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HomeMy WebLinkAbout2.0_Kalaveras Restaurant_PA2022-0263 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 20, 2023 Agenda Item No. 2 SUBJECT: Kalaveras Restaurant (PA2022-0263) ▪ Conditional Use Permit ▪ Operator License SITE LOCATION: 900 Bristol Street North APPLICANT: Kalaveras NB Inc. OWNER: Elevation Equities, LLC PLANNER: Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov PROJECT SUMMARY On July 21, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-092 allowing an approximately 1,100 square-foot temporary outdoor dining patio with a concrete pad and temporary physical barriers for an existing food service, eating and drinking establishment (i.e., a “restaurant”). Limited Term Permit No. XP2021-013 was approved on November 10, 2021, to allow the continued temporary use of the outdoor dining patio for an additional year. The applicant now proposes to make up to 940 square feet of the temporary outdoor dining patio permanent. The applicant also requests to expand the licensed premises of the existing Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control (ABC) License to include the outdoor dining patio and to increase the hours of operation between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Use Permit No. UP2017-009. 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 3) Adopt Resolution No. PC2023-016 approving Planning Activity PA2022-0263 for a Conditional Use Permit to expand an existing eating and drinking establishment (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial (CG) Newport Place Planned Community (PC-11) Restaurant NORTH CG PC-11 Professional Business Offices SOUTH - / General Commercial Office (CO-G) - / Bayview Planned Community (PC-32) California State Route 73 / Professional Business Offices EAST CG PC-11 Commercial and Retail Services WEST CG PC-11 Commercial and Retail Services Subject Property Proposed Patio 3 INTENTIONALLY BLANK PAGE4 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 3 INTRODUCTION Project Setting and Background The project site is a one-acre parcel at the northwestern corner of Bristol Street North and Dove Street and is abutting the Plaza Newport Shopping Center. It is developed with a single commercial building occupied by an eating and drinking establishment (i.e., a “restaurant”) and a 63-space surface parking lot to serve the restaurant use. This area is within the Newport Place Planned Community (PC-11) Zoning District, which is intended for commercial and light industrial uses to support the surrounding business offices. More specifically, it is designated by the PC-11 Development Plan as General Commercial Site 2.Vehicular access is provided by a driveway shared with Plaza Newport from North Bristol Street, as well as a separate driveway from Dove Street. The property is buffered from professional business offices to the south by California State Route 73 and Bristol Street South. There are also professional business offices with the Lexus dealership to the northeast. To the southeast is the Back Bay Court retail shopping center. The building was constructed in the late 1970s and was occupied by a restaurant that was allowed to operate with a Type 41 (On-Sale Beer and Wine – Eating Place) Alcohol Beverage Control (ABC) license under Use Permit No. UP1789. This Use Permit authorized the use with several conditions of approval, including the two described below that are relevant to the proposed application: •A minimum of one parking space per 40 square feet of “net public area”1 provided on-site for the proposed restaurant facility. •No live entertainment or dancing shall be permitted in the restaurant facility until such time as the Use Permit is amended to permit said uses. Said amendment may require additional parking spaces. UP1789 permitted up to 2,169 square feet of net public area (NPA). The City issued a building permit for renovations to the restaurant facility on July 6, 2017, that included a total of 203 square feet of NPA described as “public area” and 1,867 square feet of NPA described as “dining area” for a total of 2,070 square feet of NPA. The total required parking spaces was 52 parking spaces, and 63 parking spaces were available on-site. On October 26, 2017, the Zoning Administrator approved Minor Use Permit No. UP2017- 009 to allow a change in ABC license from the Type 41 to a Type 47 (On-Sale General – Eating Place). There were no changes to UP1789’s conditions of approval. UP2017-009 1 Per the NBMC, net public area is the total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 5 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 4 authorized the Type 47 ABC License in conjunction with the restaurant facility with conditions of approval, including the two described below: • The allowed hours of operation shall be between 7 a.m. and 11 p.m., daily. • Net public area shall be limited to a maximum of 2,169 square feet. As part of the City’s response to the COVID-19 Pandemic with Emergency Order No. 2020-005, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-092 on July 21, 2020, to allow an approximately 1,100-square-foot temporary outdoor dining patio. A building permit was also issued for the temporary patio to be improved with a concrete pad and a 42-inch-high fence with gates for appropriate delineation of the outdoor space. The approval authorized the outdoor dining patio to temporarily operate while the emergency order was in effect. The outdoor dining patio was required to be removed within 14 days after termination of the City’s Emergency Order. After termination of the Emergency Order on June 22, 2021, the Zoning Administrator approved Limited Term Permit No. XP2021-013 on November 10, 2021, to allow the 1,100-square-foot outdoor dining area an extended duration of one year with an expiration of December 31, 2022. No deviations from the approved operational characteristics for the restaurant were proposed. The applicant was required to obtain and maintain authorization from the ABC for the sale and service of alcohol on the outdoor dining patio. Project Description The applicant now requests a conditional use permit to allow the following: • To reduce the 1,100-square-foot temporary outdoor dining patio to no more than 940 square feet and remove the temporary authorization thereby making the patio permanent; • To increase the maximum allowed net public area to 3,008 square feet (2,070 square feet of indoor net public area and 940 square feet of outdoor dining area); • To sell and serve alcohol in this expanded area with the Type 47 (On-Sale General – Eating Place) ABC License; and • To extend the allowed hours of operation to include late hours between 10 a.m. to 2 a.m., daily. The applicant is not proposing live entertainment and/or dancing. The applicant is also not proposing any form of enclosure other than the 42-inch-high perimeter railing around the patio. Pursuant to Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of the Newport Beach Municipal Code (NBMC), the operation requires the 6 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 5 owner/operator to obtain an Operator License issued by the Chief of Police because the proposed operational characteristics include hours past 11 p.m. in conjunction with alcohol service. As noted, the restaurant currently operates pursuant to UP1789 and UP2017-009. These approvals would be superseded if the subject Conditional Use Permit is approved and implemented. DISCUSSION General Plan The subject property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. The CG land use category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The restaurant is surrounded by existing commercial uses, retail services, and professional business offices. The restaurant serves the