HomeMy WebLinkAbout2.0_Wild Strawberry Cafe Outdoor Dining Expansion_PA2021-309CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 5, 2024
Agenda Item No. 2
SUBJECT: Wild Strawberry Cafe Outdoor Dining Expansion (PA2021-309)
▪Conditional Use Permit
SITE LOCATION: 240 Newport Center Drive, Suite 100
APPLICANT: Natasha Kazic of Wild Strawberry Cafe
OWNER: 240 Newport Center Drive Associates LP
PLANNER: Joselyn Perez, Senior Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
A request for a conditional use permit to increase the outdoor dining area at an existing
restaurant from 75 square feet to approximately 658 square feet and to waive the
additional parking spaces required for the expanded area. Alcohol service would be
offered on a portion of the expanded outdoor dining area, delineated with planters,
through the restaurant’s existing Type 41 (On-Sale Beer and Wine – Eating Place)
Alcoholic Beverage Control (ABC) License. Hours of operation are proposed to remain
from 7:00 a.m. to 6:00 p.m., daily. Aside from the expanded outdoor dining and alcohol
service area, there are no other operational changes proposed. If approved, this
Conditional Use Permit would supersede all prior approvals.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this review 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. PC2024-017 approving the Conditional Use Permit filed as
PA2023-309 and superseding Use Permit Nos. UP2021-026 (PA2021-135) and
UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 and Staff
Approval No. SA2004-018 (PA2004-220 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Regional Commercial
Office (CO-R) Office-Regional (OR) Restaurant, other commercial
NORTH &
EAST CO-R OR Commercial buildings
WEST CO-R & Multiple
Residential (RM)
OR & PC 61 (Residences
at Newport Center)
Parking lot, with offices and car
wash beyond
SOUTH CO-R OR Parking lot, office buildings
beyond
Subject Property
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INTRODUCTION
Project Setting
Wild Strawberry Cafe is located on the ground floor of an existing multi-tenant, two-story,
commercial building within a business center (see Figure 1). The business center, known
as Design Plaza, contains nine separate buildings and is addressed as 200 Newport
Center Drive through 280 Newport Center Drive. Notable tenants within Design Plaza
include FedEx Office, Muldoon’s Irish Pub, Spa Gregories, and Mariner’s Escrow. The
remaining tenant mix features general office, medical office, and personal services. The
businesses share a large, approximately 649-space, surface, parking lot.
Figure 1, Aerial photograph of Design Plaza
Design Plaza is bounded to the north by Newport Center Drive and San Miguel Plaza, to
the east by Avocado Avenue, to the south by Civic Center Drive, and to the west by
Anacapa Drive. Land uses surrounding Design Plaza are almost exclusively
nonresidential. There are future residences proposed for 150 Newport Center Drive,
located approximately 215 feet to the west of the project site across Anacapa Drive.
Fashion Island mall is located approximately 740 feet to the north of the project site.
Wild Strawberry Cafe
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Wild Strawberry Cafe is located within Suite 100 of 240 Newport Center Drive. Suite 100
is a ground level, exterior facing, corner suite and is both easily visible and accessible
from the parking lot. There is a covered walkway along the exterior of the building, which
creates a protected breezeway. There is a common trash enclosure with a gate located
approximately 140 feet to the north, along the wall that separates Design Plaza from San
Miguel Plaza.
Restaurant Background
Suite 100 was originally authorized on February 13, 2004, to operate as a full service,
eating and drinking, establishment known as Cafe Express with the Planning Director’s
approval of Use Permit No. UP2003-051 (PA2003-295). This Use Permit allowed seating
within the interior of the restaurant for up to a total of 17 patrons. The 873-square-foot
suite was improved for restaurant use, including 300 square feet of net public area1,
primarily selling sandwiches, salads, and coffee drinks. Customers could order from a
counter and dine at the provided tables. Plans also included a unisex restroom for
customer use, a display counter, and back of house amenities including the kitchen area,
storage, and a dressing room for employees. Hours of operation were approved for 7:00
a.m. to 6:00 p.m., daily.
On November 19, 2004, the Planning Director approved Staff Approval No. SA2004-018
and Outdoor Dining Permit No. OD2004-002 (PA2004-220), which modified the
conditions of approval of Use Permit No. UP2003-051 (PA2003-295). The approval
reduced the number of interior seats to eight and authorized an outdoor dining area of 75
square feet within the adjacent breezeway. The outdoor dining area was further limited to
nine seats, to maintain the original 17-seat total.
In 2011, Wild Strawberry Cafe took over operations with minimal changes in the
restaurant floor plan.
During the COVID-19 pandemic, the applicant placed additional tables and chairs within
the breezeway to allow for adequate social distancing. The applicant did so without
obtaining an emergency temporary use permit, limited term permit, or equivalent offered
by the City. Instead, the applicant applied for a minor use permit to allow for alcohol
service within both the interior and exterior seating areas of the restaurant. Minor Use
Permit No. UP2021-026 was approved on October 4, 2021, by the Zoning Administrator
allowing the Type 41 (On-Sale Beer and Wine – Eating Place) ABC License. Condition of
Approval No. 3 of UP2021-026 required the applicant reduce the size of the outdoor dining
area back to the 75 square feet originally approved through OD2004-002. Given the
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. The definition of
net public area was eliminated from Title 20 (Planning and Zoning) in 2023, as part of an update to commercial
parking regulations.
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popularity and use of the expanded outdoor dining area, the applicant instead opted to
file the subject application to make the temporary seating arrangement permanent. In a
similar fashion to how other COVID-19 related outdoor dining areas were allowed to
operate while pursuing use permit amendments, the applicant was permitted to continue
using the expanded outdoor dining areas while the subject application was being
processed.
