HomeMy WebLinkAbout20201022_PC_Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 22, 2020
Agenda Item No. 6
SUBJECT:Chihuahua Cerveza Expansion (PA2019-160)
Conditional Use Permit No. UP2019-035
Coastal Development Permit No. CD2020-001
SITE LOCATION:3107 and 3109 Newport Boulevard
APPLICANT:Chihuahua Brewing Company, LLC.
OWNER:The Landing M2, LLC.
PLANNER:David Lee, Associate Planner
949-644-3225 or dlee@newportbeachca.gov
PROJECT SUMMARY
An expansion of anexisting 1,878-gross-square-foot restaurant with an existing 259-square-
foot patio into the adjacent commercial suite. With the 738-square-foot expansion, the
restaurant is proposed to be 2,616 square feet of gross floor area and 1,446 square feet of
net public area, with a 626-square-foot patio. This expansion requires additional parking that
the site does not provide. Therefore, a 25-space parking waiver would be necessary to
approve the application. The applicant proposes to upgrade the existing Type 41 (Beer and
Wine) Alcoholic Beverage Control (ABC) License to Type 47 (On-Sale General Eating
Place) and provide live entertainment. Pursuant to Newport Beach Municipal Code (NBMC)
Chapter 5.25, the operation requires the owner/operator to obtain an operator license with
the approval of a conditional use permit. No late hours or dancing are proposed as part of
this application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE CN (Neighborhood
Commercial)
CN (Commercial
Neighborhood)Retail shopping center
NORTH RT (Two Unit Residential)R-2 (Two-Unit
Residential)Single and two-unit dwellings
SOUTH PF (Public Facilities) and
RT (Two-Unit Residential)
PF (Public Facilities) and
R-2 (Two-Unit
Residential)
Public parking lot, and single and
two-unit dwellings
EAST CV (Visitor Serving
Commercial)
CV (Commercial Visitor-
Serving) Commercial
WEST RT (Two Unit Residential)R-2 (Two-Unit
Residential)Single and two-unit dwellings
Existing Restaurant
(3107) Adjacent Tenant
(3109)
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INTRODUCTION
Project Setting
The existing restaurant is located in an existing shopping center (The Landing), which is
bounded by Newport Boulevard and West Balboa Boulevard, between 30
th Street and
32nd Street. The shopping center includes a mix of commercial uses, including a grocery
store, various eating and drinking establishments, retail, and service uses. The shopping
center includes a large, 236-space on-site surface parking lot that serves all the uses
within the center.
Surrounding uses include residential neighborhoods, which are located directly adjacent
to the shopping center to the north, south, and west. Lido House Hotel is located
approximately 400 feet northwest of the shopping center.
Chihuahua Cerveza is an existing food service use within The Landing Shopping Center,
and the adjacent tenant suite at 3109 Newport Boulevard is currently vacant and was
previously occupied by a take-out service, limited tenant (Poké Cafe).
Project Description
The applicant is requesting a conditional use permit and coastal development permit for
the expansion of an existing 1,878-gross-square-foot restaurant (Chihuahua Cerveza)
with an existing 259-square-foot outdoor dining patio into an adjacent commercial suite.
With the expansion, the restaurant is proposed to be 2,616 square feet with a 626-square-
foot patio. The proposed expansion requires a reduction in off-street parking of 25 spaces.
The applicant proposes to upgrade the existing Type 41 (Beer and Wine) ABC License to
Type 47 (On-Sale General Eating Place) and provide live entertainment. Additionally, the
applicant proposes to amend the hours of operation from 9:00 a.m. to 11:00 p.m., daily, to
6:30 a.m. to 10:00 p.m., Sunday through Thursday, and 6:30 a.m. to 11:00 p.m., Friday
and Saturday for the interior. The hours of operation for the exterior patio are 6:30 a.m.
to 10:00 p.m., daily. Service of alcohol would begin at 9:00 a.m., daily. The restaurant will
provide acoustic-only live entertainment on Tuesday and Saturday evenings from 7:00 p.m.
to 9:00 p.m. No late hours or dancing are proposed as part of this application.
Background
The Landing Shopping Center was originally developed in 1960. In 2010, the shopping
center went through an expansion and extensive remodel, and obtained multiple use
permits for a parking waiver and eating and drinking establishments.
In 2010, the Planning Commission authorized the previous restaurant (Crow Burger) to
operate through Conditional Use Permit No. UP2010-036 (PA2010-155). This Use Permit
authorized an eating and drinking establishment with a Type 41 (Beer and Wine) ABC
License and hours of operation from 9:00 a.m. to 11:00 p.m., daily. Additionally, the hours
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of operation for the outdoor patio were limited from 9:00 a.m. to 10:00 p.m., daily. The
existing restaurant (Chihuahua Cerveza) has since taken over the suite and has been
operating pursuant to this Conditional Use Permit No. UP2010-036.