business offices in this area as well as visitors to the city and residents, which is consistent with the CG land use of the General Plan. The property is also within the Airport Area of the General Plan Land Use Element which encompasses properties abutting south and east of the John Wayne Airport (JWA). The proximity has influenced the area’s development and the CG area is intended to encourage the development of retail, financial services, dining, hotel, and other uses supporting JWA and the Airport Area’s office uses. The existing restaurant is consistent with the intended development. The proposed outdoor dining patio and increase in hours of operations is consistent with the General Plan’s intentions of revitalizing the Airport Area with income-generating land uses. It should be noted that the Airport Area is one of five focus areas planned for the City to meet its 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. There are sites in the vicinity of the project site that are designated as housing opportunities within Appendix B of the Housing Element. One of these includes an entitled residential development that is intended to be constructed at 1300 Bristol Street North, approximately 730 feet northwest of the restaurant. Zoning Code The property is designated as General Commercial Site 2 of the Newport Place Planned Community (PC-11) Zoning District. This planned community development is intended for commercial and light industrial uses due to its proximity to freeway access and the JWA. The PC-11 Development Plan includes a list of allowed commercial uses and lists restaurants, including outdoor, drive-in, or take-out restaurants shall be permitted subject to the securing of a use permit. The requirement does not explicitly distinguish between a minor use permit (MUP) or a conditional use permit (CUP). Due to the operational 7 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 6 characters of the restaurant, the NBMC requires a CUP for eating and drinking establishments with late hours (beyond 11 p.m.). Therefore, with the approval of the subject CUP assuming all findings can be justified, the use would be consistent with the PC-11 Zoning District and the provisions of the General Commercial Site 2. The project does not propose any expansion of the existing building and only proposes the retention of a portion of the current temporary outdoor dining area. The NBMC excludes outdoor dining areas associated with an eating and drinking establishment from the total gross floor area of nonresidential structures and, therefore, the retention of the outdoor dining area will not increase the gross floor area of the site from a planning and zoning standpoint. Conditional Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, the Planning Commission must also make the following findings for approval of a CUP: 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 the Zoning Code and 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, 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. The existing restaurant is consistent with the purpose and intent of the General Commercial (CG) General Plan Land Use which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Food services with alcohol are common in this area and are complimentary to the surrounding commercial and retail services. The restaurant will continue to provide a convenient commercial service for nearby businesses, residents, and visitors to the area. The use also supports the JWA and the Airport Area’s office uses which is consistent with the General Plan. 8 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 7 The operation of a restaurant is consistent with the purpose and intent of the General Commercial Site 2 area of the PC-11 Zoning District. Restaurants are a typical use found in this area and are complementery to the surrounding uses. The site also complies with parking requirements and no waivers of parking are proposed. Staff, including the Newport Beach Police Department (NBPD), supports the proposed hours of operations between 10 a.m. and 2 a.m., daily. However, to further ensure that the characteristics are compatible with the surrounding area as well as any future developments including residential use, staff is recommending that the hours of operation for the outdoor dining patio be limited to between 10 a.m. and midnight daily. This will help limit exterior noise impacts during late hours for the surrounding businesses and potential future residential developments, including the entitled project at 1300 Bristol Street North. The building has operated as a restaurant with alcohol services since it was first constructed and has continued to provide a restaurant service to the community. Staff believes that facts exist in support of each finding, which are detailed in the attached draft Resolution for approval (Attachment No. PC 1). Parking The PC-11 Development Plan requires that restaurant parking shall be in accordance with Section 20.40.040 (Off-Street Parking Space Required) of the NBMC. Food service uses with/without alcohol, with/without late hours require one parking space per 30-50 square-feet of net public area (NPA), including outdoor dining areas exceeding 25 percent of the interior NPA. The rate of parking within the range of one space for each 30 to 50 square feet of NPA is based upon consideration regarding physical design characteristics, operational characteristics, and location of the establishment. As determined in Use Permit No. UP1789, one parking space for each 40 square feet of NPA is found to be adequate for the proposed development, since no live entertainment or dancing is proposed. The operational characteristics of the restaurant will remain the same and the increase in hours of operations is not expected to require a more intense parking rate. 9 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 8 Table 1 – Parking Requirements Location/Description Net Public Area (SQ. FT) Parking Spaces Required Requirement for Parking Spaces Waiting/Customer Area 203 5 1 per 40 sq. ft. Dining Area 1867 47 1 per 40 sq. ft. Parked Outdoor Patio Area 422.5 2 11 1 per 40 sq. ft. Excluded Outdoor Patio Area 517.5 0 25% of Interior NPA Total 2,490.5 2 63 1 per 40 sq. ft. As shown in Table 1 above, the restaurant has an indoor NPA of 2,070 square feet, which requires 52 parking spaces. Outdoor dining areas exceeding 25 percent of the interior NPA must also be counted towards the required parking; therefore, 422.5 square feet of the 940-square-foot outdoor dining patio requires 11 parking spaces. The total parking requirement is 63 parking spaces, which is met by 63 existing on-site parking spaces to serve the restaurant. Alcohol Sales Findings The restaurant has an existing Type 47 (On-Sale General – Eating Place) Alcohol License and the applicant is proposing to expand the licensed premises to include the outdoor dining patio. When reviewing the application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.030 (Alcohol Sales) of the NBMC requires the Planning Commission to consider impacts to adjacent uses and proximity to existing alcohol sales, both for on-site and off-site consumption. The Planning Commission must find that: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code The purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the NBMC is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. The project has been reviewed and conditioned to ensure that the purpose and intent of this section is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service will be provided for the convenience of customers of the restaurant. The NBPD prepared a Crime and Alcohol Related Statistics Report using the latest available data (2021) and a memorandum for the project (Attachment No. PC 3). The data is incorporated into the factors for consideration in the draft Resolution (Attachment No. PC 1). The subject property is in Reporting District 34 (RD 34). Based on the statistics 2 The total square footage of the outdoor patio area will be no more than 940 square feet. For parking calculation purposes, only the total square footage of the outdoor patio area exceeding 25 percent of the interior NPA requires parking spaces. 