Project Description
The applicant is requesting a conditional use permit to permanently increase the area
used for outdoor dining within the breezeway from 75 square feet to a total outdoor dining
area of approximately 658 square feet and to waive the additional parking spaces
required by Table 3-10, Section 20.40.040 (Off-Street Parking Spaces Required) of the
Newport Beach Municipal Code (NBMC).
Outdoor dining would occur along both the southern and eastern frontage of the building.
As shown below in Figure 2 through 4, furniture would be permanently placed along the
exterior walls of the restaurant and between the building columns, creating the outdoor
dining area.
Approximately 178 square feet of outdoor dining area will be created area along the
building’s southern frontage. A path of travel will be maintained through the breezeway
and the restaurant’s exit will remain clear of any obstructions such as tables, chairs, or
planters. No alcohol would be served or consumed within this southern frontage area as
the placement of the required alcohol service area delineators while maintaining a path
of travel is not feasible.
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Figure 2, Southern frontage of the restaurant.
Figure 3, Expanded outdoor dining areas along both the southern and eastern building frontage
showing the free-and-clear walkway, which will be maintained.
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Figure 4, Walkway between 240 and 250 Newport Center Drive and, on the left side of the
photograph, a portion of outdoor dining area where alcohol service would be allowed.
The consumption of beer and wine would be allowed on an approximately 480-square-
foot portion of the expanded area, located on the eastern frontage of the building. Alcohol
service would be allowed through the restaurant’s existing Type 41 (On-Sale Beer and
Wine – Eating Place) ABC license. Required alcohol service area delineators will be
provided with planters and appropriate signage. There is no actual construction proposed
as part of the project and a building permit is not required to place furniture or planters. A
site and floor plan is available as Attachment No. PC 3 (Project Plans).
The hours of operation are proposed to remain from 7:00 a.m. to 6:00 p.m., daily. Aside
from the expanded dining and alcohol service area, there are no other changes proposed.
DISCUSSION
Analysis
General Plan and Zoning
The property is categorized as Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan. CO-R applies to areas where it is the intent of the Land Use
Element to provide areas appropriate for corporate, administrative, and professional offices
with accessory limited financial, retail, service, and entertainment uses. Restaurants are
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consistent with the CO-R designation by providing a complementary service to the nearby
corporate, administrative, and professional office workers. The expanded outdoor dining
area does not alter the mix of commercial uses within Design Plaza or change the primary
use of the area away from corporate, administrative, or professional offices.
Consistent with the General Plan Land Use categorization of CO-R, the property is zoned
Office Regional (OR). The OR District is also intended to provide for corporate,
administrative, and professional offices that serve local and regional markets, with
accessory limited financial, retail, service, and entertainment uses. Table 2-5 of Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC
allows for a full service, eating and drinking establishment with alcohol service and no late
hours within the OR Zoning District subject to the approval of a minor use permit. However,
because the proposed expanded outdoor dining area requires additional parking where no
surplus is available, the applicant is requesting to waive the additional required parking
pursuant to 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. The
requested parking adjustment elevates the requirements for a minor use permit to a
conditional use permit. Parking is discussed in greater detail in a subsequent section of this
report.
Alcohol Sales
The restaurant operates with a Type 41 (On-Sale Beer and Wine – Eating Place) ABC
license. The applicant is not requesting any changes to hours of operation or ABC license
type but has requested that alcohol service be extended to a portion of the expanded
outdoor dining area. The portion of the outdoor dining area where alcohol consumption
will be allowed will be delineated with planters. Appropriate signage will be placed alerting
customers where alcohol may be consumed, and customers will be verbally informed
from staff when receiving their alcoholic beverage. The Newport Beach Police
Department (NBPD) has reviewed the project and has no concerns with the expanded
area. The NPBD has requested that all conditions of approval from Minor Use Permit No.
UP2021-026 related to alcohol service be carried over and have been included in the
current use permit.
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 NBMC.
1. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
The property is in an area the NBPD has designated as Reporting District (RD) 39. RD
39 is bordered to the north by San Joaquin Hills Road, to the east by MacArthur
Boulevard, to the south by East Coast Highway, and to the West by Jamboree Road. The
NBPD is required to report offenses of Part One Crimes combined with all arrests for
other crimes, both felonies, and misdemeanors (except traffic citations) to the California
Department of Alcoholic Beverage Control (ABC). Part One Crimes are the eight most
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serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape,
robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 39 is
considered a higher crime area, as compared to other RDs within the City. Table 1 below
summarizes the crime statistics for the subject property, RD 39, and surrounding RD’s.
Table 1: Crime Statistics
Reporting District Group A Offenses
(Serious offenses)
Group B Offenses
(All other offenses)
Total Crime Count
240 Newport Center
Drive
1 0 2
RD No. 39 506 96 430
RD No. 43 47 10 40
RD No. 44 273 105 261
RD No. 47 64 21 65
Newport Beach 5,102 1,439 4,502
The RD 39 crime count for 2023 is 430, which is 312% over the citywide average of 118
crimes per RD. The higher crime rate is largely attributable to the concentration of
commercial land uses and the high ratio of nonresidential to residential uses. For
example, the RD to the southeast, RD 44, contains the entire commercial corridor of
Corona del Mar. RD 44 is smaller in land area than RD 39, yet it also demonstrates a high
number of crimes compared to the citywide RD average due to the similar ratio of
nonresidential to residential land use. The remaining neighboring RDs, 43 and 47, are
primarily residential areas with few commercial uses. As a result, they have a significantly
lower number of crimes. Their crime counts are 40 and 65, respectively.
2. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
According to the NBPD, there were 15 calls for service to the project site in 2023 and one
arrest. A review of the calls revealed the calls were not related to Wild Strawberry Cafe,
rather the 240 Newport Center Drive address was used to geographically tag the general
area. None of the calls for service or arrests were related to alcohol, suggesting the calls
are not indicators of poor business practices. Furthermore, no calls were due to the
outdoor dining currently occurring.
