HomeMy WebLinkAbout20201022_PC_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, October 22, 2020, at 6:30 p.m. or soon thereafter as the matter shall be heard, a public hearing will be
conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The Planning Commission of the City of Newport Beach will consider the
following application:
Chihuahua Cerveza Expansion - An expansion of an existing 1,878-gross-square-foot restaurant with an existing 259-square-foot patio into the adjacent
commercial suite. With the expansion, the restaurant is proposed to be 2,616 square feet with a 626-square-foot patio. This expansion requires the parking
reduction of 25 parking spaces within the existing shopping center. The applicant proposes to upgrade the existing Type 41 ABC License (Beer and Wine)
to a Type 47 (On-Sale General Eating Place) and provide live entertainment in the form of two non-amplified performers. Pursuant to Newport Beach
Municipal Code (NBMC) Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site Consumption in Combination with
Late Hours, Entertainment, and or/ Dance), the operation requires the owner/operator to obtain an operator license with the approval of a conditional use
permit. No late hours or dancing are proposed as part of this application. If approved, this Conditional Use Permit would supersede Use Permit No. UP2010-
036.
The project is categorically exempt under Section 15301 Class 1 (Existing Facilities) and Section 15303 (New Construction or Conversion of Small
Structures), of the State CEQA (California Environmental Quality Act) Guidelines.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only
those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. The project site is located
in the coastal zone and outside of the California Coastal Commission appeals jurisdiction; therefore, final City action on the project is not appealable to the
California Coastal Commission. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 and 21.64. The
application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided.
SPECIAL NOTICE REGARDING COVID-19
Given the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19, we recommend that you submit your questions
and comments in writing for Planning Commission consideration by sending them to the Community Development Department at
PlanningCommissioners@newportbeachca.gov. To give the Planning Commission adequate time to review your questions and comments, please submit
your written comments by Wednesday, October 21, 2020, at 5:00 p.m. In addition, members of the public will have the ability to participate in this meeting
telephonically. Please review the Planning Commission Agenda for further instructions. The Agenda, staff report and corresponding documents will be posted
to the City’s website at www.newportbeachca.gov/planningcommission, by end of business day on Friday, October 16, 2020. While the City does not expect
there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to
the City’s website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. If you
are unable to participate in the meeting via the process set forth in the agenda, please contact the Planning Division at 949-644-3200 or
CDD@newportbeachca.gov and our staff will attempt to accommodate you.
For questions regarding this public hearing item please contact David S. Lee, Associate Planner, at 949-644-3225, dlee@newportbeachca.gov.
NOTICE OF POLICE DEPARTMENT DECISION
NOTICE IS HEREBY FURTHER GIVEN that pending approval of the Conditional Use Permit mentioned above, an operator license application is scheduled
for review by the Chief of Police of the City of Newport Beach on or after Thursday, October 29, 2020. The Chief of Police of the City of Newport Beach
will consider the following application:
Chihuahua Cerveza Operator License - A request for the issuance of an operator license pursuant to Chapter 5.25 (Operator License for
Establishments Offering Alcoholic Beverages for On-Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) to allow
Chihuahua Cerveza to expand, increasing occupancy, and operate a food service eating and drinking establishment with a Type 47 (On Sale General
Eating Place) Alcoholic Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The Operator License is required in
conjunction with a request for a Conditional Use Permit (UP2019-035) scheduled for review by the Planning Commission on October 22, 2020.
The project applications are categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
All interested parties may submit written comments regarding the requested operator license to Civilian Investigator, Wendy Joe, at 870 Newport Center
Drive, Newport Beach, California, 92660. Comments will be accepted until Wednesday, October 28, 2020. If you challenge this project in court, you may
be limited to raising only the issues you or someone else raised in written correspondence delivered to the City, on, or prior to, the date of decision. The draft
action letter and project file may be reviewed at the Community Development Department Permit Center (Bay C-1st Floor), at 100 Civic Center Drive, Newport
Beach, CA 92660. For questions regarding details of the operator license please contact Civilian Investigator, Wendy Joe, Special Investigations Unit at 949-
644-3705 or by email at wjoe@nbpd.org.
Project File No.: PA2019-160 Activity No.: UP2019-035, CD2020-001, and OL2020-001
Zone: CN (Commercial Neighborhood) General Plan: CN (Neighborhood Commercial)
Coastal Land Use Plan: CN (Neighborhood Commercial) (0.0 – 0.30
FAR) FILING DATE: August 22, 2019
Location: 3107 Newport Boulevard and 3109 Newport Boulevard Applicant: Chihuahua Brewing Company, LLC
Lauren Kleiman, Secretary, Planning Commission, City of Newport Beach