HomeMy WebLinkAboutPA2022-0149_20220727_Project DescriptionProject Description
Project Description and Justification
2600 E. Coast Highway
The applicant seeks a Conditional Use Pe1mit to establish a food service use (NBMC § 20.48.090) and a
Parking Management Plan (NBMC § 20.40.110). The project proposes to convert Suite I 00 from its
previous use as a medical office to a food service restaurant -Sugarfish, a high-quality sushi restaurant.
The restaurant would occupy the approximately 1,516 square feet of floor area, with approximately 900
square feet of net public area. It would provide 43 seats and would include beer and wine sales. The
restaurant's hours ofoperation are expected to be 11:30 am to 10:00 pm, Monday-Thursday, 11:30 am to
11 :00 pm, Friday and Saturday, and 12:00 pm to 9:00 pm, Sundays. The restaurant would serve beer and
wine only pursuant to a Type 41 on-sale license from the California Department of Alcoholic Beverage
Control ("ABC").
The restaurant would establish a new use within an existing approximately 21 ,325 square foot center.
The existing uses include a restaurant, business offices, and medical offices. There are cmTently six
vacant suites. The Parking Report (attached) conducted parking counts at various peak hours to assess
parking demand for the existing uses. The report concluded that the existing uses, as identified, resulted
in a demand for 23 on-site parking spaces during peak demand hours, which is less than the parking that
would be required by the NBMC. To calculate future parking demand, the repmt cumulatively added (1)
existing parking demand + (2) NBMC standard parking for the proposed restaurant (Sugarfish) + (3)
NBMC standard parking for assumed future uses of the currently vacant spaces. The entire center,
including existing uses, Sugarfish, and future assumed demand based on code-required parking, would
require 88 spaces, which is one less than the 89 parking spaces provided. With implementation of valet
service, an additional 24 spaces could be created, thus increasing the available supply to 113 spaces.
Justification/Findings
CUP Findings
Finding: The use is consistent with the General Plan and any applicable specific plan.
The project is consistent with the General Plan, which designates the property Corridor Commercial
("CC"). The CC designation is intended to "provide a range of neighborhood-serving retail and service
uses along street frontages that are located and designed to foster pedestrian activity." The proposed
restaurant is consistent with the intent of the CC designation, which seeks development of service uses
along commercial frontages. Suite 100, which is the proposed location of Sugarfish, is located on the
property's frontage along East Coast Highway, which is a major commercial thoroughfare within the
City. With the proposed restaurant, the property would be served by adequate parking (as demonstrated
by the parking repmt) and the incorporation of valet would ensure adequacy of parking (by providing
excess spaces) and efficiency of parking during peak demand periods. To that end, the project proposes
establishing a new restaurant in an area intended for such uses and provides appropriate parking to ensure
proper functioning of the use.
Finding: The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
The property is zoned Corridor Commercial ("CC") which, like the CC General Plan designation, "is
intended to provide for" establishment of neighborhood-serving retail and service uses "along street
frontages that are located and designed to foster pedestrian activity." Eating and Drinking
Establishments, including those with late hours and alcohol service, are permitted within the CC zone
PA2022-0149
with the approval of a CUP. As discussed above, Sugarfish would be located on the property's East
Coast Highway frontage. This location serves the purposes of the CC zone, particularly with respect to
establishing a neighborhood-serving service use (desirable restaurant) in an area that promotes pedestrian
activity. The previous use of Suite 100 - a medical office-does not engage the frontage or serve to
implement the goals of the CC zone to as great a degree as the proposed restaurant, which will increase
pedestrian-scale use of the area/property.
Finding: The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
The proposed use is consistent with the allowed uses in the vicinity and would not be out of scale or
incompatible with the area. The project is a tenant improvement to change the use of an existing suite. It
does not propose additional development. There are residential uses to the north and east of the shopping
center. However, as noted above, the Suite I 00 location fronts Coast Highway which is a major
commercial thoroughfare within the City. Moreover, the shopping center has an existing casual restaurant
-Bamboo Bistro -that has been operating successfully and harmoniously with the surrounding uses for
years. The project would not increase parking demand beyond that which is capable of being
accommodated within the existing parking serving the property (and with the implementation of valet
parking, would be served by an even greater surplus of parking). The parking report prepared for the
project concluded that existing parking demand plus assumed code-required future parking for uses would
not exceed the existing parking supply (89) spaces. With implementation of valet service, an additional
24 spaces could be created, thus increasing the available supply to 113 spaces. Also, the location provide
a walkable food service establishment to the surrounding residential neighborhood, which is anticipated to
reduce parking demand and utilization.
