HomeMy WebLinkAbout2.0_El Ranchito Outdoor Dining Patio Expansion_PA2021-219
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 3, 2022
Agenda Item No. 2
SUBJECT: El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
▪ Conditional Use Permit
▪ Lot Merger
▪ Coastal Development Permit
SITE LOCATION: 2800, 2806, 2812, and 2814 Newport Boulevard
APPLICANT: Robinson Hill Architecture
OWNER: Sergio Avila
PLANNER: David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
An expansion of an existing outdoor dining patio that serves an existing restaurant. The
project includes a lot merger with the adjacent lot at 2806 Newport Boulevard in order to
construct the patio over the existing interior property line. Additionally, an off-site parking
agreement is requested allowing 12 of the required parking spaces to be located
approximately 60 feet from the restaurant at 2812 and 2814 Newport Boulevard.
If approved, this Conditional Use Permit would supersede Use Permit No. UP1757 and
Outdoor Dining Permit No. 8. In addition, if approved, the operator is required to obtain
an operator license from the Police Department pursuant to Newport Beach Municipal
Code (NBMC) Chapter 5.25.
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) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because it has no potential to have a significant effect on the environment
and the exceptions to the Class 3 exemption do not apply; and
3) Adopt Resolution No. PC2022-028 approving a Conditional Use Permit, Lot Merger,
and Coastal Development Permit, referred to as PA2021-219 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Visitor Serving
Commercial (CV)
Commercial Visitor-
Serving (CV) Restaurant
NORTH CV CV Parking Lot
SOUTH Mixed Use Water 2 (MU-
W2)
Mixed-Use Water (MU-
W2)
Commercial, motel, &
residential
EAST MU-W2 MU-W2 Mixed-Use
WEST CV CV Fire Station
Subject Property
Off-Site Parking Lot
Proposed Lot to Merge
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INTRODUCTION
Project Setting and Description
The existing restaurant (hereafter “El Ranchito”) is located on the end lot of a commercial
block at the northeastern corner of Newport Boulevard and 28th Street on the Balboa
Peninsula. El Ranchito is 3,638 gross square feet, includes 1,418 square feet of interior
net public area (NPA), and an existing 355-square-foot NPA outdoor dining patio. There
are seven existing on-site parking spaces. Additionally, the adjacent lot at 2806 Newport
Boulevard, which is under common ownership, has been used as a parking lot for the
restaurant with an additional eight parking spaces.
Surrounding uses include the previously mentioned parking lot and an office building to
the north, the City of Newport Beach Fire Station No. 2 to the west, commercial uses to
the east and mixed-use with residential units to the south. The restaurant is approximately
200 feet west of the harbor and approximately 1,000 feet east of the beach.
Entitlement and Permitting Background
El Ranchito is authorized under Use Permit No. UP1757, which was originally approved
by the Planning Commission on June 19, 1975. UP1757 authorized live entertainment in
the form of one non-amplified guitarist, between 7 p.m. and midnight, and between 1 a.m.
and 3 a.m. Food was permitted to be served until 4 a.m. Additionally, UP1757 recognized
that the parking was nonconforming due to no on-site parking spaces at that time. After
this authorization, the following notable permits have been issued to the restaurant:
• Amendment A to UP1757 (December 4, 1986): The Planning Commission
authorized a take-out food operation (414 gross square feet) in conjunction with
the existing restaurant, as well as a 91-square-foot expansion of NPA. Due to
these expansions, five parking spaces were required1. The use permit included a
condition of approval which required the restaurant to purchase five in-lieu parking
permits from the City.
• Amendment B to UP1757 (April 4, 1991): The Planning Commission authorized
four musicians with amplified music where the existing use permit limited the live
entertainment to one musician with no amplified music.
1 Since the NBMC required one parking space for each employee and one parking space for each 50 square feet of gross floor area
for a take-out food operation, the take-out component required 11 parking spaces. The Planning Commission waived 9 of the 11
required parking spaces. Amendment A also authorized a 91-square-foot expansion of net public area (NPA) for the restaurant. Since
the NBMC parks restaurants at one parking space per 40 square feet of NPA, three (3) additional spaces were required. This resulted
in a parking requirement of 5 parking spaces.
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•Outdoor Dining Permit No. 8 (March 21, 1996): The Planning Director authorized
a maximum 355-square-foot outdoor dining patio. No additional parking was
required for the patio2.
•Planning Director’s Approval (November 6, 1998): The Planning Director
authorized the restaurant to provide five off-site parking spaces in the abutting
property (2804 Newport Boulevard) in place of the payment of in-lieu parking fees
established by Amendment A, since the adjacent property was under common
ownership with the restaurant site.
•Live Entertainment Permit (December 18, 2002): The Revenue Division authorized
live entertainment until midnight Sunday through Thursday, and until 1 a.m. on
Friday, Saturday, Cinco de Mayo, and Mexican Independence Day. The approval
was consistent with Amendment B of UP1757.
•Lot Merger LM2016-011 (January 12, 2017): The Zoning Administrator authorized
the merger between 2800 and 2804 Newport Boulevard, which joined the adjacent
property with the previously mentioned five additional parking spaces to the
restaurant site.
Requested Changes
The applicant proposes a 950-square-foot expansion of an existing 355-square-foot outdoor
dining patio. With the expansion, the outdoor dining patio is proposed to be 1,305 square
feet of NPA, while the interior remains at 1,418 square feet of NPA (See Table 1 on the next
page). Additionally, since the expansion involves the construction of the patio over the
property line and into the abutting property, the applicant is requesting a lot merger between
2800 and 2806 Newport Boulevard. Finally, the applicant is requesting an off-site parking
agreement with 2812 and 2814 Newport Boulevard in order to provide the 12 additional
parking spaces (See Vicinity Map on Page 2).
2 The 355-square-foot maximum represents 25 percent of 1,418 square feet of existing NPA. The NBMC allows an outdoor dining
patio of up to 25 percent of the interior NPA before parking is required. The conversion of the 414-square-foot take-out component
to restaurant NPA was authorized through a tenant improvement in 1997. The 11-space parking requirement for the take-out component equates to the same parking requirement as net public area (414 / 40 = 10.35, or 11 spaces). Therefore, no additional
parking was required.
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Table 1: Existing and Proposed Operations
Existing Proposed
Interior NPA 1,418 sq. ft. No change
Outdoor NPA 355 sq. ft. 1,305 sq. ft. (+950 sq. ft.)
Required Parking 5 spaces 24 spaces
Provided Parking 15 spaces
-7 spaces on-site
-8 spaces informal off-site
24 spaces
-12 on-site
-12 formal off-site
Hours of Operation
(Interior)
No limitation 9 a.m. to midnight (Sun-Thurs)
9 a.m. to 2 a.m. (Fri–Sat)
Hours of Operation
(Outdoor)
No limitation 9 a.m. to 10 p.m. (Sun–Thurs)
9 a.m. to 11 p.m. (Fri–Sat)
Live Entertainment Until Midnight (Sun-Thurs)
Until 1 a.m. (Fri, Sat, Cinco
de Mayo, and Mexican
Independence Day.
No change
Dancing Not permitted No change
ABC License Type Type 47 No change
DISCUSSION
Analysis
General Plan, Local Coastal Plan, and Zoning Code
The site is categorized by the General Plan as CV (Visitor Serving Commercial) and CV-
A (Visitor Serving Commercial) – (0.0 – 0.75 FAR) by the Coastal Land Use Plan (CLUP).
It is located within the Commercial Visitor-Serving (CV) Zoning and Coastal Zoning
Districts. The CV designation is intended to provide for accommodations, goods, and
services intended to primarily serve visitors to Newport Beach. The project is an
expansion of an existing outdoor dining patio, which provides additional seating
opportunities for residents and visitors to the Balboa Peninsula area.
The following are notable General Plan and CLUP policies with which the project is
compliant:
Land Use Policy LU 2.6 (Visitor Serving Uses) recommends “uses that serve visitors to
Newport Beach’s ocean, harbor, open spaces, and other recreational assets, while
integrating them to protect neighborhoods and residents.”
Land Use Policy LU 6.8.5 (Quality of Place/Streetscapes) recommends the
implementation of “streetscape improvements that improve Balboa Peninsula’s visual
quality, image, and pedestrian character.”
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Land Use Policy LU 6.8.7 (Property Improvement) notes the importance of “incentives for
and work with property owners to improve their properties and achieve the community’s
vision for the Balboa Peninsula.”
Coastal Land Use Policy 2.1.5-6 allows “retail and visitor-serving commercial along the
Newport Boulevard Corridor consistent with the CV category.”
Coastal Land Use Policy 2.9.3-2 states to “require new development to provide off-street
parking sufficient to serve the approved use in order to minimize impacts to public on-
street and off-street parking available for coastal access.”
Coastal Land Use Policy 2.9.3-5 states to “require off-street parking in new development
to have adequate dimensions, clearances, and access to insure their use.
Alcohol Sales
The existing restaurant operates with a Type 47 license (On-Sale General, Eating Place)
State Department of Alcoholic Beverage Control (ABC) License. The applicant is not
requesting any changes to the existing ABC license type. However, there is a proposed
expansion of the patio in which alcohol is being served. The proposed project requires a
new conditional use permit that will supersede UP1757. NBMC Section 20.48.030
(Alcohol Sales) requires the Planning Commission to consider certain factors when
making the required findings to approve the use permit. The Newport Beach Police
Department (NBPD) has provided a memorandum for consideration (Attachment No. PC
2) with the factors required by NBMC Section 20.48.030.
1.The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Total Crime Count
RD No. 15 187 572 759
RD No. 13 63 104 167
RD No. 14 12 11 23
RD No. 16 49 101 150
Newport Beach 1,789 3,222 5,011
The Part One Crimes in Reporting District 15 (RD 15) is higher than the Part One Crimes
for adjacent districts. Overall, the crime for in RD 15 is 503 percent above the Citywide
reporting district average. In the last reporting period (2021), one arrest, which was not
alcohol related, was made by the NBPD at the subject property, and a total of 582 arrests
were made in RD 15. The higher crime rate is largely due to the number of visitors to the
Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-
residential to residential uses. While the area does have a high concentration of ABC
licenses, the findings can be made despite higher concentrations of crimes. The subject
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property has historically been occupied by a restaurant with alcohol service. The service
of alcoholic beverages has provided additional menu options for customers and enhances
the economic viability of the business.
2.The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Due to the high concentration of commercial land uses, the resulting calls for service and
number of arrests in RD 15 and adjacent reporting districts are greater than other areas
of the City. The highest volume crime in this area is simple assault and the highest volume
arrest in the area is driving under the influence. Driving under the influence, public
intoxication, and liquor law violations make up 44 percent of arrests in this reporting
district. However, the area is considered one of the more attractive tourist areas in the
City, which results in a higher number of alcohol-related calls for service, crimes and
arrests. The NBPD does not believe the approval of the application would significantly
contribute to or worsen crime in the area.
3.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.
The property is situated in a commercial zoning district. The nearest residential zone is
located approximately 275 feet away on the southbound portion of Balboa Boulevard
between 28th and 29th Streets. Additionally, there are mixed-use developments that
include residential units at 412 Villa Way, which is approximately 170 feet from the
property, and 2600 Newport Boulevard, which approximately 100 feet south from the
property. The residences at 2600 Newport Boulevard are shielded from the patio by the
restaurant building. The property is surrounded by other commercial and mixed-use
developments, as well as the City Fire Station across Newport Boulevard. The outdoor
dining patio expansion is not expected to negatively impact these uses. The project site
is not in proximity to a daycare center, recreational facility, school, or similar uses that
attract minors. The proposed alcohol sales are not detrimental to the community as a
result of the proximity to any sensitive land uses.
4.The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
The property is located in Census Tract 635, which has 71 active retail alcohol licenses
and a population of approximately 4,938 residents. This represents a per capita ratio of
one license for every 70 residents. Orange County has a per capita ratio of one license
for every 557 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. Approval of the requested application does not increase the number of licenses
in the area. Several other establishments along Newport Boulevard currently have active
ABC Licenses, most of which are bona fide eating and drinking establishments and are
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not defined as bars, lounges or nightclubs by the Zoning Code. As part of the Landing
shopping center, Chipotle Mexican Grill and Gina’s Pizza provide alcohol service to
patrons. Other nearby establishments such as Wild Taco, Helmsman Alehouse, Woody’s
Diner, Bear Flag Fish Company, Fable and Spirits, Malarky’s, and Session’s West Coast
Deli also provide alcohol service to patrons. The proximity to other establishments selling
alcohol does not raise a concern due to characteristics of the use, which is limited to 1,418
square feet of interior NPA and an outdoor patio space of 1,305 square feet of NPA.