10 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 9 provided by the NBPD, RD 34 had a total of 102 arrests in 2021 and zero of the arrests were associated with the subject property. Operational conditions of approval and a requirement to obtain an Operator License were recommended by the NBPD relative to the sale of alcoholic beverages in conjunction with late hours that will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. All conditions of approval recommended by the NBPD are incorporated into Exhibit “A” of the attached Resolution. Late-Hour Operations Pursuant to Section 20.48.090(G)(3)(a) (Eating and Drinking Establishments—Late-Hour Operations) of the NBMC, 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 permanently retain a portion of the temporary outdoor dining patio. However, the applicant is not proposing live entertainment or dancing. The site is not currently adjacent to residential areas and is surrounded by commercial, retail, and business office uses. It is also within proximity to the JWA and California State Route 73. Significant noise impacts from the interior dining area and the outdoor dining patio are not anticipated to create a nuisance or noise characteristics that are unsuitable for the area as recommended. No new lighting is proposed at this time and any outdoor lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC. The restaurants within the immediate proximity of the subject property typically operate without late hours and the closest restaurant with the latest closing hour is Nana San, closing at 10 p.m. A restaurant with alcohol services located within the PC-11 Zoning District at 4251 Macarthur Boulevard, Classic Q, operates until midnight. 11 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 10 This property is approximately 730-feet away from 1300 North Bristol Street where a future residential development is proposed. Additionally, the adjacent property to the north has been identified as a future housing opportunity for residential development. To ensure the operational characteristics are compatible with the area and future developments, a condition of approval is included to allow the indoor restaurant area to operate between the hours of 10 a.m. and 2 a.m., daily. However, the outdoor patio would not operate past midnight based on the draft conditions of approval. As the area does not currently have a saturation of services with late hours, any increase in pedestrian and vehicular traffic activity is not anticipated to create a nuisance for the area and requiring the outdoor dining patio to close earlier than the indoor area of the restaurant will allow the business to operate in compatibility to the development of the area, both current and future. A trash enclosure is provided on-site that is screened with walls and a latched gate. As conditioned, the 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. Should the Planning Commission approve all or any part of the Conditional Use Permit with consideration to alcohol services in conjunction with late hours, the applicant will be required to obtain an operator license from the NBPD. 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 NBPD with means to modify, suspend, or revoke the operator’s ability to maintain late-hour operations. Summary and Alternatives In conclusion, the proposed project is consistent with the City’s goals and objectives of the General Plan. The existing restaurant provides a service to the area, surrounding businesses, residents, and visitors to the City. Staff believes the findings for approval can be made to support the proposed changes to the operational characteristics of the restaurant and the facts in support of the required findings 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 suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project; or 2. If the Planning Commission does not believe the facts in support of findings can be made, the Planning Commission may deny the application request. 12 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 11 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 under Class 1 (Existing Facilities) and under Section 15303 under Class 3 (New Construction or 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. The Class 1 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 existing use. The proposed project involves making part of an existing temporary outdoor dining patio permanent for an existing restaurant. This is a negligible expansion of the existing use and therefore, the project qualifies for a categorical exemption under Class 1. The Class 3 exemption authorizes the construction and location of a limited number of new, small facilities or structures and authorizes minor alterations to existing structures involving negligible or no expansion of use. This exception includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The project proposes to retain an outdoor dining patio and includes relocation of the existing fences and gates and therefore, the project also qualifies for a categorical exemption under Class 3. The exceptions to the Class 3 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. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners 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 Newport Beach Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. 13 Kalaveras Restaurant (PA2022-0263) Planning Commission, April 20, 2023 Page 12 Prepared by: ____________________________ Jenny Tran Assistant Planner Submitted by: ____________________________ Jim Campbell Deputy Community Development Director BMZ/jt ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description PC 3 Police Department Memorandum PC 4 Project Plans 01/18/23 14 Attachment No. PC 1 Draft Resolution with Findings and Conditions 15 INTENTIONALLY BLANK PAGE16 RESOLUTION NO. PC2023-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE WITH LATE HOURS AND AN OUTDOOR DINING PATIO AT AN EXISTING RESTAURANT LOCATED AT 900 NORTH BRISTOL STREET (PA2022-0263) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jose I. Brito of Kalaveras NB, Inc. (“Applicant”), concerning property located at 900 North Bristol Street, and legally described as Parcel 1, as shown on a parcel map filed in Book 81, Page 43 of Parcel Maps, in the office of the County Recorder of said County in the City of Newport Beach, County of Orange, State of California (“Property”) requesting approval of a conditional use permit. 2. On July 21, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-092. UP2020-092 allowed an approximately 1,100 square-foot temporary outdoor dining patio to be improved with a concrete pad and temporary physical barriers for an existing food service, eating and drinking establishment (i.e., a “restaurant”). The temporary outdoor dining patio was conditioned to close at 9 p.m. and no additional parking was required. The temporary outdoor dining patio was conditioned to be removed at the termination of the City’s Emergency Order No. 2020-005. A subsequent Limited Term Permit No. XP2021-013 was approved on November 10, 2021, to allow the use of the outdoor dining patio for up to one year term. This project was conditioned with similar operational characteristics and, similar to UP2020-092, no additional parking was required. The temporary outdoor dining patio was conditioned to be removed at the termination of the limited term permit on December 31, 2022. 