HomeMy WebLinkAboutPC2024-023 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-UNIT DWELLING AND DETACHED GARAGE AND CONSTRUCTION OF A NEW SINGLE-UNIT DRESOLUTION NO. PC2024-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A 932 SQUARE-FOOT RESTAURANT WITH A TYPE 41 (ON-SALE BEER AND WINE - EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE AND WAIVING A
PORTION OF THE ON-SITE PARKING REQUIREMENT SUPERCEDING CERTAIN CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NOS. UP2016-041 AND UP2016-048 FOR THE PROPERTY LOCATED AT 2210 NEWPORT BOULEVARD (PA2024-0074)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Peninsula Village, LLC (“Applicant”), concerning property located at 2210 Newport Boulevard Space 101, and legally described as Lot 1 of Tract Map 16594 (“Property”), requesting approval of a conditional use permit (“CUP”) and Coastal Development Permit (“CDP”)
2. The Applicant requests a CUP and a CDP to allow a 932 square foot café/wine bar with a 368 square foot outdoor dining patio (“Restaurant”) which includes the sale of alcoholic beverages pursuant to a Type 41 (On-Sale Beer and Wine - Eating Place) Alcohol Beverage Control (“ABC”) License at the Property. The hours of operation will be 7:00 a.m.
to 10:00 p.m., seven days a week. Additionally, the Applicant proposes a reduction of 23
parking spaces with a parking management plan required by the Newport Beach Municipal Code (“NBMC”) of which 15 parking spaces are for changes in parking demand associated with the Restaurant and eight parking spaces are associated with 10 existing boat slips located at the Peninsula Village marina, currently assigned for resident usage, to be
available for lease to the general public and commercial tenants of the Property (“Project”).
3. The Property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water 2 (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water 2 (MU-W2) Coastal Zone District. 5. A public hearing was held on October 3, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of the time, place, and purpose of the 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 NBMC. Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing.
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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 involves interior alterations to convert a retail tenant space to a restaurant with no expansion in floor area. No construction is proposed for the
outdoor dining area, other than providing a physical barrier for the serving of alcoholic
beverages required by ABC. Lastly, no construction or alteration to existing boat slips at the marina is proposed as the request involves allowing existing boat slips to be leased to the general public and commercial tenants of the Property.
3. The exceptions to the categorical exemption under Section 15300.2 of the CEQA
guidelines 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-Required Findings) 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) of the Zoning Code.
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 (RD15). RD 15 exceeds the City average and
is considered high crime area as compared to other reporting districts. The RD’s Crime Count is 643, which is 445 percent over the Citywide count average of 118 percent. Since this area has 20% greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the
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area is found to have undue concentration. However, RD 15 contains a large number of visitor and tourist-serving nonresidential uses. Lido Marina Village, Cannery
Village, the Newport Boulevard business corridor, and McFadden Square consist of
many eating and drinking establishments that serve residents and visitors to the area. The intent of the zoning designations in this beach area, as well as the two adjacent reporting districts, is to provide various commercial and retail uses to support the surrounding residential area and surrounding visitor and tourist-serving
destinations. Beach areas have a higher concentration of land uses and, therefore,
tend to have a higher crime rate than other areas in the City. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use and based on the location and operational characteristics, has no objection to the
proposed Type 41 (On-Sale Beer and Wine - Eating Place) 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. Due to the high concentration of commercial land uses, the resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than other areas of the City. The highest volume crime in this area is aggravated assault
and the highest volume arrest in the area is disorderly conduct. Driving under the
influence, public intoxication, and liquor law violations make up 37% of arrests in this reporting district. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. The Property is located in a mixed-use zoning district which allows for residential
uses when intermixed with nonresidential uses and currently improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the Property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the
southeast of the Property. The nearest church, Our Lady of Mount Carmel, is located
approximately 0.5 miles to the south of the Property along West Balboa Boulevard. The nearest school, Newport Elementary, is located 0.7 miles to the south of the Property along West Balboa Boulevard. The nearest daycare center, Children’s Center by the Sea, is approximately 0.6 miles to the south along West Balboa
Boulevard. The Restaurant will be located on the ground level of mixed-use
development and adjacent to existing commercial, retail, office, and food service uses and other similar uses on adjacent properties.