Conditions of approval will further prevent the establishment from operating as a bar or
lounge.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The subject property has historically been used as a restaurant. There is no evidence that
suggests the proposed commercial use will create objectionable conditions with the
proposed expansion.
The project has been reviewed and conditioned to 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 establishment. Operational conditions of
approval recommended relative to the sale of alcoholic beverages will ensure
compatibility with the surrounding uses and minimize any alcohol related impacts.
Live Entertainment
El Ranchito is currently authorized for live entertainment through Use Permit No. UP1757,
as well as a Live Entertainment Permit issued by the Revenue Division on December 18,
2002. These approvals authorize a maximum of four performers with music that is
confined to the interior of the buildings with windows and doors of the restaurant
remaining closed during activities. Live entertainment is permitted until midnight on
Sunday through Thursday, and until 1 a.m. on Friday, Saturday, Cinco de Mayo, and
Mexican Independence Day.
The applicant proposes no changes to the previously permitted live entertainment. There
is no live entertainment permitted in the outdoor dining patio, and windows and doors are
to remain closed during any performances. Additionally, no dancing is permitted. As
conditioned, the restaurant owner shall obtain an Operator’s License from the NBPD prior
receiving a certificate of occupancy for the expanded outdoor dining patio.
Late Hours
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Pursuant to NBMC Section 20.48.090 (Eating and Drinking Establishments), the Planning
Commission must consider the following potential impacts upon adjacent or nearby uses
when reviewing an application to allow late-hour operations:
1.Noise from music, dancing, and voices associated with allowed indoor or
outdoor uses and activities;
2.High levels of lighting and illumination;
3.Increased pedestrian and vehicular traffic activity during late and early morning
hours;
4.Increased trash and recycling collection activities;
5.Occupancy loads of the use; and
6.Any other factors that may affect adjacent or nearby uses.
The applicant is proposing to continue live entertainment, as described above. As
conditioned, all live entertainment shall be confined to the interior of the building and all
windows and doors shall remain closed during performances. The applicant is not
requesting to allow dancing. Nearby residential units are located at 412 Villa Way
(approximately 170 feet from the property) and 2600 Newport Boulevard (approximately
100 feet south from the property). Significant noise impacts from the outdoor dining area
are not anticipated to affect 412 Villa Way given its distance from the dining patio.
Additionally, noise impacts are not anticipated to affect 2600 Newport Boulevard, since it
is shielded from the patio by the restaurant building.
No new lighting is proposed at this time. As conditioned, the properties shall not be
excessively illuminated. The Community Development Director may order the dimming of
light sources or other remediation if necessary.
El Ranchito currently has no identified limitation for hours of operation. The applicant is
agreeable to limit the hours to 9 a.m. to midnight, Sunday through Thursday, and 9 a.m.
to 2 a.m. on Friday and Saturday. Additionally, the outdoor patio is conditioned to have
hours of operation from 9 a.m. to 10 p.m., Sunday through Thursday, and 9 a.m. to 11
p.m. on Friday and Saturday. Staff does not anticipate issues with the proposed hours,
since El Ranchito has not had any operational issues given there is no current restrictions.
A trash area is currently at the rear of the establishment, which will be replaced by a new
enclosure as a part of the project. As conditioned, the operator will be required to maintain
the trash area such that odors are controlled appropriately and provide trash pickup six
days a week.
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Should the Planning Commission approve all or any part of the project, the applicant will
be required to obtain an Operator License from the Police Department. The Operator
License will provide for enhanced control of noise, loitering, litter, disorderly conduct,
parking/circulation, and other potential disturbances resulting from the establishment, and
will provide the Police Department with means to modify, suspend, or revoke the
operator’s ability to maintain late-hour operations.
Parking
With the addition of the outdoor dining patio, a total of 24 parking spaces is required. The
applicant proposes to provide 12 on-site parking spaces and 12 off-site parking spaces
for a total of 24 parking spaces.
As previously mentioned, UP1757 requires five parking spaces for El Ranchito. With the
proposed expansion of the outdoor dining patio, additional parking is required. Pursuant
to Sections 20.50.040 and 21.40.040 (Off-Street Parking Spaces Required) of the NBMC,
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 NPA based on physical and operational
characteristics of the proposed restaurant. A parking rate of one space per 50 square feet
of NPA is appropriate to apply to the expanded outdoor dining patio based on the following
characteristics of the proposed use:
1.There is no presence of pool tables, big screen, televisions, or other
attractions within the patio area;
2.The outdoor dining patio is proposed to close at 9 p.m., Sunday through
Thursday and 10 p.m., Friday and Saturday;
3.Due to its proximity to both the beach and the harbor, walk-up traffic is
expected with shared trips to multiple destinations and attractions in the
vicinity; and
4.Due to its location on Balboa Peninsula, which is densely populated, biking
is prominent year-round and bicycle racks dedicated to the restaurant are
provided on the adjacent site which shares common ownership.
Therefore, since the proposed expansion is 950 square feet of NPA, it requires an
additional 19 parking spaces (950 / 50 = 19). This would increase the overall restaurant’s
parking requirement to 24 spaces (5 + 19 = 24).
Off-Site Parking Agreement
The applicant is proposing an off-site parking agreement with 2812 and 2814 Newport
Boulevard to provide 12 of the 24 required parking spaces. In accordance with Sections
20.40.100 and 21.40.100 (Off-Site Parking) of the NBMC, the Planning Commission must
make the following findings in order to approve an off-site parking agreement:
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1.The parking facility is located within a convenient distance to the use it is intended
to serve.
2.On-street parking is not being counted towards meeting parking requirements.
3.Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
4.The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
5.The parking facility shall be located within a five hundred (500) foot distance unless
alternative transportation provided to the use it is intended to serve.
6.The off-site, off-street parking shall not impact public parking available for coastal
access.
7.Public parking facilities may only be used as an off-site parking facility as part of
an overall Parking Management Plan.
The off-site parking lots at 2812 and 2814 Newport Boulevard are located approximately
60 feet from the restaurant. As conditioned, the off-site parking lot shall maintain a
minimum of 12 parking spaces at all times to serve the restaurant. There is an existing
public sidewalk abutting Newport Boulevard for pedestrian travel between the restaurant
and the parking lots.
The use of the nearby off-site parking lots will not create undue traffic conflicts. The
parking lots, along with the restaurant, are located on the east side of Newport Boulevard
and would not require patrons who park in the off-site parking lot to cross the street, as
there is a sidewalk that leads directly to the restaurant. There is a commercial building
located at 2808 and 2810 Newport Boulevard, between the restaurant and the off-site
parking lots. The commercial building is primarily used as an office space and storage
area for the subject restaurant and is not expected to generate heavy traffic.
The parking lots will not impact public parking available for coastal access. The parking
lots are located approximately 50 feet from the bay and 1,000 feet from the beach. The
lots were previously used as a storage yard for boat parts and were recently converted to
private parking lots. This allows for patrons of the restaurant to park on private property
instead of using public street parking that visitors use to access the area or the coast.
Conditional Use Permit Findings
Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the NBMC, the Planning Commission must make the following findings to approve a
conditional use permit:
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1. The use is consistent with the General Plan and any applicable specific plan;
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.
As demonstrated in the draft Resolution (Attachment No. PC 1), the CV land use category
of the General Plan and Zoning Code is intended to provide for accommodations, goods,
and services intended to primarily serve visitors to Newport Beach. The proposed outdoor
dining patio expansion provides additional outdoor dining opportunities for residents as
well as visitors to the harbor and beach. The area of the proposed expansion is a parking
lot, which currently has a temporary outdoor dining patio for El Ranchito. The permanent
expansion provides improved quality and image to pedestrians and motorists travelling
on Newport Boulevard.
As conditioned, the hours of operation for the interior of the restaurant are from 9 a.m. to
midnight, Sunday through Thursday, and 9 a.m. to 2 a.m., Friday and Saturday. The
conditioned hours of operation for the outdoor patio are from 9 a.m. to 10 p.m., Sunday
to Thursday, and 9 a.m. to 11 p.m., Friday and Saturday. Amplified live entertainment,
which is currently permitted, is not proposed to change.
As previously discussed, required parking is proposed to be provided through the
combination of on-site and off-site parking.
Conditions of approval are included to ensure that potential conflicts are minimized to the
greatest extent possible. The restaurant is not located adjacent to residential uses, but is
across the street from a City Fire Station and is in the vicinity of other commercial uses.
The existing kitchen, food prep area, restrooms, and storage areas will remain in the existing
restaurant and will be unaffected by the expansion. However, the applicant is required to
obtain Orange County Health Department approval prior to opening for business with the
additional outdoor patio area, and must comply with the California Building Code to ensure
the safety and welfare of customers and employees within the establishment. Finally, a
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condition of approval is included which requires all on-premise alcohol servers and
managers to be trained and certified for responsible alcoholic beverage service.
Coastal Development Permit Findings
The subject properties are located within the Coastal Zone. The proposed project requires
a coastal development permit (CDP). Pursuant to certified Local Coastal Program (LCP)
Implementation Plan Section 21.52.15(F) (Findings and Decision), the Planning
Commission must make the following findings to approve a coastal development permit:
1. Conforms to all applicable sections of the certified Local Coastal Program (e.g.
development standards, no impacts to public views, natural resources, etc.); and
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 (Commercial Visitor-Serving) Coastal Zoning District that are classified as Food
Service, are allowed uses. The proposed project is an expansion to an existing outdoor
dining patio which serves a restaurant established in 1975. The use is a visitor-serving
use, which is a priority use in the Coastal Zone.
The properties are not located adjacent to a coastal view road or public access way. The
proposed outdoor dining patio complies with all applicable Local Coastal Program (LCP)
development standards and maintains an area consistent with the existing pattern of
development on the Balboa Peninsula. Additionally, the project does not contain any unique
features that could degrade the visual quality of the Coastal Zone. The properties are not
located between the nearest public road and the sea or shoreline of any body of water
located within the coastal zone. The properties are located approximately 1,000 feet from a
public beach and approximately 200 feet from the harbor and is not located near a public
viewpoint designated by the Coastal Land Use Plan. The project includes additional off-
street parking that should reduce patron use of street parking and provide additional on-
street parking to visitors of the nearby beach and bay.
Lot Merger Findings
In accordance with Sections 19.68.030 (Lot Mergers) and 19.08.030 (Waiver of Parcel
Map Requirements) of the NBMC, the Planning Commission must make the following
findings in order to approve a lot merger:
1. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or
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injurious to property and improvements in the neighborhood or the general welfare
of the City, and further that the proposed lot merger is consistent with the legislative
intent of this title.
2.The lots to be merged are under common fee ownership at the time of the merger.
3.The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating
to the subject property including, but not limited to, the General Plan and any
applicable Coastal Plan or Specific Plan.
4.Neither the lots as merged nor adjoining parcels will be deprived of legal access
as a result of the merger.
5.The lots as merged will be consistent with the pattern of development nearby and
will not result in a lot width, depth or orientation, or development site that is
incompatible with nearby lots.
6.In waiving a parcel map requirement, the Zoning Administrator shall make findings
that the proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved
public roads and property access, sanitary disposal facilities, water supply
availability, environmental protection, and other applicable requirements of this
title, the Zoning Code, the General Plan, and any applicable Coastal Plan or
Specific Plan.
The proposed patio expansion would cross an existing interior property line between El
Ranchito and 2806 Newport Boulevard. Section 19.04.035 of the NBMC (Development
Across Property Lines) prohibits construction across property lines. As such, the
proposed Lot Merger would remove the interior lot line between the restaurant site at
2800 Newport Boulevard and the adjoining property at 2806 Newport Boulevard. The two
lots are under common fee ownership. Access to the resulting parcel is available from the
alley.
Properties along Newport Boulevard consist of lots of varying shapes and sizes. Although
the proposed Lot Merger will create a larger lot (10,237 square feet), it will not create an
excessively large lot in comparison to the existing lots in the area. There are many existing
lots in the surrounding neighborhood that are similar or larger when compared to the
proposed lot, including 2600 Newport Boulevard (86,641 square feet), 2807 Newport
Boulevard (17,693 square feet), and 2627 Newport Boulevard (9,544 square feet. The
proposed lot width is approximately 102 feet, which will not create an excessively wide lot
in comparison to other existing lots in the area. There are existing lots in the surrounding
neighborhood that exceed the proposed lot width, including 2600 Newport Boulevard
(approximately 430 feet wide), 2807 Newport Boulevard (approximately 149 feet wide),
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El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Planning Commission, November 3, 2022
Page 15
2823 Newport Boulevard (approximately 100 feet wide), and 2911 Newport Boulevard
(approximately 110 feet wide).