3. The Applicant now proposes to make up to 940 square feet of the temporary outdoor dining patio permanent. The Applicant also requests to expand the licensed premises of the existing Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control (“ABC”) License to include the outdoor dining patio and to increase the hours of operation between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Use Permit No. UP2017-009 (“Project”). 4. The Property is categorized General Commercial (CG) by the General Plan Land Use Element and is located within the General Commercial Site 2 of the Newport Place Planned Community (PC-11) Zoning District. 17 Planning Commission Resolution No. PC2023-016 Page 2 of 15 01-17-23 5. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 6. A public hearing was held by the Planning Commission on April 20, 2023, 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 (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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15301 under Class 1 (Existing Facilities) 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 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 existing use. The Project involves making permanent an outdoor dining patio for an existing eating and drinking establishment which is negligible expansion of the existing use and therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 18 Planning Commission Resolution No. PC2023-016 Page 3 of 15 01-17-23 1. The Property is in Reporting District 34 (“RD 34”). The Newport Beach Police Department (“NBPD”) is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to ABC. RD 34 is reported as a high crime area as compared to adjacent reporting districts in the City, RD 33, RD 35, and RD 36. The RD’s Crime Count is 159, which is 57 percent over the City-wide crime count average of 101. The highest volume of crime in this area is fraud and the highest volume of arrests in the area are drug-related offenses. 2. Since RD 34 has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. In comparison, neighboring RD 33 is 14 percent above the City-wide average, RD 35 is 56 percent below the average, and RD 36 is 16 percent over the average. Of the 38 RDs in Newport Beach, 12 are reported to ABC as high crime areas. 3. The NBPD has reviewed the Project and does not have any objection to the request to increase the hours of operations to 2 a.m. and to make the outdoor dining patio permanent where alcoholic beverages will be served subject to appropriate conditions of approval. This is a retail and commercial area and residences are not immediately adjacent. All NBPD recommended conditions of approval have been included in Exhibit “A” of this Resolution. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Reporting District Alcohol Related Arrests1 Total Arrests RD 34 16 102 RD 33 12 50 RD 35 6 19 RD 36 10 61 Newport Beach 800 2,959 1. In RD 34, DUI, public intoxication, and liquor law violations make up roughly 16 percent of arrests. In comparison, the figure for neighboring RD 33 is roughly 24 percent, RD 35 is roughly 32 percent, and RD 36 is roughly 16 percent. These statistics reflect the City of Newport Beach’s data for 2021, which is the latest available data. 2. RD 34 has a lower percentage of arrests than adjacent reporting districts and a similar percentage of arrests as RD 36. Of the 102 alcohol related arrests in RD 34, no alcohol related arrests were attributed to the Property. 1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests. 19 Planning Commission Resolution No. PC2023-016 Page 4 of 15 01-17-23 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, place of worship, schools, other similar uses, and any uses that attract minors. 1. The Property is developed with a restaurant located in a single tenant building that fronts North Bristol Street and Dove Street. It is within and surrounded by the Newport Place Planned Community that is intended for commercial and light industrial uses. The Property is not located in the immediate proximity of residential zoning districts, daycare centers, hospitals, park and recreation facilities, place of worship, schools, other similar uses, or any uses that attract minors. 2. The closest residential zoning district is approximately 750-feet away across Bristol Street and California State Route 73. The closest school, Tutor Time, is approximately 0.4 miles to the west along Bristol Street. The closest medical facility, Newport Urgent Care, is approximately 290-feet away to the west along Bristol Street. The closest mental health care services, Pathways to Potential, is approximately 0.3 miles north along Dove Street. 3. Restaurants with incidental alcohol services are common in the Newport Place Planned Community and the proposed ABC license with late hours and outdoor dining patio are not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The Project includes conditions of approval and the requirement of an operator license to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The Property is located within census tract 626.10. This census tract has an approximate population of 11,867 residents with 19 active on-sale alcohol licenses which is a per capita ratio of one on-sale license for every 625 residents. The per capita ratio of on- sale alcohol licenses for Orange County is one license for every 822 residents. This location meets the legal criteria for undue concentration pertaining to alcohol establishments. 2. The closest establishment selling alcoholic beverages for on-site consumption is Nana San, a full-service restaurant in the commercial center across Dove Street that is approximately 300-feet away. The closest establishment selling alcoholic beverages for off-site consumption is Bay Court Liquor, a convenience market located in the same commercial center across Dove Street, also approximately 300-feet away. 3. Although the per capita ratio of on-sale alcohol licenses to residents is higher than the average in the County and the Property is proximate to establishments selling alcoholic beverages for on-site and off-site consumption, the operational conditions of approval recommended by the NBPD and requirement to obtain an operator’s license will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 20 Planning Commission Resolution No. PC2023-016 Page 5 of 15 01-17-23 v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. Conditional Use Permit In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: B. 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 General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing restaurant is in a commercial area and is surrounded by retail commercial and professional office uses. Restaurant uses of this type with alcoholic beverages services are complementary to the surrounding commercial uses and are typically found in this and similar locations. The proposed change of hours, addition of the outdoor dining patio, and expanded premise for the ABC License all serve to enhance the existing restaurant as an amenity to the area that is consistent with the underlying land use. 2. The Property is also within the Airport Area of the General Plan Land Use Element which encompasses properties abutting and east of the John Wayne Airport (“JWA”). The proximity has influenced the area’s development and the CG area is intended to encourage the development of retail, financial services, dining, hotel, and other uses supporting JWA and the Airport Area’s office uses. The existing restaurant is consistent with the intended development and the outdoor dining patio and increase in hours of operations is consistent with the General Plan’s intentions of revitalizing the Airport Area with income-generating land uses. 3. The Property is not part of a specific plan. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is within General Commercial Site 2 of the Newport Place Planned Community (PC-11) Zoning District. A Food Service, Eating and Drinking Establishment use (i.e., a 21 Planning Commission Resolution No. PC2023-016 Page 6 of 15 01-17-23 “restaurant”) with late hours and alcohol services requires approval of a conditional use permit. 2. The restaurant has operated under Use Permit No. UP1789 and, subsequently, Use Permit No. UP2017-009. The PC-11 Development Plan requires parking to be required consistent with Section 20.40.040 (Off-Street Parking) of the NBMC. A Food Service use with or without alcohol and with or without late hours requires one parking space per every 30 to 50 square-feet of net public area, including outdoor dining areas exceeding 25 percent of the interior net public area. UP1789 calculated the parking based on the rate of one parking space for each 40 square-feet of net public area. Staff believes this parking rate continues to be adequate for the restaurant, since no live entertainment or dancing is proposed. 3. The net public area for the restaurant is 2,070 square-feet, which requires 52 parking spaces. The portion of outdoor net public area exceeding 25 percent of the indoor net public area is 422.5 square-feet, which requires 11 parking spaces for a total of 63 parking spaces. There are 63 existing onsite parking spaces to serve the restaurant. Location/Description Net Public Area (SQ. FT) Parking Spaces Required Requirement for Parking Spaces Public Area 203 5 1 per 40 sq. ft. Dining Area 1867 47 1 per 40 sq. ft. Outdoor Patio Area 422.5 2 11 1 per 40 sq. ft. Total 2,492.5 2 63 1 per 40 sq. ft. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The outdoor dining patio and increase in hours of operations to include late hours does not substantially change the operating characteristics of the previously approved restaurant. The outdoor dining patio would serve as an accessory to the existing restaurant and would complement the dining experience for patrons of the establishment with additional seating options. The Project is conditioned to not allow approval of the premise to operate as a bar, tavern, cocktail lounge, or nightclub, as defined by the NBMC and no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The restaurant will remain complementary to the other uses in the PC-11 Zoning District, which includes retail stores, medical offices, restaurants, services, and other commercial 2 The total square footage of the outdoor patio area is 940 square-feet. For parking calculation purposes, only the total square footage of the outdoor patio area exceeding 25 percent of the interior net public area is shown. 22 Planning Commission Resolution No. PC2023-016 Page 7 of 15 01-17-23 uses. The restaurant will continue to provide a convenient commercial service for nearby businesses, residents, and visitors to the area. 3. The NBPD’s 2021 Crime and Alcohol-Related Statistics indicates that no alcohol related arrests were made on the Property. The increase in the hours of operations to include late hours until 2 a.m. is not expected to cause a detriment to the other commercial and retail uses in the vicinity. The restaurant is not located near any residential communities. 4. Staff, including the Newport Beach Police Department (NBPD), supports the proposed hours of operations between 10 a.m. and 2 a.m., daily. However, to further ensure that the characteristics are compatible with the surrounding area as well as any future developments including residential use, staff is recommending that the hours of operation for the outdoor dining patio be limited to between 10 a.m. and midnight daily. This will help limit exterior noise impacts during late hours for the surrounding businesses and potential future residential developments, including the entitled project at 1300 Bristol Street North. Finding: E. 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 involves an existing restaurant with an existing outdoor dining patio that was previously permitted on a temporary basis as a result of the COVID-19 Pandemic. The guardrails that were constructed to delineate the outdoor use space will be relocated in order to reduce the size of the outdoor dining patio commensurate with the required parking spaces on-site. No waivers or reduction in required parking are proposed as part of this Project. 2. Adequate public and emergency vehicle access is provided from North Bristol Street and Dove Street, and public services and utilities are provided on-site. The Project has been reviewed by the Life Safety Services Division (Fire Department) and the retention of the outdoor patio area increases the occupancy of the facility such that fire sprinklers will be required if the building is not currently protected. The existing building is equipped with a fire sprinkler system. Awnings for the outdoor patio area must be equipped with a fire sprinkler system and Condition of Approval No. 47 and 48 have been added to ensure the project is reviewed and approved by the Fire Department. 3. The operational conditions of approval recommended by the NBPD have all been incorporated into Exhibit “A” of this Resolution and will help ensure compatibility with the surrounding commercial uses while minimizing any alcohol-related impacts. The establishment must comply with the requirements of the California Building Code, Orange County Health Department, and the State Department of Alcoholic Beverage Control to 23 Planning Commission Resolution No. PC2023-016 Page 8 of 15 01-17-23 ensure the safety and welfare of customers and employees within and surrounding the establishment. 4. Any physical alterations to the restaurant, including the outdoor dining patio, require a building permit prior to any construction. The Project will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The restaurant will continue to service the surrounding commercial area by providing dining services, alcohol service, and an option for outdoor dining areas as a public convenience to the surrounding businesses, residents, and visitors to the area. This will provide an economic opportunity for the new restaurant owner to operate successfully while potentially revitalizing the Property. 2. The Project has been reviewed and includes conditions of approval and the requirement of an operator’s license to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance related to litter and graffiti on the exterior of the building and noise generated by the subject facility. 3. As conditioned, all owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. The certified program must meet the standards of the certifying/licensing body designated by the State of California and records of successful completion shall be maintained on the premises. 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 under Section 15301 under Class 1 (Existing Facilities) 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. 24 Planning Commission Resolution No. PC2023-016 Page 9 of 15 01-17-23 2. The Planning Commission of the City of Newport Beach hereby approves the Conditional Use Permit subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This Resolution supersedes Use Permit No. UP1789 and Zoning Administrator Resolution No. ZA2017-083 (Use Permit No. UP2017-009), which upon vesting of the rights authorized by this Conditional Use Permit (PA2022-0263), shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF APRIL, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Sarah Klaustermeier, Secretary 25 Planning Commission Resolution No. PC2023-016 Page 10 of 15 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL 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. A material violation of any of those laws in connection with the use may be cause for the revocation of this Use Permit. 