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HomeMy WebLinkAboutPA2023-0141_20230807_Project Desription-FindingsChihuahua Taproom Patio Addition Project Description July 23, 2023 1 Chihuahua Taproom Patio Addition 3107 Newport Boulevard The Landing Shopping Center General Plan: CN Neighborhood Commercial Zoning District: CN Commercial Neighborhood Local Coastal Land Use Plan: CN Neighborhood Commercial Local Coastal Plan Zoning District: CN Commercial Neighborhood Project Description Chihuahua Cerveza Taproom is located on the Balboa Peninsula in the Landing Shopping Center. This multi-tenant shopping center is bounded by Newport Boulevard and West Balboa Boulevard, between 30th Street and 32nd Street. This shopping center includes a mix of commercial uses, including a grocery store, various eating and drinking establishments, retail, and service uses. This shopping center includes a large, 237- space on-site surface parking lot that serves all the uses within the center. Chihuahua Brewing Company, LLC is requesting approval of an amendment to its conditional use permit (CUP) and coastal development permit (CDP) to make permanent the temporary outdoor covid patio that is currently onsite, which results in an increase in the allowed net public area of the permanent outdoor dining patio (while reducing the allowable interior net public area). Chihuahua Cerveza Taproom currently operates pursuant to conditional use permit (UP2019-035), coastal development permit (CD2020-001), and an operator license (OL2020-001). These approvals allow 2,616 square feet of gross floor area, 1,446 square feet of interior net public area and a 626-square-foot (NPA) outdoor dining patio. The restaurant is also approved for a Type 47 (On-Sale General – Eating Place) ABC license and is allowed to have live entertainment, with a reduced off-street parking requirement of 25 spaces which was supported by a parking study prepared by RK Engineering. The requested floor areas of the restaurant is as follows: 2,616 square feet of gross floor area, a reduction of interior net public area from 1,446 square feet to 1,225 square-feet and an increase in allowed outdoor dining patio size from 626 square feet to 1,403 square feet (NPA). The resulting increase of net public area attributable to the new outdoor dining area from 2,072 square feet to 2,628 square feet requires 15 additional parking spaces; therefore, a reduction of required off-street parking is also requested. The new permanent outdoor patio will essentially replace the 867 square foot temporary outdoor patio currently operating pursuant to Limited Term Permit No. XP2021-027 and Coastal Development Permit No. 2021-051 (PA2021-205). The temporary covid pandemic patio was initially approved in July 2020 and has been open since August 2020, and has an approved closing hour of 10:00 p.m. Chihuahua Taproom Patio Addition Project Description July 23, 2023 2 The new outdoor dining patio will be a permanent structure. The patio will be delineated by a raised concrete planter and covered by a trellis. The design will be consistent with that of the shopping center and is an aesthetic upgrade from the temporary patio, and will help to improve the look of the overall shopping center. As mentioned above, the request also includes a reduction of required off street parking of 15 spaces. Currently, the existing temporary outdoor patio displaces 8 parking spaces and the parking lot provides 237 spaces. The requested patio area will displace two additional spaces, for a total of 10 parking spaces. However, two new spaces will be added behind the supermarket so the resulting on-site parking space count will remain at 237 spaces. Please refer to the parking study prepared by RK Engineering for additional details. Since the establishment maintains a valid Type 47 ABC license, no increase in licenses is proposed for this Police Reporting District. The CUP also allows live entertainment during certain hours and that is requested to remain as part of the amended CUP approval. Additionally, pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25, the operation requires the owner/operator to obtain an operator license with the approval of a conditional use permit. No late hours or dancing are proposed as part of this application. Chihuahua Cerveza Taproom first opened in November 2018 in a space occupied by Crow Burger and then in July 2021 they expanded into the adjacent tenant space after receiving approval from the City in October 2020. Since its opening, Chihuahua has become a favorite for both locals and visitors, offering affordable and tasty menu options. Requested Approvals The property is located int the Neighborhood Commercial (CN) Zoning District and Coastal Zoning District. The following approvals are requested: Conditional Use Permit– amend Conditional Use Permit No. UP2019-035 to allow the expansion of the permanent outdoor dining area at an existing restaurant located in the CN (Commercial Neighborhood) Zoning District. Conditional Use Permit – amend Conditional Use Permit No. UP2019-035 in accordance with Planning and Zoning Code Section 20.52.020(F) (Findings and Decision) to allow a 15-space reduction in required on-site parking pursuant to Zoning Code Section 20.40.110 (Adjustments to Off-Street Parking Requirements) to account for the reduced interior net public area and expanded outdoor dining patio NPA. Coastal Development Permit – amend Coastal Development Permit No. CD2020-001 in accordance with Local Coastal Program Implementation Plan Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) allow the permanent addition of an expanded outdoor dining area at an existing restaurant in the CN (Neighborhood Chihuahua Taproom Patio Addition Project