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2. The Project does not propose late hours (after 11:00 p.m.), and conditions of approval are in place to help minimize negative impacts that the Project may have
to surrounding land uses and ensure that the Restaurant is compatible with the
surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption.
1. The Restaurant is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including among others, Woody’s Wharf, The Crab Cooker, Stag Bar + Kitchen. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area.
2. The per capita ratio of one license for every 76 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD15 area. While the Restaurant is in close proximity to other
establishments selling alcoholic beverages, the physical and operational
characteristics of the proposed establishment would make the alcoholic beverage sales in conjunction with its operation appropriate at this location. v. Whether or not the proposed café/wine bar will resolve any current objectionable
conditions.
1. There are no current objectionable conditions related to alcohol sales. The Restaurant and service of alcohol beverages with food will provide convenience to the customers. The NBPD also has no objections to the Restaurant. Conditions of
approval are in place to limit objectionable conditions due to noise and trash at the
establishment. 2. The Project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the findings and facts in support of such findings are set forth as follows:
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Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding:
1. The General Plan land use designation for the Property is Mixed-Use Water 2 (MU-W2)
and applied to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The Restaurant, which will be a part of the mixed-use development that allows residential, office, retail and food service uses, is consistent with this land use
designation.
2. The Restaurant does not result in an increase in the gross floor area developed at the Property, and therefore, the Project would not exceed the maximum allowable development square footage allowed the General Plan.
3. The Restaurant is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the city. The new Restaurant with an outdoor dining area will diversify the use and provide an additional visitor- and local-serving convenience.
4. Eating and drinking establishments inclusive of Restaurant are common in the vicinity within the Balboa Peninsula and are frequented by visitors and residents. The existing mixed-use development is compatible with the land uses permitted within the surrounding neighborhood. The Restaurant will provide synergy to the existing mixed-
use development and revitalize the surrounding neighborhood.
5. Adjustment to off-street parking requirements is consistent with General Plan Land Use Policy LU 1.5 (Economic Health) which encourages a local economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provide
employment and revenue to support high-quality community service. Adjusting the
parking requirements is an appropriate tool that supports high quality commercial uses to succeed while negating any negative impacts that could result from a parking reduction.
6. The Restaurant is consistent with General Plan Land Use Policy LU6.8.4 (Shared
Parking Facilities) encourages the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests and business patrons. The proposed shared parking arrangement will continue to provide adequate parking for the residents, guests and the
commercial uses as proposed in the parking management plan and described in
Adjustment to Off-Street Parking Requirement below. 7. The Restaurant is consistent with General Plan Land Use Policy LU6.12.1 (Priority Uses) and Coastal Land Use Plan Land Use Policy 2.1.5-7 as stated that one of the
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goals for the McFadden Square area is to “accommodate visitor and local-serving uses that take advantage of McFadden Square’s waterfront setting including specialty retail,
restaurants, and small-scale overnight accommodations.” by providing a visitor and
local-serving restaurant use to the project site and community. 8. 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 the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The
Restaurant will be located on the ground floor of a mixed-use development which
consists of residential units located on the top floors of office, retail uses, and two approved food service uses. 2. The Restaurant is considered as a food service use with no late hours of operation and
a conditionally permitted use subject to obtaining a Minor Conditional Use Permit (MUP)
within this district. 3. The Newport Beach City Council adopted Ordinance No. 2023-6 on May 23, 2023, which amended the parking standards citywide 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 standards, Facts 1 through 9 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 operation of the Restaurant will be restricted to the hours between 7:00 a.m. to 10:00 p.m., seven days a week. The closing hours are compatible with the two approved restaurants within the mixed-use development and other nearby eating and drinking establishments.
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2. The proposed 932 square-foot Restaurant consists of 306 square-foot interior net public
area (“NPA”) and a 368 square foot outdoor patio for dining purposes. Live
entertainment and dancing are not proposed. 3. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the Restaurant is located within the
mixed-use development where residential units are located on the subject property, the
building is located towards the front of development and adjacent to the mixed-use development’s central promenade and the Newport Boulevard. The applicant is also required to control noise generated by the Restaurant, and trash and litter around their leased area.
4. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The Project has been conditioned to ensure the welfare of the on-site residents and surrounding community.
5. The Applicant is required to obtain Health Department approval prior to opening the Restaurant and is further required to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment.
