HomeMy WebLinkAbout20190801_ActionCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
August 2, 2019
Chihuahua Brewing Company, LLC.
660 Newport Center Drive #200
Newport Beach, CA 92660
info@chihuahuabrew.com
Subject: Limited Term Permit (Less Than 90 Days) No. XP2019-005
(PA2019-095)
3107 Newport Boulevard
Chihuahua Live Entertainment
Dear Chihuahua Brewing Company, LLC.,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
August 1, 2019 and effective on August 15, 2019. A copy of the approved action
letter with findings and conditions is attached. If you have any questions, please do
not hesitate to contact me directly. Thank you and I look forward to working with you
again in the future.
Sincerely,
David Lee, Assistant Planner
JM/dl
cc:
The Landing M2II, LLC.
660 Newport Center Drive #200
Newport Beach, CA 92660
leasing@villarealestate.com
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Application No. Chihuahua Live Entertainment Limited Term Permit No.
XP2019-005 (PA2019-095)
Applicant Chihuahua Brewing Company, LLC
Site Address 3107 Newport Boulevard
Legal Description Parcel 1 of Parcel Map No. 2009-135, as per map filed in Book
371, Pages 4 through 6 of Parcel Maps, in the office of the
County Recorder in the County of Orange, California
On August 1, 2019, the Zoning Administrator approved a limited term permit (less than 90
days) to allow live entertainment for an existing eating and drinking establishment
(restaurant) for a maximum of 60 days. The restaurant is proposing to have live acoustic
music that is limited to the interior of the restaurant. The proposed live music would have a
maximum of three performers at any given time and would only occur between 7:00 p.m.
and 9:00 p.m. on Tuesdays and Saturdays only. No stage is proposed and no dancing is
permitted. The limited term permit allows a trial period for the restaurant to evaluate the
feasibility and effects of live entertainment. The restaurant is considering a potential
amendment to its existing use permit to allow for live entertainment as part of the regular
operation. The property is located in the CN (Commercial Neighborhood) Zoning District.
The approval is based on the following findings and subject to the following conditions:
FINDINGS
Finding:
A. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 4 (Minor Alterations to Land).
Facts in Support of Finding:
1. Class 4 exempts minor temporary uses of land having negligible or no permanent
effects on the environment. The proposed live entertainment will operate on a
temporary basis and no improvements are proposed.
Chihuahua Live Entertainment Limited Term Permit (PA2019-095)
August 1, 2019
Page 2
Finding:
B. The operation of the limited duration use at the location proposed and within the time
period specified 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 requested limited duration use;
Facts in Support of Finding:
1. The existing restaurant is located within a commercial center with a variety of food and
retail uses. The commercial center is surrounded by residential uses to the north, south,
and east, and mixed-use to the west. No late hours for live entertainment are proposed,
as performances are limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays and
Saturdays. As conditioned, the limited term permit shall be for a duration of 60 days
only.
2. The limited term permit will allow for live acoustic music in the interior of the existing
restaurant. Performances shall not occur outside of the restaurant, including the outdoor
patio, so that noise will be confined indoors and the use will not be a detriment to the
surrounding neighborhood.
Finding:
C. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 3.75 acres in size. The proposed live music
entertainment is proposed within an existing restaurant and will not be a detriment to
other tenants within the commercial center or nearby residential and mixed-use
properties.
2. The lot is bound by Balboa Boulevard to the west, Newport Boulevard to the east, 32nd
Street to the north, and 30th Street to the south. The adjacent right-of-way (30th Street)
separates the lot from nearby residential properties within the R-2 (Two-Unit
Residential) Zoning District. Live performances shall be restricted to be inside of the
restaurant and thereby, will not impact the surrounding properties.
Finding:
D. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration
use would or could reasonably be expected to generate;
Chihuahua Live Entertainment Limited Term Permit (PA2019-095)
August 1, 2019
Page 3
Facts in Support of Finding:
1. The subject lot has four direct driveway approaches taken from Newport Boulevard,
32nd Street, Balboa Boulevard, and 30th Street. The live music entertainment is limited
to the interior of the restaurant and from the hours of 7:00 p.m. and 9:00 p.m. on
Tuesdays and Saturdays and is not expected to create an impact on traffic.
Finding:
E. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Fact in Support of Finding:
1. The proposed live music entertainment is a limited, ancillary use in an existing
restaurant which will enhance the dining experience of patrons in the restaurant. The
limited use is not expected to generate additional vehicular traffic and parking demand
to the plaza.
