HomeMy WebLinkAbout20201022_PC_MinutesPlanning Commission Minutes
October 22, 2020
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applications and the limited coverage area of small cell facilities. Carriers should provide a comprehensive plan
for wireless facilities.
Motion made by Commissioner Ellmore and seconded by Secretary Kleiman to approve the staff
recommendation with staff’s proposed modification.
AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Koetting, Rosene
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 6 CHIHUAHUA CERVEZA EXPANSION (PA2019-160)
Site Location: 3107 Newport Boulevard and 3109 Newport Boulevard
Summary:
Conditional Use Permit (CUP) and Coastal Development Permit for the expansion of an existing restaurant
into the adjacent commercial suite. The application includes a 25-space parking waiver and a change to the
existing alcohol license from a Type 41 ABC License (Beer and Wine) to a Type 47 (On-Sale General Eating
Place). The application also includes a request to allow limited live entertainment in the form of two non-
amplified performers and no late hours past 11 p.m. or dancing are proposed. If approved, the subject CUP
would supersede the existing CUP (UP2010-036).
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; and
3. Adopt Resolution No. PC2020-036 approving Conditional Use Permit No. UP2019-035 and Coastal
Development Permit No. CD2020-001.
Associate Planner David Lee reported the restaurant is located in The Landing Shopping Center, which has an onsite
parking lot providing 236 parking spaces. The center is zoned Neighborhood Commercial (CN) and includes a
grocery store, multiple restaurants, and retail and service uses. The project is an expansion of the existing restaurant
into the adjacent suite. The floor area of the restaurant will increase from 1,878 interior square feet to 2,616 interior
square feet, and the floor area for the patio will increase from 259 square feet to 626 square feet. The applicant
requests an upgrade of its Type 41 ABC license to a Type 47. The applicant proposes to change the hours of
operation from 9 a.m. to 11 p.m. daily to 6:30 a.m. to 10 p.m. Sunday through Thursday and 6:30 a.m. to 11 p.m.
Friday and Saturday for the interior and 6:30 a.m. to 10 p.m. daily for the exterior. Staff proposes a condition of
approval prohibiting alcohol service prior to 9 a.m. Currently, live entertainment is not permitted. The applicant
requests live entertainment on Tuesdays and Saturdays from 7 p.m. to 9 p.m.
Associate Planner Lee indicated that Chihuahua Cerveza is located in Suite 3107, and Suite 3109 was previously
occupied by a takeout establishment. The existing back of house, kitchen, and restrooms will remain in Suite 3107.
Suite 3109 will include an expanded dining room, bar area with 15 seats, beer and liquor storage, and expanded
patio dining. The current parking requirement for the shopping center is one space per 200 square feet. The shopping
center is required to provide 240 parking spaces but provides 236 spaces with a five-space parking waiver. The
expansion of the restaurant will cause the parking requirement to be calculated for each use. With this change, the
site is required to provide 261 parking spaces and will have a deficit of 25 spaces. A parking study was conducted in
May 2019 and found 57 percent occupancy at peak demand. With the expansion of Chihuahua Cerveza, occupancy
will increase to 66 percent at peak demand. Consequently, the existing parking lot will accommodate the expansion.
Associate Planner Lee further reported the restaurant is located in Reporting District 15, which has an undue
concentration of ABC licenses and a high crime rate. However, the Police Department has reviewed the application
and has no objections to it because the applicant does not propose late hours. The applicant will be required to obtain
an Operator's License if the application is approved. Based on the applicant's request for live entertainment, staff
has proposed conditions of approval limiting performances to acoustic only and the number of performers to a
maximum of two and requiring the closure of all doors and windows during performances. The applicant obtained
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limited term permits for live entertainment and conducted a sound study, which found no noise impacts above normal
limits for the area.
In response to Commissioner Ellmore's question, Associate Planner Lee advised that a visitor serving use attracts
people to an area, and this property is currently listed as such.
In reply to Commissioner Koetting's inquiries, Deputy Community Development Director Campbell stated the tenant
and landlord are the same person, and the property owner has authorized the project. Associate Planner Lee
indicated Pavilions has not provided comment. Notice of public hearings are provided to owners and occupants. The
original approval of a restaurant was granted in 2011, and the application included the patio. The parking waiver was
approved to allow additional patio space.
In answer to Commissioner Rosene's query, Associate Planner Lee explained that the parking requirement for a
shopping center containing at most 100,000 square feet and at most 15 percent of its gross floor area in eating and
drinking establishments is one parking space per 200 square feet of gross floor area. The expansion of Chihuahua
Cerveza pushes the gross floor area for eating and drinking establishments over 15 percent, and the parking
requirement is calculated for each use rather than the shopping center as a whole. The parking requirement for an
eating and drinking establishment is one space per 40 square feet of net public area.