The Lot Merger will not change the visual appearance of the restaurant in that the parcel
to be merged is currently and will continue to be utilized as parking and outdoor dining for
the restaurant. There is currently a temporary outdoor dining patio which would be
improved to be permanent.
Summary and Alternatives
Staff believes the findings for approval can be made, especially since there will be a clear
limitation on operational hours for both the restaurant and the outdoor dining patio. There
is no live entertainment permitted on the patio at any time. The proposed off-site parking
is located approximately 50 feet from the restaurant and is easily accessible via a public
sidewalk. The increased parking supply allows patrons to park on private property, which
maintains on-street public parking for visitors of the nearby bay and beach. The facts in
support of the required findings and all recommended conditions of approval are presented
in the draft resolution (Attachment No. PC 1).
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support for the project application:
1.The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2.If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial, and allow staff to prepare a revised resolution for denial of
the project.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment and the exceptions to the Class 3 exemption do not apply.
The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves the expansion of an outdoor dining patio which
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El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Planning Commission, November 3, 2022
Page 16
will not result in an increase of more than 2,500 square feet, nor 50 percent of the floor
area of the structures before the addition.
The Class 3 (New Construction or Conversion of Small Structures) exemption includes
the construction of limited numbers of new, small facilities or structures, including a
restaurant or similar structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. The Project involves the
expansion of an outdoor dining patio of 950 square feet of net public area.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
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: Submitted by:
____________________________
David S. Lee, Associate Planner
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ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Police Department Memorandum
PC 3 Applicant’s Project Description
PC 4 Project Plans
18
Attachment No. PC 1
Draft Resolution with Findings and Conditions
19
INTENTIONALLY BLANK PAGE20
RESOLUTION NO. PC2022-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT
MERGER, COASTAL DEVELOPMENT PERMIT AND
CONDITIONAL USE PERMIT WHICH SUPERSEDES USE
PERMIT NO. 1757 AND OUTDOOR DINING PERMIT NO. 8 FOR
THE EXPANSION OF AN EXISTING OUTDOOR DINING PATIO
LOCATED AT 2800 NEWPORT BOULEVARD (PA2021-219)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Robinson Hill Architecture (“Applicant”), with respect to property
located at 2800, 2806, 2812 and 2814 Newport Boulevard, and legally described as Parcel
1 of Block 225, as per Lot Merger No. LM2016-011 (2800), Lot 4 of Block 225 (2806), Lot
7 of Block 225 (2812), and Lot 8 of Block 225 (2814) (“Properties”), requesting approval of
a conditional use permit, lot merger, and coastal development permit.
2. The Applicant seeks an expansion of an existing outdoor dining patio that serves an
existing restaurant. The project includes a lot merger with the adjacent lot at 2806 Newport
Boulevard in order to construct the patio over the existing interior property line. Additionally,
an off-site parking agreement is requested allowing 12 of the required parking spaces to
be located approximately 60 feet from the restaurant at 2812 and 2814 Newport Boulevard.
3. There are no changes to the interior floor plan of the restaurant and no operational changes
are requested (“Project”). Approval of the Project would supersede Use Permit No. 1757
and Outdoor Dining Permit No. 8.
4. The Properties are categorized Visitor Serving Commercial (CV) by the General Plan Land
Use Element and are located within the Commercial Visitor-Serving (CV) Zoning District.
5. The Properties are located within the Coastal Zone. The Coastal Land Use Plan category
is Visitor Serving Commercial (CV-A) (0.0–7.5 FAR) and are located within the Commercial
Visitor-Serving (CV) Coastal Zone District.
6. A public hearing was held on November 3, 2022 in the City Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the
Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
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Planning Commission Resolution No. PC2022-028
Page 2 of 23
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Structures and Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2.The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves the expansion of an outdoor dining patio which
will not result in an increase of more than 2,500 square feet, nor 50 percent of the floor
area of the structures before the addition.
3.The Class 3 (New Construction or Conversion of Small Structures) exemption includes
the construction of limited numbers of new, small facilities or structures, including a
restaurant or similar structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. The Project involves the
expansion of an outdoor dining patio of 950 square feet of net public area.
4.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Lot Merger
In accordance with Section 19.68.030 (Lot Mergers) and 19.08.030 (Waiver of Parcel Map
Requirements) of the NBMC, the following findings and facts in support of such findings are
set forth:
A.Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood of such Project or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City, and further that the
lot merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1.The Lot Merger to combine two existing legal lots by removing the interior lot line between
the lots will not result in the creation of additional parcels.
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Planning Commission Resolution No. PC2022-028
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2.The Project is in an area with an average slope of less than 20 percent.
3.The Lot Merger is consistent with the purpose and intent of Title 19 (Subdivisions) of the
NBMC.
4.The future development on the Properties will be subject to Title 20 (Planning and
Zoning) of the NBMC development standards, which are intended to promote orderly
development, protect neighborhood character, and preserve public health, safety, and
general welfare of the City.
Finding:
B.The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
1.The two lots to be merged are under common fee ownership, as evidenced by the
ownership information and documentation provided at the time of application submittal.
Finding:
C.The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
Properties including, but not limited to, the General Plan and any applicable Coastal
Plan or Specific Plan.
Facts in Support of Finding:
1.Fact 1 in support of Finding H is hereby incorporated by reference.
2.Fact 1 in support of Finding I is hereby incorporated by reference.
3.The lots as merged will retain the same land use and zoning categories within the General
Plan, Title 20 (Planning and Zoning) and Title 21 (Local Costal Program Implementation
Plan) of the NBMC.
4.The Properties are not located within a Specific Plan area.
Finding:
D.Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Facts in Support of Finding:
1.No adjoining parcels will be deprived of legal access as a result of the merger, as there are
no parcels that are dependent on the Properties for access.
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Finding:
E.The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots.
Facts in Support of Finding:
1.Other properties along Newport Boulevard consist of lots of varying shapes and sizes.
Although the Lot Merger will create a larger lot (10,237 square feet), it will not create an
excessively large lot in comparison to the existing lots in the area. There are many
existing lots in the surrounding neighborhood that are similar or larger when compared
to the Lot Merger, including 2600 Newport Boulevard (86,641 square feet), 2807
Newport Boulevard (17,693 square feet), and 2627 Newport Boulevard (9,544 square
feet).
2.The width of parcel created by the Lot Merger is approximately 102 feet, which will not
create an excessively wide lot in comparison to other existing lots in the area. There are
existing lots in the surrounding neighborhood that exceed the Lot Merger, including 2600
Newport Boulevard (approximately 430 feet wide), 2807 Newport Boulevard
(approximately 149 feet wide), 2823 Newport Boulevard (approximately 100 feet wide),
and 2911 Newport Boulevard (approximately 110 feet wide).
3.The Lot Merger will not change the visual appearance of the restaurant in that the parcel
to be merged is currently and will continue to be utilized as parking and outdoor dining
for the restaurant. There is currently a temporary outdoor dining patio which would be
improved to be permanent.
4.The resulting lot configuration will not change the existing pattern of development since
the orientation and access to the parcels would remain the same.
Finding:
F.The division of land complies with requirements as to area, improvement and design,
flood water drainage control, appropriate improved public roads and property access,
sanitary disposal facilities, water supply availability, environmental protection, and other
applicable requirements of this title, the Zoning Code, the General Plan, and any
applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1.Approval of the Lot Merger would remove the existing interior lot lines, and allow the
Properties to be used as a single site. The Project would comply with all design standards
and improvements required for new subdivisions by Title 19 (Subdivisions) of the NBMC,
General Plan, and Coastal Land Use Plan.
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2.The Properties are located within the Coastal Zone and the Project’s compliance with
Title 21 (Local Coastal Program Implementation Plan) of the NBMC is further discussed
in Findings T and U, below.
3.The Properties are not subject to a Specific Plan.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
G.The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
i.The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1.The Property is located in Reporting District 15 (RD 15). RD 15 exceeds the City
average, and is considered a high crime area as compared to other reporting
districts. The RD’s Crime Count is 647, 541 percent over the Citywide crime count
average of 107. Since this area has 20 percent greater 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. However, RD 15
contains a large number of visitor and tourist-serving nonresidential uses. Lido
Marina Village, Cannery Village, the Newport Boulevard business corridor, and
McFadden Square consist of many eating and drinking establishments that serve
residents and visitors to the area. The intent of the zoning designations in this beach
area, as well as the two (2) adjacent reporting districts, is to provide various
commercial and retail uses to support the surrounding residential area and
surrounding visitor-serving and tourist destinations. Beach areas have a higher
concentration of land uses and therefore tend to have a higher crime rate than other
areas in the City.
2.The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location, operational characteristics, and closing hours of midnight
on Sunday through Thursday and 2 a.m. on Friday and Saturday, and has no
objection to the continuation of the Type 47 alcoholic beverage license subject to
appropriate conditions of approval.
ii.The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
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1.Due to the high concentration of commercial land uses, the resulting calls for service
and number of arrests in RD 15 and adjacent reporting districts are greater than
other areas of the City. The highest volume crime in this area is drunkenness and
the highest volume arrest in the area is Public Intoxication. Driving under the
influence, public intoxication, and liquor law violations make up 44 percent of arrests
in this reporting district. However, the area is considered one of the more attractive
tourist areas in the City, which results in a higher number of alcohol-related calls for
service, crimes and arrests.
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.
1.Although the Project is located near a residential district, the Property is situated in
a commercial zoning district within an existing commercial plaza with other
nonresidential uses. Residential neighborhoods are located adjacent to the plaza to
the north, east, and south. To the west of the plaza, there are existing commercial
uses.
2.The Project is not in proximity to a religious facility, daycare center, park, recreational
facility, school, or similar uses that attract minors.
3.The proposed alcohol sales are not detrimental to the community as a result of the
proximity to any sensitive land uses.
iv.The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1.Several other establishments along Newport Boulevard currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by the Zoning Code. Within the same
shopping center, Chipotle Mexican Grill and Gina’s Pizza provide alcohol service to
patrons. Other nearby establishments such as Woody’s Diner, Bear Flag Fish
Company, Fable and Spirits, Malarky’s, and Session’s West Coast Deli also provide
alcohol service to patrons.
2.The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the use, which is limited to 1,418 square feet of
interior net public area and an outdoor patio space of 1,305 square feet. The
proposed hours of operation are from 9 a.m. to midnight, Sunday through Thursday,
and 9 a.m. to 2 a.m., Friday and Saturday for the interior. The hours of operation for
the exterior patio are 9 a.m. to 10 p.m., Sunday through Thursday, and 9 a.m. to 11
p.m. on Friday and Saturday. Service of alcohol would begin at 9:00 a.m., daily.
Conditions of approval will further prevent the establishment from operating as a bar
or lounge.
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v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The property
has historically been used as a restaurant. An expanded temporary outdoor dining
patio has been operating through an Emergency Temporary Use Permit and Limited
Term Permit since June of 2020 without issues. There is no evidence that suggests
the Project will create objectionable conditions with the proposed expansion.
2. The Project has been reviewed and conditioned to 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 establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize any alcohol related
impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
H. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan land use category for this site is CV (Visitor Serving Commercial),
which is intended to provide for accommodations, goods, and services intended to
primarily serve visitors to Newport Beach. The Project is an expansion of an existing
outdoor dining patio, which provides additional seating opportunities for residents and
visitors to the Balboa Peninsula area.
2. The Project is consistent with the following General Plan Land Use policies, applicable
to the Project:
a. Land Use Element Policy LU.2.6 (Visitor Serving Uses). Provide uses that
serve visitors to Newport Beach’s ocean, harbor, open spaces, and other
recreational assets, while integrating them to protect neighborhoods and
residents.
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The Project is an expansion of an outdoor dining patio which serves an
existing restaurant that is approximately 200 feet from the harbor and 1,000
feet from the beach. The Project provides additional outdoor dining
opportunities for visitors to the harbor and beach.
b.Land Use Element Policy LU.6.8.5 (Quality of Place/Streetscapes).
Develop a plan and work with property owners and businesses to fund and
implement streetscape improvements that improve Balboa Peninsula’s visual
quality, image, and pedestrian character. This should include well-defined
linkages among individual districts, between the ocean and Bay, and along
the Bay frontage, as well as streetscape and entry improvements that
differentiate the character of individual districts.
The existing restaurant is located at the corner of Newport Boulevard and 28th
Street. The Project is adjacent to Newport Boulevard and will provide
improved quality and image to pedestrians and motorists travelling on
Newport Boulevard. The area of the expansion is a parking lot, which has a
temporary outdoor dining patio.
c.Land Use Element Policy LU.6.8.7 (Property Improvement). Provide
incentives for and work with property owners to improve their properties and
achieve the community’s vision for the Balboa Peninsula.
