HomeMy WebLinkAbout2.0_Chihuahua Cerveza Patio Expansion_PA2023-0141CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 8, 2024 Agenda Item No. 2 SUBJECT: Chihuahua Cerveza Patio Expansion (PA2023-0141)
Conditional Use Permit
Coastal Development Permit SITE LOCATION: 3107 Newport Boulevard APPLICANT: Luke Johnston, Boardwalk Investment Group
OWNER: The Landing M2, LLC PLANNER: Kelly Ribuffo, Consultant Planner
kribuffo@sagecrestplanning.com
PROJECT SUMMARY A conditional use permit and coastal development permit to expand the outdoor dining patio of an existing restaurant (Chihuahua Cerveza). Chihuahua Cerveza currently operates with
1,213 square feet of interior net public area, 498 square feet of permanent outdoor dining
patio, and 867 square feet of temporary outdoor dining patio. The applicant will reconfigure the patio areas to create one, 1,403-square-foot, permanent outdoor dining patio. The applicant requests to waive the additional parking spaces required for the patio expansion. Alcohol service would be extended to the entire outdoor dining patio through Chihuahua
Cerveza’s existing Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control
(ABC) license. The existing hours of operation are not proposed to change. Hours of operation are from 6:30 a.m. to 10:00 p.m. Sunday to Thursday, and 6:30 a.m. to 11:00 p.m. Friday and Saturday, however the outdoor dining patio will close nightly at 10:00 p.m. Chihuahua Cerveza is currently approved for live entertainment within the interior of the
restaurant and no changes are proposed to the live entertainment. If approved, this
conditional use permit would supersede Conditional Use Permit No. UP2019-035 (PA2019-160). 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) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2024-015 approving a Conditional Use Permit and Coastal Development Permit pursuant to PA2023-0141 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE CN (Neighborhood Commercial) CN (Neighborhood Commercial) Restaurant and shopping center
NORTH RT (Two Unit
Residential
R-2 (Two-Unit
Residential) Single and two-unit dwellings
SOUTH PF (Public
Facilities) and RT
PF (Public Facilities)
and R-2
Public parking lot, and single
and two-unit dwellings
EAST
CV (Visitor
Servings
Commercial)
CV (Commercial
Visitor Serving)
Commercial (Palmilla
Restaurant)
WEST RT R-2 Single and two-unit dwellings
Restaurant Location
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INTRODUCTION Project Setting Chihuahua Cerveza is an existing restaurant on the Balboa Peninsula, located within an
existing shopping center (“The Landing”). The Landing is bounded by Newport Boulevard,
30th Street, West Balboa Boulevard, and 32nd Street. There is a mix of commercial uses within The Landing, including a Pavilion’s grocery store, other eating and drinking establishments, retail, and service uses. The development includes a large, 224-space surface parking lot that serves all tenants within the center.
Figure 1: Representative photographs of The Landing, Top left: Chihuahua Cerveza, including temporary outdoor dining patio. Top Right: Cold Stone Creamery and adjacent retail tenants. Bottom Left: Parking lot on north side of shopping center. Bottom Right:
Chase Bank at northwest corner of shopping center.
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Surrounding uses include single and two-unit residential dwellings with the nearest residential use abutting the shopping center, to the southwest. There are a variety of commercial uses along the adjacent Newport Boulevard. The Lido House Hotel is located approximately 400 feet northeast of the project site.
Background and Entitlement History
The Landing was originally developed in the 1960s. In February of 2010, the Planning Commission approved a major renovation and expansion pursuant to Use Permit Nos. UP2009-037 and UP2010-002, and Parcel Map No. NP2009-013 (PA2009-153). As part
of the approval, five parking spaces were waived and a parking management plan was adopted. A subsequent amendment to the parking waiver was approved 10 months later, in December of 2010, and waived an additional three spaces, bringing the total number of waived parking spaces for The Landing to eight.
The subject suite has been approved to operate as a restaurant since 2011. On January 27, 2011, the Zoning Administrator approved Minor Use Permit No. UP2010-036 and Outdoor Dining Permit No. OD2010-005 (PA2010-155) to authorize an eating and drinking establishment with an outdoor dining patio. The Zoning Administrator’s decision was appealed to the Planning Commission. The decision of the Planning Commission to
approve the project was appealed to the City Council with the City Council ultimately approving the use permit on March 27, 2011. The restaurant was granted a Type 41 (Beer and Wine) ABC License with hours of operation for the interior of the restaurant from 9:00 a.m. to 11:00 p.m., daily, and separate hours of operation for the outdoor patio limited to 9:00 a.m. through 10:00 p.m., daily. The original tenant, Crow Burger, operated in this
space from 2011 to 2018. In 2019, Chihuahua Cerveza took over the space. During the COVID-19 pandemic, the Community Development Director approved a series of emergency temporary use permits (ETUPs) and emergency coastal development permits (ECDPs) to allow for temporary outdoor patio area in response to health and
safety restrictions on restaurant operations. A summary of the ETUPs and ECDPs approved for Chihuahua Cerveza are provided below:
• On May 29, 2020, ETUP No. UP2020-014 and ECDP No. CD2020-028 (PA2020-
083) allowed modified hours of operation and an outdoor dining patio up to 4,600 square feet in size within 14 parking spaces in the parking lot, in front of the restaurant.
• On June 29, 2020, ETUP No. UP2020-044 and ECDP No. CD2020-054 (PA2020-122) modified the previous approval to reduce the temporary patio size to approximately 2,200 square feet, occupying eight parking spaces within the parking lot, in front of the restaurant.
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• On July 15, 2020, ETUP No. 2020-084 and ECDP No. 2020-088 (PA2020-169) retained the same patio area as the previous approval but adjusted the layout to ensure the required 7-foot social distance was maintained between tables.
On October 22, 2020, the Planning Commission approved Conditional Use Permit No.
UP2019-035 and Coastal Development Permit No. CD2020-001 to allow the expansion of Chihuahua Cerveza restaurant into the adjacent commercial suite. Chihuahua Cerveza was approved for up to 2,616 square feet of gross floor area, consisting of up to 1,446 square feet of net public area and a 626-square-foot outdoor patio. The approval included
an upgrade to the on-sale alcoholic beverage license from Type 41 (Beer and Wine –
Eating Place) to Type 47 (On-Sale General – Eating Place), increased hours of operation, conditions to allow live entertainment within the interior dining area of the restaurant, a requirement to obtain an operator license, and a 25-space parking waiver for The Landing.
On November 10, 2021, the Zoning Administrator approved Limited Term Permit No. XP2021-009 and Coastal Development Permit No. CD2021-028 (PA2021-187) to allow a maximum 867-square-foot outdoor dining patio for up to a one-year term. The patio is shown below in Figure 2. This approval superseded the previous emergency temporary
approvals. A one-year extension of time was granted by the Community Development Director (PA2022-0275), which expired on December 31, 2023. Prior to the expiration of the limited term permit, the applicant submitted the current request to incorporate the temporary patio into a permanent configuration.
Figure 2. Existing temporary patio in front of Chihuahua Cerveza.
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Project Description The applicant is requesting a conditional use permit and a coastal development permit to expand the existing outdoor dining patio from 626 square feet to 1,403 square feet, as described in Attachment No. PC 2. The current outdoor dining patios will be reconfigured to
create one outdoor dining patio. The reconfigured patio requires the permanent removal of 10 parking spaces directly in front of the restaurant. As shown on the project plans (Attachment No. PC 3), the expanded outdoor patio will be a permanent structure, and both the parking lot and adjacent walkway will be reconfigured to maintain building and fire code required access and accessibility to the restaurant and adjacent commercial businesses. To
offset some of the removed parking spaces, Condition of Approval No. 19 requires two new parking spaces be created in Zone 4 of the parking lot, behind the Pavilions grocery store. These spaces are intended to be used by employees. Also, as part of the project, the net public area of the restaurant interior will be decreased by 233 square feet from the restaurant’s permitted amount to reflect as-built conditions, as approved in Plan Check
2021-0333.
Table 1: Restaurant Operations
Existing Proposed
Gross Floor Area 2,616 sq. ft. No change
Net Public Area (NPA) Interior1 1,213 sq. ft. (up to 1,446 sq. ft allowable) 1,213 sq. ft
Outdoor Patio 498 sq. ft (up to 626 sq. ft allowable) 1,403 sq. ft
Temporary Patio 867 sq. ft. 0 sq. ft.
Seating Count 98 (up to 114 allowable) 144
Hours of Operation
Interior
6:30 a.m. to 10:00 p.m.
Sunday to Thursday and 6:30
a.m. to 11:00 p.m. Friday and Saturday
No change
Hours of Operation
Patio
6:30 a.m. to 10:00 p.m. daily No change
Live Entertainment Indoor only No change
Dancing Not allowed No change
ABC License Type Type 47 (On-Sale General – Eating Place) No change
On-Site Parking See discussion section for details
1 Net Public Area means 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. Use Permit No. UP2019-035 allows live entertainment within the interior dining area of the
restaurant from 7:00 p.m. to 9:00 p.m. on Tuesdays and Saturdays, and 11:00 a.m. to
2:00 p.m. on Sundays. Additional live entertainment may be permitted during holidays, including Cinco de Mayo, at the discretion of the Community Development Director.
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Entertainment is restricted to a maximum of two acoustical performers at a time. DJs and amplified music are not permitted, and dancing is also not permitted. The applicant is not requesting any modifications to these conditions as part of this application but is requesting that alcohol service be expanded to include the entire footprint of the newly combined outdoor dining patio.
To implement the project, a 52-space parking waiver for The Landing must be granted. This waiver covers all spaces waived through previous approvals and the additional physical spaces lost to the patio expansion, the additional code-required parking for the expanded outdoor dining patio, and parking spaces that have been lost through the installation of
shopping cart corrals by Pavilions. A detailed discussion of the parking waiver is provided below. The project site is located within the Coastal Zone. A coastal development permit (CDP) is required for the proposed project as the project intensifies an existing use and is considered
development.
DISCUSSION
Analysis
General Plan, Coastal Land Use Plan, and Zoning The site is categorized by the General Plan as Neighborhood Commercial (CN) and
Neighborhood Commercial (CN) (0.0-0.3 FAR) in the Coastal Land Use Plan. It is located
within the Commercial Neighborhood (CN) Zoning District and Coastal Zoning District. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed project
is an expansion of an outdoor patio at an existing restaurant. Eating and drinking
establishments (including alcohol) are allowed uses, subject to the approval of a conditional use permit within the CN zone. The expansion of the outdoor patio is consistent with this designation because it will continue to provide a valuable service to the surrounding neighborhood and will help maintain a vibrant commercial area.
Alcohol Sales
The restaurant operates within a Type 47 (On-Sale General – Eating Place) State Department of Alcoholic Beverage Control (ABC) License. The applicant is not requesting any changes to hours of operation, conditions on live entertainment, or ABC license type,
but has requested that alcohol service be extended to the entirety of the expanded
outdoor dining patio. To authorize the sale and service of alcoholic beverages, the Planning Commission must first make a finding of consistency with Section 20.48.030 (Alcohol Sales) of the Newport
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Beach Municipal Code (NBMC). As part of the application review, the Newport Beach Police Department (NBPD) has prepared a memorandum (Attachment No. PC 4) with the required factors and crime statistics to help evaluate the following required considerations:
1. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Table 2: Crime Statistics Reporting District Group A Offenses (Serious offenses) Group B Offenses (All other offenses) Total Crime Count
3107 Newport Blvd 1 0 1
RD No. 15 547 275 822
RD No. 13 246 74 320
RD No. 16 155 46 201
RD No. 25 174 58 232
Newport Beach 5,103 1,434 6,537
The property is in Reporting District 15 (RD 15). RD 15 is the highest crime area in Newport Beach, with significant quality-of-life concerns for the residents and NBPD. The
RD’s ABC Crime Count is 642, 444% over the City-wide crime count average of 118. 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 found to have undue concentration. In comparison, neighboring RD 13 (8th Street to 20th Street) is 117% above the City-wide average, RD 16 (37th Street to 54th Street) is
15% above and RD 25 (North of Coast Highway between Newport Boulevard and Irvine Boulevard) is 31% above the City-wide crime count average. RD 15 is a major commercial thoroughfare and consists of several restaurants and businesses that serve both residents and visitors to the area. The intent of the CN zoning
district is to provide areas appropriate for a limited range of retail and service uses, developed in one or more distinct centers, and oriented to serve primarily the needs of, and maintain compatibility with, residential uses in the immediate area. The Landing was envisioned and designed to accommodate restaurant uses. The center has historically featured restaurants with alcohol service.
NBPD has reviewed the proposed use, and based on the location, operational characteristics, and closing hours, has no objection to the proposed expansion of the exterior patio, subject to appropriate conditions of approval.
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2. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Due to the higher concentration of commercial land uses, RD 15 is reported to ABC as a high crime area as compared to other reporting districts in the city. The highest volume
crime in this area is aggravated assault. The highest volume arrest in the area is for disorderly intoxication. DUI, public intoxication, and liquor law violations make up 37% of arrests in this reporting district. However, the area is considered an attractive tourist area in the city, which results in a higher number of alcohol-related calls for service, crimes and arrests.
According to the NBPD memorandum (Attachment No. PC 4), there were 25 calls for service to the restaurant in 2022 and 27 in 2023. However, a review of the calls revealed most were not related to the restaurant, rather, the restaurant’s address was used to geographically tag the general area. The calls reveal no concerns that would indicate
poor business practices. No calls were due to the temporary patio currently in operation or a blatant over-consumption of alcoholic beverages. Therefore, the Police Department has no concerns with the proposed application subject to appropriate conditions of approval.
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
Although the Project is located near a residential district, the property is situated in a
commercial zoning district within an existing shopping center with other nonresidential uses. Residential neighborhoods are located adjacent to the plaza to the north, east, and south. To the west of The Landing, there are existing commercial uses. The project site is located approximately 800 feet from St. James Church on 32nd Street. The project site is also located approximately 1,000 feet from 38th Street Park and approximately 750
feet from the beach. The current restaurant does not impact these uses and the expanded use is not expected to impact these nearby sensitive uses. The project site is not in proximity to a daycare center, recreational facility, school, or similar uses that attract minors. The proposed alcohol sales are not detrimental to the community as a result of the proximity to any sensitive land uses.
4. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
The property is located in Census Tract 635, which has 71 active retail alcohol licenses
and a population of approximately 4,938 residents. This represents a per capita ratio of one license for every 70 residents. Orange County has a per capita ratio of one license for every 557 residents. Since the area's ratio exceeds the ratio of on-sale retail licenses to population in the County, the area is deemed to have an undue concentration of alcohol licenses. However, it is noted that concentration levels have decreased in the census
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tract since the business was first granted an ABC Type 47 License in 2020, when there were 88 active retail alcohol licenses and a per capita ratio of 1 license for every 65 residents. Approval of the requested application does not increase the number of licenses in the
area. Several other establishments along Newport Boulevard currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Newport Beach Municipal Code (NBMC). Within the same shopping center, Chipotle Mexican Grill and Gina's Pizza provide alcohol service to patrons. Other nearby establishments such as Palmilla, Wild Taco, Helmsman
Alehouse, Woody's Diner, Bear Flag Fish Company, Fable and Spirits, Malarky's, and Session's West Coast Deli also provide alcohol service to patrons. The proximity to other establishments selling alcohol does not raise a concern due to the physical characteristics of the restaurant, which is limited to 1,213 square feet of interior net public area and an outdoor patio space of 1,403 square feet. Conditions of Approval No. 6 through 18 will
further prevent the establishment from operating as a bar or lounge.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The Landing has historically been developed with commercial businesses, including restaurants. On one occasion during the COVID-19 pandemic, the restaurant was found to be in violation in social distancing requirements. However, the restaurant amended their permit to relocate their dining area and cooperated with the City to ensure proper distancing would be observed. Given social distancing is no longer required, there is no
evidence that suggests the proposed commercial use will create objectionable conditions with the proposed expansion. The project has been reviewed by the Police Department. All conditions of approval provided by the Police Department have been incorporated into the draft resolution. The
conditions of approval help to ensure that the purpose and intent of NBMC Section 20.48.030 is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. The Police Department does not anticipate detrimental conditions due to the limited operational characteristics proposed and the condition of approval
incorporated into the resolution. Operational conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol-related impacts. Parking Waiver
Existing parking requirements for The Landing were established with the approval of use Permit No. UP2019-035 (PA2019-160). In accordance with the standards in place at the time, NBMC Section 21.40.050 (Parking Requirements for Shopping Centers) provided that shopping centers with restaurants occupying more than 15% of the gross floor area
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of the center had a parking requirement equal to the sum of each use within the shopping center. There are a variety of uses within The Landing, including eating and drinking establishments totaling more than 15% of the gross area of the shopping center. Parking requirements calculated for each individual use result in a parking requirement of 261 parking spaces. The Landing only provided 236 spaces at the time, resulting in a deficit
of 25 parking spaces (261 - 236 = 25) for which a parking waiver was granted. As part of the approval of UP2019-035, a parking study was completed by RK Engineering to support the request. The peak parking demand observed by RK Engineering occurred on a Friday at 1:00 p.m., with approximately 135 parking spaces out of 236 available spaces occupied (57% utilization rate).
The parking lot currently provides less spaces than what was available during the previous parking study. The parking lot currently provides only 224 spaces, as four spaces were lost to the installation of shopping cart return corrals and the temporary patio displaces eight parking spaces.
Current parking conditions for the shopping center are summarized below in Table 3.
Table 3: The Landing Shopping Center Parking - Current Conditions Gross Floor Area (sq. ft) 47,812
Code Required Parking 261 spaces
Waived Parking (per UP2019-035) 25 spaces
Total Required Parking 236 spaces
Provided Parking 224 spaces
Since the approval of UP2019-035, the City has amended the ratio for determining the
required number of parking spaces for restaurant through the adoption of Ordinance No. 2023-6. However, these new standards are pending review with the California Coastal Commission and have yet to be adopted as part of the Local Coastal Program Implementation Plan (NBMC Section 21.40.050). Because the project site is located
within the coastal zone, where the amendment is not yet effective, parking requirements
were calculated based on the rates and standards in effect prior to adoption of the 2023 ordinance. The current project requires 58 parking spaces, as described below. While the interior net public area of the restaurant will be decreased by 233 square feet
from the permitted condition, the project represents an increase in required parking by 15
spaces. Table 4 and 5 below summarize the parking requirements for Chihuahua Cerveza under UP2019-035 and the proposed project.