6. The Restaurant is located in a mixed-use development that currently has a parking
management plan to regulate the on-site shared parking arrangements. A new parking management plan is being proposed, as required by the proposed parking waiver, to address the parking demand generated by the proposed café/wine and the increased number of boat slips to be leased to the general public, including commercial tenants of
the Property, and to ensure that on-site parking resources are available to address
parking demand predicted by a shared parking demand analysis. Lastly, the proposed parking management plan is designed to maximize the use of all parking spaces located at the subject property under a controlled arrangement.
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 Restaurant will be restricted to its gross square footage inclusive of the proposed interior NPA and outdoor patio for dining purposes. The size, location, and operating
characteristics of the Restaurant are conditioned so that it will be compatible with the
mixed-use environment on-site and surrounding neighborhood. 2. Adequate public and emergency vehicle access, public services, and utilities are continuing to be provided to the subject property inclusive of the proposed after-hours
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security gates to be installed at the access points to the existing subterranean garage level. The Traffic Engineer and Fire Safety Services staff have reviewed and determined
the on-site circulation and access to the mixed-use development to accommodate the
Restaurant will function safely and will not prevent emergency vehicle access. 3. The tenant improvement and any potential upgrade to utilities to the project site to accommodate the Restaurant will comply with all Building, Public Works, and Fire
Codes. All ordinances of the City and all conditions of approval will be complied with.
Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use. Facts in Support of Finding:
1. The Restaurant has been reviewed and includes conditions of approval to ensure that potential conflicts with the on-site mixed-use environmental and surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance 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. 2. The Restaurant will provide casual-dining experiences and service of alcoholic beverages as a public convenience to the on-site residents and surrounding
neighborhood and visitors to the area. This will provide synergy to the mixed-use
development and provide an economic opportunity for the property owner to maintain a desired retail and service mix on-site, which best serve the quality of life for the residents and surrounding visitor and local-serving community.
3. The adjustment in the parking requirements is justified as the proposed parking
management plan indicated that there would be a surplus of on-site parking to accommodate the entire development including the Restaurant and the existing marina to be available for lease to the general public and commercial tenants of the Property. Additionally, a valet parking arrangement as part of the parking management plan is
also in place to ensure adequate parking is available at all times of the day.
4. The Restaurant is located in a mixed-use development and commercial district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. On-site bike racks will
be provided to support at least 45 bike spaces. These characteristics are justified in
considering the reduced number of parking spaces required for the proposed requests.
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Adjustment to Off-Street Parking Requirements
In accordance with NBMC Section 20.40.110.B (Reduction of Required Off-Street Parking),
off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits), and NBMC Section 21.40.110.A (Reduction of Required Off-Street Parking) and in compliance with the following conditions:
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. On February 9, 2017, the Planning Commission approved two conditional use permits to
allow a fine dining restaurant (UP2016-048) and a casual dining restaurant (UP2016-041) located at the podium level of mixed-use development and a 23-space parking waiver with a parking management plan (PA2016-157). The approvals also included a conversion of 2,388 square feet of planned commercial space to recreational and storage areas for the
residents and limited some of the boat slips to resident use to further reduce the parking
demand and traffic trip generation. Of the 23-space waiver, 16 spaces were supported by parking demand associated with the two restaurants and the remaining 7 spaces were related to changes in use of 9 boat slips: 7 boat slips to be leased to the general public and 2 boat slips to be available to the general public free of charge. As a result, the Planning
Commission conditioned the use of the boat slips as follows: 1) no more than 7 slips to be
leased to the general public, 2) a minimum 9 slips to be available to the residents and may not be subleased, and 3) the existing slipway located at the center of the marina and 2 boat slips located in adjacent to the fine dining restaurant are to be available to the public free of charge. The approved parking waiver documented the provision of 234 on-site
parking spaces and determined the use of shared parking arrangements identified in the
approved parking management plan is sufficient to accommodate parking demands for the entire mixed-use development including the two food uses and boat slip assignments at the marina.
2. The Restaurant requires one parking space per 40 square feet of NPA, excluding outdoor
dining area equal to 25% of the interior NPA or 1,000 square feet, whichever is less. The Restaurant has 306 square feet of interior NPA and 368 square feet of outdoor patio for dining purposes. After subtracting the 25% credit of the interior NPA (76 square feet) for the proposed outdoor patio, the total net NPA for interior and exterior dining areas equates
to 598 (306+292) square feet and requires 15 parking spaces.