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.
Wild Strawberry Cafe and the surrounding Design Plaza do not currently abut any
sensitive land uses and are separated from other uses by parking lots, roadways, and
commercial buildings. Design Plaza is approximately 1,300 feet from the nearest
residential community (Granville Community), 4,000 feet from the nearest day care center
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(Del Mar Lincoln Child Development), 800 feet from the nearest park (Civic Center Park),
4,000 feet from the nearest place of religious assembly (Community Church
Congregational), and 3,000 feet from the nearest school (Harbor View Elementary
School).
4. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
There are several active On-Sale ABC Licenses within the vicinity of Wild Strawberry
Cafe. Most of the On-Sale Licenses are for restaurants with either a Type 41 (On-Sale
Beer and Wine - Eating Place) or a Type 47(On-Sale General - Eating Place). Within
Design Plaza, Muldoon’s Irish Pub, located at 202 Newport Center Drive, is authorized to
operate until 2 a.m. and provides live entertainment and dancing. Muldoon’s holds a Type
47 (On-Sale General – Eating Place) and a Type 68 (Portable Bar) ABC License. There
are many restaurants with the Fashion Island mall with on-sale ABC licenses. For
example, Red-O holds a Type 47 (On-Sale General – Eating Place), Type 58 (Caterer’s
Permit), and Type 68 (Portable Bar) ABC License. JOEY Newport Beach and True Food
Kitchen hold a Type 47 (On-Sale General – Eating Place).
Whole Foods Market within Fashion Island mall provides off-sale alcohol service with a
Type 21 (Off-Sale General) ABC License. Korker Liquor, approximately 2,600 feet to the
southeast and within the Corona del Mar commercial corridor, also provides off-sale
alcohol service with a Type 21 (Off-Sale General) ABC License.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
A restaurant with outdoor dining has been at this location since 2004. However, Wild
Strawberry Cafe currently uses an unpermitted outdoor dining area configuration that
exceeds the 75-square-foot limitation. The project will formally recognize and authorize
the expanded area. There are no other objectionable conditions occurring.
Parking
Pursuant to Table 3-10, Section 20.40.040 (Off-Street Parking Spaces Required) of the
NBMC, a full-service restaurant requires one parking space per every 100 square feet of
gross floor area and one parking space per every 150 square feet of outdoor dining area.
As Wild Strawberry Cafe operates in an 873-square-foot tenant space and proposes 658
square feet of outdoor dining, the parking requirement is 14 spaces. Past approvals
parked the restaurant at a rate of one space required for every 250 square feet of gross
floor area and the outdoor dining area was not required to provide parking. This resulted
in a parking requirement of four spaces. The project results in an increase of 10 required
parking spaces over the permitted condition and to permit the project, a parking waiver of
10 spaces is required.
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As previously discussed in the Project Setting section of the report, there is a large, 649-
space, surface parking lot that is shared by all tenants of Design Plaza. The pool is
distributed between five zones, shown below in Figure 5. Wild Strawberry is located
adjacent to the area designated as Parking Zone 1.
Figure 5: Shared parking lot of Design Plaza, divided into 5 zones.
In coordination with the City Traffic Engineer, Planning Division staff took observational
parking counts of the entire parking pool on Wednesday April 3, 2024, and Wednesday
April 10, 2024. Counts were conducted at one-hour intervals beginning at 9 a.m., 12 p.m.,
and 4 p.m. Counts were not taken on the weekend as one of the primary land uses within
Design Plaza is office, and offices are typically closed on the weekend. Parking demand
for the overall pool peaked on April 3, at 12:00 p.m., with approximately 66% of the total
parking pool occupied, or 34% of spaces available. Parking demand within the most
relevant parking zone, Parking Zone 1, peaked at 12:00 p.m. on April 3 with 20% of
parking spaces available, or 35 parking spaces available. At no point during the
observational counts were any of the zones observed to be fully occupied.
Wild Strawberry Cafe
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In addition to the available onsite parking, Wild Strawberry Cafe benefits from a high
number of walk-in customers. With Design Plaza having multiple office and service uses
in proximity, Wild Strawberry Cafe serves many customers that were originally patronizing
other businesses within the center. Additionally, Wild Strawberry Cafe experiences many
walk-in customers, especially during the lunch hour, that are workers within the business
center, the nearby offices in Newport Center to the north, and the offices of Corporate
Plaza to the south.
Given Wild Strawberry Cafe is already operating with the expanded outdoor dining area,
it is unlikely that approval of the project will generate additional parking demand beyond
what was already occurring. The City Traffic Engineer has reviewed and accepted the
observational counts as a valid indicator of the parking demand and supply at Design
Plaza and has no concerns with the Project.
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;
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 CO-R General Plan land use designation and OR zoning
district.
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The hours of operation are appropriate for a business center, given there are no late hours
proposed. Although the expanded outdoor dining area increases the number of required
parking spaces, the observational counts demonstrate that the shared parking lot can
accommodate all visitors to the center during peak hours. There is adequate access
provided to the site and there are adequate utilities to support the increased capacity of
the restaurant. The outdoor dining layout maintains clear paths of travel and does not
block access to the surrounding tenants.
There have been no noise complaints related to operations and both Code Enforcement
and the Police Department have no concerns with the expansion. The restaurant has
operated with outdoor dining since 2004 and with an ABC Type 41 license since 2021.
The success of the restaurant with the historic conditions of approval suggests that the
conditions are appropriate and working well to help ensure compatibility with the
surrounding uses. The expanded restaurant will serve residents, employees, and visitors
to Newport Beach and contributes to Design Plaza remaining vibrant and successful.