Finding:
F. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is Neighborhood Commercial (CN).
The CN designation is intended to provide for a range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The proposed use is
accessory to the existing restaurant, will be utilized for a limited duration on-site, and
will not impede use of the site consistent with the CN designation.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN
designation is intended to provide for a range of retail and service uses developed in
one or more distinct centers oriented to serve the needs of and maintain compatibility
with residential uses in the immediate area. The proposed use is ancillary to the
existing restaurant, will be utilized for a limited duration on-site, and will not impede use
of the site consistent with the CN designation. The CN zoning district allows temporary
uses as specified within the Zoning Code and the proposed limited duration use is
consistent with this designation.
3. The site is not located within a specific plan area.
Chihuahua Live Entertainment Limited Term Permit (PA2019-095)
August 1, 2019
Page 4
CONDITIONS
(Project-specific conditions are in italics)
1. The development shall be in substantial conformance with the approved floor plan
except as noted in the following conditions.
2. Anything not specifically approved by this limited term permit is prohibited and must be
addressed by a separate and subsequent review.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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 Use
Permit.
5. The Limited Term Permit is for live music entertainment in an existing restaurant for
60 days after the permit becomes effective.
6. Live entertainment shall be limited to hours between 7:00 p.m. and 9:00 p.m. on
Tuesdays and Saturdays.
7. All performances shall be acoustic only and shall not be amplified in any form. There
shall be no DJ present at any time.
8. Live entertainment shall be limited to the interior of the restaurant only. No
performances shall occur outside of the restaurant, including the outdoor dining area.
9. There shall be no more than three performers at any given time.
10. There shall be no dancing.
11. There shall be no stage constructed. Performances shall not block exits or exit paths
of travel.
12. Restaurant shall not exceed maximum occupancy load of 57 persons inside and 18
persons on patio.
13. All doors and windows shall be closed during performances.
14. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. The maximum noise level shall be limited to no more than depicted
below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
Chihuahua Live Entertainment Limited Term Permit (PA2019-095)
August 1, 2019
Page 5
15. The applicant shall retain a qualified engineer to prepare a noise study in order to
monitor the noise generated by the live entertainment and to ensure compliance with
these conditions.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. Should the live entertainment become a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants, this permit may be revoked.
18. 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 the Chihuahua Live Entertainment
Limited Term Permit including, but not limited to, Limited Term Permit No. XP2019-
005 (PA2019-095). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' 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, attorneys' 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development, within fourteen (14) days following the date the action or decision was rendered
unless a different period of time is specified by the Municipal Code. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Assistant Planner