4. The allowed hours of operation for the interior of the restaurant shall be between 10 a.m. and 2 a.m., daily. 5. The allowed hours of operation for the outdoor dining patio shall be between 10 a.m. and midnight, daily. The outdoor dining patio shall remain closed after midnight and patrons shall not occupy this area once closed. 6. The interior “net public area” of the restaurant shall not exceed 2,070 square feet for the subject restaurant. 7. The accessory outdoor dining shall be used only in conjunction with the related restaurant. The outdoor dining patio shall be limited to no more than 940 square feet in area. 8. The restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 9. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the NBMC. 10. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 26 Planning Commission Resolution No. PC2023-016 Page 11 of 15 01-17-23 11. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new use permit. 12. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 13. Before 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. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7 AM and 10 PM Between the hours of 10 PM and 7 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 15. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 16. Construction activities shall comply with Section 10.28.040 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 Sundays, or Holidays. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. 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. 27 Planning Commission Resolution No. PC2023-016 Page 12 of 15 01-17-23 20. The exterior of the business shall be always maintained free of litter and graffiti. 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. 21. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 22. 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. 23. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 24. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 25. 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. 26. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Kalaveras Restaurant including, but not limited to, Conditional Use Permit (PA2022-0263). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Police Department 28 Planning Commission Resolution No. PC2023-016 Page 13 of 15 01-17-23 27. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the NBMC. In no case shall the establishment be permitted to operate beyond the hours of 2 a.m. on the outdoor dining patio. 28. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. 29. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 47 (On-Sale General – Eating Place) license. Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 30. 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. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every three (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. 32. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 33. 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. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35. Live Entertainment is prohibited. 36. Dancing by patrons as defined in Section 5.32.010 of the NBMC is prohibited. 29 Planning Commission Resolution No. PC2023-016 Page 14 of 15 01-17-23 37. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38. There shall be no reduced prices of alcoholic beverage promotions after 9 p.m. 39. Food service from the regular menu shall be made available to patrons until closing. 40. 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. 41. 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. 42. “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). 43. Strict adherence to maximum occupancy limits is required. 44. 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. 45. 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. 46. 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 NBMC. Fire Department 47. Automatic fire sprinklers shall be required for the building and any awnings or covered areas of the outdoor dining patio. The sprinkler system shall be monitored by a UL- certified alarm service company. 30 Planning Commission Resolution No. PC2023-016 Page 15 of 15 01-17-23 Building Division 48. 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 before the issuance of a building permit. 31 INTENTIONALLY BLANK PAGE32 Attachment No. PC 2 Applicant’s Project Description 33 INTENTIONALLY BLANK PAGE34 Project Description and Justification To Whom it May Concern, My business, Kalaveras NB Inc, occupies the location at 900 North Bristol Street in Newport Beach. The current minor use permit allows for the business to operate from the hours of 11:00 AM to 11:00 PM, Monday through Saturday. I wish for the hours of operation to be changed and allow the restaurant to operate Monday through Sunday from 10:00 AM to 2:00 AM. In addition, I would like to make the patio area permanent for my restaurant location as the existing permit only allows for temporary use. If you have any questions or concerns, please do not hesitate to contact me. Best regards, Jose I Brito CEO, Kalaveras NB Inc 35 INTENTIONALLY BLANK PAGE36 Attachment No. PC 3 Police Department Memorandum 37 INTENTIONALLY BLANK PAGE38 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Jenny Tran, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: February 7, 2023 SUBJECT: Kalaveras 900 N Bristol Street, Newport Beach PA2022-0263 At your request, the Police Department has reviewed the project application for Kalaveras, located at 900 N Bristol Street, Newport Beach. The applicant has requested a new use permit to increase hours of operation and make a temporary patio permanent. 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 proposed place of business at 900 N Bristol Street, Newport Beach. 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) 34 in the north area of the City. 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, 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 159, 57% over the City-wide crime count average of 101. Since this area has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is 39 Kalaveras PA2022-0263 2 found to have undue concentration. In comparison, neighboring RD 33 is 14% above the City- wide average, RD 35 is 56% below the City-wide average and RD 36 is 16% 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 Fraud. The highest volume arrests in the area are drug- related offenses. DUI, Public Intoxication, and liquor law violations make up 16% of arrests in this Reporting District. In comparison, the figure for neighboring RD 33 is 18%, RD 35 is 32% and RD 36 is 16%. 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 census tract 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 626.10. This census tract has an approximate population of 11,867 residents with 19 active on-sale alcohol licenses. That is a per capita ratio of 1 on-sale license for every 625 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every 822 residents and we conclude that undue concentration does not exist in this area. This location meets the legal criteria for undue concentration pertaining to alcohol establishments. (B&P §23958.4). Discussion and Recommendations The Police Department does not have any objection to this project, specifically the increase in hours to 2:00 a.m. or making the patio area permanent. This is a retail and commercial area and residences are not immediately adjacent. Per NBMC 5.25.010, an Operator License will be required if the project is approved. The following or similar conditions would be appropriate for the business: 1. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 2. 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. 