Summary and Alternatives
Staff finds that the project is consistent with Title 20 (Planning and Zoning) of the NBMC
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 Wild Strawberry Cafe to permanently expand the
area used by the restaurant for outdoor dining and waive the associated parking.
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. The outdoor dining area would need to be reduced to the originally
authorized 75-square-foot area.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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.
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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 will increase the area dedicated to outdoor dining for an existing restaurant
within a fully developed business center from 75 square feet to 658 square feet. The
project does not involve new construction, rather, additional tables and chairs will be
placed within the breezeway adjacent to the restaurant with planters to define the alcohol
service area. While the project increases the area used for outdoor dining, the additional
capacity is a negligible expansion of use considering the restaurant and its surrounding
development.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by:
Submitted by:
BMZ/jp
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Crime Statistics
PC 3 Project Plans
01/18/23
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2024-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING ALL
PRIOR APPROVALS AND APPROVING A CONDITIONAL USE
PERMIT TO WAIVE A PORTION OF THE REQUIRED OFF-
STREET PARKING AND ALLOW AN EXPANDED OUTDOOR
DINING AREA FOR AN EXISTING RESTAURANT OPERATING
WITH A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOL
BEVERAGE CONTROL LICENSE LOCATED AT 240 NEWPORT
CENTER DRIVE, SUITE 100 (PA2021-309)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Natasha Kazic (“Applicant”) with respect to property located at
240 Newport Center Drive, Suite 100, and legally described as Parcel 5 of Resubdivison
289 (“Property”), requesting approval of a conditional use permit.
2. The Applicant operates a restaurant known as Wild Strawberry Cafe (“Restaurant”) within
the Design Plaza business center (“Design Plaza”) in the 200 Block of Newport Center
Drive. The Restaurant is approximately 873 gross square feet and is permitted to
operate with 300 square feet of interior customer area and 75 square feet of outdoor
dining area. The Applicant requests to expand the outdoor dining area to approximately
658 square feet. Alcohol service would be offered on a portion of the expanded outdoor
dining area, delineated with planters, through the restaurant’s existing Type 41 (On-Sale
Beer and Wine – Eating Place) Alcoholic Beverage Control (“ABC”) License. The hours
of operation will remain from 7 a.m. to 6 p.m., daily. Aside from the expanded patio and
alcohol service area, there are no other operational changes proposed. In order to
authorize the larger outdoor dining area, the Applicant requests to waive the additional
parking spaces required (“Project”). Approval of the Project would supersede Use Permit
Nos. UP2021-026 (PA2021-135) and UP2003-051 (PA2003-295), Outdoor Dining Permit
No. OD2004-002 (PA2004-220), and Staff Approval No. SA2004-018 (PA2004-220).
3. The Property is categorized as Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan and located within the Office-Regional (OR) Zoning District.
4. The Property is not located within the coastal zone; and therefore, a coastal development
permit is not required.
5. A public hearing was held on September 5, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach
Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
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Planning Commission Resolution No. PC2024-017
Page 2 of 16
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) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project will increase the area dedicated to outdoor dining for an
existing restaurant within a fully developed business center from 75 square feet to 658
square feet. The Project does not involve new construction, rather, outdoor furniture will
be placed within the breezeway adjacent to the Restaurant. While the Project increases
the area used for outdoor dining, the additional capacity is a negligible expansion of use
considering the Restaurant and its surrounding development.
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:
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 an area the Newport Beach Police Department (“NBPD”) has
designated as Reporting District (“RD”) 39. RD 39 is bordered to the north by San
Joaquin Hills Road, to the east by MacArthur Boulevard, to the south by East Coast
Highway, and to the West by Jamboree Road. The NBPD is required to report
offenses of Part One Crimes combined with all arrests for other crimes, both felonies,
and misdemeanors (except traffic citations) to the California Department of Alcoholic
Beverage Control (“ABC”). Part One Crimes are the eight most serious crimes
defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery,
aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 39 is
considered a higher crime area, as compared to other RDs within the City. The RD
39 crime count for 2023 is 430, which is 312% over the citywide average of 118
crimes per RD. The higher crime rate is largely attributable to the concentration of
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commercial land uses and the high ratio of nonresidential to residential uses. For
example, the RD to the southeast, RD 44, contains the entire commercial corridor of
Corona del Mar. RD 44 is smaller in land area than RD 39, yet it also demonstrates
a high number of crimes compared to the citywide RD average due to the similar
ratio of nonresidential to residential land use. The remaining neighboring RDs, 43
and 47, are primarily residential with few commercial uses. As a result, they have a
significantly lower number of crimes. Their crime counts are 40 and 65, respectively.
2. The NBPD has reviewed the Project and has no objection based on the location,
operational characteristics, and early closing hour. As part of its review, the NBPD
recommended carrying over all conditions of approval from Use Permit No. UP2021-
026, which have all been incorporated 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 39 is reported to ABC as a high crime area as compared to other reporting
districts in the City. For RD 39, the highest volume crime is theft/larceny and the
highest volume arrest is for narcotics. DUI, public intoxication, and liquor law
violations make up just 12% of arrests in this RD. All adjacent RDs have lower
reported crime and arrests, due in part to low ratio of nonresidential to residential
land uses.
2. According to the NBPD memorandum, there were 15 calls for service to the Property
and one arrest in 2023. A review of the calls however revealed they were not related
to the Restaurant, rather the 240 Newport Center Drive address was used to
geographically tag the general area. None of the calls for service or arrests were
related to alcohol, suggesting the calls are not indicators of poor business practices.
Furthermore, no calls were due to the outdoor dining currently occurring. Therefore,
the NBPD has no concerns with the Project.
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.