Finding: The site is physically suitable in terms of design, location, shape, size, operating characteristics,
and the provision of public and vehicle (e.g. fire and medical) access and public services and utilities.
The property is physically suitable for the project. As discussed above, the project is a tenant
improvement change of use to convert an existing suite within a shopping center to a high-quality
restaurant. The project's parking area is located underground and is accessed from5th Avenue through an
approximately 22-foot driveway alley. 5th Avenue is a right-in/right-out only maneuver from Coast
Highway, which reduces inconsistent traffic movements along Coast Highway. The shopping center is
also accessible at Coast Highway/Femleaf Avenue, which transports drivers to the driveway access off of
5th Avenue. The driveway location off of Coast Highway minimizes the potential to traffic issues at
project access points. The property's frontages on Coast Highway and 5th Avenue provides ample space
for emergency access and maneuvering. The project does not propose late-night operating hours and is
located adjacent to Coast Highway.
Finding: 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, safety, or general welfare of persons residing or working in the
neighborhood of the proposed use.
Please refer to the findings above regarding the appropriateness of the project within the shopping center.
On-Site Alcohol Sales Findings
Finding: The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
Per the Newport Beach Police Department's website, the property is within Area 4 and Reporting District
44. Comparing the publicly available area-wide crime statistics for 2021, Area 4 had the least total
PA2022-0149
crimes reported of all the crime areas.1 The census tract (Tract 627.01) also has a modest amount of on-
sale retail licenses, with only 13 active on-sale retail licenses reported by the ABC. This number of active
licenses is attributable to, and consistent with, the establishment of Coast Highway as a neighborhood-
serving commercial (retail and service) destination.
Finding: The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and
in adjacent reporting districts.
Area 4 generally has lesser crime than the other reporting areas within the City. As discussed previously,
the Coast Highway corridor is intended as a commercial designation for neighborhood-serving retail and
services, including eating and drinking establishments. With this high concentration of commercial uses,
calls for service may be higher along the corridor than other less commercial areas of the City. However,
the area is not inconsistent with expectations of calls for service for highly commercial and frequently
patronized areas.
Finding: 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.
Suite I 00 is located adjacent to Coast Highway. Although the property has residential uses to the north
and east, such uses would be buffered from the proposed restaurant by the larger shopping center. Also,
5th Avenue provides further separation from the proposed restaurant and residential uses to the north.
The proposed restaurant would not locate alcohol service any closer to the residents than is already
occurring and Coast Highway is a highly traveled commercial area with many restaurants, bars and other
commercial establishments. The shopping center itself is an entirely commercial structure and does not
propose establishment ofresidential uses. Consistent vehicular access along the rear driveway, along
with implementation of valet parking, as necessary to accommodate demand, would ensure that the space
behind the building remains well traveled, secure, and monitored.
Old School Park is the nearest public park, located across Coast Highway and past existing parking and
4th Avenue.
Finding: The proximity to other establishments selling alcoholic beverages for either off-site or on-site
consumption.
There are a few other establishments selling alcoholic beverages for on-site consumption within the
vicinity of the property, which is not unexpected given the commercial nature of the area (zone CC). The
majority of the establishment front directly along Coast Highway and are oriented away from nearby
residential uses. The project does not propose late night hours, and instead will cease operating by 11 :00
pm ( on weekend nights and earlier other nights).
• Bamboo Bistro (2600 E. Coast Highway)
• Avila's El Ranchito -Corona de! Mar (2515 E. Coast Highway)
• The Bungalow (2441 E. Coast Highway)
• Ruby's Diner (2305 E. Coast Highway)
Finding: Whether or not the proposed amendment will resolve any current objectionable conditions.
The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section
20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and
businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the
1 2021 statistics in order of least crimes reported: (I) Area 4, 323 reported crimes, (2) Area I, 3 76 reported crimes,
(3) Area 2,471 reported crimes, and (4) Area 3,554 reported crimes.
PA2022-0149
establishment. 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. All employees serving alcohol will be required to complete a certified training program
in responsib\e methods and skills for selling alcoholic beverages, as required by the State of California.
PA2022-0149