The Project improves the Properties to provide additional opportunity for
outdoor dining, as well as necessary parking for patrons in the proposed off-
site parking lot.
3.The Properties are not a part of a specific plan area.
Finding:
I.The use is allowed within the applicable zoning district and complies with all other
applicable provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1.The Properties are located in the CV (Commercial Visitor-Serving) Zoning District, which
is intended to provide for areas appropriate for accommodations, goods, and services
intended to serve primarily visitors to the City. Eating and drinking establishments are
allowed uses, subject to the approval of a use permit. The expansion of the existing
restaurant is consistent with this designation because it will provide expanded outdoor
dining options to visitors to the City.
2.The existing restaurant is authorized under Use Permit No. UP1757, which was
originally approved by the Planning Commission on June 19, 1975. The Use Permit
authorized live entertainment and recognized that the parking was nonconforming due
to there being no on-site parking spaces.
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3. On December 4, 1986, the Planning Commission approved an amendment to UP1757
(Amendment A), which authorized a take-out food operation (414 gross square feet) in
conjunction with the existing restaurant, as well as a 91 square foot expansion of net
public area (NPA) to the restaurant. Due to these expansions, five parking spaces were
required. The use permit included a condition of approval which required the restaurant
to purchase five in-lieu parking permits from the City.
4. On November 6, 1998, a Planning Director’s Approval was approved to allow the
restaurant to provide five off-site parking spaces in the immediately adjacent property
(2804 Newport Boulevard) in place of the payment of in-lieu parking fees established by
Amendment A, since the adjacent property was under common ownership with the
restaurant site. Lot Merger LM2016-011 was later approved by the Zoning Administrator
on January 12, 2017, which merged the adjacent property with the parking spaces to
the restaurant site. On March 21, 1996, Outdoor Dining Permit No. 8 was approved
which authorized a maximum 355 square foot outdoor dining patio. No additional parking
was required for the patio.
5. The restaurant site at 2800 Newport Boulevard currently includes seven (7) existing on-
site parking spaces. Additionally, the adjacent lot under common ownership at 2806
Newport Boulevard informally provides eight (8) off-site parking spaces for a total of 15
spaces which serve the restaurant. Due to the addition of the outdoor dining area, the
parking supply is proposed to be reduced to six (6) spaces each on both the restaurant
site and 2806 Newport Boulevard. With the proposed expansion of the outdoor dining
patio, additional parking is required.
6. Pursuant to Sections 20.50.040 and 21.40.040 (Off-Street Parking Spaces Required) of
the NBMC, parking required for restaurant uses may range from a rate of one (1) space
per 30 square feet to one (1) space per 50 square feet of interior NPA based on physical
and operational characteristics of the proposed restaurant. A parking rate of one (1)
space per 50 square feet of NPA is appropriate to apply to the expanded outdoor dining
patio based on the following location and operational characteristics of the proposed
use: 1) there is no presence of pool tables, big screen, televisions, or other attractions
within the patio area; 2) the outdoor dining patio operation is proposed to close at 10
p.m. on Sunday through Thursday and 11 p.m. on Friday and Saturday; 3) due to its
close proximity to both the beach and the harbor, walk-up traffic is expected; and 4) due
to its location on Balboa Peninsula, which is densely populated, biking is prominent year-
round and bicycle racks dedicated to the restaurant are provided on the adjacent site
which shares common ownership.
7. The patio expansion is 950 square feet of NPA and requires an additional 19 parking
spaces (950 / 50 = 19). This would increase the overall restaurant’s parking requirement
to 24 spaces (5 + 19 = 24). As part of the Project, the Applicant is proposing to merge
with the adjacent lot under common ownership with the restaurant site (2806 Newport
Boulevard) and provide an additional 6 on-site parking spaces, resulting in a total of 12
on-site parking spaces after the merger. Additionally, the Applicant is proposing an off-
site parking agreement with 2812 and 2814 Newport Boulevard to provide an additional
12 parking spaces. These off-site parking lots are also under common ownership with
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the restaurant site. Therefore, the 24-space parking requirement would be satisfied
between a combination of 12 on-site spaces and 12 off-site spaces. All facts in support
of Findings M through S are hereby incorporated by reference.
Finding:
J. 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. Commercial uses, including restaurants, are common in the vicinity of Newport
Boulevard and serve visitors and residents. As conditioned, the Project will be
compatible with the land uses permitted within the surrounding neighborhood.
2. The Project is an existing restaurant located in a commercial area and will complement
the existing mix of retail, service, and restaurant uses in the immediate area. The
adjacent lot onto which the patio will expand is a parking lot with a 1,000-square-foot
temporary outdoor patio that was authorized by Limited Term Permit No. XP2021-036
and Coastal Development Permit No. CD2021-071. These Permits expire on March 17,
2023.
3. The expansion of the existing outdoor dining patio provides additional outdoor dining
opportunities for visitors to the Balboa Peninsula area. The nearest residences are
located approximately 275 feet away on the southbound portion of Balboa Boulevard
between 28th and 29th Streets. As conditioned, the outdoor dining patio must close by
10 p.m. on Sunday through Thursday, and 11 p.m. on Friday and Saturday. All patrons
must vacate the premises by these designated times. The closing hours will help to
ensure the use remains compatible with the surrounding neighborhood.
4. The Project involves the expansion of the patio onto the adjacent lot at 2806 Newport
Boulevard through a lot merger. The lot is currently used for restaurant parking, as well
as a temporary outdoor dining patio which was originally authorized though Emergency
Temporary Use Permit No. UP2020-008 during COVID-19. The Project would allow
construction of a permanent patio in a commercial area.
5. The Project involves an off-site parking agreement with 2812 and 2814 Newport
Boulevard to provide 12 additional parking spaces. 2812 and 2814 Newport Boulevard
was previously used as a storage yard for boat parts, and has recently been converted
to a parking lot which serves the subject restaurant. Additional off-street parking is
compatible to the allowed uses in the vicinity as it removes additional on-street parking
for patrons of the restaurant.
6. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. The restaurant is not located adjacent to
residential uses, but is across the street from a City Fire Station and is in the vicinity of
other commercial uses.
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7. As conditioned, the outdoor dining area will close by 10 p.m. on Sunday through
Thursday, and 11 p.m. on Friday and Saturday. The closing hours will help to ensure
there is no detriment to the surrounding neighborhood.
Finding:
K. 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 is an expansion of an existing outdoor patio that serves an existing
restaurant. The adjacent lot onto which the patio would expand is a parking lot that
currently serves the restaurant and also includes a temporary outdoor patio. The design,
size, location, and operating characteristics of the use are compatible with the surrounding
neighborhood.
2. The existing kitchen, food prep area, restrooms, and storage areas will remain in the
existing restaurant and will be unaffected by the expansion. However, the Applicant is
required to obtain Orange County Health Department approval prior to opening for
business with the additional outdoor patio area, and must comply with the California
Building Code to ensure the safety and welfare of customers and employees within the
establishment.
3. The Project includes the relocation of the existing curb cut that is shared between 2812
and 2814 Newport Boulevard. The relocation provides a more appropriate path of
egress for vehicles due to the changed parking layout. The relocation does not result in
a net loss of on-street parking spaces.
4. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Properties. Any additional utilities upgrades required for the change in
occupancy will be required at plan check for the building permit.
5. The tenant improvements to the Properties will comply with all Building, Public Works,
and Fire Codes. All City ordinances and all conditions of approval will be complied with.
Finding:
L. 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.
Facts in Support of Finding:
1. Fact 1 in support of Finding K is hereby incorporated by reference.
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2.Fact 7 in support of Finding J is hereby incorporated by reference.
3.The Project has been reviewed and includes conditions of approval to help ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible.
Off-Site Parking
In accordance with Sections 20.40.100 and 21.40.100 (Off-Site Parking) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
M.The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
1.The off-site parking lots at 2812 and 2814 Newport Boulevard are located approximately
60 feet from the restaurant and 2806 Newport Boulevard, which is proposed to be
merged as a part of the Project. There is an existing sidewalk abutting Newport
Boulevard for pedestrian travel between the restaurant and the parking lots.
Finding:
N.On-street parking is not being counted towards meeting parking requirements;
Facts in Support of Finding:
1.Facts 6 and 7 of Finding I are hereby incorporated by reference.
2.There are existing on-street parking spaces along Newport Boulevard and 28th Street
that are not being counted towards the restaurant’s parking requirements.
Finding:
O.Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1.The parking lots are located within approximately 60 feet of the restaurant site. The
parking lots, along with the restaurant, are located on the east side of Newport Boulevard
and would not require patrons who park in the off-site parking lot to cross the street, as
there is a sidewalk which leads directly to the restaurant.
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2. There is a commercial building located at 2808 and 2810 Newport Boulevard, between
the restaurant and the off-site parking lots. The commercial building is primarily used as
an office space and storage area for the subject restaurant. Therefore, there are no
traffic hazards or impacts that are expected between the parking facility and the
commercial use.
3. Fact 3 of Finding K is hereby incorporated by reference.
Finding:
P. The parking facility will be permanently available, marked, and maintained for the use it
is intended to serve.
Fact in Support of Finding:
1. As conditioned, the off-site parking lot shall maintain a minimum of 12 parking spaces
at all times to serve the restaurant. Any reduction of parking will require the review and
possible revocation of the outdoor dining patio.
2. As conditioned, the property owner will be required to execute and record an off-site
parking agreement between the restaurant site at 2800 Newport Boulevard and the off-
site parking lots at 2812 and 2814 Newport Boulevard.
Finding:
Q. The parking facility shall be located within a five hundred (500) foot distance unless
alternative transportation provided to the use it is intended to serve.
Fact in Support of Finding:
Fact in support of Finding M is hereby incorporated as reference.
Finding:
R. The off-site, off-street parking shall not impact public parking available for coastal
access.
Facts in Support of Finding:
2. The off-site parking lots are located approximately 50 feet from the bay and 1,000 feet
from the beach. The parking lots, which are existing private parking lots, will not impact
public parking available for coastal access.
3. The off-site parking lots, which were previously used as a storage yard for boat parts,
were recently converted to private parking lots. This allows for patrons of the restaurant
to park on private property instead of using public street parking for visitors who are
accessing the coast.
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Finding:
S.Public parking facilities may only be used as an off-site parking facility as part of an
overall Parking Management Plan.
Fact in Support of Finding:
The Project does not include the use of public parking facilities.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
T.Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1.The Properties are located in the Coastal Zone and the Project requires a coastal
development permit in accordance with Section 21.52.035(C)(2) (Projects Exempt from
Coastal Development Permit Requirements) of the NBMC. The Project constitute an
increase of 10 percent or more of the internal floor area of an existing structure or a
lesser improvement that has previously been undertaken pursuant to California Public
Resources Code Section 30610(a). The expanded outdoor dining area and barrier within
the public walkway are minor detached structures. The location of these improvements
does not pose a conflict to coastal resources, coastal access, or other adverse
environmental effects.
2.The Properties are not located adjacent to a coastal view road or public access way. The
Project is located on a site with an existing restaurant, complies with all applicable Local
Coastal Program (LCP) development standards, and maintains an area consistent with the
existing pattern of development on the Balboa Peninsula. Additionally, the Project does
not contain any unique features that could degrade the visual quality of the Coastal Zone.
3.The Project is complementary to the area; the Properties and other restaurants on the
Balboa Peninsula have similar outdoor dining improvements.
4.The dining area barrier is not installed within any existing walkway. The barrier
delineates the area dedicated for outdoor dining use and alcohol service from the public
walkway. There are no existing City utilities within the expanded outdoor dining area.
5.Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
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coastal areas and provides an added amenity for visitors. The Project does not contain
ESHA, wetlands, or sandy beach area.
Finding:
U. 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.
Fact in Support of Finding:
1. The Properties are not located between the nearest public road and the sea or shoreline
of any body of water located within the coastal zone. The Properties are located
approximately 1,000 feet from a public beach and approximately 200 feet from the harbor
and are not located near a public viewpoint designated by the Coastal Land Use Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction and Conversion of Small Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
3. The Planning Commission of the City of Newport Beach hereby approves PA2021-260,
subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated
by reference.
4. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal Program
Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal
Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111
through 13120, and Section 30603 of the California Public Resources Code.
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Planning Commission Resolution No. PC2022-028
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5.This resolution supersedes Use Permit No. 1757 and Outdoor Dining Permit No. 8,
which upon vesting of the rights authorized by PA2021-219, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF NOVEMBER, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lauren Kleiman, Chair
BY:_________________________
Mark Rosene, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.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.The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3.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 Use
Permit.