The Property and surrounding business center do not abut sensitive land uses and
are separated from other uses by parking lots, roadways, and other commercial
buildings. The Property It is approximately 1,300 feet from the nearest residential
district (Granville Community), 4,000 feet from the nearest day care center (Del Mar
Lincoln Child Development), 800 feet from the nearest parks and recreation facility
(Civic Center Park), 4,000 feet from the nearest place of religious assembly
(Community Church Congregational), and 3,000 feet from the nearest school
(Harbor View Elementary School). Due to the distances from these uses, the
continued sale and service of alcohol is not anticipated to create concerning
conditions.
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iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Muldoon’s Irish Pub is located at 202 Newport Center Drive to the north of the
Restaurant, at the intersection of Anacapa and Newport Center Drive. Muldoon’s is
authorized to operate until 2 a.m. and provides live entertainment and dancing.
Muldoon’s holds a Type 47 (On-Sale General – Eating Place) and a Type 68
(Portable Bar) ABC License. Approximately 3,600 feet away to the northeast, Whole
Foods Market provides off-sale alcohol service with a Type 21 (Off-Sale General)
ABC License. Korker Liquor, approximately 2,600 feet to the southeast, also
provides off-sale alcohol service with a Type 21 (Off-Sale General) ABC License.
Additionally, there are many restaurants with the Fashion Island Shopping Center
with on-sale ABC licenses. For example, Red-O holds a Type 47 (On-Sale General
– Eating Place), Type 58 (Caterer’s Permit), and Type 68 (Portable Bar) ABC
License. JOEY Newport Beach and True Food Kitchen hold a Type 47 (On-Sale
General – Eating Place). There is no evidence suggesting these uses have been
detrimental to the neighborhood.
2. The Property is in Census Tract 630 for which the per capita ratio of on-sale alcohol
license is one license for every 75 residents. This is higher than the citywide and
countywide per capita ratios; however, the NBPD does not anticipate any increase in
crime or alcohol-related incidents with the approval of this Project given the limited
operational characteristics and early closing hour. Additionally, the Restaurant has
operated with alcohol service for approximately 3 years without any notable issue.
3. The Restaurant’s proximity to other establishments selling alcohol does not raise
concern due to the Project’s limited alcohol service restricted by the conditions of
approval. Specifically, Condition of Approval No. 27 explicitly prohibits the
establishment from operating as a bar, lounge, or nightclub and Condition of
Approval No. 28 requires the quarterly gross sales of alcoholic beverages to not
exceed the gross sales of food during the same period and. Alcohol service will
maintain accessory to the primary function of the business as a restaurant.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. A restaurant with outdoor dining has been at this location since 2004. However, the
Restaurant currently uses an unpermitted outdoor dining area configuration that
exceeds the 75-square-foot limitation. The project will formally recognize and
authorize the expanded area. There are no other objectionable conditions occurring.
2. The Project has been reviewed by the NBPD, which required that all previous
conditions of approval related to alcohol service be incorporated into the approval
for this Project. These conditions of approval will help ensure that the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a
healthy environment for residents and businesses is preserved. For example,
Condition of Approval No. 26 requires the owners, managers, and employees selling
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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.
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 Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan. Regional Commercial Office (CO-R) applies to areas
where it is the intent of the Land Use Element to provide areas appropriate for
corporate, administrative, and professional offices with accessory limited financial,
retail, service, and entertainment uses.
2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are
consistent with the Regional Commercial Office (CO-R) designation by providing a
complementary service to the nearby corporate, administrative, and professional
office workers. The expanded outdoor dining area does not alter the mix of
commercial uses within Design Plaza or change the primary use of the area away
from corporate, administrative, or professional offices.
3. The Project will also serve residents of and visitors to Newport Beach, which helps
ensure the area remains vibrant and successful. The Project is in support of General
Plan Policy LU 2.4 (Economic Development) which encourages the accommodation
of uses that maintain or enhance Newport Beach’s fiscal health and account for
market demands, while maintaining and improving the quality of life for current and
future residents.
4. The Property is not 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 within the Office Regional Commercial (OR) Zoning District.
Similar to the Land Use categorization of Regional Commercial Office (CO-R), the
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Planning Commission Resolution No. PC2024-017
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OR Zoning District is also intended to provide for corporate, administrative, and
professional offices that serve local and regional markets, with accessory limited
financial, retail, service, and entertainment uses.
2. Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of the NBMC allows for a full service, eating and drinking
establishment with alcohol service and no late hours within the Office-Regional (OR)
Zoning District subject to the approval of a minor use permit. However, the proposed
expanded outdoor dining area requires additional parking where no surplus is
available. As such, the Applicant is requesting to waive the additional required
parking pursuant to Section 20.40.110 (Adjustments to Off-Street Parking
Requirements) of the NBMC. The requested parking adjustment elevates the
requirements for a minor use permit to a conditional use permit. Facts 1 through 8 in
support of Finding G substantiate the request and are incorporated herein by
reference.
3. The Restaurant operates pursuant to Minor Use Permit No. UP2021-026 (PA2021-
135), Use Permit No. UP2003-051 (PA2003-295), Outdoor Dining Permit No.
OD2004-002 (PA2004-220), and Staff Approval No. SA2004-018 (PA2004-220). Aside
from the expanded outdoor dining area and alcohol service, all other characteristics,
including the type of alcohol license, the interior configuration of the restaurant, and
the hours of operation will remain unchanged. The success of the restaurant with the
historic conditions of approval suggests that the conditions are appropriate and
working well to help ensure compatibility with surrounding uses. All relevant
conditions have been carried forward as part of Exhibit “A” of this resolution.
4. During the COVID-19 pandemic, the outdoor dining area expanded beyond the
permitted 75 square feet. Condition of Approval No. 3 of UP2021-026 required the
Applicant to return the outdoor dining area to the configuration approved by Outdoor
Dining Permit No. OD2004-002 (PA2004-220). Due to the popularity and use of the
expanded outdoor dining area, the Applicant instead opted to file the subject
application to make the temporary improvement permanent. Once approved, the
Restaurant will comply with Section 20.48.090 (Eating and Drinking Establishments)
of the NBMC.