40 Kalaveras PA2022-0263 3 3. 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. 4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 5. 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. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. Live Entertainment is prohibited. 8. Dancing by patrons as defined in NBMC 5.32.010 is prohibited. 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 11. Food service from the regular menu shall be made available to patrons until closing. 12. 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. 13. 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. 14. “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). 15. Strict adherence to maximum occupancy limits is required. 41 Kalaveras PA2022-0263 4 16. 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. 17. 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. 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 42 CITATIONS PART I CRIMES PART II CRIMES CRIME RATE HIGHEST VOLUME ALL ARRESTS DUI ALCOHOL PUBLIC INTOXICATION LIQUOR LAW HIGHEST VOLUME ALCOHOL RELATED 900 N Bristol Street 3 0 0 N/A N/A 0 0 0 0 N/A 0 Subject RD: RD34 3,067 79 146 2,829.51 FRAUD 102 12 4 0 DRUG-RELATED 1 Adjacent RD: RD33 1,909 70 78 4,245.00 BURG/THEFT FROM AUTO 50 9 3 0 DRUG-RELATED 1 Adjacent RD: RD35 1,750 29 32 1,225.70 BURG/THEFT FROM AUTO 19 3 3 0 DRUG- RELATED 1 Adjacent RD: RD36 2,478 67 85 2,385.19 BURG/THEFT FROM AUTO 61 7 3 0 DRUG-RELATED 2 Newport Beach 97,176 1,789 3,222 2,063.58 BURG/THEFT FROM AUTO 2,959 511 285 4 DRUG- RELATED 449 Subject: Population ON-SALE Licenses ON-SALE License Per Capita OFF-SALE Licenses OFF-SALE License Per Capita TOTAL RETAIL LICENSES TOTAL RETAIL LICENSES PER CAPITA Subject: CRIME COUNT DIFF FROM AVG %DIFF FROM AVG 900 N Bristol Street N/A 0 N/A 0 N/A 0 N/A 900 N Bristol Street 0 N/A N/A Subject Census Tract: 626.1 11,867 19 625 4 2,967 23 516 Subject RD: RD34 159 +58 +57% Adjacent Census Tract: 631.01 2,935 2 1,468 3 978 5 587 Adjacent RD: RD33 115 +14 +14% Adjacent Census Tract: 630.04 6,202 19 326 4 1,551 23 270 Adjacent RD: RD35 44 -57 -56% Adjacent Census Tract: 630.07 6,699 1 6,699 0 0 1 6,699 Adjacent RD: RD36 117 +16 +16% Newport Beach 86,694 279 311 66 1,314 345 251 Newport Beach 3,852 Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557 Summary for Kalaveras at 900 N Bristol Street (RD34) Subject: DISPATCH EVENTS ACTIVE RETAIL ABC LICENSES ARRESTS This 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. RD Average = 101 ABC CRIME COUNT REPORTED CRIMES CHIEF JON T. LEWIS Newport Beach Police Department 2021 Crime and Alcohol-Related Statistics as of 6/29/2022 43 INTENTIONALLY BLANK PAGE44 Attachment No. PC 4 Project Plans 45 INTENTIONALLY BLANK PAGE46 27'-3"38'-8"3'-10"n bristol ST (E) RESTAURANT KALAVERAS DOVE ST(E)GUARDRAIL FENCE TO REMAIN. (E)3' WIDE GATE RELOCATED. (E)3' WIDE GATE. (E)GUARDRAIL FENCE-TO BE REDUCED (9') AND RELOCATED.PUBLIC SIDEWALKPUBLIC SIDEWALK LANDSCAPELANDSCAPELANDSCAPE LANDSCAPE PATHWAYPATHWAY (E)PARKING TRASH 9'-0"(E) CONCRETE SLAB(E)PARKING 01SHEET NO. J.R. DRAWN BY E-MAIL riverasdwg@yahoo.com 3726 PONTIAC AVE RIVERSIDE CA 92509(714)496-1817 SCALE 3/32"=1'-0" DATE 04/01/2023BUSINESSNAME:ADDRESS :SHEET TITLEEXISTING BUILDING SITE-PLANRESTAURANT "KALAVERAS"900 BRISTOL STNEWPORT BEACH CA 92660GENERAL DATA 900 BRISTOL ST NEWPORT BEACH CA 92660 SCOPE OF WORK: SHEET INDEX: EXISTING BUILDING SITE-PLAN SCALE:3/32" = 1'-0" FIRE SPRINKLERS NOTES: REQUIREMENT FOR PARKING SPACES PARKINGSPACEREQUIRED AREA(SQ.FT.) LOCATION/ DESCRIPTION PARKING REQUIREMENTS PARKING NOTE: 47 INTENTIONALLY BLANK PAGE48 The City of Newport Beach Planning Department April 16, 2022 Regarding: Proposed Kalaveras Application for Conditional Use Permit Firstly, I would like to state that we welcome the Kalaveras restaurant to the area and wish them success. However, Kalaveras’ request for modification to the existing CUP to add a permanent, additional 940 SF to the outside dining and extend the hours of operation to 2:00 am, if approved by the City, will exacerbate lunchtime and dinner parking and create new security and operational problems for Plaza Newport. Plaza Newport shares the common driveway on Bristol Street North but there is no reciprocal parking agreement between the owners of the Kalaveras property and our Center. The Kalaveras property is completely surrounded by private commercial property and there are no options for street parking or public parking. As Landlords of Plaza Newport, we have taken many steps to ensure adequate customer parking such as paying for off offsite parking for employees and assembling a tenant mix that utilizes parking during different times of the day. We do not have any additional parking for Kalaveras especially at lunchtime. We believe the net public area of 2,140 SF, as stated in the application, is not an accurate SF of the current net public area. The Kalaveras restaurant added a dining area, which was previously used as a private office/waiting area. They also added an additional dining room area that was previously part of the restaurant’s kitchen. No building permit was obtained to address these changes. The City should either to do an inspection of the current interior net public area or require Kalaveras to submit a drawing, certified by an architect, of the current floor plan and seating prior to considering the proposed modification to this CUP. The owners of Kalaveras have stated that they have 20-25 employees who are currently parking on their site. This alone would require almost half of the available 60 stalls located on their premises. The maximum occupancy under the past Cocos and Barones restaurants has been 135 occupants. We understand from the City that the maximum occupancy capacity is 135 which is calculated as 1 seat/15 SF of net public area and it is our understanding that Kalaveras has increased the net public area. Currently, Kalaveras has approximately 185 interior seats and 72 patio seats totaling more than 250 seats and has increased the net public area from the original net public area. The Kalaveras modified CUP request is almost doubling the seats that have been allowed for the last 40 years without adding any additional parking. Kalaveras has only 60 parking stalls on site. If Kalaveras’ application for the CUP is approved by the City, it will be impossible for Kalaveras to park all their patrons and employees within their parking lot. This situation will result in Kalaveras’ parking Planning Commission - April 20, 2023 Item No. 2a - Additional Materials Received Kalaveras Restaurant (PA2022-0263) overflowing into our parking lot, which is already full. This parking burden will force the us to incur the cost of hiring a guard (estimated at over $60,000 per year) to ensure that Kalaveras’ patrons do not park in our lot. By approving the proposed CUP, our Partnership will incur major financial damage on an ongoing and continual basis. Extending the hours of operation until 2:00 am is consistent with a nightclub, which is strictly prohibited as a use in Newport Place. It is unrealistic to think that their patrons will be primarily eating food off the menu, rather than alcohol at 2:00 am. None of the other 19 Kalaveras restaurants are open till 2:00 am. We are concerned about the late night hours for security and for maintenance of our parking lot which happens at midnight. When Barones requested a temporary patio in November of 2021 (Permits No, XP2021- 013 (PA2021-192) Patrick Achis, at the City, stated that there would be no additional seating allowed, just a relocation of seats from the inside to the outside. That information and concerns of adjacent property owners are found in the notes from Barones request for outside dining. Kalaveras’ CUP application does not include this restriction, but rather allows the original seating plus the outside seating. Again, this causes a huge parking problem for the adjacent property owners. In discussions with the Kalaveras owners, they stated that they would obtain offsite parking for their employees, use valet parking and hire security guards to prevent the overflow of parking into the adjacent property owners parking lot. This has not been done and there are no requirements in the current requested CUP for any offsite parking. Has the City reviewed Kalaveras’ proposed plans to insure that the ADA requirements are met for both inside and outside the restaurant? In conclusion, the adjacent property owners ask the City the following: 1. Do not approve the proposed Kalaveras CUP as proposed. 