Description July 23, 2023 3 Commercial) Coastal Zoning District and to allow a 15-space reduction in required on-site parking pursuant to Local Coastal Program Implementation Plan section 21.40.110 (Adjustments to Off-Street Parking Requirements) Operator License) – amend Operators License No. L2020-001 in accordance with Chapter 5.25 of the NBMC to reflect the expansion of the permanent outdoor dining area. Existing, Allowed and Proposed Development The existing approval limits net public area, exterior patio area and maximum number of seats. Table 1, below, shows the existing, allowed and proposed floor areas and seat counts. As shown, the existing net public area and outdoor dining area are less than that allowed by the existing approvals. With the expansion of the outdoor dining patio, amendments to conditions of approval Nos. 9, 10, and 12 are requested. Current conditions of approval related to floor area and seating. 9. The interior net public area shall be limited to 1,446 square feet. 10. The exterior patio shall be limited to 626 square feet. 12. The restaurant, including but not limited to all dining areas, bar area, and outdoor patio, shall have a maximum of 114 seats. Table 1 Gross Floor Area Net Public Area Outdoor Patio Area (NPA) Seating Existing (As-built) 2.616 1,225 498 98 Approved 2,616 1,446 626 114 Proposed 2,616 1,225 1,403 144 Hours of Operation – Existing and Proposed No change to existing hours. Consistent with condition of approval No. 13, allowed existing and proposed hours of operation are to remain unchanged, 6:30 a.m. to 10:00 p.m., Sunday through Thursday, and 6:30 a.m. to 11:00 p.m., Friday and Saturday for the interior. The hours of operation for the exterior patio are 6:30 a.m. to 10:00 p.m., daily. Live Entertainment – Existing and Proposed Live entrainment is currently allowed subject to conditions of approval Nos. 16 – 22 of current CUP approval. No changes to these conditions are requested at this time, Off- Street Parking Requirements and Parking Study Pursuant to Planning and Zoning Code Section 20.40.050, eating and drinking establishment tenant space in shopping centers occupying more than 15 percent of the Chihuahua Taproom Patio Addition Project Description July 23, 2023 4 gross floor area of the shopping center are required to provide off-street parking to the sum of the requirements for individual use in the shopping center. The Landing Shopping Center includes a variety of tenants typically found in similar shopping centers, which include eating and drinking establishments, take-out dining, retail stores, a grocery store, a nail salon, and a bank. Based on the analysis in the staff report for the approved CUP, more than 15% of the gross floor is occupied by eating and drinking establishments. The resulting parking requirement was 261 spaces for the shopping center and 236 were provided resulting in an approved parking reduction of 25 spaces. As detailed in the attached parking study from RK Engineering Group, even with this previously approved parking reduction there remains ample parking at the shopping center in real world conditions. The proposed patio increase of 777 square feet (626 sq. ft. to 1403 sq. ft.) combined with the reduction of the interior net public area of 221 square feet (1446 sq. ft.-1225 sq. ft.) results in net increase of 15 required off-street parking spaces. Gross Floor Area Interior Net Public Area Outdoor Patio Area NPA 25% interior NPA Outdoor Patio Area NPA Total NPA for Parking Required Parking Spaces@ 1/40 Approved CUP 2,616 1,446 626 362 264 1710 43 Proposed 2,616 1,225 1,403 306. 1,097 2,322 58 Parking - Patio Expansion +15 A parking study dated July 18, 2023 was prepared by RK Engineering Group to determine the actual off-street parking demand of the Landing Shopping Center and if parking for the patio expansion can be accommodated. The parking study demonstrates that the 237 parking spaces (existing and proposed) are more than sufficient to accommodate the actual parking demand of the shopping center based on observed parking lot utilization The parking study and parking management plan is included as part of this application. Parking Study Findings: Off-street Parking Provided: 237 spaces Maximum observed utilization: 149 spaces Remaining Available Parking: 88 spaces Maximum Utilization: 62% Please see the findings for approval provide in the Conditional Use Permit attachment for additional justification related to the request or the reduction of off-street parking. Chihuahua Taproom Patio Addition Project Description July 23, 2023 5 Application Contents The application submittal package includes the following documents: • Owners Affidavit for, Conditional Use Permit, Coastal Development Permit and Operator’s License • Project justification and findings for approval of a coastal development permit • Project justification and findings for approval of a conditional use permit • Project plans including site plan, floor plans and elevations • Parking study prepared by RK Engineering • Public notice notification package Chihuahua Taproom Outdoor Dining Patio Expansion Conditional Use Permit Justification July 23, 2023 1 Justification and Findings for Approval Conditional Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) The review authority may approve or conditionally approve a conditional use permit or minor use permit only after first finding all of the following: Finding: A. The use is consistent with the General Plan and any applicable specific plan; • The General Plan land use category for the property is Neighborhood Commercial (CN). The CN designation is implemented by the Commercial Neighborhood (CN) Zoning District which allows Eating and Drinking, Food Service (No Late Hours), Late Hours