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 Restaurant is located on the ground floor existing multi-tenant, two-story,
commercial building within a business center. Adjacent ground floor tenants include
medical offices and other service uses. There are professional offices above. The
walkway between tenant suites is generally covered and creates a protected
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Planning Commission Resolution No. PC2024-017
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breezeway. The Restaurant is within a corner suite and is both easily visible and
accessible from the large, shared, parking lot.
2. The Restaurant consists of 300 square feet of interior area dedicated to customer
service and seating with the remaining 573 square footage developed as a unisex
restroom, and back of house areas for food prep. The outdoor dining area is
immediately adjacent to the Restaurant’s space within the breezeway. There is no
construction proposed with this Project, rather, tables, chairs, umbrellas, planters,
and any barriers required by ABC will be placed within the breezeway. A path of
travel will be maintained through the breezeway and as required to provide
unobstructed exiting from the interior of the Restaurant.
3. The Restaurant’s current hours of operation from 7 a.m. to 6 p.m. are consistent with
the business hours of other uses in Design Plaza and reiterate its primary intent as an
amenity for businesses in and visitors to the Newport Center area.
4. Fact 2 in support of Finding A(v) is incorporated herein by reference.
5. There is a common trash enclosure with a gate located approximately 140 feet to the
north. It is conveniently located where materials can be deposited and collected without
impeding parking. The existing trash storage area is adequate to accommodate the
waste generated from the business and complies with Section 20.30.120 (Solid Waste
and Recyclable Materials Storage) of the NBMC.
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. Design Plaza is accessible from both Civic Center Drive to the south and Anacapa
Drive to the west. There is a large, 649-space, surface parking lot that is shared by
all buildings within the complex.
2. The Project was reviewed by the Fire Marshal, Public Works Department, and
Building Division. It was determined that adequate public and emergency vehicle
access is provided, and that adequate public services and utilities are provided to
the Property.
3. As conditioned, the Applicant is required to obtain all necessary approvals from
Orange County Health Department to ensure the safety and welfare of customers
and employees.
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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 Project includes conditions of approval to help ensure potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The outdoor
dining area will also need to comply with the City’s noise ordinance, as stated in
Condition of Approval No. 15. Additionally, Conditional of Approval No. 30 prohibits
live entertainment, an activity with the potential to disrupt the surrounding
businesses.
2. The Project was reviewed by the Code Enforcement Division. There were no
complaints on file, suggesting the expanded outdoor dining area does not 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.
3. The Restaurant provides dining services as a convenience to the adjacent office
workers and visitors to Design Plaza. The expanded outdoor dining area
complements the principal use of the tenant suite as a restaurant and provides
economic opportunity for the Applicant to maintain a successful business in a way
that best serves the community.
4. Fact 2 in support of Finding B is incorporated herein by reference.
5. Fact 2 in support of Finding A(v) is incorporated herein 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);
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Facts in Support of Finding:
1. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required)
of the NBMC, a full-service restaurant requires one parking space per every 100
square feet of gross floor area and one parking space per every 150 square feet of
outdoor dining area. As the Restaurant operates in an 873-square-foot tenant space
and proposes 658 square feet of outdoor dining, 14 parking spaces are required.
2. Under previous approvals, the Restaurant was parked at a rate of one space required
for every 250 square feet of gross floor area. The outdoor dining patio was not
required to provide parking. This formula resulted in a parking requirement of four
spaces.
3. The Project results in an increase of 10 required parking spaces over the permitted
condition. To permit the Project, a parking waiver of 10 spaces is required.
4. Design Plaza provides approximately 649 parking spaces within a shared parking
pool. The parking pool is distributed between five zones and serves nine, multi-
tenant, buildings. The Restaurant is located adjacent to the area designated as
Parking Zone 1.
5. Staff performed observational parking counts of the entire parking pool on
Wednesday April 3, 2024, and Wednesday April 10, 2024. Counts were conducted
at one-hour intervals beginning at 9 a.m., 12 p.m., and 4 p.m. Parking demand for
the overall parking pool peaked on April 3, at 12 p.m., with approximately 66 percent
of the overall parking pool occupied, or a 34% of parking spaces available. Parking
demand for the adjacent parking area, Parking Zone 1, peaked at 12 p.m. on April 3
with 20% of parking spaces available, or 35 parking spaces available. At no point
during the observational counts were any of the zones observed to be fully occupied.
6. The Restaurant benefits from a high number of walk-in customers. With Design
Plaza having multiple office and service uses in proximity to the Restaurant, it serves
many customers that were originally patronizing other businesses within the center.
Additionally, the Restaurant is in proximity to customers that work within the business
center, the nearby offices in Newport Center to the north, and Corporate Plaza to the
south. These customers are likely to walk in, especially during the lunch hour, when
parking demand peaks.
7. Given the Restaurant is already operating with the expanded outdoor dining area, it
is unlikely that approval of the Project will generate additional parking demand
beyond what was already observed.
8. The City Traffic Engineer has reviewed and accepted the observational counts as a
valid indicator of the parking demand and supply at Design Plaza and has no
concerns with the Project.
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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:
Given the observational counts conclude that on-site parking provided within Design
Plaza is adequate to accommodate the expanded outdoor dining area, no parking
management plan has been required.
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 CEQA pursuant to Section 15301 under Class 1 (Existing
Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves PA2021-309,
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) of the NBMC.
4. This resolution supersedes Minor Use Permit No. UP2021-026 (PA2021-135) and
UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 and Staff Approval
No. SA2004-018 (PA2004-220), which upon vesting of the rights authorized by PA2021-
309, shall all become null and void.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
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BY:_________________________
Dave Salene, Secretary
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CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved 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. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
4. 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.