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Table 4: Parking Requirement for UP2019-035
Interior Net Public Area 1,446 sq. ft.
Subtotal Interior Parking Spaces Required (1/40 sq. ft. NPA) 36.15
Outdoor Dining Area 626 sq. ft.
25% of Interior NPA Excluded from
Outdoor Dining Area
353 sq. ft.
Subtotal Outdoor Dining Area Parking
Spaces Required (1/40 sq. ft.)
6.8
Total Parking Required 43 spaces
Table 5: Parking Requirement for the Proposed Project
Interior Net Public Area 1,213 sq. ft.
Subtotal Interior Parking Spaces Required (1/40 sq. ft. NPA) 30.32
Outdoor Dining Area 1403 sq. ft.
25% of Interior NPA Excluded from
Outdoor Dining Area
303 sq. ft.
Subtotal Outdoor Dining Area Parking Spaces Required (1/40 sq. ft.) 27.5
Total Parking Required 58 spaces The project will permanently displace 10 parking spaces to accommodate the footprint of the expanded outdoor dining patio area. Between the patio improvements, spaces lost to shopping cart return corrals, and the newly created spaces behind Pavilion’s, The
Landing’s parking lot will maintain 224 spaces. Plans showing the proposed parking lot layout are provided as Exhibit B-2 of the parking study prepared by RK Engineering Group, Inc. (Attachment No. PC 5). The project increases the parking requirement of the shopping center to 276 parking
spaces, which results in a deficit of 52 parking spaces (276 - 224 = 52) The proposed parking conditions are summarized below in Table 6. A detailed table of the proposed parking requirement calculations is provided in the attached parking study (Attachment No. PC 5, Table 1).
Table 6: The Landing Shopping Center Parking - Proposed Conditions
Gross Floor Area 47,812 sq. ft.
Required Parking 276 Waived Parking 52
Total Required Parking On-site 224
Parking Provided 224 To support the required parking waiver, the parking study establishes a parking demand for the expansion of Chihuahua Cerveza. RK conducted a detailed parking survey of the
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site on Thursday, November 17, Friday, November 18, and Saturday, November 19, 2022, from 7:00 AM to 9:00 PM at one-hour intervals. Even though some tenants might still be operating after 9:00 PM, it was observed that the site parking demand significantly winds down after 9:00 PM. The observed peak parking demand occurred on Saturday, November 19, 2022 at 1:00 p.m., where approximately 137 parking spaces out of 224
available spaces were occupied (61% utilization). Comparing the results of the May 2019 observed parking counts to the November 2022 observed parking counts, the weekday (Thursday and Friday) parking demand has not changed, and the weekend (Saturday) parking demand is approximately 14% higher.
Even with the increase in parking demand at The Landing, there are still 87 spaces available during peak demand and the parking lot can accommodate the restaurant patio expansion. The parking management plan prepared as part of the 2020 parking study has been
carried over into the parking study to best utilize the site's parking supply if demand becomes an issue, although not anticipated. The plan includes future considerations for providing a dedicated rideshare pick up and drop off area, setting parking duration limits and enforcement through a parking patrol service, providing secure bicycle parking, and encouraging employees to park away from entrances to restaurants and shops. If
necessary, the shopping center will provide a valet service during days and hours of high parking demand. The parking study and parking management plan have been reviewed and accepted by Public Works Traffic Engineering. The project site is located close to the beach, which typically generates higher volumes
of patrons who travel to the shopping center by means of rideshare, walking or bicycling. Therefore, the expansion of the outdoor patio is not anticipated to cause significant additional parking demand which would be incompatible with the surrounding neighborhood. During the summer, parking on the Balboa Peninsula is heavily impacted by beach visitors. However, the shopping center actively enforces a "no beach parking"
policy and regularly tows violators from the parking lot, which mitigates the impacts during peak seasons.
Conditional Use Permit Findings
Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the Planning Commission must make the following findings to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
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3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use. As demonstrated in the draft resolution (Attachment No. PC 1), staff believes that sufficient facts exist in support of each finding. The existing restaurant is defined as an Eating and Drinking Establishment, Food Service, No Late Hours with alcohol beverage
service and is consistent with the CN General Plan land use designation and zoning district. The hours of operation are appropriate for the neighborhood, as there are no late hours proposed. The expansion of the restaurant creates a change in required parking for the
entire shopping center and results in an overall deficit of 52 parking spaces. However, the provided parking study concludes that, even with the increased parking demand created by the expansion of the restaurant, The Landing’s 224 parking spaces can accommodate all visitors to the center during peak hours.
The restaurant has operated with an ABC Type 47 license since 2020 and has a current operator’s license. The Police Department has reviewed the request and has no objection with the inclusion of conditions of approval related to alcohol sales. The expanded restaurant will service the neighborhood by providing dining services as a public convenience to visitors as well as residents to the surrounding area. The service of
alcohol compliments the principal use of the restaurant and provides an economic opportunity for the property owner to maintain a successful business in a way that may better serve the community and visitors. The existing restaurant and shopping center have proven to be physically suitable in
terms of design, location, shape, and size to support the use. Eating and drinking establishments have proven to be physically suitable for the project location. Although Chihuahua Cerveza is oriented toward 32nd Street, as shown in Figure 3 below, the outdoor dining patio is buffered from the residential units by the shopping center parking lot and the width of 32nd Street, a distance of over 210 feet. In addition, the size of the
patio has also been limited in size, live entertainment restricted to the interior of the
restaurant to prevent excess noise from impacting nearby residential uses. The business has operated with an expanded outdoor patio, approved through a series of temporary use permits, since 2020. There have been no noise complaints related to operations such
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that Code Enforcement or the Police Department have concerns with the proposed permanent expansion.
Figure 3. Distance between Chihuahua Cerveza and the nearest adjacent residential use.
Coastal Development Permit Findings Pursuant to Section 21.52.015(F) (Coastal Development Permits) of the NBMC, the
Planning Commission must make the following findings to approve a Coastal
Development Permit:
1. Conforms to all applicable sections of the certified Local Coastal Program; and
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. Pursuant to Section 21.20.020 (Commercial Coastal Zoning District Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments with no late
hours are allowed in the Neighborhood Commercial (CN) coastal zoning district. The project consists of expansion of an existing permitted restaurant in an established commercial shopping center.
The property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are located along the West Lido Channel and are not visible from the site. The proposed project does not include any modifications that would expand the existing building or modify the existing site in a way that would encroach into any viewshed of the beach. Additionally,
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the project does not contain any unique features that could degrade the visual quality of the coastal zone. The project includes an expansion of the outdoor dining patio. The Landing shopping center is approximately 475 feet from the ocean. There are multiple public parking options
for visitors that are near the project site, such as the public parking lots along Newport Boulevard, street parking on Newport Boulevard, and other residential streets within the immediate surroundings. As previously discussed, the expansion creates an additional parking deficit for the shopping center, but the deficit is adequately addressed by the submitted parking study. The anticipated parking demand is expected to be
accommodated on-site and would not impact surrounding public street parking in the area, thereby avoiding potential impacts to coastal access. Summary and Alternatives
Staff finds that the project is consistent with Title 20 (Planning and Zoning), Title 21 (Local
Coastal Program Implementation Plan), and the General Plan, as discussed in the analysis above. Staff recommends approval of the project, subject to the conditions of approval provided in the resolution as Exhibit A.
If approved, the project will allow Chihuahua Cerveza to reconfigure the existing patio
areas to create one, 1,403-square-foot, permanent, outdoor dining patio. The applicant will also be granted a parking waiver to waive the additional parking spaces required for the patio expansion. The existing hours of operation and conditions related to alcohol sales and live entertainment will remain the same. If approved, this conditional use permit would
supersede Conditional Use Permit No. UP2019-035 (PA2019-160).
Should the Planning Commission feel the facts are not in evidence of support for the project application, the following alternative actions are available:
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the changes are substantial, the item should be continued to a future meeting to allow the applicant to make the necessary adjustments and to allow staff to prepare a revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial, and allow staff to prepare a revised resolution for denial of the project.
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Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction and Conversion of Small Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 use. Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The project consists of the expansion of the outdoor dining patio of an existing restaurant
to no more than 1,403 square feet within an urbanized area. The size of the expanded outdoor patio is well below the 10,000-square-foot floor area limitation for the Class 3 exemption. The construct the expanded outdoor patio, the project will require minor alterations to the existing, paved, parking lot entirely within a privately owned shopping center. While the Project increases the size of the outdoor dining patio, the additional
capacity is a negligible expansion of use in comparison to the surrounding shopping center. The exceptions to these categorical exemptions 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, and 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 and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
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Prepared by: Submitted by:
______________________ Kelly Ribuffo
Consultant Planner
JP/kr ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description PC 3 Project Plans PC 4 Police Department Memorandum
PC 5 Parking Study
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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INTENTIONALLY BLANK PAGE22
RESOLUTION NO. PC2024-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO EXPAND THE OUTDOOR DINING PATIO OF AN EXISTING RESTAURANT OPERATING WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL BEVERAGE
CONTROL LICENSE SUPERCEDING USE PERMIT NO. UP2019-35AND WAIVE A PORTION OF THE OFF-STREET PARKING REQUIREMENT FOR THE PROPERTY LOCATED AT 3107 NEWPORT BOULEVARD (PA2023-0141)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Boardwalk Investment Group (“Applicant”), with respect to
property located at 3107 Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 2009-135, as per map filed in Book 371, Pages 4 through 6 of Parcel Maps, in the office of the County Recorder in the County of Orange, California ("Property") requesting approval of a conditional use permit and coastal development permit.
2. The Applicant proposes to expand the outdoor dining patio of an existing restaurant, Chihuahua Cerveza (“Restaurant”). The Restaurant currently operates with 1,213 square feet of interior net public area, 498 square feet of permanent outdoor dining patio, and 867 square feet of temporary outdoor dining patio. The Applicant will reconfigure the patio
areas to create one 1,403-square-foot permanent, outdoor dining patio (“Project”). The
Applicant requests to waive the additional parking spaces required for the patio expansion. Alcohol service would be extended to the entire outdoor dining patio through the Restaurant’s existing Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (“ABC”) license. Proposed hours of operation are from 6:30 a.m. to 10:00 p.m.
Sunday to Thursday, and 6:30 a.m. to 11:00 p.m. Friday and Saturday, however the
outdoor dining patio will close nightly at 10 p.m. The Restaurant is currently approved for live entertainment within the interior of the restaurant and no changes are proposed to the live entertainment. Approval of the Project would supersede Use Permit No. UP2019-035 (PA2019-160).
3. The Property is categorized as Neighborhood Commercial (CN) by the Land Use Element of the General Plan and is located within the Commercial Neighborhood (CN) Zoning District.
4. The Property is located within the coastal zone. The Property is categorized as
Neighborhood Commercial (CN) (0.0 – 0.3 FAR) by the Coastal Land Use Plan and is located in the Commercial Neighborhood (CN) Coastal Zoning District.
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5. A public hearing was held on August 8, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was
given in accordance with California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New 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. 2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The Project consists of the expansion of the outdoor dining
patio of an existing restaurant to no more than 1,403 square feet within an urbanized
area. The size of the expanded outdoor patio is well below the 10,000-square-foot floor area limitation for the Class 3 exemption. To construct the expanded outdoor patio, the Project will require minor alterations to the existing paved parking lot entirely within a privately owned shopping center. While the Project increases the size of the outdoor
dining patio, the additional capacity is a negligible expansion of use in comparison to
the surrounding shopping center.
3. The exceptions to these categorical exemptions 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, and is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Permit Requirements) of the
NBMC, the findings and facts in support of such findings are set forth as follows:
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Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales). Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City. 1. The Property is in Reporting District 15 (“RD 15”). RD 15 is the highest crime area in
Newport Beach and has significant quality-of-life concerns for the residents and the
Newport Beach Police Department (“NBPD”). The RD’s Crime Count is 642, 444% over the citywide crime count average of 118. 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 found to have
undue concentration. In comparison, neighboring RD 13 (8th Street to 20th Street)
is 117% above the citywide average, RD 16 (37th Street to 54th Street) is 15% above, and RD 25 (north of Coast Highway between Newport Boulevard and Irvine Boulevard) is 31% above the citywide crime count average. RD 15 contains many visitor- and tourist-serving nonresidential uses along Newport Boulevard, including
restaurants with alcohol service. The Restaurant is located within The Landing
shopping center (“The Landing”), which includes a Pavilion’s grocery store, other eating and drinking establishments, retail, and service uses. Within The Landing, Chipotle Mexican Grill and Gina's Pizza provide alcohol service to patrons. Other nearby eating and drinking establishments such as Wild Taco, Helmsman Alehouse,
Woody's Diner, Bear Flag Fish Company, Fable and Spirits, Malarky's, and Session's
West Coast Deli also provide alcohol service to patrons.
2. The NBPD has reviewed the proposed outdoor patio expansion. Based on the location, operational characteristics, and closing hours, the NBPD has no objection
to the proposed expansion of the outdoor patio for the existing Type 47 ABC License,
subject to appropriate conditions of approval, which are included in Exhibit “A” attached to this resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 is reported to ABC as a high crime area as compared to other reporting districts in the city. The highest volume crime in this area is aggravated assault. The highest volume arrest in the area is for disorderly intoxication. DUI, public
intoxication, and liquor law violations make up 37% of arrests in this reporting district.
However, the area is considered an attractive tourist area destination, which results in a higher number of alcohol-related calls for service, crimes and arrests.
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2. According to the NBPD memorandum, there were 25 calls for service to the Restaurant in 2022 and 27 in 2023. A review of all calls however revealed that most
were not related to the Restaurant, rather the Restaurant’s address was used to
geographically tag the general area. The calls reveal no concerns that would indicate poor business practices. No calls were due to the temporary patio currently in operation or a blatant over-consumption of alcoholic beverages. Therefore, the NBPD has no concerns with the proposed application. All conditions of approval
provided by the NBPD have been incorporated into the Resolution.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors.
1. Although the Project abuts a residential district, the Property is situated in a commercial zoning district and within The Landing. Residential neighborhoods are located to the north, east, and south of The Landing. To the west, there are additional commercial uses. The Property is located approximately 800 feet from St. James
Church on 32nd Street, approximately 1,000 feet from 38th Street Park, and
approximately 750 feet from the beach. Due to the distances to these locations, the Restaurant’s expansion is not expected to negatively impact these uses where minors are present.
2. The Project is not in proximity to a daycare center, recreational facility, school, or
similar uses that attract minors. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.
1. The Property is located in Census Tract 635, which has 71 active retail alcohol licenses and a population of approximately 4,938 residents. This represents a per capita ratio of one license for every 70 residents. Orange County has a per capita ratio of one license for every 557 residents. Because the Tract exceeds the ratio of
on-sale retail licenses to population for the County, the area is deemed to have an
undue concentration of alcohol licenses. However, it is noted that concentration levels have decreased in the census tract since the business was first granted an ABC Type 47 License in 2020, when there were 88 active retail alcohol licenses and a per capita ratio of one license for every 65 residents.
2. Several other establishments along Newport Boulevard currently have active ABC Licenses, most of which are for bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the NBMC. The closest establishment selling alcoholic beverages for on-site consumption is Chipotle located
at 3101 Newport Boulevard, which is directly next to the Restaurant. Chipotle has a
Type 41 (On-Sale Beer and Wine - Eating Place) ABC license.
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3. The Project’s proximity to other establishments selling alcohol does not raise concern due to the limited characteristics of the use. Condition of Approval No. 55
requires the quarterly gross sales of alcoholic beverages to not exceed the gross
sales of food during the same period and Condition of Approval No. 54 explicitly prohibits the establishment from operating as a bar, lounge, or nightclub. 4. Although the per capita ratio of on-sale alcohol licenses to residents is higher than
the average in Orange 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 maintain an operator’s license will ensure compatibility with the surrounding uses and minimize alcohol related impacts.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions. 1. The Landing has historically provided restaurant spaces and there are no objectionable
conditions presently occurring at the Property. On one occasion during the COVID-19
pandemic, the Restaurant was found to be in violation of social distancing requirements. However, the Restaurant amended their emergency temporary use permit to relocate their dining area and cooperated with the City to comply with social distancing requirements in place at the time. There is no evidence that suggests the expanded
patio will create objectionable conditions.
2. The Project has been reviewed by the NBPD. The NBPD has provided conditions of approval related to alcohol service. The conditions of approval help to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The NBPD does
not anticipate detrimental conditions due to the proposed limited operational characteristics and conditions. 3. Condition of Approval No. 53 requires the owners, managers, and employees selling
alcohol undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol. This should help ensure that no patron is overserved and that objectionable conditions are avoided. 4. The Project does not propose any modifications to previous conditions of approval
imposed for live entertainment. Conditions of Approval No. 11 through 18 of this
resolution continue to limit the hours of operation, number of entertainers, restrict entertainment to interior only, and prohibit dancing.
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Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The Property is categorized as Neighborhood Commercial (CN) by the Land Use Element of the General Plan. CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of nearby residents and maintain compatibility with residential uses in
the immediate area.
2. The Project is an expansion of the outdoor patio of an existing Restaurant. Eating and drinking establishments with alcohol service are consistent with the CN designation. The Restaurant will continue to provide a service to the surrounding neighborhood that
residents can easily access, and the expanded patio will help maintain the operation of
a vibrant commercial asset within the area. 3. Condition of Approval No. 6 requires the indoor dining area close by 10:00 p.m. on Sunday through Thursday, and 11:00 p.m. on Friday and Saturday with the outdoor patio
closing by 10:00 pm, nightly. These closing times are not considered late hours. By
forgoing late hours, the use should be compatible with adjacent residential units and the nearby neighborhood. 4. The Property is not a part of a specific plan area.