Approved by:
JM/dl
Attachments: ZA 1 Vicinity Map
ZA 2 Floor Plan
Attachment No. ZA 1
Vicinity Map
VICINITY MAP
Limited Term Permit No. XP2019-005
(PA2019-095)
3107 Newport Boulevard
Subject Property
Attachment No. ZA 2
Floor Plan
1EFIXTURE PLAN3/8" = 1'-0"MOPSINKPOSPOSSALSA BARTRASH24X24
24X24
24X2424X4824X48 24X2424X48HAND
SINK
1 COMP SINK
3 COMPARTMENT SINKICE CUBER
KEG STORAGE RACK GRIDDLE(GAS)GRIDDLE(GAS)DESK24X48
24X48
KEG STORAGE RACK24X2424X48
36"x5
CHROME 36"x5CHROME48"x4CHROME60"x4CHROME60"x4CHROME24X4636"x5GREENWORKTOPFREEZER 60"30"
GREEN
36"x5
GREEN
48"x4
GREEN
36"x5
GREEN
48"x4
GREEN LOCKEREXTERIOREXTERIOREXTERIOREXTERIOR
EXTERIOR
EXTERIOR
24"x4CHROME24X4824X24
EXTERIOR
LOCKER24" CABTABLE24 X 6024X4824X2424X2424X4824X24TRASHTRASHCO2BENCH
36" PREPTABLEWORKTOPREFER 36"GASFRYERRANGEGRIDDLE(GAS)HOT FOODTABLE36"x5CHROME24X48
ICESODAFSFSFSFSFDFDFDFDFDFDSEATING AREAKITCHENWOMEN'STOILET ROOMMEN'STOILET ROOOMHALLWAYDRY STORAGEPATIO SEATINGPREP AREACOOLERCHIPOTLE(ADJACENT TENANT)N.I.C.POKE FRESH(ADJACENT TENANT)N.I.C.(E) REAR PARKING(E) SIDEWALK334545111522DGIHJLMNSTVWKKZZZZZZZZZZZZZZ109SODA LINE CONDUIT DETAIL2'-0"32"MIN. CLEAR3'-0"
CLEAR 3'-0"CLEARYX11TYP11TYP2'-8 1/8"V3'-0" CLEAR3'-0" CLEAREBC63'-0"CLEARAAABBF6INTERIOR SEATING COUNT:35EXTERIOR SEATING COUNT:18TOTAL SEATING COUNT:53SEATING COUNT3'-0"
CLEAR3'-0
"CLEAR
OADA ACCESSIBLE DOOR APPROACH SHOWN DASHEDADA ACCESSIBLE COUNTER APPROACH SHOWN DASHEDADA ACCESSIBLE SEATING AREACLEAR FLOOR SPACE DASHED60" MIN. TURNING CIRCLEEXHAUST HOOD ABOVENOT USEDSODA LINES OVERHEAD FROM BOH TO DROP DOWNTHROUGH WALL. G.C. TO PROVIDE CONDUIT SUFFICIENTFOR LINES.BAG N. BOX SODA SYSTEMTRENCH FLOOR FOR (E) ELECTRICAL & DATA LINES ANDCONDUIT. SEE ELECTRICAL DRAWINGS.36" ACCESSIBLE PATH1AFIXTURE PLAN KEYNOTESNO SCALEBEQUIPMENT LISTNO SCALE234567891011TAGDESCRIPTIONMANUFACTURER & MODEL NO.GAS COUNTERTOP GRIDDLEWORKTOP COOK STANDREFRIGERATORJADE RANGE JGT-2436 (3)BEVERAGE AIR MODEL NO. WTRCS36-1 (3)MEGA TOP PREP - REFRIGERATORBEVERAGE AIR MODEL NO. SPED36HC-15M-2HOT FOOD TABLESERVEWELL 38005 5-WELL HOT FOOD TABLERANGEIMPERIAL IR-4-XBPOUR MY BEER WALL TAP DISPENSINGWORKTOP REFRIGERATORBEVERAGE AIR MODEL NO. WTF36AHCGAS FRYERPITCO 65C+GAS FRYER24" WORKTABLE CABINETCHEFS' TOYS MODEL NO. 1900-SS-CSTM72" STAINLESS STEEL WORK TABLEBEVERAGE AIR MODEL WTF60AHCKEG STORAGE RACKJOHN BOOS MODEL NO. ALKR-2060-XCOMPARTMENT SINKGSW USA MODEL NO. SE18181LHAND SINKKROWNE METAL MODEL NO. HS-26LICE CUBERMANITOWOC MODEL NO. IY-0504A (B-570 ICE BIN)SODA DISPENSER ICE MACHINEMANITOWOC MODEL IYT0500NNOT USENOT USEDMOP SINKJOHN BOOS MODEL NO. EMS-2016-12-X(3) COMPARTMENT SINKGSW USA MODEL NO. SHH182443DLOCKERGSW USA MODEL NO. ELS-6DRABCDEFGHIJLMNOPQRSTUVKDESK1" MDF DESKTOP WITH PLASTIC LAMINATE FINISHWSODA DISPENSERCORNELIUS-DF 200/250HORCHATA/ AGUA FRESCATBDXYSTORAGE RACKINGCROWN BRANDS, LLC MODEL NO. VARIESZDNO SCALENOT USEDNOT USEDPROJECT NUMBERPROJECT SHEET NUMBERSHEET TITLECOPYRIGHT NOTICEexpress written permission from the Professionalbe reproduced in any manner without theproject and site named herein, and cannotfor any purpose other than the specificreferenced Professional and is not to be usedThis drawing is the property of the aboveDESCRIPTIONDATEFRANK CODABOB CERVASSTEVE ZELLNERBOB CERVAS03/21/18PERMIT RESPONSE06/05/18FIELD REVISIONS06/29/18 PC COMMENTS08/01/18 FIELD REVISIONSCHIHUAHUABREWINGCOMPANYNEWPORT BEACHCALIFORNIA3107 NEWPORT BLVD.NEWPORT BEACH, CA 9266320180004.0QUALITY CONTROLDRAWN BYPROJECT MANAGERISSUE/REVISION RECORDPROFESSIONAL SEALPROFESSIONAL IN CHARGEADDRESSCLIENT19000 MACARTHUR BLVD.SUITE 250IRVINE, CA 92612t: 949 296 0450FIXTURE PLANA05.00