5. This CUP 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.
6. 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 or processing
of a new permit may be required.
7. Hours of operation shall be limited between 7 a.m. and 6 p.m. daily.
8. The use of area heaters shall be approved by the Building Division and the Fire
Department prior to installation or use. The use of propane heaters and the storage of
propane containers on the premises is prohibited, unless otherwise approved by the Fire
Department.
9. Fences, walls, or similar barriers shall serve to define the outdoor dining area, shall meet
the minimum requirements required by the Alcoholic Beverage Control License, and
shall not constitute a permanent all-weather enclosure.
10. The approved outdoor dining area shall be located on a solid surface. The seating adjacent
to the Restaurant shall be limited to the areas as delineated on the approved floor plan
only.
11. 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.
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12. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure or otherwise screened from view of neighboring properties, except when
placed for pick-up by refuse collection agencies.
13. Storage outside of the building, apart from the required trash containers, shall be
prohibited.
14. 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).
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
NBMC.
16. No outside paging system shall be utilized in conjunction with this food service
establishment.
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this CUP.
18. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
19. 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.
20. Prior to the issuance of any building permit, a copy of the Resolution, including
conditions of approval Exhibit “A” shall be incorporated into the Building Division and
field sets of plans.
21. Prior to the issuance of any 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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22. Should this business 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
owner or the leasing company.
23. 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 Wild Strawberry Cafe Outdoor Dining Expansion including, but not
limited to, PA2021-309. 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.
Police Department
24. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer
and Wine – Eating Place). Any substantial change in the ABC license type shall require
subsequent review and potential amendment of the Use Permit.
25. The expanded outdoor dining area must be licensed by ABC prior to use.
26. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
three 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.
27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
28. 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.
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29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. There shall be no live entertainment or dancing allowed on the premises.
31. Food service from the regular menu shall be made available to patrons until closing.
32. 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.
33. 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.
34. “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).
35. Strict adherence to maximum occupancy limits is required.
36. The Applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
37. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
38. 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.
Building Division
39. Approval from the Orange County Health Department is required.
40. Accessible outdoor seating shall be provided.
41. An accessible path shall be maintained under the covered walkway.
42. Seating areas are not permitted to obstruct exit paths.
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Fire Department
43. Egress to the public walkway shall be maintained at all times.
34
Attachment No. PC 2
Crime Statistics
35
IN
T
E
N
T
I
O
N
A
L
L
Y
B
L
A
N
K
P
A
G
E
36
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
240 Newport Center
Drive 15 1 0 N/A N/A 1 0 0 0 N/A 0
Subject RD:
RD39 3,834 506 96 18,123.21 THEFT/LARCENY 243 16 22 0 NARCOTICS 6
Adjacent RD:
RD47 524 64 21 3,881.14 BURGLARY &
THEFT/LARCENY 33 5 2 0 NARCOTICS 0
Adjacent RD:
RD43 400 47 10 1,986.48 BURGLARY 17 3 0 0 DUI 0
Adjacent RD:
RD44 2,506 273 105 9,718.76 THEFT/LARCENY 141 19 23 1 DISORDERLY
CONDUCT 1
Newport Beach 40,526 5,102 1,439 5,885.07 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 67
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
240 Newport Center
Drive N/A 1 N/A 0 N/A 1 N/A 240 Newport
Center Drive 2 N/A N/A
Subject Census
Tract: 630.08 2,408 32 75 4 602 36 67 Subject RD:
RD39 430 +312 +264%
Adjacent Census
Tract: 626.42 2,849 1 2,849 2 1,425 3 950 Adjacent RD:
RD47 65 -53 -45%
Adjacent Census
Tract: 627.01 2,667 11 242 2 1,334 13 205 Adjacent RD:
RD43 40 -78 -66%
Adjacent Census
Tract: 627.02 4,515 15 301 6 753 21 215 Adjacent RD:
RD44 261 +143 +121%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,502
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 Wild Strawberry at 240 Newport Center Drive (RD39)
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 JOSEPHL. CARTWRIGHT
NEWPORT BEACH POLICE DEPARTMENT
2023 CRIME AND ALCOHOL-RELATED STATISTICS
as of 07/18/2023
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38
Attachment No. PC 3
Project Plans
39
IN
T
E
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T
I
O
N
A
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Y
B
L
A
N
K
P
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E
40
15
'
-
1
1
"
34
'
-
3
"
PlantersPlanters
Existing take out
Food Service Area
525 SF
STRUCTURALCOLUMN
STRUCTURALCOLUMN
STRUCTURALCOLUMN
STRUCTURALCOLUMN STRUCTURALCOLUMN
Existing
Net Public Area
300 SF/15= 20 Max
Occupant load
Existing
Rest Rm
6'-
5
"
8'-
5
"
17
'
-
5
"
10'-2"5'-6"14'-4"
30'
24
'
-
9
"
7'-6"5'-10"
Food Prep Area
48+24+18+32+27+28+85+85= 347 SF
Proposed New Outdoor Dining Area
to be included in the parking analysis
Existing Net Public Area
to be included in the parking analysis
300 SF
Clear Path of travel
Not to be included in the
parking analysis
PROPOSED CHANGE OF USE FROM RETAIL TO