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 located in the Commercial Neighborhood (CN) Zoning District and coastal zoning districts, which are intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to
serve primarily the needs of and maintain compatibility with residential uses in the
immediate area. Eating and drinking establishments with alcohol service are allowed uses, subject to the approval of a use permit.
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2. The Restaurant offers both alcohol service and live entertainment. Pursuant to Section 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site
Consumption in Combination with Late Hours, Entrainment, and/or Dance) of the
NBMC, the business is required to obtain an operator license. The Restaurant obtained an operator license pursuant to Conditional Use Permit No. UP2019-035 (PA2019-160). Condition of Approval No. 67 allows the current operator’s license to be updated at the discretion of the Chief of Police or the Community Development Director.
3. On May 23, 2023, the Newport Beach City Council adopted Ordinance No. 2023-6, which amended the parking standards citywide, including Section 20.40.050 (Parking Requirements for Shopping Centers) of the NBMC and Resolution No. 2023-27 which amended the parking standards within the coastal zone. However, these new standards
are pending review with the California Coastal Commission and have yet to be adopted
as part of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Therefore, parking requirements were calculated based on the rates and standard in effect prior to adoption of Ordinance No. 2023-6 and Resolution No. 2023-27.
4. Related to NBMC mandated parking requirements, Facts 1 through 5 in support of
Finding G are incorporated by reference. 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 Project involves an existing restaurant located within an existing shopping center
known as The Landing. The expanded patio does not introduce a new use and will complement the existing mix of retail, service, and restaurant uses in the immediate area.
2. The Restaurant is in a suite within The Landing oriented toward 32nd Street. There are
residential units located north of 32nd Street which could be impacted by noise from the Restaurant. However, the outdoor dining patio is buffered from the residential units by The Landing’s parking lot and the width of 32nd Street, a distance of over 210 feet. Live entertainment is restricted to the interior of the Restaurant to prevent excess noise from
impacting nearby residential uses and Condition of Approval No. 18 requires the
windows be closed during performances. 3. The design of the outdoor dining patio complements the existing architecture of The Landing, including the scale of the structure and materials and colors chosen for the
construction.
4. Fact 2 in support of Finding A(v) is herein incorporated by reference. 5. Fact 3 in support of Finding B is herein incorporated by reference.
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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 Landing includes a large, centrally located, surface parking lot that serves all tenants within the center. Modifications to the parking lot will meet city standards for parking space size and configuration and will provide adequate access and accessibility compliant with the California Building Code.
2. The Applicant is required to obtain Orange County Health Department approval to ensure the safety and welfare of customers and employees. 3. The Project was reviewed by the Fire, Public Works and Building Departments. It was
determined that adequate public and emergency vehicle access is provided.
4. The Project was reviewed by the Public Works Department. It was determined that adequate public services and utilities are provided to the Property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the
building permit.
5. The tenant improvements to the Property will be reviewed to comply with all Building, Public Works, and Fire Codes. All City ordinances 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 and outdoor patio are oriented toward 32nd Street. While there are
residential units located across 32nd Street, the outdoor dining area will be buffered by The Landing’s parking lot and the street. The restaurant and outdoor patio are not oriented toward the residential uses abutting the Property, which are behind Pavilion’s. to the southwest. The other abutting use is Malarky’s Irish Pub.
2. The Project includes conditions of approval to help ensure potential conflicts with the surrounding land uses are minimized to the greatest extent possible. For example, Conditional of Approval No. 14 requires that all live entertainment be acoustic only and it explicitly prohibits DJs.
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3. Condition of Approval No. 69 requires the operator take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment. 4. The restaurant provides dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol complements the
principal use of the facility as a restaurant and provide an economic opportunity for the
Owner to maintain a successful business in a way that best serves the community. 5. Fact 3 in support of Finding B is herein incorporated by reference.
6. Fact 3 in support of Finding A(v) is herein incorporated by reference
7. Fact 5 in support of Finding D is herein incorporated by reference Off-Street Parking Reduction
In accordance with Section 21.40.110 (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 Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC. The following findings and facts in support of such findings are set forth:
Finding:
G. 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); Facts in Support of Finding:
1. Under existing conditions, the Restaurant requires 43 parking spaces, at a parking rate
of one space per 40 square feet of net public area and for their outdoor patio (1,719I 40 = 42.97). With the proposed expansion, the Restaurant requires 58 parking spaces. This parking requirement is set by using a rate of one space required per every 40 gross square feet of net public area (2,313 / 40 = 57.82), as provided in Table 21.40-1 (Off-
Street Parking Requirements) of Section 21.40.040 (Off-Street Parking Spaces
Required) and Section 21.40.050(C) (Parking Requirements for Shopping Centers) of the NBMC. 2. There are a variety of existing uses within The Landing, which include multiple eating
and drinking establishments, retail stores, a grocery store, a nail salon, and a bank. The
gross floor area of eating and drinking establishments within The Landing exceed 15% of the overall gross floor area. Per Section 21.40.050 (Parking Requirements for Shopping Centers) of the NBMC, shopping centers where eating and drinking establishments occupy more than 15% of the gross floor area of the center shall use a
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parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. Parking requirements calculated for each individual use results in a
parking requirement of 276 parking spaces, resulting in an overall deficit of 52 parking
spaces (276 - 224 = 52). 3. To help offset some of the parking lost to the expanded outdoor patio, Condition of Approval No. 19 requires that the Applicant stripe two additional parking spaces behind
the Pavilion’s grocery store.
4. To permit the Project, a parking waiver of 52 spaces is required. This waiver includes all spaces waived through previous approvals and the additional physical spaces lost to the patio expansion, the additional code-required parking for the expanded outdoor dining
patio, and parking spaces that have been lost through the installation of shopping cart
corrals by Pavilions. . 5. A parking study, dated July 9, 2024, has been provided by RK Engineering Group, Inc (“Parking Study"). The Parking Study establishes a parking demand by providing parking
counts during typical off-season operations and weather conditions on a Thursday,
Friday, and Saturday. The observed peak parking demand occurred on Saturday, November 19, 2022, where approximately 137 parking spaces out of 224 available spaces were occupied (61%utilization). During the summer, parking on the Balboa Peninsula is heavily impacted with beach visitors. However, the shopping center actively
enforces a "no beach parking" policy and regularly tows violators from the parking lot,
which mitigates the impacts during peak seasons. The Project is located close to the beach, which typically generates higher volumes of patrons who travel to the shopping center by means of rideshare, walking or bicycling.
6. The Parking Study concludes that on-site parking provided in The Landing is adequate
to accommodate the Project. However, in compliance with Section 21.40.110(C) (Adjustments to Off-Street Parking Requirements – Parking Management Plan) of the NBMC, a parking management plan has been prepared in case the Project’s parking supply needs to be better utilized. The plan includes future considerations for providing
a dedicated rideshare pick up and drop off area, setting parking duration limits and
enforcement through a parking patrol service, providing secure bicycle parking, and encouraging employees to park away from entrances to restaurants and shops. If necessary, The Landing will provide a valet service during days and hours of high parking demand.
Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).
Fact in Support of Finding: While the Parking Study concludes that on-site parking provided at The Landing is adequate to accommodate the Project. A parking management plan has been prepared
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in compliance with Section 21.40.110(C) (Adjustments of Off-Street Parking Requirements – Parking Management Plan) of the NBMC, in case the site's parking
supply needs to be better utilized. The plan includes future considerations for providing
a dedicated rideshare pick up and drop off area, setting parking duration limits and enforcement through a parking patrol service, providing secure bicycle parking, and encouraging employees to park away from entrances to restaurants and shops. If necessary, The Landing will provide a valet service during days and hours of high
parking demand.
Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits – Finding and
Decision) of the NBMC, the Planning Commission must make the following findings to approve
a Coastal Development Permit (“CDP”) as follows: Finding:
I. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. Pursuant to Section 21.20.020 (Commercial Coastal Zoning District Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments with no late
hours are allowed in the Commercial Neighborhood (CN) Coastal Zoning District. 2. The Project consists of expansion of an existing permitted restaurant in an established commercial shopping center.
3. The Restaurant, along with The Landing, provides visitor-serving uses that serve beach visitors along the area. Since the existing parking lot is sufficient for the observed parking demand, the expansion of the outdoor dining patio is not expected to generate parking spill over into public streets or impact public parking for beach visitors.
4. The Property is located approximately 150 feet south from a public beach access location identified by the Coastal Land Use Plan. However, the Project is located within an existing shopping center and consists of expansion of the existing outdoor dining patio into the adjacent parking lot in front of the restaurant. There are no impacts to
public access to the beach.
Finding: J. 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.
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Facts in Support of Finding:
1. The Property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are located along the West Lido Channel and are not visible from the site. The Project does not include any modifications that would modify the existing site in a way that would encroach into any viewshed of the beach. Additionally, the Project does not contain any
unique features that would degrade the visual quality of the coastal zone.
2. The Landing is approximately 475 feet from the ocean. There are multiple public parking options for visitors that are in closer proximity to the Project, such as the public parking lots along Newport Boulevard, street parking on Newport Boulevard, and other
residential streets within the immediate area. As previously discussed, the expansion
creates an additional 21-space parking deficit for The Landing, which is adequately addressed by the submitted Parking Study. The anticipated parking demand is expected to be accommodated on-site and would not impact surrounding public street parking in the area, thereby avoiding potential impacts to coastal access
SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) and 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.
2. The Planning Commission of the City of Newport Beach hereby approves PA2023-0141, subject to the conditions set forth 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 in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program) of the NBMC.
4. This resolution supersedes Conditional Use Permit No. 2019-035 and Coastal Development Permit No. CD2020-001 (PA2019-160), which upon vesting of the rights authorized by PA2023-0141, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF AUGUST, 2024.
AYES:
NOES: ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair BY:_________________________
Tristan Harris, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plan stamped and dated with the date of this approval (except as modified by applicable
conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this CUP.
4. This CUP and CDP 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP and CDP or the processing of a new permit may be required.
6. The hours of operation shall be 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 shall be 6:30 a.m. to 10:00 p.m., daily.
7. Alcohol shall not be served before 9:00 a.m. daily.
8. The interior net public area of the restaurant shall be limited to 1,213 square feet.
9. The exterior patio shall be limited to 1,403 square feet.
10. The bar counter shall have a maximum of 15 seats.
11. The restaurant, including but not limited to all dining areas, bar area, and outdoor dining
patio, shall have a maximum of 144 seats.
12. Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays
and Saturdays.
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13. There shall be a maximum of two performers at any given time.
14. All live entertainment performances shall be acoustic only and shall not be amplified in
any form. There shall be no DJ present at any time.
15. There shall be no dancing.
16. There shall be no stage constructed. Performances shall not block exit paths of travel.
17. Live entertainment shall be limited to the interior of the restaurant only. No performances
shall occur outside of the restaurant, including within the outdoor dining patio area.
18. All windows and doors shall remain closed during performances.
19. The Applicant shall construct two additional off-street parking spaces within Zone 4 of
The Landing shopping center parking lot, as shown in Exhibit B-2 of the Parking Study prepared by RK Engineering Group, Inc., dated July 9, 2024.
20. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits.
21. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
22. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.
23. 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 time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45 dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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24. 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 the leasing agent.
25. 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 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or
Holidays.
26. No outside paging system shall be utilized in conjunction with this establishment. 27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
28. 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. 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure.
30. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City.
31. 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). 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this CUP. 33. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such permits.
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34. 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 Newport Beach
Municipal Code. 35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Chihuahua Cerveza Patio Expansion including, but not limited to,
PA2023-0141. 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 Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorney’s fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division
36. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
37. The Applicant shall provide the required number of accessible parking spaces based on the total number of parking spaces provided in the parking lot. (11B-208.2 CBC 2022).
38. Exits separation shall comply with CBC 1007.1.1.
39. The Applicant shall provide an accessible path of travel from parking and public right of way to the TI space (11B-202.4 CBC 2022).
40. Where provided, at least one of each type of sales counter and service counter shall
comply with Section 11B-904.4. Where counters are dispersed throughout the building or facility, counters complying with Section 11B-904.4 also shall be dispersed. (CBC 11B-227.3).
41. A portion of the counter surface that is 36 inches (914 mm) long minimum and 34 inches
(864 mm) high maximum above the finish floor shall be provided. A clear floor or ground space complying with Section 11B-305 shall be positioned for a parallel approach adjacent to the 36 inch (914 mm) minimum length of counter (CBC 11B-904.4.1).
39
42. Provide 5% minimum of one accessible seat for each type of seating.
43. Where food or drink is served for consumption at a counter exceeding 34 inches (864 mm)
in height, a portion of the main counter 60 inches (1525 mm) minimum in length shall be provided in compliance with Section 11B-902.3. (CBC 11B-226.3) Fire Department
44. The patio shall have two exits. Exits cannot enter back into the building and shall exit to the public way. 45. Extending assembly use to the exterior may require fire sprinklers to extend to the patio
area. The new exterior trellis shall be submitted to NBFD for review. Public Works Department 46. Substantial barriers (K-rail or water filled barricades) shall be provided between the
seating area, drive aisle and adjacent parking spaces. Substantial barriers shall not
encroach into the required dimensions of the drive aisle and adjacent parking spaces. 47. There shall be a minimum 5-feet of space around all overhead facilities, such as poles and 15-feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad mounted transformers, etc.
48. Seating or structures below overhead conductors and/or under the “drip line” shall be prohibited.
49. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc. 50. Expanded outdoor dining area shall adhere to the SCE clearance Decal examples provided in Attachment No. ZA 4 (See Emergency Limited Term Permit Extension
PA2022-0275. Police Department 51. The Alcoholic Beverage Control License shall be limited to a Type 47 (On Sale General
– Eating Place). Any substantial change in the ABC license type shall require
subsequent review and potential amendment of the Conditional Use Permit. 52. 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 Conditional
Use Permit. 53. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within
40
60 days of hire. This training must be updated every three 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.
54. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 55. 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.
56. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee. 57. The full menu food service shall be available for ordering at all times that the restaurant establishment is open for business.
58. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 59. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed.
60. The applicant shall install and maintain a physical barrier to the outdoor patio between any area used and adjacent common pedestrian walkways in accordance with the requirements of the State Department of Alcoholic Beverage Control.
61. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control.
62. 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. 63. 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.
41
64. “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).
65. Strict adherence to maximum occupancy limits is required. 66. The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
67. An Operator License is required pursuant to Chapter 5.25 of the NBMC. At the discretion of the Chief of Police or the Community Development Director, the current OL may be subject to amendment for additional and/or more restrictive conditions (such as a
security plan) to regulate and control potential nuisances associated with the operation
of the establishment. 68. 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. 69. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding
the subject property and adjacent properties during business hours, if directly related to
the patrons of the establishment.
42
Attachment No. PC 2
Applicant's Project Description
43
INTENTIONALLY BLANK PAGE44
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, 224-
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 are as follows: 2,616 square feet of gross
floor area, a reduction of the allowed interior net public area from 1,446 square feet to 1,213 square-feet (to match the as-built condition per PC0333-2021) and an increase in allowed outdoor dining patio size from 626 square feet to 1,403 square feet (NPA). The resulting net public areas require 13 additional parking spaces when combined with the
net loss of 8 parking spaces a 21-parking space waiver is 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.
45
The new outdoor dining patio will be a permanent structure. The patio will be delineated by a raised steel/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 21 spaces. Currently, the existing temporary outdoor patio displaces 8 parking spaces,
and the parking lot provides 224 spaces (232 spaces minus 8). 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 proposed on-site parking space count will be 224 spaces (224 spaces are currently provided because the
temporary patio covers 8 spaces). Therefore, the requested reduction of off-street parking
is for 21 spaces. Please refer to the parking study prepared by RK Engineering for additional details. Table 1 – Parking Inventory
Number of Spaces Notes
Parking Lot – Striped Spaces 232 Current striping if temporary patio
removed
Existing Parking with Temporary Patio 224 Temporary Patio displaces 8 spaces
Proposed Parking Spaces 224 Permanent patio displaces 10
spaces and 2 spaces are added in Zone 4
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. Live entertainment is not proposed for the outdoor patio.
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:
46
Conditional Use Permit– amend Conditional Use Permit No. UP2019-035 to allow the
expansion of the permanent outdoor dining area with alcohol service (Type 47) 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 21-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
Commercial) Coastal Zoning District and to allow a 21-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 2, 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 2
Gross Floor Area Net Public Area Outdoor Patio Area (NPA) Seating
Existing (As built) 2.616 1,213 498 98
Approved 2,616 1,446 626 114 Proposed 2,616 1,213 1,403 144
47
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 and is not permitted on the outdoor dining areas. 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
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 13 required off-street parking spaces. Therefore, when combined with the 8 parking spaces being displaced, a parking waiver of 21 spaces is requested. Table 3 – Required Parking
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 42.75
Proposed 2,616 1,225 1,403 306. 1,000 2,213 53.33
Parking - Patio Expansion +13
48
A parking study dated March 14, 2024, 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 224 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: 224 spaces Maximum observed utilization: 137 spaces Remaining Available Parking: 87 spaces Maximum Utilization: 61%
*Please refer to parking study for additional details.
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.
49
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Attachment No. PC 3
Project Plans
51
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59
INTENTIONALLY BLANK PAGE60
Attachment No. PC 4
Police Department Memorandum
61
INTENTIONALLY BLANK PAGE62
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: David Lee, Senior Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: January 1, 2024
SUBJECT: Chihuahua
3107 Newport Blvd.
PA2023-0141
At your request, the Police Department has reviewed the project application for Chihuahua,
located at 3107 Newport Blvd., Newport Beach. The applicant is seeking a Use Permit to make
their temporary outdoor patio permanent. No other changes are proposed. If approved, the
current Operator License should be updated to incorporate the permanent patio use and any
new conditions imposed in the Use Permit. The applicant must submit an updated security plan.