Commissioners Ellmore, Klaustermeier, Rosene, and Koetting disclosed no ex parte communications. Secretary
Kleiman and Chair Weigand disclosed onsite meetings with the applicant’s consultant. Commissioner Lowrey
disclosed a telephone call with applicant’s consultant.
Chair Weigand opened the public hearing.
Kaitlin Crowley, applicant's representative, reported the restaurant will continue to close at 10 p.m. on weekdays and
11 p.m. on weekends. Live entertainment will be acoustical only, and all doors and windows will be closed during
performances. The conditions of approval are acceptable.
In response to Chair Weigand’s inquiry, Ms. Crowley indicated two security guards are responsible for having
vehicles towed if the owners leave the shopping center.
Chair Weigand suggested the Planning Commission allow live entertainment on Sundays from 11 a.m. to 2 p.m. and
specific holidays if the applicant is interested.
In response to Vice Chair Lowrey's query, Ms. Crowley related that the applicant seeks approval of live entertainment
to 9 p.m. rather than 10 p.m.
In reply to Secretary Kleiman's question, Associate Planner Lee reported the applicant does not anticipate a need
for overflow parking as the parking study found the parking lot is underutilized. However, the parking study includes
a parking management plan that includes carshare drop-off and pickup areas and valet parking if they are needed
in the future due to unforeseen circumstances.
In answer to Commissioner Koetting's inquiries, Associate Planner Lee indicated the existing restrooms are sufficient
for the existing and expanded use. Ms. Crowley confirmed that employees will park onsite and were included in the
parking study. Bicycle racks are also located onsite.
In response to Commissioner Ellmore's questions, Police Civilian Investigator Wendy Joe clarified that due to the
lack of late-night hours and the applicant's record, the Police Department believes the conditions of approval will
mitigate any concerns the Police Department may have. Reporting District 15 has the highest concentration of
licenses and crime in the City. The conditions of approval are quite extensive to cover many aspects of crime and
alcohol service.
Commissioner Ellmore expressed concern regarding the number of establishments serving alcohol in the district. He
appreciated the proposal to expand the restaurant but adding a bar is a concern.
Chair Weigand closed the public hearing.
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Commissioner Koetting believed approving a parking reduction of 10.6 percent of the required parking would set a
dangerous precedent and expressed concern about upgrading the liquor license.
Chair Weigand noted the Planning Commission could call the permits for review in a year's time to ensure parking is
sufficient and to review alcohol service.
Commissioner Ellmore preferred not to upgrade the ABC license to a Type 47.
Vice Chair Lowrey concurred with calling the permits for review in a year. Not allowing a Mexican restaurant to serve
a margarita does not fit the theme. The parking program seems to be staffed with two individuals who are having
vehicles towed if they should not be parked in the lot.
Commissioner Rosene agreed with Vice Chair Lowrey's comments.
Chair Weigand noted the use is a restaurant, not a bar. The expansion area is not large enough for a bar.
In reply to Commissioner Ellmore's question, Chair Weigand indicated the review would be mandatory.
Commissioner Ellmore remarked that allowing additional licenses for spirits in District 15 has to stop at some point.
Chair Weigand wanted to give operators the tools to remain in business and to be good investors in the community.
A review in one year will allow the Planning Commission to review operations and make changes if needed.
Motion made by Commissioner Rosene and seconded by Vice Chair Lowrey to approve the staff recommendation
with amendments requiring a review in one year, allowing acoustic performances on Sundays from 11 a.m. to 2 p.m.,
and allowing the Community Development Director to choose the holidays on which acoustic performances are
allowed.
AYES: Weigand, Lowrey, Kleiman, Klaustermeier, Rosene
NOES: Ellmore, Koetting
ABSTAIN:
ABSENT:
ITEM NO. 7 POUR VIDA RESTAURANT (PA2019-259)
Site Location: 5000 Birch Street
Summary:
A conditional use permit to establish a 3,027-square-foot restaurant with 1,830 square feet of net public area
(839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center Planned
Community Office Site B (KCN Site B). The restaurant includes a Type 41 (On-Sale Beer and Wine)
Alcoholic Beverage License, with no late hours. The proposed hours of operation are 6 a.m. to 11 p.m.,
Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live entertainment or
dancing.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3. Adopt Resolution No. PC2020-037 approving Use Permit No. UP2019-056.
Commissioner Ellmore recused himself due to a professional relationship with owners of the building. Vice Chair
Lowrey recused himself due to his membership in the Pacific Club.
Assistant Planner Melinda Whelan reported the location is an existing office space within a ten-story office building
in the Koll Center. Parking provided is a shared parking pool of 3,045 parking spaces. The area consists primarily of
offices, but Uptown Newport is located approximately 800 feet south of the subject site. The restaurant capacity will