RESTAURANT & OUTDOOR DINING AREA PARKING
CALCULATION
Existing Interior Gross Foor Area
not to be included in the parking analysis
525 SF
Pa
t
h
o
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T
r
a
v
e
l
Existing Wild Strawberry Cafe & Proposed New Outdoor Dining Area Parking Calculations
240 Newport Center Dr Suite 100 Newport Beach Ca 92660
Es
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s
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76
5
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C
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9
1
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5
(
8
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8
)
4
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5
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5
3
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ORIGINAL BUILDING PERMIT PARKING CALCULATION
ORIGINAL BUILDING PERMIT USE AS RETAIL 825 SF
PARKING REQUIRED FOR 825 SF / 250 SF= 4 SPACES
RESTAURANT PARKING ANALYSIS
Proposed Net Public Area 300 SFPrevious Retail Credit for New Public Area Credit 300/250 = 1 Space
Parking required For New Restaurants 1 Space / 40 SF
Proposed In an Outdoor Restaurant Floor Area 572 SF/ 40 = 14 Spaces
Previous Retail use Credit -1 SpacesTotal Parking Required 13 Spaces
Proposed New Net Public Area 300 SF
Proposed New outdoor Dining Area 347 SF
Total New Net Public Area+ Outdoor Floor Area 647 SF
Outdoor Dining Area Exempt -75 SF
Proposed New Indoor & Outdoor Floor Area 572 SF
21
87
2019
15
43
1413
12
10
65
21 2625
2827
24
29 343332
Outdoor Area 5 = 85 SF
Outdoor Area 6= 85 SF
Path of Travel
28 SF
27 SF
16
17
18
48 SF
18 SF
2'-
1
0
"
2'-
1
0
"
3'
3'6'-4"4'
4'
Proposed Indoor Net Public Area 300 SF/15 = 20
Proposed Outdoor Dining Area 387 SF/15 = 26
MAXIMUN OCCUPANT LOAD PROVIDED 46
MAXIMUN OUTDOOR SEATING PROVIDED 34
9
24 SF
Pa
t
h
o
f
T
r
a
v
e
l
2'-
1
0
"
32 SF
3'Path of Travel
Path of Travel
11
OCCUPANT LOAD
4'-
1
1
"
3'-
4
"
3'-
9
"
6'-
4
"
7'-
7
"
9'-
3
"
8'-
9
"
29'-6"Outdoor Dining Area with Alcohol Service
56 +480 = 658 SQ. FT.
573 SQ. FT.
300 SQ. FT.
573 SQ. FT.
Pl
a
n
t
e
r
s
Site and Floor Plan
PlantersPlanters
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42
September 5, 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. WILD STRAWBERRY CAFE OUTDOOR DINING AREA
EXPANSION (PA2023-309)
On handwritten page 22 (Page 4 of 16 of the draft resolution), in Fact iv.1 near the top of the
page, if Whole Foods and Korker Liquor are listed as examples of nearby off-sale operations, it
is unclear why Bristol Farms would not be listed. At about 1,700 feet away, it is closer than
either of those listed. I also think there may have been a miscalculation of the distance to Whole
Foods. It would seem a similar distance as to Korker, perhaps even closer “as the crow flies,”
not 1,000 feet farther away. Additionally,Rogers Gardens, a similar distance as to Whole Foods
and Korker, has a Type 20 (off-sale beer and wine) license.
On handwritten page 33 (Page 15 of 16 of the draft resolution), Condition No. 41 (“An
accessible path shall be maintained under the covered walkway”), if it is referring to the general
public, seems inconsistent with the site plan on handwritten page 41, which indicates the
covered walkway on the east side of the building will be completely blocked off to allow alcohol
sales. In inclement weather, the public would apparently have to walk in the open to get from
one part of the building to another.
In addition, Figures 3 and 4 on handwritten pages 8 and 9 appear to show the planters that
have been deployed to delineate that area already block access to the building directory:
Does the applicant propose to move the directory to a publicly accessible location outside of the
alcohol service only area?
Planning Commission - September 5, 2024 Item No. 2a - Additional Materials Received Wild Strawberry Cafe Outdoor Dining Expansion (PA2021-309)
WILD STRAWBERRY CAFE
CONDITIONAL USE PERMIT (PA2021-309)
Planning Commission, September 5, 2024
Joselyn Perez, Senior Planner
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
VICINITY MAP AND LAND USE
2
Project Site
Civic Center
Car Wash
Offices
Offices
Residential
Residential
Fashion Island
Offices/Personal Services
Offices
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
3
•Use Permit approved Feb 2004 to allow restaurant with 300 sq. ft. of net public area & 17 seats
•Staff Approval & Outdoor Dining Permit approved Nov 2004 to reduce interior seats, but allow 75 sq. ft. of outdoor dining
•Expanded patio during COVID 19 to allow for social distancing
•Minor Use Permit approved Oct 2021 to add Type 41 (Beer & Wine) ABC License
EXISTING RESTAURANT
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
PROJECT
4
480 sq. ft.
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
OUTDOOR PATIO
5
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
OUTDOOR PATIO
6
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
OUTDOOR PATIO
7
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
PARKING REDUCTION
8
Requires 10-space parking waiver
•Counts taken on April 3 & April 10
•Peak demand for Zone 1 on April 3, 12:00 p.m.
•35 parking spaces available
•Walk in customers
City Traffic Engineer reviewed and accepted counts as a valid indicator of sufficient parking
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
NOTABLE CONDITIONS OF
APPROVAL
9
•COA #7: Hours of operation limited to 7 a.m. through 6 p.m. daily
•COA #24: ABC license limited to Type 41 (On-Sale Beer and Wine – Eating Place)
•COA #30: No live entertainment or dancing
•COA #41: Accessible path shall be maintained
- Small change to remove “covered walkway”
•COA #42: Seating areas are not permitted to obstruct exit paths
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
RECOMMENDATION
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) of the CEQA Guidelines; and
3.Adopt Resolution No. PC2024-017 approving the CUP & superseding existing approvals
10
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)
THANK YOU
Planning Commission, Public Hearing
September 5, 2024
Joselyn Perez, Senior Planner
949-644-3312
jperez@newportbeachca.gov
Planning Commission - September 5, 2024 Item No. 2b - Additional Materials Presented at the Meeting by Staff Wild Strawberry Cafe CUP (PA2021-309)