DISCUSSION
General Plan, Local Coastal Plan, and Zoning Code
The site is designated as Neighborhood Commercial (CN) by the General Plan and
Neighborhood Commercial (CN) (0.0 – 0.30 FAR) by the Coastal Land Use Plan. It is
located within the Commercial Neighborhood (CN) Zoning District and Coastal Zoning
District. The CN designation is intended to provide for a limited range of retail and service
uses developed in one or more distinct centers oriented to primarily serve the needs of
and maintain compatibility with residential uses in the immediate area. The proposed
project is an expansion of an existing restaurant into an existing adjacent commercial
space previously utilized for a take-out service, limited tenant. Eating and drinking
establishments (including alcohol) are allowed uses, subject to the approval of a use
permit.
The expansion of the existing restaurant is consistent with this designation because it will
continue to provide a service to the surrounding neighborhood that will help to maintain a
vibrant commercial area. As conditioned, the outdoor dining area would close by 10:00
p.m., daily, and the indoor dining area must close by 10:00 p.m. on Sunday through
Thursday, and 11:00 p.m. on Friday and Saturday. All patrons must vacate the premises
by these designated times. The closing hours will help to ensure the use remains
compatible with adjacent residential units and the surrounding neighborhood.
Alcohol Service
The existing restaurant operates with a Type 41 (Beer and Wine) ABC license. The
applicant is now requesting a Type 47 (Beer, Wine, and Liquor) ABC license. NBMC
Section 20.48.030 (Alcohol Sales) requires the Planning Commission to consider certain
factors when making the required findings to approve the use permit. The Police
Department has provided a report of Alcohol Related Statistics for consideration
(Attachment No. PC 2) with the factors required by NBMC Section 20.48.030 for
consideration.
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1. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Total Crime Count
RD No. 15 136 550 614
RD No. 13 38 177 170
RD No. 16 57 139 260
RD No. 12 58 80 151
Newport Beach 1,877 3,454 5,058
The Part One Crimes in Reporting District 15 (RD 15) is higher than the Part One Crimes
for adjacent districts. Overall, the crime for in RD 15 is 357 percent above the Citywide
reporting district average. In the last reporting period (2019), 6 arrests were made by the
Police Department at the subject property, and a total of 614 arrests were made in RD
15. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula,
the high concentration of restaurants, and the high ratio of non-residential to residential
uses. While the area does have a high concentration of ABC licenses, the findings can
be made despite higher concentrations of crimes. The Landing shopping center was
designed to accommodate a restaurant and the center has historically been occupied by
a restaurant with alcohol service. The service of alcoholic beverages would provide
additional menu options for customers and would enhance the economic viability of the
business.
2. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
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 drunkenness and the highest volume
arrest in the area is Public Intoxication. Driving under the influence, public intoxication,
and liquor law violations make up 32 percent 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. The Police
Department does not believe the approval of the application would significantly contribute
to or worsen crime in the area.
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
Although the establishment is located near a residential district, the property is situated
in a commercial zoning district within an existing commercial plaza with other
nonresidential uses. Residential neighborhoods are located adjacent to the plaza to the
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north, east, and south. To the west of the shopping center, there are existing commercial
uses. The project site is located approximately 800 feet from St. James Church on 32
nd
Street. The project site is also located approximately 1,000 feet from 38th Street Park and
approximately 750 feet from the beach. Due to the distances to these locations, the
restaurant expansion is not expected to negatively impact these uses. The current use
does not impact these uses and the expanded use is not expected to impact these nearby
sensitive uses. The project site is not in proximity to a daycare center, recreational facility,
school, or similar uses that attract minors. The proposed alcohol sales are not detrimental
to the community as a result of the proximity to any sensitive land uses.
4. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
The property is located in Census Tract 635, which has 88 active retail alcohol licenses
and a population of approximately 5,726 residents. This represents a per capita ratio of
one license for every 65 residents. Orange County has a per capita ratio of one license
for every 446 residents. Since the area’s ratio exceeds the ratio of on-sale retail licenses
to population in the County, the area is deemed to have an undue concentration of alcohol
licenses. Approval of the requested application does not increase the number of licenses
in the area. Several other establishments along Newport Boulevard currently have active
ABC Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by the Zoning Code. Within the same shopping
center, Chipotle Mexican Grill and Gina’s Pizza provide alcohol service to patrons. Other
nearby establishments such as Wild Taco, Helmsman Alehouse, Woody’s Diner, Bear
Flag Fish Company, Fable and Spirits, Malarky’s, and Session’s West Coast Deli also
provide alcohol service to patrons. The proximity to other establishments selling alcohol
does not raise a concern due to characteristics of the use, which is limited to 1,446 square
feet of interior net public area and an outdoor patio space of 626 square feet. Conditions
of approval will further prevent the establishment from operating as a bar or lounge.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The subject shopping center has historically been used by commercial businesses. On
May 29, 2020, Chihuahua Cerveza obtained an Emergency Temporary Use Permit to
provide outdoor dining for patrons during the COVID-19 pandemic. On one occasion, the
restaurant was found to be in violation in social distancing requirements. However, the
restaurant amended their permit to relocate their dining area and cooperated with the City
to ensure proper distancing would be observed. There is no evidence that suggests the
proposed commercial use will create objectionable conditions with the proposed
expansion.