2. Verify the net public area as proposed by Kalaveras to the original CUP by Coco’s. (Note: the waiting area/office of Barones has been converted to a dining area and a portion of the kitchen has been converted to an additional dining area. 3. Verify the actual, current, physical number of seats is equal to the maximum seating approved by Coco’s and Barones which was 135 and insist on removal of seating above that number 4. Add as a condition of approval that Kalaveras contracts with outside sources, i.e. office buildings, to park their employees offsite. 5. As a condition of approval, there shall be no additional seating, after combining the outside dining and the inside dining, than was allowed for the original CUP with Cocos and Barones which is 135 seats. Thus, seats inside would need to be removed to accommodate the additional seats added to the outside since there will be no additional parking provided. Planning Commission - April 20, 2023 Item No. 2a - Additional Materials Received Kalaveras Restaurant (PA2022-0263) 6. Kalaveras will be in compliance with all ADA requirements both inside and outside the restaurants. Currently they are not. 7. Kalavaras will hire security guards and/or valet parking to direct patrons to their own parking lot and prevent incidents in adjacent private property I look forward to discussing this with you further. Harry Woloson harry@wolosonco.com 949-235-6360 General Partner LSW Ltd. Owner of Retail Shopping Center Plaza Newport at 1000 Bristol Street North, Newport Beach Planning Commission - April 20, 2023 Item No. 2a - Additional Materials Received Kalaveras Restaurant (PA2022-0263) 1 Rodriguez, Clarivel Subject:FW: Support for Kalaveras   From: Mario llamas <mariothebutcher1@gmail.com>   Sent: April 20, 2023 4:54 PM  To: Tran, Jenny <jtran@newportbeachca.gov>  Subject: Support for Kalaveras     [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.    Dear Ms. Tran,    I am writing to express my full support for the continued use of the outdoor patio and the proposed expansion of operating hours for Kalaveras. As a business owner in the adjacent commercial center and patron of the restaurant, I have witnessed firsthand the positive and quality service they provide. The success of our business center greatly improves with the addition of Kalaveras. The owners are caring, present, and hard- working. We have an open line of communication, and I look forward to our area’s continued success.     Sincerely,    Mario Llamas  Owner, Mario’s Neighborhood Butcher Shop & Delicatessen     Sent from my iPhone  Planning Commission - April 20, 2023 Item No. 2b - Additional Materials Received After Deadline Kalaveras Restaurant (PA2022-0263) KalaverasRestaurant CUP Planning Commission April 20, 2023 Jenny Tran, Assistant Planner Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Vicinity Map Kalaveras Plaza Newport Back Bay Court 2 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Surrounding General Plan Kalaveras Kalaveras Residential Residential 3 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Existing Restaurant •Previous approvals: •UP1789 –April 28, 1976 •Type 41 (On-Sale Beer and Wine –Eating Place) Alcohol License•Parking rate determined as 1 per 40 sq ft of net public area •UP2017-009 –October 26, 2017•Type 47 (On-Sale General –Eating Place) Alcohol License•Hours of Operation: 7 am to 11 pm, daily •Building Permit approved 2,070 sq ft of net public area 4 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Outdoor Dining Patio •Approximately 1,100 sq. ft. patio approved on a temporary basis during COVID-19. •July 21, 2020 -Emergency Temporary Use Permit •November 10, 2021 -Limited Term Permit Outdoor Dining Patio 5 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Applicant’s Request •Conditional Use Permit •Retain 940 sq. ft. of outdoor dining patio •Expand Type 47 ABC License for outdoor dining patio •Late Hours (until 2 a.m.) 6 Approximate area to be reduced Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Existing Proposed Interior Net Public Area 2,070 sq. ft No change Outdoor Net Public Area 1,100 sq. ft (temporary) 940 sq. ft. (permanent) Parking 63 spaces No change Hours of Operation (Interior) 7 a.m. to 11 p.m., daily 10 a.m. to 2 a.m., daily Hours of Operation (Outdoor) 7 a.m. to 9 p.m., daily (per Limited Term Permit) 10 a.m. to midnight, daily* ABC License Type Type 47 (On-Sale General –Eating Place) No change Operational Characteristics Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Location/ Description Net Public Area (SQ. FT) Parking Spaces Required Requirement for Parking Spaces Indoor Area 2,070 52 1 per 40 sq. ft. Outdoor Patio Area (Excluded from Parking) 517.5 0 0 Outdoor Patio Area (Included in Parking) 422.5 11 1 per 40 sq. ft Total 3,010 63 1 per 40 sq. ft. Parking 8 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Findings •No concerns from the Police Department •No live entertainment/dancing is requested •Surrounding areas are commercial uses •Hours of operations are conditioned •All required parking is provided on-site 9 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Comments Received •Correspondence from neighboring property owner •As-built changes to the interior •Compliance with parking •Maximum occupancy and ADA compliance •Security guards and valet parking •Correspondence from nearby business owner •In support of the project 10 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) 11 180 SF 82 SF •262 SF •7 additional spaces required Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Conditions of Approval •The hours of operation for the indoor dining area shall be 10 a.m. to 2 a.m., daily •The hours of operation for the outdoor dining area shall be 10 a.m. to midnight, daily •The restaurant shall not operate as a bar, tavern, cocktail lounge or nightclub •No live entertainment/no dancing •Operator License from Police Department •Must obtain a Zoning Clearance from Planning 12 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Additional Condition of Approval •Condition No. 27 –“The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the NBMC. In no case shall the establishment be permitted to operate beyond midnight on the outdoor dining patio.” •New Condition –“All employees and patrons of the restaurant shall park in the parking spaces that are on the restaurant property. Parking in the adjoining shopping center shall be prohibited without authorization from the property owner.” 13 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) Recommended Action •Conduct a public hearing; •Find this project exempt from CEQA (Class 1 and Class 3) •Approve Kalaveras Restaurant CUP (PA2022-0263) with additional condition •Supersedes Use Permits No. UP1789 and UP2017-009 14 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263) 15 Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov Planning Commission Public Hearing April 20, 2023 Planning Commission - April 20, 2023 Item No. 2c - Additional Materials Presented at the Meeting Kalaveras Restaurant (PA2022-0263)