4.The Conditional Use Permit, Lot Merger, and Coastal Development Permit, as referenced
under PA2021-219, 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 NBMC,
unless an extension is otherwise granted.
5.This Use Permit, Lot Merger, and Coastal Development Permit may be modified or
revoked by the Planning Commission should they determine that the Project 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
Properties are operated or maintained so as to constitute a public nuisance.
6.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
7.Prior to issuance of a building permit, the Lot Merger to merge 2800 and 2806 Newport
Boulevard shall be recorded.
8.The outdoor dining patio shall close by 10 p.m. on Sunday through Thursday, and 11
p.m. on Friday and Saturday. All patrons must vacate the patio by these designated
times.
9.Dancing shall not be permitted in the restaurant unless an amendment to this use permit
is approved.
10.All music and live entertainment shall be limited to a quartet (four performers).
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Planning Commission Resolution No. PC2022-028
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11. All live entertainment activity with amplification shall cease by midnight on Sunday
through Thursday, and by 1 a.m. on Friday, Saturday, Cinco de Mayo, and Mexican
Independence Day.
12. There shall be no live entertainment or dancing on the outdoor dining patio at any time.
All live entertainment shall be confined to the interior of the building and all windows and
doors of the restaurant shall remain closed during such activities.
13. The property owner shall execute and record an off-site parking agreement, reviewed
and approved as to form by the City Attorney’s Office, between the restaurant site at
2800 Newport Boulevard and the off-site parking lots at 2812 and 2814 Newport
Boulevard.
14. The restaurant shall maintain a minimum of 12 on-site parking spaces at all times. The
off-site parking lot located at 2812 and 2814 Newport Boulevard shall maintain a
minimum of 12 parking spaces at all times. Any reduction of parking shall result in the
review and possible revocation of the outdoor dining patio.
15. Prior to issuance of a building permit, a parking agreement shall be recorded,
guaranteeing the long-term availability of at least 12 spaces on 2812 and 2814 Newport
Boulevard. Said agreement shall be in a form approved by the City Attorney and the
Community Development Director.
16. 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.
17. The Properties shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
18. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
19. All noise generated by the Project shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the
NBMC. 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 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
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Planning Commission Resolution No. PC2022-028
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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
20. Should the Properties 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday
through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
22. No outside paging system shall be utilized in conjunction with the outdoor dining patio.
23. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
24. 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.
25. That the owner and/or operator of the restaurant shall provide trash pickup six days a
week.
26. 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.
27. 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 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
28. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
29. 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.
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30. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
31. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
32. 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 El Ranchito Outdoor Dining Patio Expansion (PA2021-219). 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.
Fire Department
33. Automatic fire sprinklers shall be required for all new construction.
Building Division
34. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
35. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
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• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
• Encourage car-pooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
36. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the Project, subject to the approval of the
Building Division and Code and Water Quality Enforcement Division. The WQMP shall
provide appropriate Best Management Practices (BMPs) to ensure that no violations of
water quality standards or waste discharge requirements occur.
37. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
38. Parking layout shall comply with City Standard 805 and a final parking layout shall be
approved by the City Traffic Engineer.
39. All unused driveway approaches or portions of unused driveway approaches shall be
plugged per City Standard 165.
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40. The shared driveway approach for 2812 and 2814 Newport Boulevard shall be
reconstructed to align with the new drive aisle per City standard.
41. No loss of on-street public parking spaces shall be permitted.
Police Department
42. Prior to receiving the Certificate of Occupancy for the outdoor dining patio expansion,
the restaurant owner and/or operator shall obtain an Operator’s License from the Police
Department pursuant to NBMC Section 5.25.
43. 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.
44. 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 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.
45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
46. The quarterly gross sales of alcoholic beverages shall not exceed 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.
47. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
48. There shall be no dancing allowed on the premises.
49. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
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50. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
51. Food service shall be made available to patrons until closing.
52. 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.
53. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
54. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
55. Strict adherence to maximum occupancy limits is required.
56. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
57. 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, and debris from
the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall
be removed within 48 hours of written notice from the City.
58. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
59. Strict adherence to maximum occupancy limit is required.
60. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. 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.
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Attachment No. PC 2
Police Department Memorandum
45
INTENTIONALLY BLANK PAGE46
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: David Lee, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 26, 2002
SUBJECT: El Ranchito Restaurant Patio Expansion
2800 Newport Blvd.
PA2021-219
At your request, the Police Department has reviewed the project application for El Ranchito
Restaurant located at 2800 Newport Blvd., Newport Beach. The applicant has requested a
conditional use permit for an expansion to their current out door dining. An Operator License will be
required with the new use permit.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s place of business at 2800 Newport Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20th Street to 37th 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 I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(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 647, 541% over the City-wide crime count average
of 101. Since this area has a 20% greater number of reported crimes than the average number
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PA2021-219
2
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 (8th Street to 20th Street)
is 43% above the City-wide average, RD 14 (Lido Isle) is 82% below the City-wide average and
RD 16 (37th Street to 54th Street) is 22% over the average. Of 38 reporting districts in Newport
Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is simple assault, which may be indicative of an
overconsumption of alcohol. The highest volume arrest in the area is Driving Under the Influence.
DUI, Public Intoxication, and liquor law violations make up 44% of arrests in this reporting district.
In comparison, the figure for neighboring RD 13 is 34%, RD 14 is 43% and RD 16 is 25%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics
The standard which ABC utilizes to identify an area over-saturated with alcohol licenses is
outlined in Business and Professions Code §23958.4. A reporting district is classified as having
“undue concentration” when there is a higher retail license to resident ratio than that of the
county.
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 76 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every
822 residents.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
There is no proposed change to the location’s ABC license. An Operator License and a security
plan will need to be submitted to the Police Department.
The Police Department has determined the following standard (or similar) conditions would be
appropriate for the business:
1. 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.
2. 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 certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
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El Ranchito
PA2021-219
3
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.
3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
4. The quarterly gross sales of alcoholic beverages shall not exceed 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.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
6. There shall be no dancing allowed on the premises.
7. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. Food service shall be made available to patrons until closing.
10. 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.
11. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
12. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
13. Strict adherence to maximum occupancy limits is required.
14. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
15. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
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4
16. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
17. Strict adherence to maximum occupancy limit is required.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. 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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
50
CITATIONSPART I CRIMES PART II CRIMESCRIME RATE HIGHEST VOLUMEALL ARRESTSDUI ALCOHOLPUBLIC INTOXICATIONLIQUOR LAWHIGHEST VOLUMEALCOHOL RELATED2800 Newport Blvd.3901N/A N/A 1000N/A0Subject RD:RD159,018 187 572 6,697.71SIMPLE ASSAULT582 132 123 2DUI156Adjacent RD:RD134,858 63 104 3,820.50BURG/THEFT FROM AUTO99 21 130DUI95Adjacent RD:RD141,112 12 11 507.19BURG/THEFT FROM AUTO7300DRUG-RELATED & DUI1Adjacent RD:RD163,315 49 101 1,744.39BURGLARY105 1790DRUG-RELATED61Newport Beach97,176 1,789 3,222 2,063.58BURG/THEFT FROM AUTO2,959 511 285 4DRUG-RELATED449Subject:PopulationON-SALE LicensesON-SALE License Per CapitaOFF-SALE LicensesOFF-SALE License Per CapitaTOTAL RETAIL LICENSESTOTAL RETAIL LICENSES PER CAPITASubject:CRIME COUNTDIFF FROM AVG%DIFF FROM AVG2800 Newport Blvd.N/A0N/A0N/A0N/A2800 Newport Blvd.0N/AN/ASubject Census Tract: 6354,938 65 766 823 71 70Subject RD:RD15647 +546 +541%Adjacent Census Tract: 6283,806 29 131 5 761 34 112Adjacent RD:RD13144 +43 +43%Adjacent Census Tract: 6291,716 29 595 343 34 50Adjacent RD:RD1418 -83 -82%Adjacent Census Tract: 636.036,450 6 1,075 5 1,290 11 586Adjacent RD:RD16123 +22 +22%Newport Beach86,694 279 311 66 1,314 345 251Newport Beach3,852Orange County3,186,989 3,876 822 1,842 1,730 5,718 557RD Average = 101ABC CRIME COUNTREPORTED CRIMESSummary for El Ranchito at 2800 Newport Blvd. (RD15)Subject:DISPATCH EVENTSACTIVE RETAIL ABC LICENSESARRESTSThis report reflects City of Newport Beach data for 2021. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. Crime Rate refers to the number of Part I Crimes per 100,000 people. All Population figures taken from the 2020 US Census. Per BP 23958.4, the "ABC Crime Count" is the sum of Part I Crime plus Part II Arrests.CHIEF JON T. LEWISNewport Beach Police Department2021 Crimeand Alcohol-Related Statisticsas of 6/29/202251
INTENTIONALLY BLANK PAGE52
Attachment No. PC 3
Applicant’s Project Description
53
INTENTIONALLY BLANK PAGE54
robinson hill architecture, inc.
A California Corporation
3195 B Airport Loop Drive
Costa Mesa, CA 92626
www.rhainc.net
Telephone: 714. 825. 8888 • Facsimile: 714. 825. 8889
Project Description and Justification
El Ranchito Restaurant Project Information
Occupancy type; A-2,
Construction Type: V-B
Non-Sprinklered
Lot Area: 7,739
Building Size; 3,638
Existing Restaurant Public Area (Interior Net Public Area); 1,418 sf
Existing Outdoor Dining Area (Net Public Area) : 393 sf
Proposed Patio: (950 sf net public area, 224 service area)
Existing number of seats for restaurant and patio; approx.171
Proposed number of seats for new patio dining; approx. 68
Existing number of Employees
AM employee’s weekdays 8
AM employee’s weekends 17
PM employee’s weekdays 17
PM employee’s weekends 27
Restaurant Hours of operations Patio Hours of operations
Monday 10-12 Monday 10-10
Tuesday 10-12 Tuesday 10-10
Wednesday 10-12 Wednesday 10-10
Thursday 11-12 Thursday 11-10
Friday 10-2 Friday 10-11
Saturday 9-2 Saturday 9-11
Sunday 9-12 Sunday 9-10
The El Ranchito Restaurant is proposing to expand a new outdoor patio dining area in addition of
the existing enclosed patio. This will address COVID related hardships as well be a great addition to the
community and recurring customers. The new patio will be at approximately 950 sf in public area, and 224 sf in service area.
The patio’s West, North perimeter low walls will match the existing restaurants finish plaster and wall caps.
The East elevation perimeter low wall will be built out of proclaimed wood planks. In addition, we are
55
robinson hill architecture, inc.
A California Corporation
3195 B Airport Loop Drive
Costa Mesa, CA 92626
www.rhainc.net
Telephone: 714. 825. 8888 • Facsimile: 714. 825. 8889
securing the property by adding a fixed custom iron fence right above the low walls at the North and East elevation. The West elevation will match the existing enclosed patios glass windscreen.
As a result of the increased occupancy, we will increase parking and plumbing fixture counts. On the
interior improvements for the Men’s restroom will add new ADA single use restroom with a sink. For the
Women’s restroom will add an individual stall with a single water closet.
For parking the UP1757 (Amendment 1) entitles 23 nonconforming parking space credits, and 9 waived
stalls. Planning Director approval November 6, 1998 (page 32 of UP1757 Amendment 2 files) allows
provision of 5 on-site parking spaces. The current restaurant net public area is of 1,418 sf + the 355 sf patio only requires 5 on-site parking space. The remaining parking spaces will be used for the patio expansion.
NPA is at a rate of 1 space per 50sf.
El Ranchito is a very successful establishment located in the heart of Newport Beach, on the Balboa
Peninsula. Having the beach couple of blocks away, this location is very popular with walk ins and ongoing
beach bikers. For this reason, ownership has provided bike racks that accommodate 20 bikes in total. The
outdoor patio dining expansion experience is for a normal sit down breakfast / lunch/ dinner with anticipated
normal sit down time frame. That is why we are proposing to decrease the NPA rate of 1 space per 50sf.
After the 2017 T.I renovation we discovered during a site investigation that the existing patio net public was
built to a 393 sf, instead of the allowed 355 sf. Totaling to a 38 sf as-built overage. New public area
(outdoor newt public area) patio dining 912 sf + 38 sf (as-built patio overage) total net public area = 950sf.
Existing restaurant and patio parking required 5, existing parking provided 15. The new patio expansion
required 19 (950 Sf/50), and existing restaurant 5. New total parking provided 24. The additional parking is
provided by a parking parcel owned by the restaurant owner in near vicinity to the restaurant.