Statistical Data
Attached is a summary report which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant’s current place of business at
3107 Newport Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract as compared
to the County’s per capita ratio.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20th Street to 37th Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the “Crime Count” which is indicated on the attached statistical
data form.
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the
residents as well as the Police Department. This reporting district is reported to ABC as a high
63
Chihuahua
PA2023-0141
2
crime area as compared to other reporting districts in the City. The RD’s Crime Count is 642,
444% over the City-wide crime count average of 118. 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 found to have undue concentration. In comparison,
neighboring RD 13 (8th Street to 20th Street) is 117% above the City-wide average, RD 16 (37th
Street to 54th Street) is 15% above and RD 25 (North of Coast Hwy between Newport Blvd. and
Irvine Blvd.) is 31% above the City-wide crime count average. Of 38 reporting districts in Newport
Beach, we reported 13 to ABC as high crime areas in 2023.
The highest volume crime in this area is aggravated assault and the highest volume arrest in the
area is Disorderly Intoxication. DUI, Public Intoxication, and liquor law violations make up 37%
of arrests in this reporting district. In comparison, the figure for neighboring RD 13 is 23%, RD
16 is 19% and RD 25 is 25%.
Alcohol License Statistics:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale retail licenses. That is a per
capita ratio of 1 license for every 76 residents. Per the Business and Professions code, we must
compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the
county, the area is deemed to have an undue concentration of alcohol licenses.
Dispatch Events / Calls for Service
There were 25 Calls for Service the restaurant in 2022 and 27 in 2023. A review of all calls
revealed most were not related to the restaurant, rather the restaurant’s address was used to
geographically tag the general area. The calls reveal no concerns that would indicate poor
business practices. No calls were due to the temporary patio or a blatant over-consumption of
alcoholic beverages.
Discussion and Recommendations
The Police Department has no concerns with this project. Should the project be approved, the
Police Department requests the following or similar conditions be added to the Use Permit.
1. The hours of operation for the exterior patio are 6:30 a.m. to 10:00 p.m., daily.
2. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request. The area shall include the outdoor patio
area.
3. The applicant shall install and maintain a physical barrier to the outdoor patio between
any area used and adjacent common pedestrian walkways in accordance with the
requirements of the State Department of Alcoholic Beverage Control.
4. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
64
Chihuahua
PA2023-0141
3
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
5. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, 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.
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
65
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
3107 Newport Blvd.25 1 0 N/A N/A 1 0 0 0 N/A 0
Subject RD:
RD15 8,707 547 275 19,591.69 AGGRAVATED
ASSAULT 453 53 113 1 DISORDERLY
CONDUCT 102
Adjacent RD:
RD13 4,674 246 74 14,918.13 THEFT/LARCENY 167 5 32 1 NARCOTICS 36
Adjacent RD:
RD16 3,198 155 46 6,551.14 THEFT/LARCENY 94 4 14 0 NARCOTICS 47
Adjacent RD:
RD25 3,390 174 58 6,194.38 THEFT/LARCENY 83 14 7 0 NARCOTICS 6
Newport Beach 101,169 5,103 1,434 5,886.22 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 312
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
3107 Newport Blvd.N/A 2 N/A 0 N/A 2 N/A 3107 Newport
Blvd.2 N/A N/A
Subject Census
Tract: 635 4,938 65 76 6 823 71 70 Subject RD:
RD15 642 +524 +444%
Adjacent Census
Tract: 628 3,806 26 146 5 761 31 123 Adjacent RD:
RD13 256 +138 +117%
Adjacent Census
Tract: 636.03 6,450 6 1,075 5 1,290 11 586 Adjacent RD:
RD16 136 +18 +15%
Adjacent Census
Tract: 634 4,776 17 281 0 0 17 281 Adjacent RD:
RD25 155 +37 +31%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,484
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes 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).
Summary for Chihuahua Cerveza at 3107 Newport Blvd. (RD15)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPH L. CARTWRIGHT
NEWPORT BEACH POLICE DEPARTMENT
2022 CRIME AND ALCOHOL-RELATED STATISTICS
as of 07/18/2023
66
Attachment No. PC 5
Parking Study
67
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69
July 9, 2024
THE LANDING
Mr. Luke Johnston
BOARDWALK INVESTMENTS GROUP
1945 Placentia Avenue, Bldg. D
Costa Mesa, CA 92627
Subject: The Landing Observed Parking Analysis, City of Newport Beach
Dear Mr. Johnston:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this parking analysis for The
Landing shopping center located at the southwest corner of Newport Boulevard at 32nd
Street in the City of Newport Beach, as shown in Exhibit A. The shopping center site plan is
shown in Exhibit B.
The site currently provides a total of 224 on-site parking spaces. Parking for the shopping
center is shared globally by tenants and visitors on a surface parking lot. Parking for the
project is monitored and controlled by a security service that ensures the parking spaces are
being utilized by shopping center customers only.
Photos of the study area are available in Appendix A.
Project Background
In August 2020, Chihuahua Cerveza, located within the shopping center, applied to
expand its use into an adjacent suite and add 367 square feet of outdoor seating area.
(Based on Planning Commission Resolution (PC) 2020-036, the maximum allowance for the
interior net public area was 1,446 square feet. Even though the project was approved for
1,446 square feet of net interior public area and 1,213 square feet were built. The
difference between the approved and as-built net interior public area is 233 square feet
less than the approved project.
The outdoor patio area was approved for up to 626 square feet and was built at 498
square feet. The difference between the approved outdoor dining area (626 square feet)
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RK 17789.1
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2
and the as-built outdoor dining area (498 square feet) is equal to 128 fewer square feet or
3 parking spaces at a rate of 1 space per 40 square feet of net public area.
An observed parking study was completed for the shopping center in October 2020 by RK
and approved by the Planning Commission on October 22, 2020. The results of the
observed parking study concluded that the shopping center provides adequate parking to
accommodate the Chihuahua Cerveza expansion and outdoor seating area. A parking
management plan was also included in the 2020 parking analysis.
Proposed Project
The project, Chihuahua Cerveza, currently has 498 square feet of existing outdoor seating
area, and during the COVID-19 pandemic, an additional 867 square feet of outdoor
seating area was temporarily approved and is currently in operation. Representatives of the
project now propose to make the COVID-19 outdoor patio (867 square feet) a permanent
feature of the restaurant. Consequently, the total existing outdoor seating area is 1,365
square feet, resulting in the displacement of 8 parking spaces.
The as-built interior net public area of the restaurant consisting of 1,213 square feet will
remain unchanged.
Furthermore, in addition to the existing 1,365 square feet of outdoor patio area,
representatives are proposing to add 38 square feet of additional outdoor patio space. This
would bring the total outdoor patio space to 1,403 square feet of net public area,
requiring the displacement of a total of 10 parking spaces (2 more spaces than currently
displaced). To compensate for the additional parking displacement, 2 employee parking
spaces are planned to be added at the back of the shopping center behind the Pavilions.
As a result, the proposed project will consist of 1,213 square feet of net interior public area
and 1,403 square feet of net public area outdoor patio.
As Chihuahua Cerveza's representatives are proposing to convert the temporary patio area
into a permanent feature of the restaurant, it is necessary to conduct an updated parking
study to assess the sufficiency of parking within the Landing Shopping Center.
RK staff completed a field review of the shopping center to confirm existing conditions. At
the time of the observed parking survey, all leasable areas within the shopping center were
(100%) occupied with no vacant tenant space. A list of the existing tenants within The
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RK 17789.1
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3
Landing shopping center is provided in Table 1. Table 1 also shows details on the existing
uses such as the size of each use and the hours of operation.
The primary objective of this parking analysis is to determine if the proposed use can be
accommodated without creating an on-site parking deficiency within the shopping center.
This will be accomplished by completing the following tasks:
1. Determination of Required Parking per City Code: Calculate the parking
spaces required for the existing shopping center and the total patio expansion area
with 100% tenant occupancy per City of Newport Beach Municipal Parking Code
(Section 20.40-050) (See Table 1).
2. Observed Parking Demand Counts: To determine the parking demand of the
existing site more accurately, obtain observed parking counts at The Landing
Shopping Center to determine the actual parking demand of the existing site and
land use mix (See Tables 2-5). Compare the observed parking count results with the
2020 parking analysis.
When compared to the parking demand calculated through the City’s Municipal Parking
Code, the observed parking counts are expected to provide a more accurate and realistic
expectation of the site’s parking demand that more precisely considers the characteristics
and dynamics of the site such as shared parking, modal adjustment of the patrons, etc. The
peak observed parking demand counts for the existing site are shown in Tables 2, 3, and 4
and are summarized in Table 5.
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4
Project Description
The Landing shopping center currently consists of mixed retail and restaurant uses totaling
approximately 47,812 square feet of gross floor area (excluding outdoor dining and patio
areas). The shopping center is 100% tenant-occupied with no vacancies. The existing total
gross floor area is based on the most recent development plan for the site and is consistent
with the 2020 observed parking study completed by RK. The Landing shopping center
currently provides a total of 224 parking spaces, which are shared globally by tenants and
visitors within a surface parking lot.
Chihuahua Cerveza is an existing 2,616 gross square feet full-service restaurant within The
Landing shopping center. The restaurant currently has 498 square feet of existing outdoor
seating area, and during the COVID-19 pandemic, an additional 867 square feet of
outdoor seating area was temporarily approved and is currently in operation.
Representatives of the project now propose to make the COVID-19 outdoor patio (867
square feet) a permanent feature of the restaurant. Consequently, the total existing
outdoor seating area would be 1,365 square feet, resulting in the displacement of 8
parking spaces.
Alcohol will continue to be served in the patio area and live entertainment will be limited to
the inside of the restaurant per conditions of approval within Planning Commission (PC)
2020-036.
Even though the project was approved for 1,446 square feet of net interior public area,
1,213 square feet were built and remain unchanged.
Furthermore, in addition to the existing 1,365 square feet of outdoor patio area,
representatives are proposing to add thirty-eight (38) square feet of additional outdoor
patio space. This would bring the total outdoor patio space to 1,403 square feet, requiring
the displacement of a total of ten (10) parking spaces (2 more spaces than currently
displaced). To compensate for the additional parking displacement, two (2) parking spaces
are planned to be added at the back of the shopping center behind the Pavilions. The
parking spaces are consistent with the parking design standards for the city.
As a result, the proposed project will consist of 1,213 square feet of net interior public area
and 1,403 square feet of outdoor patio area.
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5
Summary of Parking Inventory
Number of Spaces Notes
Parking Lot – Striped Spaces 232 Current striping if temporary patio removed
Existing Parking with Temporary
Patio 224 Temporary patio displaces 8 parking spaces
Proposed Permanent Patio 224 Permanent patio displaces 10 spaces and 2
spaces are added in Zone 4.
The floor plan is provided in Exhibit B-1. Exhibit B-2 identifies the location of the two (2)
new spaces located in Zone 4.
Location & Modal Options
The project is ideally situated within walking distance of retail shops, commercial spaces,
restaurants, bars, and tourist attractions. The location is also convenient for pedestrian
traffic, public transit, ridesharing, and bicycles throughout the year, which helps reduce the
project's parking demand.
Given the variety of nearby destinations and the availability of public parking, noncaptive
parking is common. This type of parking refers to scenarios where visitors or employees
park once and visit multiple destinations within the area. For instance, a visitor might dine
at a restaurant, then shop at a nearby retail store, or enjoy an ice cream, all without
generating additional parking demand for each activity. Consequently, the strategic
location of the project and its proximity to various amenities significantly reduce the overall
parking demand for the site.
The site experiences a significant increase in bicycle and pedestrian traffic on warm weather
days. Located in a densely populated area, many customers cycle or walk to the shopping
center, coming from local residences or visiting as tourists from the beach.
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6
Table 1: Required Parking per The City of Newport Beach Municipal Code
Table 1 identifies the proposed conditions, land use mix, and hours of operation for The
Landing shopping center. The shopping center is currently 100% percent occupied with no
tenant vacancies.
As shown in Table 1, the gross floor area of all existing and proposed eating and drinking
establishments exceeds fifteen (15) percent of the gross floor area of the shopping center
(15.27%).
Per Section 21.40.050 of the City’s parking code, for shopping centers where the gross
floor area of all eating and drinking establishments exceeds fifteen (15) percent of the
gross floor area of the shopping center, the total parking required for the site needs to be
determined based on the sum of parking required for each specific land use on the site.
The City of Newport Beach Municipal Parking Code is included in Appendix B.
As also shown in Table 1, under the proposed conditions, and based on the City of
Newport Beach Municipal Parking Code, the site would require 276 parking spaces. Since
the site has a total of 224 parking spaces, assuming implementation of the proposed
project, the site would have a parking deficiency of approximately 52 spaces (equivalent to
a deficiency of 19%).
Based on the 2019 observed parking data and the data identified in this report, the site has
ample parking spaces.
Chihuahua Cerveza received a parking waiver (Planning Commission Resolution (PC) 2020-
036) for an outdoor patio area with an allowance of up to 626 square feet. The temporary
outdoor patio area has been expanded to 1,365 square feet. From a code-required
parking perspective, the project is seeking a parking waiver for the difference between the
approved (interior 1,446 square feet, temporary outdoor 626 square feet) to the proposed
(interior 1,213 square feet, outdoor 1,403 square feet) (15 spaces) and the displacement of
eight (8) parking spaces due to the outdoor patio area which is equal to 23 additional
parking spaces per code. The table below indicates the difference between the approved,
existing, and proposed parking requirements:
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RK 17789.1
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7
Approved, Existing & Proposed Parking Requirements
Outdoor
Patio
Area (S.F.)1
25% of Interior
Net Public Area (S.F.)
Amount of Outdoor
Area Requiring
Parking (S.F.)
Approved
Chihuahua Cerveza 2,616 1,446 626 362 264 1,710 42.75
Existing
Chihuahua Cerveza 2,616 1,213 1,365 303 1,000 2,213 56.88
Proposed Chihuahua Cerveza 2,616 1,213 1,403 303 1,000 2,213 57.83
Increase of Parking Requirement(Proposed - Approved)+15
Gross Floor
Area (S.F)
Interior Net
Public Area
(S.F.)
Outdoor Patio Total Area
for Parking
Calculations
(S.F.)
Parking Code
Number of
Spaces
Required
1 per 40 sq.ft of net public area,
including outdoor dining areas 25%
of the interior net public area or
1,000 sq.ft whichever is less
The GFA and outdoor dining area are calculated from the information provided by the City of Newport Beach and the
applicant.
In summary, the parking waiver is being applied to the difference between the approved
patio area and the proposed patio area which is being calculated in this report.
Furthermore, while the City adopted new parking standards for restaurants as part of Ord
2023-6, these new standards are pending approval of the California Coastal Commission
for properties within the Coastal Zone. Therefore, the parking requirements utilized in this
report are consistent with the current standards and are correct.
Tables 2-5: Observed Parking Demand Results (November 2022)
To more accurately determine the parking required for the existing site and land use mix,
RK conducted a detailed parking survey of the site on Thursday, November 17th, Friday,
November 18th, and Saturday, November 19th, 2022, from 7:00 AM to 9:00 PM at one-
hour intervals. Even though some tenants might still be operating after 9:00 PM, as shown
in the observed parking demand counts, the site parking demand significantly winds down
after 9:00 PM. Hence, the observed time frame captures the site’s peak parking demand.
November 2022 observed parking counts were obtained at the site which is 100% tenant
occupied while the Chihuahua Cerveza temporary 1,365 square feet patio was in
operation. Representatives of the project are proposing to expand the outdoor patio area
by 38 square feet and reduce the interior space by 233 square feet. Based on the increase
of outdoor square feet, there is no additional required parking due to the 1,000 square
feet requirement per the city’s parking code.
The parking survey was conducted in November during typical weekday and weekend
business operations and during clear weather conditions. The parking counts were
conducted by an independent third party (Counts Unlimited, Inc.). The number of parked
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8
cars within the study area was determined hourly. During the parking survey, no customer
vehicles were observed parking off-site along the local streets.
The project site was divided into four (4) parking zones to distinguish the demand at
different areas within the center. Parking zones help identify areas where there is high
parking demand and areas that are under-parking within the shopping center. A manual
parking supply count of the study area was completed at the time of the parking demand
observations and confirmed a total of 224 on-site parking spaces were provided.
The parking zones are shown in Exhibit C.
When compared to the 2020 parking study, the site had a total of 236 parking spaces.
Zones 1-4 consist of twelve (12) fewer parking spaces in total. Eight (8) parking spaces
were displaced by the Chihuahua Cerveza outdoor dining area and three (4) have been
removed to include shopping cart return areas.
When considering the proposed project, the expanded patio area will displace a total of
ten (10) parking spaces in Zone 3 (2 more spaces than currently displaced). To compensate
for the additional parking displacement, two (2) parking spaces are planned to be added at
the back of the shopping center behind the Pavilions in Zone 4. These proposed parking
spaces are consistent with the parking space dimensions required by the city and are
identified in Exhibit B The Landing Shopping Center Site Plan.
Tables 2, 3, and 4 show the results of the observed parking demand at the project site with
100% tenant occupancy and the Chihuahua Cerveza Temporary patio in operation.
Detailed observed parking demand count data sheets are contained in Appendix C.
As shown in Tables 2, 3, and 4, based on actual observed parking demand counts at the
existing site and the additional square feet of the expanded outdoor patio:
• Table 2: The observed peak parking demand on Thursday, November 17, 2022,
occurred at 12:00 PM, when approximately 130 vehicles were parked, resulting in
58% occupancy. Since the site has a parking capacity of 224 spaces, approximately
94 parking spaces were available during the peak demand time on Thursday.
• Table 3: The observed peak parking demand on Friday, November 18, 2022,
occurred at 2:00 PM when approximately 135 vehicles were parked, resulting in
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RK 17789.1
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9
60% occupancy. Since the site has a parking capacity of 224 spaces, approximately
89 parking spaces were available during the peak demand time on Friday.
• Table 4: The observed peak parking demand on Saturday, November 19, 2022,
occurred at 1:00 PM when approximately 137 vehicles were parked, resulting in
61% occupancy. Since the site has a parking capacity of 224 spaces, approximately
87 parking spaces were available during the peak demand time on Saturday.