3. The existing marina has 19 boat slips, 7 of which were allowed to be leased to the general public and 2 were to be available to the public free of charge by the previously approved
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7-space parking waiver (9 x 0.75 = 6.75 spaces) pursuant to PA2016-157. The remaining 10 slips are currently being leased by the residents with no parking requirement.
4. Boat slips require one parking space per 0.75 slip. The request to allow the remaining 10 boat slips, for a total of 19 boat slips to be leased to the general public and commercial tenants of the Property, generates 8 parking spaces.
5. The Restaurant and 10 boat slips to be leased to the general public and commercial
tenants of the Property generate a total of 23 (15+8) parking spaces to be provided at the existing mixed-use development, resulting in a parking waiver request of 23 (257-234) parking spaces as the Property currently has a total of 234 on-site parking spaces.
6. Based on the parking analysis submitted on September 5, 2024, by RK Engineering,
Inc., the City Traffic Engineer has determined that the existing 234 on-site parking spaces will adequately serve mixed-use development, Restaurant and requested number of boat slips to be leased to the general public and commercial tenants of the Property.
H. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan) with NBMC Subsections 20.40.110.B and C and
Subsections 21.40.110.A and B.
1. A parking management plan prepared by RK Engineering, Inc. was submitted on
September 5, 2024, as part of the proposed parking waiver. 2. The submitted parking management plan takes into account the previously approved parking management plan and provides assessment of the proposed parking
arrangements to accommodate the Restaurant, and 10 boat slips currently assigned for
resident usage to be leased to the general public, including commercial tenants of the Property. 3. The City Traffic Engineer has determined that the existing 234 on-site parking spaces
continue to adequately serve the existing mixed-use development, Restaurant and 10
boat slips, for a total of 19, to be available for lease to the general public, including commercial tenants of the Property. The existing on-site parking spaces will continue to be made available by utilizing the existing shared-parking arrangement including valet parking, when necessary, to ensure that parking will not spill over on to adjacent areas
and nearby on-street parking spaces which could impact public parking available for
coastal access. Coastal Development Permit
In accordance with Section 21.52.015.F (Coastal Development Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are as follows:
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Finding:
H. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. The Project conforms to applicable sections of the certified Local Coastal Program
(LCP). The Project would replace previously approved retail use with a food service use.
Food service uses are a permitted use in the MU-H2 zone by the Local Coastal Program Land Use Plan and Implementation Plan. The Project is a change of use in an existing vacant tenant space of the existing mixed-use development and allowance for existing boat slips to be leased to the general public, including commercial tenants of the
Property, would not result in any impacts to public view or natural resources.
2. Pursuant to Section 21.22.020 (Mixed-Use Coastal Zoning Districts) of the NBMC, eating and drinking establishments located in the Mixed-Use Water 2 (MU-W2) Zoning District that are classified as Food Service are an allowed use. The existing private
marina was approved and developed with 19 boat slips to be used by the residents
and/or leased to the general public and a slipway with publicly accessible docks for dinghies as part of the mixed-use development. Findings in support of the conditional use permit allowing Type 41 (On-Sale Beer and Wine - Eating Place) ABC alcohol sales on the premises and waiving the required on-site parking associated with the Restaurant
and boat slips are discussed in Findings under Alcohol Sales, Conditional Use Permit
and Adjustment to Off-Street Parking Requirements are hereby incorporated by reference. Finding:
I. 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.
Facts in Support of Finding:
1. The Project is located between the harbor and the nearest public road. The Project is consistent with the policies of Chapter 3 of the Coastal Act, as is replacing existing retail use with a food service use within an existing building and allowance for existing boat
slips to be leased to the general public and commercial tenants of the Property. The
Project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. No new construction or development to the existing mixed-use development or change to the existing marina is proposed, and therefore, existing public access to the waterfront and public recreation
will be continually maintained.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves PA2024-0074,
superseding Conditions of Approval Nos. 16.a, 16.b. and 16.c of Conditional Use Permit
Nos. UP2016-041 and UP2016-048, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. Approval of the Conditional Use Permit and Coastal Development Permit 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 NBMC Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program).