Additional exterior improvements; relocated utility room, trash enclosure, and janitor/storage area.
(Please refer to previously approved Tenant Improvement PC#2214-2017 for reference only)
If you have additional questions, please contact us.
Thank you
Sincerely,
Maria Hallimore
56
Attachment No. PC 4
Project Plans
57
INTENTIONALLY BLANK PAGE58
T0.1PROJECTINFORMATION & INDEXDRAWING DIRECTORYVICINITY MAP PROJECT INFORMATION
GOVERNING CODES
CAL. BUILDING CODECAL. MECHANICAL CODECAL. PLUMBING CODECAL. ELECTRIC CODECAL. FIRE CODECAL. GREEN BUILDING CODECAL. ENERGY CODETITLE 24 ENERGY STANDARDS
NOTE: PLANS AND CALC'S SHALL COMPLY W/ ALL OF THEREQ. OF THE CBC 2019 EDITION.
2019 EDITION2019 EDITION2019 EDITION2019 EDITION2019 EDITION2019 EDITION2019 EDITION2019
PROJECT TEAM
PROJECT ADDRESS BUILDING OWNER
2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663
AVILA'S EL RANCHITO
2800 NEWPORT BLVD
NEWPORT BEACH, CA 92663
T0.1 TITLE SHEET - PROJECT INFO/ EXIST. SITE PLAN
ARCHITECTURAL DRAWINGS
SHEET TITLEDWG.NUMBER REV #DATE OFISSUE REVISIONDATE
2800 NEWPORT BLVD
SCOPE OF WORK
RESTAURANT INTERIOR WORK WILL CONSIST OF A NEWSINGLE USE MEN'S RESTROOM, ONE NEW WOMEN'S STALL.EXTERIOR PROPOSED WORK WILL CONSIST OF A NEW PATIODINING AREA. PATIO WILL BE ENCLOSED AT THE PERIMETERWITH A LOW WALL. NEW TRASH ENCLOSURE, AND JANITORAREA. FINISHES WILL MATCH EXISTING BLDG. PARKING WILL BERE STRIPED IN SOME AREAS.
PROPOSED USE: RESTAURANTOCCUPANCY TYPE: A-2CONSTRUCTION TYPE: V-BSPRINKLERED: NON- SPRINKLEDSTORIES: 1 STORYLOT AREA: 7,739 SFBUILDING SIZE: 3,638 SFPROPOSED PATIO: 950 SF PUBLIC AREA, 224 SF SERVICE AREA
OCCUPANCY TABULATIONS PARKING TABULATIONS
A California Corporation3195-B Airport Loop Dr. Costa Mesa,CA 92626
Michael David Robinson:John Steven Hill:C-20731C-23553
Owner
Consultant
Stamp
Submittal Dates
Project Info Address
Sheet Title
Job Number:
Date:
Sheet No:
Revision Dates
tel: 714-825-8888fax: 714-825-8889web: www.rhainc.net
19RHA941.C1
08.11.21 2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663EL RANCHITIO RESTAURANTAVILA'SCITY ENTITLEMENT SUBMITTAL 08/20/2021
ENTITLEMENT PACKAGECITY ENTITLEMENT RESUBMITTAL05/27/2022
CITY ENTITLEMENT RESUBMITTAL07/11/2022
ENTITLEMENT PACKAGE
T0.1A EXISTING SITE PHOTOS -
-
-
--
07.28.22 3
-
WEST ELEVATIONSOUTH ELEVATION
NORTH ELEVATION EAST ELEVATION
ROBINSON HILL ARCHITECTURE, INC.3195-B AIRPORT LOOP DRIVECOSTA MESA, CA 92626
PHONE: 714.825.8888CONTACT: JOHN HILL
ARCHITECT
AVILA'S EL RANCHITO2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663
PHONE: 949.413.1405CONTACT: SERGIO AVILA
ROOM NAME AREA RATIO LOAD
(E) SERVICE AREASBACK ENTRY 147 200 1OFFICE471001SERVICE2372002
(E) PATIO AREASENTRY 293 5 59PATIO 393 15 26(E) KITCHEN AREAKITCHEN 672 200 3STORAGE523001WALK IN REF.124 200 1STORAGE413001DRY STORAGE 111 200 1
(E) DININGDINING ROOM 1076 15 72BAR (L: 24.8')36 2 13(E) TOTAL 181
PATIO AREA NET SF RATIOPATIO 950 15 64SERVICE 224 200 1
TOTAL 246
DESIGNATION AREA RATIO OCC(E)A-2 1513 30 50(E)A-2 333 15 22(N)A-2 950 30 32(E)F1 237 2000 1(E)B 47 200 1TOTAL106WOMEN: 53 , MEN: 53
(E) RESTAURANT REQUIRED PROVIDEDMEN:WC 1 2 2URINAL 2 1 2LAV 1 1 2WOMEN:WC 2 3 3LAV 2 1 2
OCCUPANCY LOAD
EXISTING PARKING
REQUIRED: 5
PROVIDED:15 ON-SITE 7 OFF-SITE 8
PARKING CALCULATIONS
PROPOSED PARKING
PLUMBING CALCULATIONS
A0.0 OCCUPANCY & EGRESS PLAN
A1.0 EXISTING SITE PLAN
--A2.0 EXTERIOR ELEVATION PLANS
-A1.1 PROPOSED SITE, FLOOR PLAN & ROOF PLAN
-REQUIRED:24 (N) PATIO EXPANSION 19 (950 SF PATIO/50)(E) RESTAURANT 5
PROVIDED:24 ON-SITE 12 OFF-SITE 12
1
1
1
1
1 ENTITLEMENT SUBMITTAL 05.25.22
1
2 ENTITLEMENT SUBMITTAL 07.14.22
2
2
3
3
3 ENTITLEMENT SUBMITTAL 07.28.22
3
3
07.28.22 3
08.18.22 3
07.28.22 3
3
59
62° 56' 30"100.00'SW27° 03' 30"N W
27° 03' 30"25.00'N W
77° 05' 57"103.13'SW27° 03' 30"N W
27° 03' 30"64.94'S E
891062° 56' 30"100.00'SW11345672NO PARKINGNO PARKING1213'-8"3'-8"3'-8"2'-5 3/4"3'-8"3'-8"3'-8"
3'-8"
3'-8"3'-8"4'-10 1
/4"3'-8 1/4"3'-6 1/2"
82'-2 1/2"
X 12= 41'- 1 1/4"
MIN. DI
S
T
A
NC
E
B
E
T
W
E
E
N
EGRES
S
D
O
O
R
S
A0.0OCCUPANCY / EGRESS,PLAN01
KEYNOTES
NOR
T
H
LEGEND
ACCESSIBLE PATH OF TRAVEL FROM ACCESSIBLE PARKING TO THEBUILDING ENTRANCE; RUNNING SLOPE OF WALKING SURFACESHALL NOT BE STEEPER THAN 1:20. THE CROSS SLOPE OF WALKINGSURFACES SHALL NOT STEEPER THAN 1:48 PER 11B-403.3
(E)STORAGE
(E)WALK-INFREEZER
(E)KITCHEN
(E)DRY STORAGE (E)OFFICE (E)STORAGE
(E)MEN
(E)WOMEN'S
(E)
VESTIBULE
(E)
BACK ENTRY
(E)DINING RM
(E)SERVICE(E)BAR
(E)
SERVICE
(E)ENTRY
(E)PATIO
(N)UTILITY
(N)
TRASH
(N)
JANITOR/STORAGE
(N)MEN'S
(N)
WOMEN'SSTALL
(N)PATIO
(N) EXTERIOR SERVICE AREA
ACCESS PATH
(N) EXTERIOR PUBLIC AREA
(E) INTERIOR SERVICE AREA
(E) INTERIOR PUBLIC AREA
(N)PATIO
(E) EXTERIOR FULLY PROTECTED OPEN AIR ENTRY
(E) EXTERIOR PUBLIC AREA
FIREPLACE
ROOM / AREA NAME OCCUPANCY LOADFACTOR OCC.LOAD EXITSREQ'D
EXITWIDTHREQ'D
EXITWIDTHPROVDED
OCCUPANCY LOAD ANALYSIS
(E) OFFICE106
102
111
ROOMNO.
A-2 200(E) BACK ENTRY101
B
A-2
S-1
1 2 0.2"
1 1
1 2
1 2 0.2"
34"
SERVICE AREAS
(E) SERVICE
(E) SERVICE
100
200
200
PATIO AREAS
0.2"
0.2"
A-2 5(E) ENTRY113 59 1 11.8"136"
NET S.F.L.IN.
147
47
137
100
293
A-2 15(E) PATIO112 26 1 5.2"136"393
A-2 15(N)PATIO120 64 2 12.8"102"950
A-2 200(N) PATIO SERVICEAREA 1 1 102"224
(N)
PATIOSERVICE AREA
(N)PATIOSERVICE AREA
(N)PATIOSERVICE AREA
0.2"
KITCHEN AREA
A-2 200(E) KITCHEN105 3 1 0.6"34"672
S-2 300(E) STORAGE107 1 152
A-2 200(E) WALK-IN REF.108 1 1124
S-2 300(E) STORAGE109 1 141
A-2 200(E) DRY STORAGE119 1 1111
0.2"
0.2"
0.2"
0.2"
EXTERIOR SERVICEAREA
--(N) UTILITY RM115 ----100
-116 (N) TRASH -----55
INTERIOR DINING
A-2 15(E) DINING104 72 2 14.4"136"1,076
A-2 2(E) BAR103 13 1 2.6"136"L: 24.8
PER TABLE 1006.2.1, COMMON PATH OF EXIT TRAVEL DISTANCE: MAX. 75 FT (NONSPRINKLERED)
PER TABLE 1017.2, MAX. EXIT ACCESS TRAVEL DISTANCE: 200 FT (NONSPRINKLERED)
EXIT / EGRESS REQUIREMENTS
A California Corporation3195-B Airport Loop Dr. Costa Mesa,CA 92626
Michael David Robinson:John Steven Hill:C-20731C-23553
Owner
Consultant
Stamp
Submittal Dates
Project Info Address
Sheet Title
Job Number:
Date:
Sheet No:
Revision Dates
tel: 714-825-8888fax: 714-825-8889web: www.rhainc.net
19RHA941.C1
08.11.21 2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663EL RANCHITIO RESTAURANTAVILA'SCITY ENTITLEMENT SUBMITTAL 08/20/2021
ENTITLEMENT PACKAGECITY ENTITLEMENT RESUBMITTAL05/27/2022
CITY ENTITLEMENT RESUBMITTAL07/11/2022
6'-11516"
(E) EGRESS PATH OF TRAVEL
34"
34"
34"
34"
136"
136"
136"
-117 (N) JANITOR -----60
DESIGNATION PLUMBINGLOADFACTOR
PLUMBINGOCCUPANCYLOAD
PLUMBING FIXTURE CALCULATIONS
30(E) A-2 50
NET S.FFOOTAGE(NSF) AREA
1513
PLUMBING FIXTURE CALCULATIONS
MEN WOMEN REQUIRED MEN REQUIRED WOMEN
WC
LAVATORIES
URINALS
21
21
-2
3
1
-
2
1
1
(E) RESTAURANT (E) RESTAURANT
(N) OCCUPANT LOAD SIGN OVER DOOR WITH MINIMUM 1 INCH LETTERS AND NUMBERSCONTRASTING WITH THEIR BACKGROUND, SHALL BE POSTED IN A CONSPICOUS LOCATION
02 (E) INTERNATIONAL SYMBOL OF ACCESSIBILITY SIGN AT BUILDING ENTRANCE. MOUNTED@ +48" MIN. & 72" MAX, PER CBC 11B-216.6 AND 21/HC-2
03 (N) TACTILE EXIT SIGN. TO COMPLY PER 03/HC-1, 04/HC-1, CBC 1013.4.
04 (N) COMBO EMERGENCY/ LED EXIT SIGN WITH POWER BACK UP SUPPLY. SHALL BEINSTALLED AND COMPLY PER CBC 1013.3 &1013.6.3
05 (E) COMBO EMERGENCY/ LED EXIT SIGN WITH POWER BACK UP SUPPLY TO REMAIN
06 (E) TACTILE EXIT SIGN TO REMAIN. COMPLIES PER 03/HC-1, 04/HC-1, CBC 1013.4.