Table 5 summarizes the results of the observed parking demand counts shown in Tables 2,
3, and 4.
The observed parking study provides parking data during typical off-season operations and
weather conditions on Thursday, Friday, and Saturday. During the summer, parking on the
Balboa Peninsula is heavily impacted by beach visitors. However, the shopping center
actively enforces a “no beach parking” policy and regularly tows violators from the parking
lot, which mitigates the impacts during peak seasons. The Project is located close to the
beach, which typically generates higher volumes of patrons who travel to the shopping
center utilizing rideshare, walking, or bicycling. The parking utilization analysis concludes
that the existing parking lot can accommodate all uses within the shopping center even
with the Project's increase in parking demand.
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RK 17789.1
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10
The table below compares the results of the observed parking demand analysis completed
in 2019 and 2022.
Comparison of Maximum Observed Parking Demand 2019 vs 2022
Month / Year
May-19 130 May 16th
at 3:00 PM 135 May 17th
at 1:00 PM 120 May 18th
at 3:00 PM & 6:00 PM
Nov-22 130 November 17th
at 12:00 PM 135 November18th
at 2:00 PM 137 November 19th
at 1:00 PM
Percent Change 0.00% Percent Change 0.00%Percent Change 14.17%
Thursday Friday Saturday
Peak Parking Demand (Zones 1-4)
Comparing the results of the May 2019 observed parking counts to the November 2022
observed parking counts, the 2022 weekday (Thursday & Friday) parking demand has not
changed, and the weekend (Saturday) parking demand is approximately 14% higher. Even
with the increase in parking demand at The Landing, there are enough parking spaces (87
spaces at peak time) available to accommodate the parking demands of the project, as
evident in both observed parking analyses.
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RK 17789.1
Page 11
11
Parking Management Plan
Based on the results of the observed parking analysis, the project continues to demonstrate
that the parking lot is being successfully managed with ample parking spaces available.
Planning Commission Resolution No. (PC) 2020-036 adopted the parking management
plan strategies from the 2020 Observed Parking Study. The parking management plan
strategies can be considered on an as-needed basis and are identified below:
1. Representatives should continue to monitor the parking demand at the site to
ensure the adequacy of parking. ON-GOING
2. Encourage employees to park their vehicles in the back of the shopping center
behind the Pavilions. ON-GOING
3. If needed, provide additional parking capacity through the implementation of valet
parking services during days and hours of high parking demand. Based on the
analysis conducted, more than adequate parking is expected to be provided after
the implementation of the proposed project.
4. provide a dedicated rideshare (Uber, Lyft, etc.) and a general pick-up and drop-off
area if needed.
5. Regulate the most convenient parking spaces to favor high priority uses such as
delivery vehicles and designate some parking spaces as short-term spaces for
convenience uses. These spaces are typically marked with green paint identifying
the stall. ON-GOING
6. If needed, set parking duration limits, and enforce the limits through the use of a
parking/security patrol service. ON-GOING
7. Encourage employees to park away from the entrances to the business located
within the shopping center to allow visitors to locate parking spaces conveniently.
ON-GOING
8. Provide bicycle parking. ON-GOING
80
THE LANDING
RK 17789.1
Page 12
12
9. Provide financial and other incentives to encourage the use of carpooling, public
transportation by employees, and alternative modes of transportation (i.e., walking,
bicycling, etc.). ON-GOING
10. Continue to utilize security personnel to keep non-site users from parking on the
site, especially during summertime. ON-GOING
81
THE LANDING
RK 17789.1
Page 13
13
Conclusion
Based on the results of the observed parking data identified in this report, The Landing
Shopping Center continues to provide adequate parking supply to accommodate the
existing parking demand at the site.
The entire shopping center requires 276 parking spaces per the City of Newport Beach
Municipal Parking Code, with a parking supply of 224 spaces, the center is deficient by 52
spaces. As evident in this parking analysis, the observed parking data identified in this
report (2024), shows a surplus of 87 parking spaces during peak parking demand times.
The site has sufficient parking spaces to support the proposed project.
RK Engineering Group, Inc. appreciates the opportunity to work with BOARDWALK
INVESTMENTS GROUP and the City of Newport Beach on this project. If you have any
questions regarding the analysis or would like further review, please do not hesitate to
contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
Attachments
rk17789.1.doc
JN:2830-2022-01
82
Exhibits
83
engineeringgroup, inc.engineering
Location Map
Exhibit A
Legend:
N
2830-2022-01
THE LANDING OBSERVED PARKING STUDY, City of Newport Beach, CA
= Chihuahua Cerveza
84
engineeringgroup, inc.engineering
The Landing Shopping Center Site Plan
Exhibit B
N
2830-2022-01
THE LANDING OBSERVED PARKING STUDY, City of Newport Beach, CA
32nd Street
Balboa Boulevard30th Street
Legend:
= Chihuahua Cerveza
85
engineeringgroup, inc.THE LANDING OBSERVED PARKING STUDY, City of Newport Beach, CA2830-2022-01engineeringNFloor PlanExhibit B-186
engineeringgroup, inc.THE LANDING OBSERVED PARKING STUDY, City of Newport Beach, CA2830-2022-01engineeringNTwo (2) New Parking SpacesExhibit B-287
engineeringgroup, inc.engineering
Parking Zones
Exhibit C
= Study Site
Legend:
N
2830-2022-01
THE LANDING OBSERVED PARKING STUDY, City of Newport Beach, CA
= Chihuahua Cerveza
Zone: 1
Zone: 2
Zone: 3
Zone: 4
88
Tables
89
Outdoor Patio
Area (S.F.)2
25% of Interior
Net Public Area
(S.F.)
Amount of
Outdoor Area
Requiring
Parking (S.F.)
3107 / 3109 Chihuahua Cerveza3
Monday -Wednesday 11AM-9PM
Thursday 10AM-9PM
Friday 10AM-10PM
Saturday 9AM-10PM
Sunday 9AM-9PM
Restaurant 2,616 5%1,213 1,403 303 1,000 2,213
1 per 40 sq.ft of net public area, including
outdoor dining areas 25% of the interior
net public area or 1,000 sq.ft whichever is
less
57.83 PA2023-0141
3142 Gina's Pizzerias*
SUNDAY-THURSDAY 11AM-9PM
FRIDAY-SATURDAY 11AM-10PM Restaurant 2,083 4%812 458 203 215 1,027
1 per 40 sq.ft of net public area, including
outdoor dining areas 25% of the interior
net public area or 1,000 sq.ft whichever is
less
26.68 UP2012-001 (PA2012-004)
3101 Chipotle Mexican Grill SUNDAY-SATURDAY 10:30AM-10PM Restaurant 1,700 4%500 336 125 211 711
1 per 40 sq.ft of net public area, including
outdoor dining areas 25% of the interior
net public area or 1,000 sq.ft whichever is
less
17.78 UP2010-017,OD2010-004 (PA2010-096)
3134 Cold Stone Monday-Sunday 11AM-10PM
Restaurant
(Take-Out Service -
Limited)
903 2%452 N/A N/A N/A 452 1 per 250 square feet 3.61
7,302 15.27%2,977 2,197 631 1,426 4,403 105.89
3119 / 3121 No Rest for Bridget
SUNDAY 11AM-6PM
MONDAY-WEDNESDAY 10AM-7PM
THURSDAY-FRIDAY 10AM-8PM
SATURDAY 10AM-7PM
Retail 2,375 5%N/A N/A N/A N/A 2,375 1 per 250 square feet 9.50
3100 Pavilions SUNDAY-SATURDAY 6AM-12AM Retail 28,221 59%N/A N/A N/A N/A 28,221 1 per 250 square feet 112.89 PLAN CHECK 1590-2010
3130 Pavilions Liquor SUNDAY-SATURDAY 6AM-12AM Retail 2,918 6%N/A N/A N/A N/A 2,918 1 per 250 square feet 11.68
3136 Victory Ebikes
Monday 12PM-6PM
Tuesday 10AM-6PM
Wednesday-Sunday 10AM-7PM
Retail 1,003 2%N/A N/A N/A N/A 1,003 1 per 250 square feet 4.02
3138 15th Street Surf Shop Monday-Sunday 9AM-8PM Retail 998 2%N/A N/A N/A N/A 998 1 per 250 square feet 4.00
3152 Chase Bank
MONDAY-FRIDAY 9AM-5PM
SATURDAY - Sunday Closed Office / Financial 4,000 8%N/A N/A N/A N/A 4,000 1 per 250 square feet 16.00 PLAN CHECK 1642-2010
3117 Newport Nails
MONDAY-FRIDAY 9AM-7PM
SATURDAY 9AM-6PM
SUNDAY 10AM-5PM
Nail Salon 900 2%N/A N/A N/A N/A 900 1 per 80 square feet 11.25
Storage N/A N/A Storage 95 0.20%N/A N/A N/A N/A 95 1 per 250 square feet 0.38
40,510 84.73%169.7
47,812 100%
275.61
276
224
-52
-18.87%
TOTAL RESTAURANT
NON-RESTAURANT (RETAIL, NAIL SALON, BANK, ETC)
TOTAL NON-RESTAURANT
Total Shopping Center Gross Floor Area
Total Required Parking Per Newport Beach Municipal Code
Total Required Parking Per Newport Beach Municipal Code (Rounded Up)
Total Number Parking Spaces Provided On-Site
Number of Parking Spaces Deficient Per Municipal Code
Percent of Parking Spaces Deficient Per Municipal Code
¹ Parking rates obtained from City of Newport Beach Municipal Parking Code Section 20.40.050
* = Gina's Pizza outdoor patio area reduced by 40 square feet as directed by the City.
3 The outdoor patio area has an existing 498 square feet of approved outdoor patio space. The interior net public area remains at 1,213 SF. During the COVID-19 pandemic, an additional 867 square feet of outdoor patio space was constructed (498+867 = 1,365 sf). Based on PC Resolution PC2020-036, parking for the 626 square feet of exterior patio area was waived. The
proposed project includes expanding the outdoor patio area by 38 square feet for a total of 1,403 square feet of outdoor patio area. As a result, the proposed project will consist of 1,213 square feet of net interior public area and 1,403 square feet of outdoor patio area.
² The GFA and outdoor dining area is calculated from the information provided by the City of Newport Beach and the applicant.
N/A = Not Applicable
RESTAURANT
Table 1
The Landing Shopping Center, Newport Beach
Required Parking Sec 20.40-050¹ (Proposed Conditions)
Suite Tenant Hours of Operation Land Use Gross Floor
Area (S.F)
Percent of
Gross Floor
Area
Interior Net
Public Area (S.F.)
Outdoor Patio Total Area
for Parking
Calculations
(S.F.)
Parking Code1 Number of
Spaces Required Discretionary Application No.
RK17789TB
JN:2830-2022-01 90
Time Zone 1 Zone 2 Zone 32 Zone 42 Total Parking
# of Parking Spaces 79 32 90 23 224
7:00 AM 11 20 12 6 49 22%175
8:00 AM 12 20 18 8 58 26%166
9:00 AM 20 17 20 8 65 29%159
10:00 AM 27 19 27 10 83 37%141
11:00 AM 38 21 36 11 106 47%118
12:00 PM 37 31 50 12 130 58%94
1:00 PM 39 23 44 11 117 52%107
2:00 PM 36 21 34 8 99 44%125
3:00 PM 31 16 35 10 92 41%132
4:00 PM 34 24 43 8 109 49%115
5:00 PM 33 28 39 9 109 49%115
6:00 PM 24 18 41 7 90 40%134
7:00 PM 20 15 44 8 87 39%137
8:00 PM 15 11 40 6 72 32%152
9:00 PM 7 12 23 3 45 20%179
Table 2
The Landing Shopping Center
Thursday, November 17, 20221
Observed Parking Survey Results with 100% Tenant Occupancy
Observed Parking Counts1,3
3 At the time of the observed parking analysis, Chihuahua Cerveza had a total of 1,365 square feet of outdoor patio space and 1,213 SF
of interior net public area. Representatives of the project are proposing to expand the outdoor patio area by 38 square feet and reduce
the interior space by 233 square feet. Based on the increase of outdoor square feet, there is no additional required parking due to the
1,000 square feet of net public area requirement per the parking code.
2 The proposed Chihuahua Cerveza outdoor patio area will displace 2 additional parking spaces to accommodate the 1,403 outdoor
patio. To offset the loss of 2 spaces, 2 new parking spaces are added in Zone 4 located in the back of the shopping center. As a result, 2
parking spaces are deleted from Zone 2 and 2 parking spaces are added to Zone 4.
¹ The parking counts were obtained during typical operations and weather conditions.
Percent of
Occupied
Parking
Spaces
Number of
Parking
Spaces
Available
RK17789TB
JN:2830-2022-01 91
Time Zone 1 Zone 2 Zone 32 Zone 42 Total Parking
# of Parking Spaces 79 32 92 21 224
7:00 AM 12 24 11 5 52 23%172
8:00 AM 18 23 13 8 62 28%162
9:00 AM 23 19 19 10 71 32%153
10:00 AM 35 25 30 8 98 44%126
11:00 AM 36 25 30 9 100 45%124
12:00 PM 42 25 43 12 122 54%102
1:00 PM 38 23 48 11 120 54%104
2:00 PM 43 27 51 14 135 60%89
3:00 PM 41 25 46 11 123 55%101
4:00 PM 47 26 34 11 118 53%106
5:00 PM 38 22 39 10 109 49%115
6:00 PM 32 20 56 7 115 51%109
7:00 PM 24 19 51 8 102 46%122
8:00 PM 16 19 36 6 77 34%147
9:00 PM 10 10 33 6 59 26%165
3 At the time of the observed parking analysis, Chihuahua Cerveza had a total of 1,365 square feet of outdoor patio space and 1,213 SF of
interior net public area. Representatives of the project are proposing to expand the outdoor patio area by 38 square feet and reduce the
interior space by 233 square feet. Based on the increase of outdoor square feet, there is no additional required parking due to the 1,000
square feet of net public area requirement per the parking code.
¹ The parking counts were obtained during typical operations and weather conditions.
2 The proposed Chihuahua Cerveza outdoor patio area will displace 2 additional parking spaces to accommodate the 1,403 outdoor patio.
To offset the loss of 2 spaces, 2 new parking spaces are added in Zone 4 located in the back of the shopping center. As a result, 2 parking
spaces are deleted from Zone 2 and 2 parking spaces are added to Zone 4.
Table 3
The Landing Shopping Center
Observed Parking Survey Results with 100% Tenant Occupancy
Friday, November 18, 20221
Percent of
Occupied
Parking
Spaces
Number of
Parking
Spaces
Available
Observed Parking Counts1,3
RK17789TB
JN:2830-2022-01 92
Time Zone 1 Zone 2 Zone 32 Zone 42 Total Parking
# of Parking Spaces 79 32 92 21 224
7:00 AM 16 20 12 4 52 23%172
8:00 AM 17 16 21 6 60 27%164
9:00 AM 26 24 25 7 82 37%142
10:00 AM 32 27 30 9 98 44%126
11:00 AM 35 23 36 11 105 47%119
12:00 PM 42 32 45 11 130 58%94
1:00 PM 49 29 48 11 137 61%87
2:00 PM 45 23 49 10 127 57%97
3:00 PM 45 31 42 9 127 57%97
4:00 PM 45 24 37 8 114 51%110
5:00 PM 31 22 35 10 98 44%126
6:00 PM 26 22 34 7 89 40%135
7:00 PM 23 15 46 5 89 40%135
8:00 PM 21 13 48 6 88 39%136
9:00 PM 11 12 41 5 69 31%155
3 At the time of the observed parking analysis, Chihuahua Cerveza had a total of 1,365 square feet of outdoor patio space and 1,213 SF
of interior net public area. Representatives of the project are proposing to expand the outdoor patio area by 38 square feet and reduce
the interior space by 233 square feet. Based on the increase of outdoor square feet, there is no additional required parking due to the
1,000 square feet of net public area requirement per the parking code.
¹ The parking counts were obtained during typical operations and weather conditions.
2 The proposed Chihuahua Cerveza outdoor patio area will displace 2 additional parking spaces to accommodate the 1,403 outdoor
patio. To offset the loss of 2 spaces, 2 new parking spaces are added in Zone 4 located in the back of the shopping center. As a result, 2
parking spaces are deleted from Zone 2 and 2 parking spaces are added to Zone 4.
Table 4
The Landing Shopping Center
Observed Parking Survey Results with 100% Tenant Occupancy
Saturday, November 19, 20221
Percent of
Occupied
Parking
Spaces
Number of
Parking
Spaces
Available
Observed Parking Counts1,3
RK17789TB
JN:2830-2022-01 93
Table Date Peak Time
Maximum Observed
Parking Demand
(All Parking Zones)
Site
Parking Capacity Peak Parking Utilization Available Parking
Spaces
2 Thursday, November 17, 2022 12:00 PM 130 224 58%94
3 Friday, November 18, 2022 2:00 PM 135 224 60%89
4 Saturday, November 19, 2022 1:00 PM 137 224 61%87
61%87
Table 5
Source : Observed parking counts conducted in November of 2022.
Maximum Observed Parking Demand
The Landing Shopping Center
Summary of Maximum Observed Parking Demand
RK17789TB
JN:2830-2022-01 94
Appendices
95
Appendix A
The Landing
Study Area Photos
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
Appendix B
City of Newport Beach Municipal Parking Code
(21.40.040)
112
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-1
Chapter 21.40 – Off-Street Parking
Sections: 21.40.010 Purpose 21.40.020 Applicability
21.40.030 Requirements for Off-Street Parking 21.40.040 Off-Street Parking Spaces Required 21.40.045 Bicycle Parking for Non-residential Developments 21.40.050 Parking Requirements for Shopping Centers 21.40.060 Parking Requirements for Food Service Uses 21.40.070 Development Standards for Parking Areas
21.40.110 Adjustments to Off-Street Parking Requirements 21.40.120 Parking Management Districts 21.40.130 In-Lieu Parking Fee 21.40.145 Preferential Parking Zones
21.40.010 – Purpose
The purpose of this chapter is to provide off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation;
D. Ensure access and maneuverability for emergency vehicles;
E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and
F. Provide transportation and parking requirements for new development to protect, maintain, and enhance public access in the Coastal Zone.