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF OCTOBER, 2024. AYES: Barto, Harris, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None ABSENT: Ellmore and Salene
BY:_______________________________ Mark Rosene, Chair
BY:_______________________________ Seimone Jurjis, Ex-Officio Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
3. The interior “net public area” of the café/wine bar shall not exceed 306 square feet. 4. The outdoor dining area shall not exceed 368 square feet.
5. The height of the boundary wall of the outdoor dining area shall be shown on the
approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor
dining area and not constitute a permanent all-weather enclosure. 6. The existing marina shall be limited to a total of 19 boat slips and a slipway with public-
accessible docks for dinghies. The boat slips shall be used as follow:
a. The boat slips may be leased to the general public including commercial tenants
of the Property, made available to the on-site residents of which may not be subleased, and made available to the public free of charge per the applicant's
discretion. This condition shall supersede Condition of Approval Nos. 16.a, 16.b
and 16.c of Planning Commission Resolution Nos. 2047 and 2048.
b. The slipway located at the center of marina shall be available to the public free of charge at all times.
c. No boat slips shall be used for overnight, permanent residence.
d. Signage shall indicate the allowed use of the slips. The number, size and location of the signage shall be approved by the Community Development Director.
7. All proposed signs for the Restaurant shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code.
8. Conditional Use Permit and Coastal Development Permit shall expire unless exercised
within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted.
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9. This Conditional Use Permit and Coastal Development Permit may be modified or
revoked by the Planning Commission should they determine that the proposed uses or
conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance.
10. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Conditional Use Permit and Coastal Development Permit or the processing of a new Conditional Use Permit and Coastal Development Permit.
11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the building permits. 12. Before the issuance of a building permit, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit and Coastal Development Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this
Conditional Use Permit and Coastal Development Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the plans. 13. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division. 14. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to food service (restaurant) use in accordance with
Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited
for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant.
15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code.
16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent.
17. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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.
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Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays.
18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way.
20. 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).
21. 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 Use Permit.
22. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure.
23. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Cade Café/Wine Bar including, but not limited to, Conditional Use Permit and Coastal Development Permit (PA2024-0074). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such
claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements
prescribed in this condition.
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Fire Department
24. Prior to issuance of Certificate of Occupancy, the applicant shall obtain a fire department operational permit for CO2 beverage dispensing. 25. Fire sprinkler plans shall be submitted and reviewed by Fire Department.
26. Fixed suppression system for cooking operations shall be submitted and reviewed by Fire Department. Police Department
27. The applicant shall comply with all federal, state, and local laws, and all conditions of the Type “41” (On-Sale Beer and Wine Alcoholic Beverage License). A material violation of any of those laws or conditions in connection with the use is a violation and may be caused the revocation of this Use Permit.
28. The hours of operation for the Restaurant including outdoor dining patio shall be limited between 7:00 a.m. and 10:00 p.m., seven days a week. 29. Food service shall be made available until closing.
30. There shall be no reduced priced alcoholic beverages promotions after 9:00 p.m. 31. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed.
32. 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.
33. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and
other applicable noise control requirements of the NBMC. Pre-recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26.
34. All owners, managers and employees must abide by all laws and conditions of the
Alcoholic Beverage License. 35. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with this establishment.
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36. The exterior of the business shall be always maintained free of litter and graffiti. The owner
or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises. 37. There shall be no live entertainment or dancing allowed on the premises.
38. All doors and windows of the facility shall remain closed after 10:00 p.m. except for the
ingress and egress of patrons and employees. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
40. Petitioner shall not share any profits or pay any percentage or commission to a promoter, or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks.
41. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited.
42. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
43. 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 program 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. 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.
Building Division 44. The applicant shall be 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 shall be required before the issuance of a building permit.
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Public Works Department
45. The requirements and recommendations of the Parking Management Plan prepared by
RK Engineering (dated September 5, 2024) shall be implemented. 46. Loading, unloading and deliveries for the entire development shall occur on site at all times. Loading, unloading and deliveries within the public right-of-way shall be
prohibited.
47. In the event issues/problems arise with the approved Parking Management Plan (i.e., parking queue within the public right-of-way), the applicant shall modify the Parking Management Plan to the satisfaction of the City Traffic Engineer and the Community
Development Director. Implementation of the modification Parking Management Plan
shall occur immediately upon approval and direction of the City. 48. The valet operation shall be implemented per the Parking Management Plan when the parking structure occupancy reaches 90%.
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