07 (E) SIGN ABOVE THE DOOR THAT READS "THIS DOOR TO REMAIN UNLOCKED DURINGBUSINESS HOURS" TO REMAIN
08 (E) OCCUPANT LOAD SIGN OVER DOOR WITH MINIMUM 1 INCH LETTERS AND NUMBERSCONTRASTING WITH THEIR BACKGROUND TO REMAIN
09 HOST STATION
10 (N) DETECTABLE WARNING STRIPS
PROVIDED MEN PROVIDED WOMEN
3
2
-
2
2
2
TOTAL NUMBER OF OCCUPANTS BASED ON PLUMBING CODE 106/2=53
MEN
WOMEN
53
53
15(E) A-2 22333
2000(E) F1 1237
200(E) B 147
30(N) A-2 32950
OCCUPANCY / EGRESS PLAN SCALE: 1/4" =1'-0"01
PUBLIC AREA TABULATIONS
1. EXISTING RESTAURANT PUBLIC AREA: (INTERIOR NET PUBLIC AREA)
ENTRY 293 SF
DINING + 1,125 SF
TOTAL 1,418 SF
2. EXISTING OUTDOOR DINING AREA: (NET PUBLIC AREA)
PATIO (AS-BUILT)393 SF
PATIO (ALLOWED)- 355 SF
TOTAL 38 SF AS-BUILT OVERAGE
3. NEW PUBLIC AREA: (OUTDOOR NET PUBLIC AREA)
PATIO DINING 912 SF
AS-BUILT PATIO + 38 SF
TOTAL NET 950 SF
(E) EXTERIORFULLYPROTECTEDOPEN AIRENTRY293 S.F.
(N) EXTERIORSERVICE AREA224 S.F.ACCESS PATH (N) EXTERIORPUBLIC AREA950 S.F.
(E) EXTERIORPUBLIC AREA393 S.F.
(E) INTERIOR
SERVICE AREA1,348 S.F.
(E) INTERIORPUBLIC AREA1,418 S.F.
11
111
1
1
1
1
1 ENTITLEMENT SUBMITTAL 05.25.22
2
2
2 ENTITLEMENT SUBMITTAL 07.14.22
3
3
3
3
3 ENTITLEMENT SUBMITTAL 07.28.22
3
60
(E) 8'-7 1/2"(E) 17'-0"(E) 28'-0"(E) 17'-0"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"
(E) 8
'-6"(E) 8'-6"(E) 9'-0"2 1/2"2 5/8"62° 56' 30"100.00'SW27° 03' 30"25.00'N W
27° 03' 30"25.00'N W
77° 05' 57"103.13'SW27° 03' 30"90.17'N W
27° 03' 30"64.94'S E
NO PARKINGNO PARKINGNO PARKING
27° 03' 30"25.00'N W 27° 03' 30"25.00'N 27° 03' 30"25.00'W 27° 03' 30"25.00'W
27° 03' 30"25.00'27° 03' 30"25.00'27° 03' 30"25.00'27° 03' 30"25.00'W(N)8'-0"(N) 22'-0"
A1.0EXISTING SITE PLAN01
02
03
(E) PARKING STALL TO REMAIN. RE PAINT AS NEEDED
04
(E) ACCESSIBLE PARKING STALL TOBE RELOCATED. SEE 1/-.
05
06
07
08
KEYNOTES
EXISTING OVERALL SITE PLAN SCALE: 1/8" =1'-0"01
LEGEND
(E) WALL TO REMAIN
DEMOLISHED
09
9101112131415110
11
12
13
14
15
NEWPORT BLVD.
NOT IN SCOPE28TH ST(E)KITCHEN
(E)MEN'SRR
(E)WOMEN'SRR
(E)WALK-INFREEZER
(E)STORAGE (E)DRY STORAGE (E)OFFICE (E)STORAGE
(E)SERVICEENTRY
(E)DINING ROOM
(E)SERVICE(E)BAR
(E)SERVICE
(E)ENTRY
(E) PARKING STALL TO BE REMOVED
(E) TRUNCATED DOMES TO BE REMOVED
(E) STRIPPING TO BE REMOVED
16151413121110912345678(E) IRON FENCE TO REMAIN
(E) PUBLIC PARKING STALL TO REMAIN
(E) DRIVEWAY TO BE CLOSED OFF PER CITY STANDARDS
(E) PUBLIC SIDEWALK TO REMAIN
(E)PATIO
(E) DRIVEWAY TO BE RECONSTRUCTED TO ALIGN WITH NEW DRIVE AISLE PER CITYSTANDARDS STD-160.
(E) UTILITY RM TO BE RESIZED PER NEW LAYOUT
(E) TRASH ENCLOSURE TO BE REMOVED AND RELOCATED. REFER TO A1.1.
DEMO WALL FOR FUTURE PASS THRU WINDOW
16 DEMO WALL FOR FUTURE NEW DOOR
17
18
19
(E)TRASH
(E)UTILITYRM
DEMOLISH EXISTING LOW WALL AND WINDSCREEN
DEMOLISH EXISTING DOOR
(E) PLANTER TO REMAIN
(E) UNAUTHORIZED VEHICLES SIGN TO REMAIN
A California Corporation3195-B Airport Loop Dr. Costa Mesa,CA 92626
Michael David Robinson:John Steven Hill:C-20731C-23553
Owner
Consultant
Stamp
Submittal Dates
Project Info Address
Sheet Title
Job Number:
Date:
Sheet No:
Revision Dates
tel: 714-825-8888fax: 714-825-8889web: www.rhainc.net
19RHA941.C1
08.11.21 2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663EL RANCHITIO RESTAURANTAVILA'SCITY ENTITLEMENT SUBMITTAL 08/20/2021
ENTITLEMENT PACKAGECITY ENTITLEMENT RESUBMITTAL05/27/2022
CITY ENTITLEMENT RESUBMITTAL07/11/2022
ALLEY
(N) CONCRETE TO REMAIN
23456781 ENTITLEMENT SUBMITTAL 05.25.22PARKING CALCULATIONS
PARKING TABULATION1
2 2 ENTITLEMENT SUBMITTAL 07.14.22
PL
PLPL
PLPL
2
EXISTING PARKING
REQUIRED: 5
PROVIDED:15 ON-SITE 7 OFF-SITE 8
PROPOSED PARKING - SEE A1.1
REQUIRED:24 (N) PATIO EXPANSION 19 (950 SF PATIO/50)(E) RESTAURANT 5
PROVIDED:24 ON-SITE 12 OFF-SITE 12
3 ENTITLEMENT SUBMITTAL 07.28.22
3
3
4 ENTITLEMENT SUBMITTAL 09.06.22
20 (E) PUBLIC PARKING TO BE RELOCATED TO ACCOMMODATE THE FUTURE RECONFIGUREDDRIVE AISLE ENTRY FOR PARKING LOT
4 21 (N) PUBLIC PARKING. TO MEET CITY OF NEWPORT BEACH PARKING STANDARDS
4
30 MIN. LIMIT PARKING
61
62° 56' 30
"100.00'SW27° 03' 30"25 00'
N W
27° 03' 30"25.00'N W
77° 05' 57"103.13'SW27° 03' 30"90 17'
N W
27° 03' 30"64.94'S E
27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W891027° 03' 30"25.00'W 27° 03' 30"25.00'W 27° 03' 30"25.00'W 27° 03' 30"25.00'W
62° 56' 30
"100.00'SW62° 56' 30
"100.00'SW62° 56' 30
"100.00'SW100.00'62° 56
' 30"100.00
'SW11345672NO PARKING16NO PARKINGNO PARKING 15141317181920212223125'-0"6'-4"14'-7"39'-8"
16'-8"5'-10"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"(E) 8'-6"31'-0"5'-10"(N) 8'-6"(N) 8
'-0"(N) 9
'-0"(E) 8
'-6"(E) 8'-6"(E) 8'-6"(E) 9'-0"18'-0"8'-5
1/2"17'-4 7/8"9'-7"
4'-9"
9'-7 1/2"
3'-0"
1'-0"18'-0"19'-3 7/8"
8'-7 1/2"2'-0"(E) 17'-0"
10'-7 1/2"6'-6
1/4"8'-7"
7'-10"
6'-0"8'-0"(N) 22'-0"(N) 22'-0"(N) 22'-0"(N) 22'-0"
(N) 8'-0" TYP.(N) 18'-0"(N) 19'-0" TYP.7'-0"(N
)
8
'
-
6
"
(N
)
8
'
-
6
"
(N
)
8
'
-
6
"
(N
)
8
'
-
6
"
(N)
8
'
-
6
"
(N
)
8
'
-
6
"
(N
)
8
'
-
6
"
(N
)
8
'
-
6
"(N) 17'-0"(N) 17'-0"(N) 17'-0"(N) 17'-0"(N) 17'-0"(N) 17'-0
"(N) 17'-0"(N) 17'-0"
1'-0"
2'-6"
TYP.2413'-8"
3'-8
"3'-8"2'-5
3
/4
"
3'-8"
3'-8
"3'-8"3'-8"
3'-8"3'-8"4'-10
1/8
"3'-8 1/8"
3'-6 1/2"
60°5'-0"SET BACK9'-2"62° 56' 30"100.00'SW27° 03' 30"25 00'
N W
27° 03' 30"25.00'N W
77° 05' 57"103.13'SW27° 03' 30"90 17'
N W
27° 03' 30"64.94'S E
27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W 27° 03' 30"25 00'
N W891027° 03' 30"25.00'W 27° 03' 30"25.00'W 27° 03' 30"25.00'W 27° 03' 30"25.00'W
62° 56' 30"100.00'SW62° 56' 30"100.00'SW62° 56' 30"100.00'SW100.0062° 56' 30
"100.00'SW11345672NO PARKING16NO PARK
ING
NO PARKING 151413171819202122231224115'-3 1/2"
A1.1PROPOSED SITE PLAN,FLOOR PLAN & ROOFPLAN01
02
03
04
(E) ROOF TO BE RETROFITTED TO NEW LAYOUT
05
06
07
08
SCALE: 1/8" =1'-0"02 KEYNOTESPROPOSED ROOF PLAN
SCALE: 1/8" =1'-0"01PROPOSED SITE & FLOOR PLAN PARKING TABULATION
NOR
T
H
LEGEND
(E) WALL TO REMAIN
09
10
11
12
13
14
15
07
07
0728TH ST(N) 26'
07
07
07
07
07
07
FIREPLACE
(E) 17' TYP.
07
07
07
NEWPORT BLVD.
(E)KITCHEN
(E)MEN'SRR
(E)WOMEN'SRR
(E)WALK-INFREEZER
(E)STORAGE (E)DRY STORAGE (E)OFFICE (E)STORAGE
(E)SERVICEENTRY
(E)DINING ROOM (E)SERVICE(E)BAR
(E)SERVICE
(E)ENTRY
NOT IN SCOPE
(N)TRASHENCLOSURE
(N)JANITOR/STORAGE
(N)MEN'S
(N)WOMEN'SSTALL
(N) STANDARD PARKING STALL
07
(N) ACCESS AISLE STRIPPING
08
(N) HANDICAP STALL
09
10
10
10
10
(E)PATIO
(N)PATIO
01
01
01
01
01
01
(E) PARKING STALL TO REMAIN. REPAINT STRIPES
08
(N) DIRECTIONAL ARROW
(N)UTILITY RM
(E) FABRIC RETRACTABLE CANOPY TO REMAIN
(E) EXTERIOR WALL MOUNTED PARKING LIGHT
(N) TRASH ENCLOSURE
14
(N) RELOCATED ROOF ACCESS LATTER
16 (N) LIVE TREE
17 (N) PLANTER LOW WALL
18 (N) WINDSCREEN ON TOP OF LOW WALL. SEE ELEVATIONS FOR MORE INFO.
19 (N) CUSTOM FIRE PLACE
20 (N) BOOTH SEATING, BY OWNER
21 (N) LOOSE SEATING, BY OWNER
22 (N) HOST STATION
23 (N) BREEZE BLOCKS, INSET IN STUCCO WALL. SEE ELEVATION FOR MORE INFO.
24 (N) TRUNCATED DOMES
25 (N) SERVICE DOOR
26 (N) DOUBLE DOOR
27 (N) METAL GATE DOOR
28 (N) JANITOR / STORAGE AREA
28
29 (N) STEEL SLIDING DOOR
30 (E) CONCRETE WALKWAY TO REMAIN
31
32 (N) PASS THROUGH WINDOW
33 (N) EXIT SIGNS
34 (N) UTILITY ROOM
35 (N) PLASTER WALL @ 6' HIGH. SEE ELEVATION FOR MORE INFO.