21.40.020 – Applicability A. Off-Street Parking Required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 21.38 (Nonconforming Uses and Structures) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and
113
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-2
structures shall not be occupied until improvements required by this chapter are satisfactorily completed.
B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off-street parking requirements of this chapter, except as allowed in Chapter 21.38 (Nonconforming Uses and Structures).
21.40.030 – Requirements for Off-Street Parking
A. Parking Required To Be On-Site. Parking shall be located on the same lot or development site as the uses served, except for the following: 1. Townhouses and Multi-Tenant Uses. Where parking is provided on another lot within the same development site, the parking shall be located within two hundred
(200) feet of the units they are intended to serve. 2. Off-Site Parking Agreement. Parking may be located off-site with the approval of an off-site parking agreement. B. Permanent Availability Required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than
parking or loading in conjunction with a seasonal or intermittent use. C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and
landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition. D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is
appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location. E. Calculation of Spaces Required. 1. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space. 2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a separate or individual seat. 3. Gross Floor Area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 4. Net Public Area. “Net public area” shall be defined as the total area accessible to the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas.
114
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-3
5. Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire
Department. 6. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. F. Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter shall be subject to the provisions of Section 21.38.060 (Nonconforming Parking).
21.40.040 Off-Street Parking Spaces Required.
Off-street parking spaces shall be provided in compliance with Table 21.40-1. Where the off-street parking spaces required is established by a coastal development permit, the review authority shall require sufficient data, including a parking demand study, from the applicant in order to make this determination. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area.
TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Industry, Manufacturing and Processing, Warehousing Uses
Food Processing 1 per 2,000 sq. ft.
Handicraft Industry 1 per 500 sq. ft.
Industry
Small—5,000 sq. ft. or less 1 per 500 sq. ft.
Large—Over 5,000 sq. ft. 1 per 1,000 sq. ft.
Industry, Marine-Related 1 per 750 sq. ft.
Personal Storage (Mini Storage) 2 for resident manager, plus additional for office as required by coastal development permit
Research and Development 1 per 500 sq. ft.
Warehousing and Storage
1 per 2,000 sq. ft., plus one per 350
sq. ft. for offices. Minimum of 10 spaces per use
Wholesaling 1 per 1,000 sq. ft.
115
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-4
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities 1 per 3 seats or one per 35 sq. ft. used for assembly purposes1
Commercial Recreation and Entertainment As required by coastal development permit
Cultural Institutions 1 per 300 sq. ft.
Schools, Public and Private As required by coastal development permit
Residential Uses
Accessory Dwelling Units 1 per unit; a minimum of 2 covered per site.
Single-Unit Dwellings—Attached 2 per unit in a garage
Single-Unit Dwellings—Detached and less than 4,000 sq. ft. of floor area 2 per unit in a garage
Single-Unit Dwellings—Detached and 4,000 sq. ft. or
greater of floor area 3 per unit in a garage
Single-Unit Dwellings—Balboa Island 2 per unit in a garage
Multi-Unit Dwellings—3 units
2 per unit covered, plus guest parking;
1—2 units, no guest parking required
3 units, 1 guest parking space
Multi-Unit Dwellings—4 units or more 2 per unit covered, plus 0.5 space per unit for guest parking
Two-Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage
Live/Work Units 2 per unit in a garage, plus 2 for guest/customer parking
Senior Housing—Market rate 1.2 per unit
Senior Housing—Affordable 1 per unit
Retail Trade Uses
Appliances, Building Materials, Home Electronics, Furniture, Nurseries, and Similar Large Warehouse-type Retail Sales and Bulk Merchandise Facilities
1st 10,000 sq. ft.—1 space per 300 sq. ft.
Over 10,000 sq. ft.—1 space per 500 sq. ft.
116
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-5
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Plus 1 per 1,000 sq. ft. of outdoor merchandise areas
Food and Beverage Sales 1 per 200 sq. ft.
Marine Rentals and Sales
Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft. of office area
Marine Retail Sales 1 per 250 sq. ft.
Retail Sales 1 per 250 sq. ft.
Shopping Centers 1 per 200 sq. ft. See Section
21.40.050
Service Uses—Business, Financial, Medical, and Professional
Convalescent Facilities 1 per 3 beds or as required by coastal development permit
Emergency Health Facilities 1 per 200 sq. ft.
Financial Institutions and Related Services 1 per 250 sq. ft.
Hospitals 1 per bed; plus 1 per resident doctor and 1 per employee.
Offices*—Business, Corporate, General, Governmental
First 50,000 sq. ft. 1 per 250 sq. ft. net floor area
Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area
Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area
* Not more than 20% medical office uses.
Offices—Medical and Dental Offices 1 per 200 sq. ft.
Outpatient Surgery Facility 1 per 250 sq. ft.
Service Uses—General
Adult-Oriented Businesses 1 per 1.5 occupants or as required by coastal development permit
Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces.
Animal Sales and Services
Animal Boarding/Kennels 1 per 400 sq. ft.
Animal Grooming 1 per 400 sq. ft.
117
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-6
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Animal Hospitals/Clinics 1 per 400 sq. ft.
Animal Retail Sales 1 per 250 sq. ft.
Artists’ Studios 1 per 1,000 sq. ft.
Catering Services 1 per 400 sq. ft.
Care Uses
Adult Day Care—Small (6 or fewer) Spaces required for dwelling unit only
Adult Day Care—Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit)
Child Day Care—Small (6 or fewer) Spaces required for dwelling unit only
Child Day Care—Large (9 to 14) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit)
Day Care—General 1 per 7 occupants based on maximum occupancy allowed per
license
Residential Care—General (7 to 14) 1 per 3 beds
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area, whichever is greater
Bars, Lounges, and Nightclubs
1 per each 4 persons based on allowed occupancy load or as
required by coastal development permit
Food Service with/without alcohol, with/without late hours
1 per 30—50 sq. ft. of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq. ft., whichever is less. See Section 21.40.060
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining areas
Take-Out Service—Limited 1 per 250 sq. ft.
Emergency Shelter 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 0.5 parking space
118
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-7
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
per bedroom designated for family units
Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area
Health/Fitness Facilities
Small—2,000 sq. ft. or less 1 per 250 sq. ft.
Large—Over 2,000 sq. ft. 1 per 200 sq. ft.
Laboratories (medical, dental, and similar) 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Services
Boat Storage—Dry 0.33 per storage space or as required
by coastal development permit
Boat Yards As required by coastal development
permit
Dry Docks 2 per dry dock
Entertainment and Excursion Services 1 per each 3 passengers and crew members
Marine Service Stations As required by coastal development permit
Sport Fishing Charters 1 per each 2 passengers and crew
members
Water Transportation Services—Office 1 per 100 sq. ft., minimum 2 spaces
Personal Services
Massage Establishments 1 per 200 sq. ft. or as required by coastal development permit
Nail Salons 1 per 80 sq. ft.
Personal Services, General 1 per 250 sq. ft.
Studio (dance, music, and similar) 1 per 250 sq. ft.
Postal Services 1 per 250 sq. ft.
Printing and Duplicating Services 1 per 250 sq. ft.
Recycling Facilities
Collection Facility—Large 4 spaces minimum, but more may be
required by the review authority
119
Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-8
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Collection Facility—Small As required by the review authority
Visitor Accommodations
Bed and Breakfast Inns 1 per guest room, plus 2 spaces
Hotels and accessory uses As required by coastal development permit
Motels 1 per guest room or unit
Recreational Vehicle Parks As required by coastal development permit
Time Shares As required by coastal development permit
Transportation, Communications, and Infrastructure Uses
Communication Facilities 1 per 500 sq. ft.
Heliports and Helistops As required by coastal development permit
Marinas 0.75 per slip or 0.75 per 25 feet of mooring space
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only 1 per 250 sq. ft.
Limited 1 per 300 sq. ft., plus 1 per rental vehicle (not including bicycles and similar vehicles)
Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area
Vehicles for Hire 1 per 300 sq. ft., plus 1 per each vehicle associated with the use and stored on the same site
Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by DMV
Vehicle/Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay, whichever is more
Vehicle/Equipment Services
Automobile Washing 1 per 200 sq. ft. of office or lounge area; plus queue for 5 cars per washing station
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-9
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Service Station 1 per 300 sq. ft. or 5 per service bay, whichever is more; minimum of 4
Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per service bay
Vehicle Storage 1 per 500 sq. ft.
Other Uses
Caretaker Residence 1 per unit
Special Events As required by Chapter 11.03
Temporary Uses As required by the coastal development permit in compliance with Chapter 21.52
1. The 1 per 3 seats standard should be used for areas with fixed setting and the 1 per 35 sq. ft. standard should be used for areas with no fixed seating.
21.40.045 – Bicycle Parking for Non-residential Developments A. Applicability. The bicycle parking standards of this section shall be required for new
non-residential developments with gross floor areas of ten thousand (10,000) square feet or more.
B. Number Required. Five (5) percent of the number of off-street parking spaces required. C. Design Requirements. For each bicycle parking space required, a stationary object shall
be provided to which a user can secure the bicycle with a user-provided cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.
21.40.050 – Parking Requirements for Shopping Centers
A. An off-street parking space requirement of one space for each two hundred (200) square feet of gross floor area may be used for shopping centers meeting the following criteria:
1. The gross floor area of the shopping center does not exceed 100,000 square feet; and
2. The gross floor area of all eating and drinking establishments does not exceed fifteen (15) percent of the gross floor area of the shopping center.
B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 21.40.040 (Off-Street Parking Spaces Required).
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-10
C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than fifteen (15) percent of the gross floor
area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center.
21.40.060 – Parking Requirements for Food Service Uses
A. Establishment of Parking Requirement. The applicable review authority shall establish the off-street parking requirement for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon the following considerations: 1. Physical Design Characteristics. a. The gross floor area of the building or tenant space;
b. The number of tables or seats and their arrangement; c. Other areas that should logically be excluded from the determination of net public area; d. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas;
e. Availability of guest dock space for boats; and f. Extent of outdoor dining. 2. Operational Characteristics.
a. The amount of floor area devoted to live entertainment or dancing;
b. The amount of floor area devoted to the sale of alcoholic beverages; c. The presence of pool tables, big screen televisions or other attractions;
d. The hours of operation; and e. The expected turnover rate. 3. Location of the Establishment. a. In relation to other uses and the waterfront; b. Availability of off-site parking nearby; c. Amount of walk-in trade; and d. Parking problems in the area at times of peak demand.
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-11
B. Conditions of Approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement,
the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above.
21.40.070 – Development Standards for Parking Areas
Parking areas shall be developed in compliance with the following requirements. A. Parking Space Standards. Parking spaces shall be designed to provide have adequate dimensions, clearances, and access to insure their use. B. Alley Access. Development on lots or parcels with alley access shall be designed such
that access to on-site parking spaces is accessed by the abutting alley. 1. Exceptions. The reviewing authority may grant an exception on lots: a. Where the width of the abutting alley is not sufficient to provide maneuvering space for access; or b. Where the provision of access by abutting streets would not result in the
loss of on-street parking spaces. C. Driveways. Project and subdivision designs shall minimize the number of curb cuts for
driveways. Existing curb cuts shall be closed to create public on-street parking wherever feasible. D. Parking Configuration/Management. Parking configurations and/or parking management programs that are difficult to maintain and enforce shall not be permitted.
21.40.110 – Adjustments to Off-Street Parking Requirements
The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures.
A. Reduction of Required Off-Street Parking. Off-street parking requirements may be reduced as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced in compliance with the following conditions:
a. 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); and
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-12
b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required off-street parking may be reduced where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands (e.g., a theater and a bank). The review authority may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the
same parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the applicant’s expense.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-street parking requirements shall be approved that impacts public parking available for coastal access.
21.40.120 – Parking Management Districts Properties within a parking management district may be exempted from all or part of the off-street
parking requirements of this chapter in compliance with the provisions of the adopted parking management district plan.
21.40.130 – In-Lieu Parking Fee The number of parking spaces required by Section 21.40.040 (Off-Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in-lieu fee to be paid by the applicant towards the development of public parking facilities. The in-lieu fee shall be paid to the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution.
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-13
21.40.145 – Preferential Parking Zones A. Establishment. The City Council may designate, by ordinance, certain residential
streets or alleys or any portions thereof, as preferential parking zones for the benefit of
residents adjacent thereto, in which zone vehicles displaying a permit or other authorized
indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked
or noticed.
B. Coastal Development Permit Required. A coastal development permit approved by
the City Council shall be required to establish a new or modify an existing preferential
parking zone in the Coastal Zone.
C. Establishment of Preferential Parking Zones. Each preferential parking zone shall be
designated only upon the City Council finding:
1. That such zone is required to enhance or protect the quality of life in the area of the
proposed zone threatened by noise, traffic hazards, environmental pollution or
devaluation of real property resulting from long-term nonresidents parking, that
such zone is necessary to provide reasonably available and convenient parking for
the benefit of the adjacent residents; and
2. That the proposed zone is desirable to alleviate traffic congestion, illegal parking
and related health and safety problems; and
3. That the establishment of the preferential parking zone will not have a direct impact
to coastal access.
D. Criteria for Determination of Findings. The findings referred to in Subsection (C) shall
be based upon the following criteria, supported by substantial evidence in the record and
established to the satisfaction of the City Council:
1. The parking in the area by nonresidents does substantially and regularly interfere
with the use of the majority of the available public street or alley parking spaces by
adjacent residents;
2. That the interference by the nonresidents parking referred to above occurs at
regular and significant daily or weekly intervals;
3. That nonresidents parking is a source of unreasonable noise, traffic hazards,
environmental pollution or devaluation of real property in the area of the proposed
zone;
4. That the majority of households and property owners adjacent to the proposed
zone desire, agree to or request preferential parking privileges;
5. That no unreasonable displacement of nonresident vehicles will occur in
surrounding residential areas;
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Newport Beach LCP Implementation Plan – CCC Draft 1 Page 21.40-14
6. That public rights of access to, and along the shoreline and coastal blufftops are
not directly impacted, including impacts to the use and capacity of public parking;
7. That consideration was given to the availability of, and opportunities for, alternative
modes of transportation;
8. That a shortage of reasonably available and convenient residentially related
parking spaces exists in the area of the proposed zone; and
9. That no alternative solution is feasible or practical.
E. Periodic Review. Coastal development permits establishing preferential parking zones
shall be periodically reviewed and, if necessary, modified, to insure that the criteria used to
establish the preferential parking zone reflect current conditions.
F. Parking Permits.
1. Number. A maximum of four (4) annual permits for preferential parking may be
issued for each qualified dwelling unit to any qualified applicant.
2. Fees. Permit fees shall be established by resolution of the City Council and shall
be progressive for dwelling units with multiple permits.
3. Use of Funds. Permit fees collected for preferential parking in the Coastal Zone
shall be deposited into a special fund to be used to fund programs to mitigate
impacts to coastal access and parking facilities.