with a Type 47 ABC license subject to the review and approval of a conditional use permit. eating and drinking establishment uses are common on the Balboa Peninsula. • The General Plan land use designation for this site is CN (Neighborhood Commercial), which is intended to provide for a limited range of retail and service uses developed in one or more distinct shopping centers oriented to primarily serve the needs of, and maintain compatibility with, residential uses in the immediate area. • The Property is not a part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; • Pursuant to Section 20.20.020 (Commercial Districts Land Uses, Table 20.20-1) of the Zoning Code, Eating and Drinking Establishments, Food Service with alcohol service and without late hours are an allowed use in the Commercial Neighborhood (CN) zoning district subject to the approval of a conditional use permit. The reduction of off-street parking requirements also requires approval of a conditional use permit pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. • The expansion of the existing outdoor patio space at the restaurant is consistent with the purpose of the CN Zoning district as the new outdoor patio will provide a service to residents and visitors, and it will help create and maintain a vibrant commercial center that can successfully operate not only during the peak summer season, but also during the slower shoulder and off-season times of the year. Chihuahua Taproom Outdoor Dining Patio Expansion Conditional Use Permit Justification July 23, 2023 2 • Except for off-street parking, the existing restaurant and proposed outdoor dining patio expansion comply with all applicable development standards including but not limited to floor area ratio, setbacks, and building height. • See project description and justification and additional findings below for more discussion regarding the requested reduction of off-street parking requirements. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; • Commercial uses such as restaurants are common in the vicinity of Newport Boulevard and serve visitors and residents alike. Since it’s opening in 2018 the restaurant has proven compatible with the other uses in the shopping center and other land uses in the surrounding neighborhood. • As currently conditioned and proposed, the outdoor dining area will close by 10:00 p.m., daily, and the interior of the restaurant will close by 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday. These closing hours will help to ensure continued compatibility with residents in the vicinity. Furthermore, the restaurant has operated since 2018 with these hours and they have proven compatible with the neighborhood. • The upgraded permanent outdoor dining patio will replace the temporary Covid patio which has been open since August 2020. The temporary Covid patio has proven to be compatible with the surrounding land uses and has been popular with residents and visitors. • This permanent patio addition is a high-quality design and uses high quality materials resulting in an aesthetic upgrade to the entire shopping center. • Outdoor dining patios are common and expected accessory features of restaurants in Southern California beach communities. • A new Operator License a required to be approved by the Newport Beach Police Department to Account for the expanded outdoor dining patio area. • All owners, managers, and employees selling alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. Finding: Chihuahua Taproom Outdoor Dining Patio Expansion Conditional Use Permit Justification July 23, 2023 3 D. 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 • The site provides both safe and code compliant pedestrian, ADA and vehicular access. • Bicycle racks are available at the shopping center. • Adequate emergency vehicle and personnel access is provided, and the site is served by all necessary public services and utilities. • There have been no parking-related complaints or issues since the installation of the temporary outdoor dining patio in August 2020. Finding: E. 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. • The existing permanent and temporary outdoor dining area has not posed a hazard to the general welfare of persons residing in the area since the temporary patio was opened during the COVID-19 pandemic in August 2020.The proposed patio is approximately the same size as the existing permanent patio and temporary patio. The expanded permanent patio has been open since July 2021. An outdoor patio has been part of this restaurant space since Crow Burger occupied the tenant space in July 2011 • The outdoor dining area will continue to close by 10:00 p.m., daily, and the interior of the restaurant will close by 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday. The closing hours will help to ensure there is no detriment to the adjacent residential neighborhood. • Orange County Health Department approval is required to be obtained and maintained. prior to opening for business. The expanded outdoor patio area must also comply with the California Building Code, the California Fire Code, and all other applicable laws and ordinances to ensure the safety and welfare of customers and employees. • The restaurant will comply with all Alcoholic Beverage Control (ABC) requirements. Off-Street Parking Reduction Chihuahua Taproom Outdoor Dining Patio Expansion Conditional Use Permit Justification July 23, 2023 4 In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with NBMC Section 20.52.020 Conditional Use Permits and Minor Use Permits) as follows: Finding: F. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); • With the proposed outdoor patio expansion, Chihuahua Tap Room requires an additional 15 off-street parking spaces based on the approved parking rate of one (1) space per 40 square feet of net public area. • A parking study dated July 18, 2023 was prepared by RK Engineering Group to determine the actual off-street parking demand of the Landing Shopping Center. The parking study is included as part of this application. • The Parking Study establishes an actual parking demand for the shopping center including the permanent expansion of Chihuahua Tap Room outdoor dining patio. Parking counts were performed between the hours of 7:00 am and 9:00 pm., on a Thursday, Friday and Saturday (November 17-20, 2022). There are a variety of existing uses within the shopping center, which include restaurants eating and drinking establishments, take-out dining, retail stores, a supermarket grocery store, service uses and a bank. • The observed peak parking demand occurred on Saturday, November 19, 2022, occurred at 1:00 PM when approximately 149 vehicles were parked. This results in a 62% occupancy. Since 237 off-street parking spaces are provided for the shopping center, approximately 88 spaces remained open during the peak demand time. • Parking lot utilization based on observed on-site parking demand and related analysis in the study concludes that 237 parking spaces is more than sufficient to accommodate the actual parking demand of the shopping center including the expansion of the outdoor dining patio • In furtherance of support of the expansion, the parking study had the benefit of having the temporary 867 square foot Covid pandemic outdoor patio in addition to Chihuahua Taproom Outdoor Dining Patio Expansion Conditional Use Permit Justification July 23, 2023 5 the existing 498 square foot permanent outdoor dining patio (1,365 sq. ft. total) in operation at the time of the parking counts. The proposed outdoor dining expansion would result in a 1,403 square foot patio which is only slightly larger than existing permanent and temporary patio. • The Landing Shopping Center is located close to the beach and residential areas. This proximity generates higher volumes of patrons who travel to the shopping center by means of rideshare, walking or bicycling. • As demonstrated by the parking study, the existing parking lot provides sufficient capacity for the existing shopping center uses and the increased outdoor patio area. During peak times, security personnel ensure customer vehicles only are being parked on-site to ensure parking is available for the businesses. Finding: G. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). • The Parking Study concludes that on-site parking provided in the shopping center is adequate to accommodate the existing tenant and proposed Chihuahua’s outdoor patio expansion. However, in compliance with NBMC Subsection 20.40.110(C), a parking management plan has been included in the parking study in case the site’s parking demand increases. • The management plan includes options for, dedicated delivery spaces, parking duration limits and enforcement through a parking patrol service, dedicated rideshare loading area, and secure bicycle parking. Please refer to the parking study for additional information. Chihuahua Taproom Outdoor Dining Patio Expansion Coastal Development Permit Justification July 23, 2023 1 Coastal Development Permit – Justification and Findings for Approval In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. • The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (NC) (0.3 FAR), and it is located within the Commercial Neighborhood (CN) Coastal Zoning District. • Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table 21.20-1) of the Implementation Plan, Eating and Drinking Establishments, Food Service are an allowed use within the CN Coastal Zoning District. Approval of a coastal development permit is required for the expansion of the existing outdoor dining patio and a reduction of off-street parking requirements. • Except for off-street parking, the existing restaurant and proposed outdoor dining patio expansion comply with all applicable development standards including but not limited to floor area ratio, setbacks, and building height. • The restaurant and the other tenants at the Landing Shopping Center provide restaurants, shopping and personal services to visitors and residents. The expanded patio will help ensure year-round success of the restaurant, and the availability of affordable dining options for coastal visitors. • With the proposed outdoor patio expansion and interior net public area reduction, a reduction of fifteen off-street parking spaces is requested. • A parking study dated July 18, 2023 was prepared by RK Engineering Group to determine the actual off-street parking demand of the Landing Shopping Center. The parking study is included as part of this application. Please refer to the Project Description and CUP Findings and Justification for additional information. • The property does not provide public access to the sea. There are no coastal views through or across the property. • The property is not located in an environmentally sensitive habitat area (ESHA) and does not contain wetlands or sandy beach areas. Chihuahua Taproom Outdoor Dining Patio Expansion Coastal Development Permit Justification July 23, 2023 2 Finding: B. 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. • The property is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. • The property does not provide public access to the coast and is not located on the beach or shoreline. The patio expansion will not inhibit or affect public coastal access. However, following the increase in outdoor patio size coastal visitors will be provided with new opportunities to enjoy excellent food at affordable prices in a casual and approachable dining environment.