01
A2.0
03
A2.0
02
A2.0
(N) OUTDOOR STRING LIGHTING
A California Corporation3195-B Airport Loop Dr. Costa Mesa,CA 92626
Michael David Robinson:John Steven Hill:C-20731C-23553
Owner
Consultant
Stamp
Submittal Dates
Project Info Address
Sheet Title
Job Number:
Date:
Sheet No:
Revision Dates
tel: 714-825-8888fax: 714-825-8889web: www.rhainc.net
19RHA941.C1
08.11.21 2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663EL RANCHITIO RESTAURANTAVILA'SCITY ENTITLEMENT SUBMITTAL 08/20/2021
ENTITLEMENT PACKAGECITY ENTITLEMENT RESUBMITTAL05/27/2022
CITY ENTITLEMENT RESUBMITTAL07/11/202228TH STNEWPORT BLVD.
NOT IN SCOPE
(N) ELECTRICAL HEATERS
TYP.
(N) WOOD SHUTTERED PATIO CANOPY
(N) CLAY ROOF TILES TO MATCH EXISTING
(E) ROOF TO REMAIN
(N) IRON GATE, REFER TO ELEVATIONS
1 ENTITLEMENT SUBMITTAL 05.25.22
1
1
1PARKING CALCULATIONS
2
2PL
PLPL
PL PL
2 ENTITLEMENT SUBMITTAL 07.14.22
PL
EXISTING PARKING
REQUIRED: 5
PROVIDED:15 ON-SITE 7 OFF-SITE 8
PROPOSED PARKING
REQUIRED:24 (N) PATIO EXPANSION 19 (950 SF PATIO/50)(E) RESTAURANT 5
PROVIDED:24 ON-SITE 12 OFF-SITE 12
3 ENTITLEMENT SUBMITTAL 07.28.22
3
3
62
GRADE0"
(E) T.O. TOWER18' - 6"
(E) T.O. LOWER ROOF12' - 6"
(E) B.O.OVERHANG
9' - 7 1/2"
(E) B.O. PATIO BEAMS10' - 0"2'-10"3'-2"6'-0"EXISTING TO REMAIN
GRADE0"
(E) T.O. TOWER18' - 6"
(E) T.O. LOWER ROOF12' - 6"
(E)B.O. OVERHANG9' - 7 1/2"
(E) B.O. PATIO BEAMS10' - 0"6'-0"2'-10"3'-2"7'-0"GRADE0"
(E) T.O. LOWER ROOF12' - 6"
(E) B.O. OVERHANG9' - 7 1/2"
(E) B.O. PATIO BEAMS10' - 0"6'-0"A2.0PROPOSED ELEVATIONSSCALE: 1/4" =1'-0"01WEST ELEVATION
SCALE: 1/4" =1'-0"02NORTH ELEVATION
SCALE: 1/4" =1'-0"03EAST ELEVATION
SYMBOL MATERIAL CONTACT FINISHCOLOR SIZE REMARKSMANUFACTURER / SPEC
ST STUCCO
MATERIAL AND FINISH SCHEDULE
CL
WD
IR
ROOF TILE
EXPOSED WOOD
IRON FENCE
MATTERED 11" W X 18" L X 3" H
OFF WHITE N/A
USE UNIVERSAL HIP/RIDGE/RAKE, TOP FIXTURE AND EAVE CLOSURE FROMSAME MNFR. COLOR AND FINISH.
BELGIUM LACE FINISHT.B.D.3-COAT EXTERIOR CEMENT STUCCO W/ ACRYLIC TEXTURE COAT SYSTEM.MATCH EXISTING BLDG.
BEHR PREMIUM COATING WWW.HOMEDEPOT.COM BROWN N/A
COLOR TO MATCH DOUBLE DOOR AND REST. BLDG ENTRY-SATIN PAINTCUSTOMT.B.D.-
MATTE
WWW.SANTAFETILE.COM
T.B.D.
TYPE
CLAY
EXTERIOR CEMENT
SEMI TRANSPARENTWEATHERPROOFING STAIN
STEEL
SANTA FE
PRODUCT
SPANISH "S" TILE
T.B.D.
ACRYLIC BASE
-
WEIGHT
6.7 LBS
T.B.D.
N/A
-
THICKNESS
-
7/8"
N/A
-
STCL
KEYNOTES
01
02
03
04
05
06
07
08
09
10
11
(E) EXISTING ROOF TO REMAIN
01
(N) CONCRETE WALL CAP, TO MATCH EXISTING PATIO
(N) METAL GATE DOOR
(N) FIXED METAL GATE
01
(N) WOOD CANOPY
13
(N) FIRE PLACE WALL
(N) UTILITY ROOM WALL. EXISTING ROOF TO REMAIN
(N) SERVICE DOOR, SEE FLOOR PLAN FOR MORE INFO.
(N) SLIDING DOOR
(N) JANITOR / STORAGE AREA, AND RESTROOM ROOF TO RECEIVE NEW ROOF. FINISH TOMATCH EXISTING RESTAURANT
(N) TRASH ENCLOSURE ROOF. FINISH TO MATCH EXISTING RESTAURANT
10
08
12
12 (N) WINDSCREEN. ALIGN HEIGHT TO EXISTING PATIO WINDSCREEN
CL ST
BRICK VENER CAMBRIA W 3
58" X 7 58" L X 2 14" DWIRE CUTPACIFIC CLAY PROVIDE CORNER PIECES FROM SAME MNFR.WWW.PACIFICCLAY.COMTHINK BRICK COASTAL SERIES 6.7 PER S.F.5/8"BV
BV ST
BL STWDST
0307
A California Corporation3195-B Airport Loop Dr. Costa Mesa,CA 92626
Michael David Robinson:John Steven Hill:C-20731C-23553
Owner
Consultant
Stamp
Submittal Dates
Project Info Address
Sheet Title
Job Number:
Date:
Sheet No:
Revision Dates
tel: 714-825-8888fax: 714-825-8889web: www.rhainc.net
19RHA941.C1
08.11.21 2800 NEWPORT BLVD.NEWPORT BEACH, CA 92663EL RANCHITIO RESTAURANTAVILA'SCITY ENTITLEMENT SUBMITTAL 08/20/2021
ENTITLEMENT PACKAGECITY ENTITLEMENT RESUBMITTAL05/27/2022
CITY ENTITLEMENT RESUBMITTAL07/11/2022
WDBVBL IR
BL BREEZE BLOCK -T.B.D NATURAL -CONCRETE --T.B.D.NATURALT.B.D.
-
BL
120304
ST
020502
GLZ WINDSCREEN -T.B.D -TEMP. GLASS --T.B.D.MATCHEXISTINGT.B.D.MATCHEXISTING
GLZ GLZ
12
GLZ BV
02
ST
12
GLZ
02 06 11 01
01
0501
ST BL
13 (N) DOUBLE DOORS
14 (E) DOOR TO REMAIN
14 09
BLBL
15
15 (E) EXTERIOR WALL TO REMAIN
16 (E) NATURAL WOOD PLAIN BEAM TO REMAIN
16
STBLBL
17 (E) FIXED WINDOWS TO REMAIN TO REMAIN
TYP.1715 0504
ST
04
IR
01
1
1
1
1
1 ENTITLEMENT RESUB. 06.10.22
63
INTENTIONALLY BLANK PAGE64
65
66
67
1
Rodriguez, Clarivel
To:Rodriguez, Clarivel
Subject: PA2021-219 - Additional Materials for Item #2
From: Russell Singer <russellsinger@gmail.com>
Sent: October 27, 2022 10:30 AM
To: Lee, David <dlee@newportbeachca.gov>
Subject: Re: PA2021‐219
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Thank you for the clarification. That's great news and I am in support. I
would like to encourage
that 2812 and 2814 remain as required parking for their expansion.
Sincerely,
Russell Singer
Port Properties, Inc.
Owner: 2819 ‐ 2821 Newport Blvd.
On Thu, Oct 27, 2022 at 7:39 AM Lee, David <dlee@newportbeachca.gov> wrote:
Hi Russell,
Thanks for your comments. They will be included in the Planning Commissioner’s packets for the meeting.
The off‐site parking lots (2812 and 2814) are owned by the restaurant. The retail lots (2808 and 2810) are not a part of
the project. Please see the image below.
Planning Commission - November 3, 2022 Item No. 2a - Additional Materials Received after Printing El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
2
As a part of the conditions of approval, the owner is required to execute and record an off‐site parking agreement.
They are required to maintain all on‐site and off‐site spaces proposed.
Please let me know if you have questions.
Thanks,
Planning Commission - November 3, 2022 Item No. 2a - Additional Materials Received after Printing El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
3
DAVID S. LEE
Community Development Department
Associate Planner
dlee@newportbeachca.gov
949-644-3225
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay C, Newport Beach, California 92660 | newportbeachca.gov
From: Russell Singer <russellsinger@gmail.com>
Sent: October 25, 2022 5:12 PM
To: Lee, David <dlee@newportbeachca.gov>
Subject: PA2021‐219
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi David,
I own two properties across the street from El Ranchito at 2819 and
2821 Newport Blvd.. I like the idea of El Ranchito expanding, but I'm
concerned about the parking situation. I was hoping that the fire station
site might remain as public parking or at least a few dedicated public
parking spots on the site, but what's done is done. I live in Laguna Beach
and I am familiar with purchasing parking in lieu of providing. I am also
familiar with leasing parking spaces from an unrelated 3rd party to
qualify for the expansion. It appears the additional 12 parking spaces in
this instance is from the building owner next door.
a) The increase in square footage for Avila's will be "forever"
b) The parking lease will often times be for 5 or 10 years, the
point being, the parking lease will expire, or the Landlord
will have a rent increase down the road for the parking, Avilas
Planning Commission - November 3, 2022 Item No. 2a - Additional Materials Received after Printing El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
4
will say it's too much and the City of Newport Beach won't
enforce them providing more parking from somewhere else?
I've seen it happen here it Laguna Beach and the City shrugs
it's shoulders at the situation
c) The 12 parking spaces they are using are for the building
next door which is for a retail use.....and that retail use could
change their hours to be open at night. What is the City of
Newport Beach doing to approve the Lease and it's related
terms between the parties.
Thank you for your consideration.
Sincerely,
Russell Singer, President
Port Properties, Inc.
‐‐
Russell Singer
303 Broadway St., Suite 204‐1
Laguna Beach, CA 92651
Cell: (949)280‐4336
E‐Mail: RussellSinger@gmail.com
DRE License #00546668
‐‐
Russell Singer
303 Broadway St., Suite 204‐1
Planning Commission - November 3, 2022 Item No. 2a - Additional Materials Received after Printing El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
5
Laguna Beach, CA 92651
Cell: (949)280‐4336
E‐Mail: RussellSinger@gmail.com
DRE License #00546668
Planning Commission - November 3, 2022 Item No. 2a - Additional Materials Received after Printing El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: David Lee, Associate Planner
Date: November 3, 2022
Re: Item No. 2- El Ranchito Outdoor Dining Patio Expansion
________________________________________________________________
Staff is requesting the inclusion of the following Condition of Approval, as it was
mistakenly omitted from the Draft Resolution:
The hours of operation for the interior of the restaurant shall be from 9 a.m. to
midnight, Sunday through Thursday, and 9 a.m. to 2 a.m., Friday and Saturday.
Planning Commission - November 3, 2022 Item No. 2b - Additional Materials Received from Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
El Ranchito Patio Expansion
2800, 2806, 2812, & 2814 Balboa Boulevard
Planning Commission Public Hearing
November 3, 2022
David Lee, Associate Planner
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
•Coastal Development Permit
•Located in Coastal Zone
•Patio Expansion (+950 sq. ft. of net public area)
•Conditional Use Permit
•Off-Site Parking Agreement
•Continuation of Type 47 ABC License, Live Entertainment, Late Hours
•Lot Merger
•Patio proposed over existing property line
•Additional on-site parking
Project Request
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Vicinity Map
Subject Property
Lot Merger
Off-Site Parking
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Proposed Project
4
2806 2808 2810 2812 2814 2800 Newport Blvd.
El Ranchito
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Operational Characteristics
5
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Findings
•Additional outdoor seating options for patrons
•No proposed changes to existing alcohol service and live entertainment
•Hours of operations conditioned
•No concerns from Code Enforcement and Police
Department
•Off-site parking located close to restaurant
•Lot merger does not result in excessive lot size
6
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Additional Condition of Approval
The hours of operation for the interior of the
restaurant shall be from 9 a.m. to midnight, Sunday through Thursday, and 9 a.m. to 2 a.m., Friday and Saturday.
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
Recommended Action
8
•Conduct a public hearing;
•Find project exempt from CEQA (Class 1 and Class 3)
•Approve El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
•Supersedes UP1757 and OD No. 8
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)
9
David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission Public Hearing
November 3, 2022
Planning Commission - November 3, 2022 Item No. 2c - Additional Materials Presented by Staff El Ranchito Outdoor Dining Patio Expansion (PA2021-219)