126
Appendix C
Observed Parking Count Data
127
Time Zone 1
Regular
Zone 1
Hanicap
Zone 1
Green Curb
Zone 2
Regular
Zone 2
Pick Up
Zone 3
Regular
Zone 3
Handicap
Zone 3
Green Curb
Zone 4
Employee Lot
Total
Parking
# of Parking Spaces 65 4 10 29 3 86 4 2 21 224
7:00 AM 11 0 0 20 0 12 0 0 6 49 22%175
8:00 AM 12 0 0 20 0 18 0 0 8 58 26%166
9:00 AM 20 0 0 17 0 20 0 0 8 65 29%159
10:00 AM 23 2 2 19 0 27 0 0 10 83 37%141
11:00 AM 35 2 1 21 0 36 0 0 11 106 47%118
12:00 PM 30 2 5 31 0 49 0 1 12 130 58%94
1:00 PM 35 2 2 23 0 43 0 1 11 117 52%107
2:00 PM 36 0 0 21 0 34 0 0 8 99 44%125
3:00 PM 30 1 0 15 1 35 0 0 10 92 41%132
4:00 PM 31 1 2 24 0 43 0 0 8 109 49%115
5:00 PM 32 0 1 27 1 38 0 1 9 109 49%115
6:00 PM 23 1 0 17 1 38 2 1 7 90 40%134
7:00 PM 18 1 1 15 0 42 1 1 8 87 39%137
8:00 PM 13 1 1 11 0 38 0 2 6 72 32%152
9:00 PM 7 0 0 12 0 23 0 0 3 45 20%179
¹ The parking counts were obtained during typical operations and weather conditions
Percent of
Occupied
Parking
Spaces
Number of
Parking
Spaces
Available
The Landing Shopping Center
Thursday, November 17, 2022
Observed Parking Counts1
Observed Parking Survey Results
128
Time Zone 1
Regular
Zone 1
Hanicap
Zone 1
Green Curb
Zone 2
Regular
Zone 2
Pick Up
Zone 3
Regular
Zone 3
Handicap
Zone 3
Green Curb
Zone 4
Employee Lot
Total
Parking
# of Parking Spaces 65 4 10 29 3 86 4 2 21 224
7:00 AM 10 0 2 23 1 11 0 0 5 52 23%172
8:00 AM 18 0 0 23 0 13 0 0 8 62 28%162
9:00 AM 23 0 0 19 0 19 0 0 10 71 32%153
10:00 AM 35 0 0 25 0 28 2 0 8 98 44%126
11:00 AM 35 0 1 24 1 29 0 1 9 100 45%124
12:00 PM 38 0 4 23 2 40 3 0 12 122 54%102
1:00 PM 36 0 2 22 1 46 0 2 11 120 54%104
2:00 PM 39 1 3 25 2 49 1 1 14 135 60%89
3:00 PM 39 0 2 24 1 44 1 1 11 123 55%101
4:00 PM 43 0 4 25 1 33 0 1 11 118 53%106
5:00 PM 32 2 43 22 0 39 0 0 10 148 66%76
6:00 PM 30 1 1 19 1 56 0 0 7 115 51%109
7:00 PM 22 1 1 18 1 51 0 0 8 102 46%122
8:00 PM 16 0 0 18 1 36 0 0 6 77 34%147
9:00 PM 9 1 0 9 1 33 0 0 6 59 26%165
¹ The parking counts were obtained during typical operations and weather conditions
The Landing Shopping Center
Observed Parking Survey Results
Friday, November 18, 2022
Observed Parking Counts1
Percent of
Parking
Spaces
Occupied
Number of
Parking
Spaces
Available
129
Time Zone 1
Regular
Zone 1
Hanicap
Zone 1
Green Curb
Zone 2
Regular
Zone 2
Pick Up
Zone 3
Regular
Zone 3
Handicap
Zone 3
Green Curb
Zone 4
Employee Lot Total Parking
# of Parking Spaces 65 4 10 29 3 86 4 2 21 224
7:00 AM 16 0 0 20 0 12 0 0 4 52 23%172
8:00 AM 16 0 1 16 19 2 0 6 60 27%164
9:00 AM 23 1 2 23 1 24 1 0 7 82 37%142
10:00 AM 30 1 1 25 2 29 1 0 9 98 44%126
11:00 AM 33 1 1 22 1 35 1 0 11 105 47%119
12:00 PM 39 1 2 29 3 43 1 1 11 130 58%94
1:00 PM 46 1 2 26 3 45 2 1 11 137 61%87
2:00 PM 37 2 6 21 2 44 4 1 10 127 57%97
3:00 PM 42 0 3 29 2 41 1 0 9 127 57%97
4:00 PM 37 2 6 23 1 36 1 0 8 114 51%110
5:00 PM 30 1 0 21 1 32 2 1 10 98 44%126
6:00 PM 26 0 0 20 2 32 1 1 7 89 40%135
7:00 PM 22 0 1 15 0 46 0 0 5 89 40%135
8:00 PM 20 0 1 13 0 48 0 0 6 88 39%136
9:00 PM 11 0 0 11 1 41 0 0 5 69 31%155
¹ The parking counts were obtained during typical operations and weather conditions
Table 4
The Landing Shopping Center
Observed Parking Survey Results
Saturday, November 19, 2022
Observed Parking Counts1
Percent of
Parking
Spaces
Occupied
Number of
Parking
Spaces
Available
130
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Kelly Ribuffo, Consultant Planner
Date: August 7, 2024
Re: Item No. 2 – Chihuahua Cerveza Patio Expansion (PA2023-0141)
Chihuahua Cerveza is currently approved for live entertainment within the interior of the restaurant as part of Conditional Use Permit No. UP2019-035 and Coastal Development Permit No. CD2020-001 (PA2019-160). The applicant has not proposed any changes to the
permission for live entertainment, and staff has recommended approval of the project with current operational limitations in place.
If approved, proposed Draft Resolution No. PC2024-015 for PA2023-0141 will supersede the previous use permit and coastal development permit. Therefore, all relevant conditions from the previous approval are included in the draft resolution.
Upon review of the draft resolution, it was discovered that one condition (Condition No. 16 of Resolution No. PC2020-036) was incorrectly transcribed to the draft resolution from the previous project approval.
Condition No. 12 of the draft resolution currently reads:
“Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on
Tuesdays and Saturdays.”
The revised condition language now reads as follows:
“Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays and Saturdays, and 11:00 a.m. to 2:00 p.m. on Sundays. Additional live
entertainment may be permitted during holidays, including Cinco de Mayo, with the
approval of the Community Development Director.”
A redline/strikeout version of the draft resolution is attached showing the corrected conditional language.
Enclosures: Revised Draft Resolution No. PC2024-015
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
RESOLUTION NO. PC2024-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO EXPAND THE OUTDOOR DINING PATIO OF AN EXISTING RESTAURANT OPERATING WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL BEVERAGE
CONTROL LICENSE SUPERCEDING USE PERMIT NO. UP2019-35AND WAIVE A PORTION OF THE OFF-STREET PARKING REQUIREMENT FOR THE PROPERTY LOCATED AT 3107 NEWPORT BOULEVARD (PA2023-0141)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Boardwalk Investment Group (“Applicant”), with respect to
property located at 3107 Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 2009-135, as per map filed in Book 371, Pages 4 through 6 of Parcel Maps, in the office of the County Recorder in the County of Orange, California ("Property") requesting approval of a conditional use permit and coastal development permit.
2. The Applicant proposes to expand the outdoor dining patio of an existing restaurant, Chihuahua Cerveza (“Restaurant”). The Restaurant currently operates with 1,213 square feet of interior net public area, 498 square feet of permanent outdoor dining patio, and 867 square feet of temporary outdoor dining patio. The Applicant will reconfigure the patio
areas to create one 1,403-square-foot permanent, outdoor dining patio (“Project”). The Applicant requests to waive the additional parking spaces required for the patio expansion. Alcohol service would be extended to the entire outdoor dining patio through the Restaurant’s existing Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (“ABC”) license. Proposed hours of operation are from 6:30 a.m. to 10:00 p.m.
Sunday to Thursday, and 6:30 a.m. to 11:00 p.m. Friday and Saturday, however the outdoor dining patio will close nightly at 10 p.m. The Restaurant is currently approved for live entertainment within the interior of the restaurant and no changes are proposed to the live entertainment. Approval of the Project would supersede Use Permit No. UP2019-035 (PA2019-160).
3. The Property is categorized as Neighborhood Commercial (CN) by the Land Use Element of the General Plan and is located within the Commercial Neighborhood (CN) Zoning District.
4. The Property is located within the coastal zone. The Property is categorized as Neighborhood Commercial (CN) (0.0 – 0.3 FAR) by the Coastal Land Use Plan and is located in the Commercial Neighborhood (CN) Coastal Zoning District.
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
Planning Commission Resolution No. PC2024-015 Page 2 of 20
5. A public hearing was held on August 8, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was
given in accordance with California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New 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. 2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The Project consists of the expansion of the outdoor dining
patio of an existing restaurant to no more than 1,403 square feet within an urbanized
area. The size of the expanded outdoor patio is well below the 10,000-square-foot floor area limitation for the Class 3 exemption. To construct the expanded outdoor patio, the Project will require minor alterations to the existing paved parking lot entirely within a privately owned shopping center. While the Project increases the size of the outdoor
dining patio, the additional capacity is a negligible expansion of use in comparison to
the surrounding shopping center.
3. The exceptions to these categorical exemptions 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, and is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Permit Requirements) of the
NBMC, the findings and facts in support of such findings are set forth as follows:
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
Planning Commission Resolution No. PC2024-015 Page 3 of 20
Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales). Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in Reporting District 15 (“RD 15”). RD 15 is the highest crime area in
Newport Beach and has significant quality-of-life concerns for the residents and the
Newport Beach Police Department (“NBPD”). The RD’s Crime Count is 642, 444% over the citywide crime count average of 118. 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 found to have
undue concentration. In comparison, neighboring RD 13 (8th Street to 20th Street)
is 117% above the citywide average, RD 16 (37th Street to 54th Street) is 15% above, and RD 25 (north of Coast Highway between Newport Boulevard and Irvine Boulevard) is 31% above the citywide crime count average. RD 15 contains many visitor- and tourist-serving nonresidential uses along Newport Boulevard, including
restaurants with alcohol service. The Restaurant is located within The Landing
shopping center (“The Landing”), which includes a Pavilion’s grocery store, other eating and drinking establishments, retail, and service uses. Within The Landing, Chipotle Mexican Grill and Gina's Pizza provide alcohol service to patrons. Other nearby eating and drinking establishments such as Wild Taco, Helmsman Alehouse,
Woody's Diner, Bear Flag Fish Company, Fable and Spirits, Malarky's, and Session's
West Coast Deli also provide alcohol service to patrons.
2. The NBPD has reviewed the proposed outdoor patio expansion. Based on the location, operational characteristics, and closing hours, the NBPD has no objection
to the proposed expansion of the outdoor patio for the existing Type 47 ABC License,
subject to appropriate conditions of approval, which are included in Exhibit “A” attached to this resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 is reported to ABC as a high crime area as compared to other reporting districts in the city. The highest volume crime in this area is aggravated assault. The highest volume arrest in the area is for disorderly intoxication. DUI, public
intoxication, and liquor law violations make up 37% of arrests in this reporting district.
However, the area is considered an attractive tourist area destination, which results in a higher number of alcohol-related calls for service, crimes and arrests.
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
Planning Commission Resolution No. PC2024-015 Page 4 of 20
2. According to the NBPD memorandum, there were 25 calls for service to the Restaurant in 2022 and 27 in 2023. A review of all calls however revealed that most
were not related to the Restaurant, rather the Restaurant’s address was used to
geographically tag the general area. The calls reveal no concerns that would indicate poor business practices. No calls were due to the temporary patio currently in operation or a blatant over-consumption of alcoholic beverages. Therefore, the NBPD has no concerns with the proposed application. All conditions of approval
provided by the NBPD have been incorporated into the Resolution.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. Although the Project abuts a residential district, the Property is situated in a commercial zoning district and within The Landing. Residential neighborhoods are located to the north, east, and south of The Landing. To the west, there are additional commercial uses. The Property is located approximately 800 feet from St. James
Church on 32nd Street, approximately 1,000 feet from 38th Street Park, and
approximately 750 feet from the beach. Due to the distances to these locations, the Restaurant’s expansion is not expected to negatively impact these uses where minors are present.
2. The Project is not in proximity to a daycare center, recreational facility, school, or
similar uses that attract minors. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.
1. The Property is located in Census Tract 635, which has 71 active retail alcohol licenses and a population of approximately 4,938 residents. This represents a per capita ratio of one license for every 70 residents. Orange County has a per capita ratio of one license for every 557 residents. Because the Tract exceeds the ratio of
on-sale retail licenses to population for the County, the area is deemed to have an
undue concentration of alcohol licenses. However, it is noted that concentration levels have decreased in the census tract since the business was first granted an ABC Type 47 License in 2020, when there were 88 active retail alcohol licenses and a per capita ratio of one license for every 65 residents.
2. Several other establishments along Newport Boulevard currently have active ABC Licenses, most of which are for bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the NBMC. The closest establishment selling alcoholic beverages for on-site consumption is Chipotle located
at 3101 Newport Boulevard, which is directly next to the Restaurant. Chipotle has a
Type 41 (On-Sale Beer and Wine - Eating Place) ABC license.
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
Planning Commission Resolution No. PC2024-015 Page 5 of 20
3. The Project’s proximity to other establishments selling alcohol does not raise concern due to the limited characteristics of the use. Condition of Approval No. 55
requires the quarterly gross sales of alcoholic beverages to not exceed the gross
sales of food during the same period and Condition of Approval No. 54 explicitly prohibits the establishment from operating as a bar, lounge, or nightclub.
4. Although the per capita ratio of on-sale alcohol licenses to residents is higher than
the average in Orange 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 maintain an operator’s license will ensure compatibility with the surrounding uses and minimize alcohol related impacts.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. The Landing has historically provided restaurant spaces and there are no objectionable
conditions presently occurring at the Property. On one occasion during the COVID-19
pandemic, the Restaurant was found to be in violation of social distancing requirements. However, the Restaurant amended their emergency temporary use permit to relocate their dining area and cooperated with the City to comply with social distancing requirements in place at the time. There is no evidence that suggests the expanded
patio will create objectionable conditions.
2. The Project has been reviewed by the NBPD. The NBPD has provided conditions of approval related to alcohol service. The conditions of approval help to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The NBPD does
not anticipate detrimental conditions due to the proposed limited operational characteristics and conditions. 3. Condition of Approval No. 53 requires the owners, managers, and employees selling
alcohol undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol. This should help ensure that no patron is overserved and that objectionable conditions are avoided. 4. The Project does not propose any modifications to previous conditions of approval
imposed for live entertainment. Conditions of Approval No. 11 through 18 of this
resolution continue to limit the hours of operation, number of entertainers, restrict entertainment to interior only, and prohibit dancing.
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
Planning Commission Resolution No. PC2024-015 Page 6 of 20
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The Property is categorized as Neighborhood Commercial (CN) by the Land Use Element of the General Plan. CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of nearby residents and maintain compatibility with residential uses in
the immediate area.
2. The Project is an expansion of the outdoor patio of an existing Restaurant. Eating and drinking establishments with alcohol service are consistent with the CN designation. The Restaurant will continue to provide a service to the surrounding neighborhood that
residents can easily access, and the expanded patio will help maintain the operation of
a vibrant commercial asset within the area. 3. Condition of Approval No. 6 requires the indoor dining area close by 10:00 p.m. on Sunday through Thursday, and 11:00 p.m. on Friday and Saturday with the outdoor patio
closing by 10:00 pm, nightly. These closing times are not considered late hours. By
forgoing late hours, the use should be compatible with adjacent residential units and the nearby neighborhood. 4. The Property is not a part of a specific plan area.
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 located in the Commercial Neighborhood (CN) Zoning District and coastal zoning districts, which are intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to
serve primarily the needs of and maintain compatibility with residential uses in the
immediate area. Eating and drinking establishments with alcohol service are allowed uses, subject to the approval of a use permit.
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2. The Restaurant offers both alcohol service and live entertainment. Pursuant to Section 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site
Consumption in Combination with Late Hours, Entrainment, and/or Dance) of the
NBMC, the business is required to obtain an operator license. The Restaurant obtained an operator license pursuant to Conditional Use Permit No. UP2019-035 (PA2019-160). Condition of Approval No. 67 allows the current operator’s license to be updated at the discretion of the Chief of Police or the Community Development Director.
3. On May 23, 2023, the Newport Beach City Council adopted Ordinance No. 2023-6, which amended the parking standards citywide, including Section 20.40.050 (Parking Requirements for Shopping Centers) of the NBMC and Resolution No. 2023-27 which amended the parking standards within the coastal zone. However, these new standards
are pending review with the California Coastal Commission and have yet to be adopted
as part of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Therefore, parking requirements were calculated based on the rates and standard in effect prior to adoption of Ordinance No. 2023-6 and Resolution No. 2023-27.
4. Related to NBMC mandated parking requirements, Facts 1 through 5 in support of
Finding G are incorporated by reference. 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 Project involves an existing restaurant located within an existing shopping center
known as The Landing. The expanded patio does not introduce a new use and will complement the existing mix of retail, service, and restaurant uses in the immediate area.
2. The Restaurant is in a suite within The Landing oriented toward 32nd Street. There are
residential units located north of 32nd Street which could be impacted by noise from the Restaurant. However, the outdoor dining patio is buffered from the residential units by The Landing’s parking lot and the width of 32nd Street, a distance of over 210 feet. Live entertainment is restricted to the interior of the Restaurant to prevent excess noise from
impacting nearby residential uses and Condition of Approval No. 18 requires the
windows be closed during performances. 3. The design of the outdoor dining patio complements the existing architecture of The Landing, including the scale of the structure and materials and colors chosen for the
construction.
4. Fact 2 in support of Finding A(v) is herein incorporated by reference. 5. Fact 3 in support of Finding B is herein incorporated by reference.
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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 Landing includes a large, centrally located, surface parking lot that serves all tenants within the center. Modifications to the parking lot will meet city standards for parking space size and configuration and will provide adequate access and accessibility compliant with the California Building Code.
2. The Applicant is required to obtain Orange County Health Department approval to ensure the safety and welfare of customers and employees. 3. The Project was reviewed by the Fire, Public Works and Building Departments. It was
determined that adequate public and emergency vehicle access is provided.
4. The Project was reviewed by the Public Works Department. It was determined that adequate public services and utilities are provided to the Property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the
building permit.
5. The tenant improvements to the Property will be reviewed to comply with all Building, Public Works, and Fire Codes. All City ordinances 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 and outdoor patio are oriented toward 32nd Street. While there are
residential units located across 32nd Street, the outdoor dining area will be buffered by The Landing’s parking lot and the street. The restaurant and outdoor patio are not oriented toward the residential uses abutting the Property, which are behind Pavilion’s. to the southwest. The other abutting use is Malarky’s Irish Pub.
2. The Project includes conditions of approval to help ensure potential conflicts with the surrounding land uses are minimized to the greatest extent possible. For example, Conditional of Approval No. 14 requires that all live entertainment be acoustic only and it explicitly prohibits DJs.
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3. Condition of Approval No. 69 requires the operator take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment. 4. The restaurant provides dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol complements the
principal use of the facility as a restaurant and provide an economic opportunity for the
Owner to maintain a successful business in a way that best serves the community. 5. Fact 3 in support of Finding B is herein incorporated by reference.
6. Fact 3 in support of Finding A(v) is herein incorporated by reference
7. Fact 5 in support of Finding D is herein incorporated by reference Off-Street Parking Reduction
In accordance with Section 21.40.110 (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 Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC. The following findings and facts in support of such findings are set forth:
Finding:
G. 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); Facts in Support of Finding:
1. Under existing conditions, the Restaurant requires 43 parking spaces, at a parking rate
of one space per 40 square feet of net public area and for their outdoor patio (1,719I 40 = 42.97). With the proposed expansion, the Restaurant requires 58 parking spaces. This parking requirement is set by using a rate of one space required per every 40 gross square feet of net public area (2,313 / 40 = 57.82), as provided in Table 21.40-1 (Off-
Street Parking Requirements) of Section 21.40.040 (Off-Street Parking Spaces
Required) and Section 21.40.050(C) (Parking Requirements for Shopping Centers) of the NBMC. 2. There are a variety of existing uses within The Landing, which include multiple eating
and drinking establishments, retail stores, a grocery store, a nail salon, and a bank. The
gross floor area of eating and drinking establishments within The Landing exceed 15% of the overall gross floor area. Per Section 21.40.050 (Parking Requirements for Shopping Centers) of the NBMC, shopping centers where eating and drinking establishments occupy more than 15% of the gross floor area of the center shall use a
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parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. Parking requirements calculated for each individual use results in a
parking requirement of 276 parking spaces, resulting in an overall deficit of 52 parking
spaces (276 - 224 = 52). 3. To help offset some of the parking lost to the expanded outdoor patio, Condition of Approval No. 19 requires that the Applicant stripe two additional parking spaces behind
the Pavilion’s grocery store.
