4 48.8 85.1 74.9 66.3 62.6 59.41:00 PM 69.4 49 100.3 71 66 62.5 59.42:00 PM 62.5 48.5 83.7 69.2 65.5 62.3 59.23:00 PM 62.6 48 83.4 69 66 62.8 59.54:00 PM 62.7 49.5 87 69.1 65.8 62.7 59.65:00 PM 62.6 49.6 83.1 70 66.2 62.4 59.16:00 PM 68.7 51.8 93.5 75.4 69.1 65.2 61.87:00 PM 63.9 49.9 84 71.1 66.5 62.6 59.68:00 PM 65.6 49.9 89.1 73.6 67 63.1 59.79:00 PM 63.2 49.6 80.9 70.4 66.2 63.2 60.510:00 PM 63.8 48.4 91.9 69.4 65.5 61.2 56.211:00 PM 61.2 48.1 83.6 69.6 64.8 59.5 55Daytime 64.5 45.4 100.3 71.1 66.3 62.7 59.4Nighttime 59.1 43.9 88.0 67.1 62.6 57.4 53.4
0.020.040.060.080.0100.0120.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln)LeqLminLmaxL2L8L25L50
0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL)LeqCNEL
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ATTEN Tl O t
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