4. To permit the Project, a parking waiver of 52 spaces is required. This waiver includes all spaces waived through previous approvals and the additional physical spaces lost to the patio expansion, the additional code-required parking for the expanded outdoor dining
patio, and parking spaces that have been lost through the installation of shopping cart
corrals by Pavilions. . 5. A parking study, dated July 9, 2024, has been provided by RK Engineering Group, Inc (“Parking Study"). The Parking Study establishes a parking demand by providing parking
counts during typical off-season operations and weather conditions on a Thursday,
Friday, and Saturday. The observed peak parking demand occurred on Saturday, November 19, 2022, where approximately 137 parking spaces out of 224 available spaces were occupied (61%utilization). During the summer, parking on the Balboa Peninsula is heavily impacted with beach visitors. However, the shopping center actively
enforces a "no beach parking" policy and regularly tows violators from the parking lot,
which mitigates the impacts during peak seasons. The Project is located close to the beach, which typically generates higher volumes of patrons who travel to the shopping center by means of rideshare, walking or bicycling.
6. The Parking Study concludes that on-site parking provided in The Landing is adequate
to accommodate the Project. However, in compliance with Section 21.40.110(C) (Adjustments to Off-Street Parking Requirements – Parking Management Plan) of the NBMC, a parking management plan has been prepared in case the Project’s parking supply needs to be better utilized. The plan includes future considerations for providing
a dedicated rideshare pick up and drop off area, setting parking duration limits and
enforcement through a parking patrol service, providing secure bicycle parking, and encouraging employees to park away from entrances to restaurants and shops. If necessary, The Landing will provide a valet service during days and hours of high parking demand.
Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).
Fact in Support of Finding: While the Parking Study concludes that on-site parking provided at The Landing is adequate to accommodate the Project. A parking management plan has been prepared
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in compliance with Section 21.40.110(C) (Adjustments of Off-Street Parking Requirements – Parking Management Plan) of the NBMC, in case the site's parking
supply needs to be better utilized. The plan includes future considerations for providing
a dedicated rideshare pick up and drop off area, setting parking duration limits and enforcement through a parking patrol service, providing secure bicycle parking, and encouraging employees to park away from entrances to restaurants and shops. If necessary, The Landing will provide a valet service during days and hours of high
parking demand.
Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits – Finding and
Decision) of the NBMC, the Planning Commission must make the following findings to approve
a Coastal Development Permit (“CDP”) as follows: Finding:
I. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. Pursuant to Section 21.20.020 (Commercial Coastal Zoning District Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments with no late
hours are allowed in the Commercial Neighborhood (CN) Coastal Zoning District. 2. The Project consists of expansion of an existing permitted restaurant in an established commercial shopping center.
3. The Restaurant, along with The Landing, provides visitor-serving uses that serve beach visitors along the area. Since the existing parking lot is sufficient for the observed parking demand, the expansion of the outdoor dining patio is not expected to generate parking spill over into public streets or impact public parking for beach visitors.
4. The Property is located approximately 150 feet south from a public beach access location identified by the Coastal Land Use Plan. However, the Project is located within an existing shopping center and consists of expansion of the existing outdoor dining patio into the adjacent parking lot in front of the restaurant. There are no impacts to
public access to the beach.
Finding: J. 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.
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Facts in Support of Finding:
1. The Property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are located along the West Lido Channel and are not visible from the site. The Project does not include any modifications that would modify the existing site in a way that would encroach into any viewshed of the beach. Additionally, the Project does not contain any
unique features that would degrade the visual quality of the coastal zone.
2. The Landing is approximately 475 feet from the ocean. There are multiple public parking options for visitors that are in closer proximity to the Project, such as the public parking lots along Newport Boulevard, street parking on Newport Boulevard, and other
residential streets within the immediate area. As previously discussed, the expansion
creates an additional 21-space parking deficit for The Landing, which is adequately addressed by the submitted Parking Study. The anticipated parking demand is expected to be accommodated on-site and would not impact surrounding public street parking in the area, thereby avoiding potential impacts to coastal access
SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) and 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.
2. The Planning Commission of the City of Newport Beach hereby approves PA2023-0141, subject to the conditions set forth 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 in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program) of the NBMC.
4. This resolution supersedes Conditional Use Permit No. 2019-035 and Coastal Development Permit No. CD2020-001 (PA2019-160), which upon vesting of the rights authorized by PA2023-0141, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF AUGUST, 2024.
AYES:
NOES: ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair BY:_________________________
Tristan Harris, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plan stamped and dated with the date of this approval (except as modified by applicable
conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this CUP. 4. This CUP and CDP 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP and CDP or the processing of a new permit may be required.
6. The hours of operation shall be 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 shall be 6:30 a.m. to 10:00 p.m., daily.
7. Alcohol shall not be served before 9:00 a.m. daily.
8. The interior net public area of the restaurant shall be limited to 1,213 square feet.
9. The exterior patio shall be limited to 1,403 square feet.
10. The bar counter shall have a maximum of 15 seats.
11. The restaurant, including but not limited to all dining areas, bar area, and outdoor dining
patio, shall have a maximum of 144 seats.
12. Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays
and Saturdays. , and 11:00 a.m. to 2:00 p.m. on Sundays. Additional live entertainment
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may be permitted during holidays, including Cinco de Mayo, with the approval of the
Community Development Director.”
13. There shall be a maximum of two performers at any given time.
14. All live entertainment performances shall be acoustic only and shall not be amplified in
any form. There shall be no DJ present at any time.
15. There shall be no dancing.
16. There shall be no stage constructed. Performances shall not block exit paths of travel.
17. Live entertainment shall be limited to the interior of the restaurant only. No performances
shall occur outside of the restaurant, including within the outdoor dining patio area.
18. All windows and doors shall remain closed during performances.
19. The Applicant shall construct two additional off-street parking spaces within Zone 4 of
The Landing shopping center parking lot, as shown in Exhibit B-2 of the Parking Study
prepared by RK Engineering Group, Inc., dated July 9, 2024. 20. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits. 21. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
22. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning Division.
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23. 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 time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial
property
45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45 dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
24. 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 the leasing agent.
25. 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 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or
Holidays.
26. No outside paging system shall be utilized in conjunction with this establishment. 27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
28. 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. 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure.
30. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City.
31. 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
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with the provisions of Title 14, including all future amendments (including Water Quality related requirements).
32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this CUP.
33. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such
permits.
34. 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 Newport Beach
Municipal Code.
35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Chihuahua Cerveza Patio Expansion including, but not limited to, PA2023-0141. 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 Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorney’s fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition. Building Division
36. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit.
37. The Applicant shall provide the required number of accessible parking spaces based on the total number of parking spaces provided in the parking lot. (11B-208.2 CBC 2022). 38. Exits separation shall comply with CBC 1007.1.1.
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39. The Applicant shall provide an accessible path of travel from parking and public right of
way to the TI space (11B-202.4 CBC 2022).
40. Where provided, at least one of each type of sales counter and service counter shall comply with Section 11B-904.4. Where counters are dispersed throughout the building or facility, counters complying with Section 11B-904.4 also shall be dispersed. (CBC 11B-
227.3).
41. A portion of the counter surface that is 36 inches (914 mm) long minimum and 34 inches (864 mm) high maximum above the finish floor shall be provided. A clear floor or ground space complying with Section 11B-305 shall be positioned for a parallel approach adjacent
to the 36 inch (914 mm) minimum length of counter (CBC 11B-904.4.1).
42. Provide 5% minimum of one accessible seat for each type of seating. 43. Where food or drink is served for consumption at a counter exceeding 34 inches (864 mm)
in height, a portion of the main counter 60 inches (1525 mm) minimum in length shall be
provided in compliance with Section 11B-902.3. (CBC 11B-226.3) Fire Department
44. The patio shall have two exits. Exits cannot enter back into the building and shall exit to
the public way. 45. Extending assembly use to the exterior may require fire sprinklers to extend to the patio area. The new exterior trellis shall be submitted to NBFD for review.
Public Works Department 46. Substantial barriers (K-rail or water filled barricades) shall be provided between the seating area, drive aisle and adjacent parking spaces. Substantial barriers shall not
encroach into the required dimensions of the drive aisle and adjacent parking spaces.
47. There shall be a minimum 5-feet of space around all overhead facilities, such as poles and 15-feet of space around all underground facilities, such as vault lids, manholes, vent pipes, pad mounted transformers, etc.
48. Seating or structures below overhead conductors and/or under the “drip line” shall be prohibited. 49. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
50. Expanded outdoor dining area shall adhere to the SCE clearance Decal examples provided in Attachment No. ZA 4 (See Emergency Limited Term Permit Extension PA2022-0275.
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Police Department
51. The Alcoholic Beverage Control License shall be limited to a Type 47 (On Sale General – Eating Place). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Conditional Use Permit.
52. 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 Conditional Use Permit.
53. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible beverage service within 60 days of hire. This training must be updated every three 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.
54. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code. 55. 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. 56. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
57. The full menu food service shall be available for ordering at all times that the restaurant establishment is open for business.
58. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
59. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed.
60. The applicant shall install and maintain a physical barrier to the outdoor patio between
any area used and adjacent common pedestrian walkways in accordance with the requirements of the State Department of Alcoholic Beverage Control.
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61. The applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption
of alcohol is under the control of the applicant. The establishment shall abide by all
applicable regulations of the State Department of Alcoholic Beverage Control. 62. 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.
63. 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. 64. “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).
65. Strict adherence to maximum occupancy limits is required. 66. The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
67. An Operator License is required pursuant to Chapter 5.25 of the NBMC. At the discretion of the Chief of Police or the Community Development Director, the current OL may be subject to amendment for additional and/or more restrictive conditions (such as a
security plan) to regulate and control potential nuisances associated with the operation
of the establishment. 68. 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. 69. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding
the subject property and adjacent properties during business hours, if directly related to
the patrons of the establishment.
Planning Commission - August 8, 2024 Item No. 2a - Additional Materials Received from Staff Chihuahua Cerveza Pation Expansion (PA2023-0141)
August 8, 2024, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. CHIHUAHUA CERVEZA PATIO EXPANSION (PA2023-0141)
This item involves a request to permanently expand a food and beverage service into the
parking lot of a shopping center, increasing parking demand while reducing supply.
On the day preceding this hearing, August 7, as Item 18a on their August agenda, the California
Coastal Commission approved a request from the City1 to change from “CN” (Neighborhood
Commercial) to RT (2-unit Residential) the designation of a small lot also hosting a food and
beverage service, at 3014 W. Balboa Boulevard, immediately abutting the same shopping
center along its southwest edge. The decision to convert to a lower-priority coastal use was
driven largely by a belief it would not be feasible to provide adequate parking for future
redevelopment of the small lot under the CN designation.
It seems sad nothing could be worked out to save the small commercial site when a day later,
on August 8, the Planning Commission will be asked to make findings that the large,
immediately adjacent lot has a large number of unused spaces, even after approval of the
present item.
As to how large the present surplus may be, the staff recommendation relies on counts of
parked cars obtained on November 17 - 19, 2022, as well as earlier counts
2 obtained by the
same consultant on May 16 - 18, 2019. While I appreciate that staff believe the center’s “no
beach parking” policy causes parking demand at this site to be non-seasonable, it would seem
to me at least possible that the greater number of people on the Peninsula on summer
weekends could lead to increased demand for the services the center provides.
In that connection, there was a still earlier parking study, by a different consultant, taken prior to
approval of a proposal for a more major renovation and expansion of the center (which led to
the current lot configuration). That study can be found starting on page 51 of the staff report for
Item 4 from the Planning Commission’s February 4, 2010, agenda.
3 Those counts were taken in
the last half of August 2009, and included two Saturdays. The count peaked at 156 vehicles and
was anticipated to increase to 190 vehicles after the renovation and expansion.:
3 See also Item 2 from December 9, 2010.
2 The previous counts (see handwritten page 79) were taken in connection with an earlier proposal to
expand the interior space of the same food service, and the full study can be found starting on page 67 of
Item 6 on the October 22, 2020, Planning Commission agenda. Although conducted in 2019, it is referred
to in the present staff report as the “2020 Study.”
1 Previously approved as Item 5 on the Planning Commission’s January 5, 2023, agenda and Item 14 on
the City Council’s February 14, 2023, agenda.
Planning Commission - August 8, 2024 Item No. 2b - Additional Materials Received Chihuahua Cerveza Patio Extension (PA2023-0141)
August 8, 2024, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
It is not clear to me if the present tenant mix would be expected to generate more or less
summer demand than that on which the 2010 estimate was based, but I would guess more,
which leads me to believe the 137 peak observed on November 19, 2022, at 1:00 p.m. may
significantly underestimate the summer peak.
The other issue I notice is that the center was designed with a straight, continuous pedestrian
walkway fronting the stores and separating them from the parking lot. The temporary patio area
appears to preserve this (see, for example, handwritten page 101). The proposed plan
(handwritten page 58) is to make the patio a continuous extension of the restaurant, with no
through passage, so pedestrians will be routed around it, out to the parking lot drive aisle and
back. I would think preserving the straight-through pedestrian walk would be better.
Regarding Condition of Approval 23 (noise standards, page 37), I think it would be wise to
simply cite the applicable code section without attempting to rephrase its content (including the
table). In any event, the table is incorrect, and should show a nighttime interior noise standard of
“40” in the categories where “45” is shown.
Planning Commission - August 8, 2024 Item No. 2b - Additional Materials Received Chihuahua Cerveza Patio Extension (PA2023-0141)
CHIHUAHUA CERVEZA CUP/CDP
Planning Commission Public Hearing, August 8, 2024
Kelly Ribuffo, Consultant Planner
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
VICINITY MAP
2
Restaurant Location
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
PROJECT LOCATION
3
Existing Temporary Patio
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
PROJECT DESCRIPTION
4
Existing Proposed
Gross Floor Area 2,616 sq. ft.No change
Net Public Area (NPA)
Interior
1,213 sq. ft. (up to 1,446 sq. ft
allowable)
1,213 sq. ft
Outdoor Patio 498 sq. ft (up to 626 sq. ft
allowable)
1,403 sq. ft
Temporary Patio 867 sq. ft.0 sq. ft.
Seating Count 98 (up to 114 allowable)144
Hours of Operation
Interior
6:30 a.m. to 10:00 p.m. Sunday to
Thursday and 6:30 a.m. to 11:00
p.m. Friday and Saturday
No change
Hours of Operation
Patio
6:30 a.m. to 10:00 p.m. daily No change
Live Entertainment Indoor only No change
Dancing Not allowed No change
ABC License Type Type 47 (On-Sale General –
Eating Place)
No change
On-Site Parking Parking Waiver Requested
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
FLOOR PLAN
5
Existing Approved Proposed
Interior NPA 1,213 SF
Outdoor Patio 498 SF
Outdoor Patio 1,403 SF
Interior NPA 1,213 SF
Walkway
Walkway
Back of House Back of House
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
PARKING WAIVER
6
Interior Net Public Area 1,213 sq. ft.
Subtotal Interior Parking Spaces
Required (1/40 sq. ft. NPA)
30.32
Outdoor Dining Area 1403 sq. ft.
25% of Interior NPA Excluded from
Outdoor Dining Area
303 sq. ft.
Subtotal Out Dining Area Parking
Spaces Required (1/40 sq. ft.)
27.5
Total Parking Required 58 spaces
Parking Requirement for the Proposed Project
Gross Floor Area (sq. ft)47,812
Required Parking 276
Waived Parking 52
Total Required Parking On-site 224
Parking Provided 224
The Landing Shopping Center Parking - Proposed Conditions
INCREASE FROM 43 TO
58 SPACES REQUIRED
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
PARKING STUDY
7
•Counts taken Thurs, Nov. 17, through Sat, Nov. 19 from 7:00 AM to 9:00 PM at one-hour intervals.
•Parking demand significantly decreases after 9:00 PM.
•Observed peak parking demand occurred on Saturday, November 19, 2022 at 1:00 p.m., where approximately 137 parking spaces out of 224 available spaces were occupied (39 percent surplus parking spaces).
•Parking Management Plan will be deployed if there are issues.
•Parking Study and Parking Management Plan reviewed and accepted by Public Works Traffic Engineering.
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
FINDINGS
8
•Appropriate land use for Neighborhood Commercial zoning
•No change to existing operational characteristics
•Parking Study demonstrates adequate on-site parking
•Expanded outdoor dining patio compatible with aesthetics of The Landing
•Police Department has reviewed and provided conditions of approval incorporated in Resolution
•Does not affect public access or views of the beach
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
NOTABLE CONDITIONS
9
•No. 6: The hours of operation shall be 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 shall be 6:30 a.m. to 10:00 p.m., daily.
•No. 12: Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays and Saturdays , and 11:00 a.m. to 2:00 p.m. on Sundays. Additional live entertainment may be permitted during holidays, including Cinco de Mayo, with the approval of the Community Development Director.
•No. 17: Live entertainment shall be limited to the interior of the restaurant only. No performances shall occur outside of the restaurant, including within the outdoor dining patio area.
•No. 18: All windows and doors shall remain closed during performances.
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
RECOMMENDED ACTION
10
•Conduct a public hearing;
•Find this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 under Class 1
(Existing Facilities) and 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
•Adopt Resolution No. PC2024-015 approving a Conditional
Use Permit and Coastal Development Permit pursuant to
PA2023-0141 (Attachment No. PC 1).
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
QUESTIONS AND DISCUSSION
Planning Commission Public Hearing, August 8, 2024
11
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
NEARBY RESIDENTIAL USES
12
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)
NEW PARKING SPACE LOCATIONS
13
Planning Commission - August 8, 2024 Item No. 2c - Additional Materials Presented at the Meeting Chihuahua Cerveza CUP/CDP (PA2023-0141)