The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is intended
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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.
Live Entertainment
The applicant is requesting live entertainment in the interior of the restaurant on Tuesday
and Saturdays, between 7:00 p.m. and 9:00 p.m. The live entertainment is acoustic only
and would have a maximum of two performers. No stage is proposed and no dancing
would be permitted. As conditioned, no live entertainment would be performed in the
outdoor dining area, and all doors and windows shall remain closed during performances.
On August 1, 2019, the Zoning Administrator approved Limited Term Permit No. XP2019-
005 (PA2019-095), which allowed for Chihuahua Cerveza to have a 60-day trial period
for live entertainment. During this period, an acoustical consultant (RK Engineering
Group, Inc.) took noise measurements during live performances indicating the noise did
not result in noise violations (Attachment No. PC 3). Subsequent to Limited Term Permit
No. XP2019-005 expiring, the Zoning Administrator approved Limited Term Permit No.
XP2020-001 (PA2020-017) for an additional 60-day trial run. No complaints regarding live
entertainment were received during the trial runs.
Should the Planning Commission approve the applicant’s request for the combination of
an upgrade Type 47 ABC license and permanent live entertainment, the Police
Department has recommended several conditions of approval to regulate and control
potential nuisances that the establishment may create. The Police Department has also
indicated that they would issue an Operator License based on the decision of the Planning
Commission.
Parking Reduction
Per NBMC Section 20.40.050 (Parking Requirements for Shopping Centers), the existing
shopping center is parked at a rate of one parking space per 200 square feet of gross
floor area. This parking rate is applied when the gross floor area of the shopping center
does not exceed 100,000 square feet, and when the gross floor area of all eating and
drinking establishments does not exceed 15 percent of the gross floor area of the
shopping center. There is an existing 6,659 square feet of eating and drinking
establishments within the shopping center, while the total gross floor area of the shopping
center is 47,812 square feet (13.9 percent). Using this parking requirement, the existing
shopping center requires 240 parking spaces (47,812 / 200 = 239.06). However,
Conditional Use Permit No. UP2010-002 (PA2009-153), which was approved on
February 4, 2010, waived five parking spaces with the provision of a parking management
plan. Therefore, the existing shopping center requires 235 parking spaces on-site. There
are 236 parking spaces that exist on-site, resulting in a surplus of one space (Table 1).
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Table 1: The Landing Shopping Center Parking Requirement (Existing Conditions)
Gross Floor Area (sq. ft.)47,812
Required Parking
(1 space per 200 gross SF)
240 spaces
Waived Parking
(Per UP2010-002)
5 spaces
Total Required Parking On-Site 235 spaces
Parking Provided 236 spaces
Parking Surplus 1 space
The proposed expansion of Chihuahua Cerveza causes the overall gross floor area of
eating and drinking establishments to exceed 15 percent of the overall gross floor area of
the shopping center.
Per NBMC Section 20.40.050, shopping centers occupying more than 15 percent of the
gross floor area of the center shall use a parking requirement equal to the sum of the
requirements prescribed for each use in the shopping center. There are a variety of
existing uses within the shopping center, which include eating and drinking
establishments, take-out dining, retail stores, a grocery store, a nail salon, and a bank
(see Table 1 of attached parking study as Attachment No. PC 4). Parking requirements
calculated for each individual use results in a parking requirement of 261 parking spaces,
resulting in a deficit of 25 parking spaces (261 – 236 = 25) (Table 2). A detailed summary
of the proposed parking requirements is provided in Table 6 of the attached parking study.
Table 2: Parking Requirement (Proposed Conditions)
Required Parking (Various Uses)261 spaces
Parking Provided 236 spaces
Parking Deficit 25 spaces
Under existing conditions, Chihuahua Cerveza and the adjacent Take-Out Limited Food
Service use requires 14 parking spaces, at a rate of one space per 200 gross square feet
(2,616 / 200 = 13.08). With the proposed expansion, Chihuahua Cerveza requires 37
parking spaces, at a parking rate of one space per 40 square feet of net public area (1,446
/ 40 = 36.15).
A parking study from October 5, 2020, has been provided by RK Engineering Group, Inc.
(Attachment No. PC 4). The study establishes a parking demand for the expansion of
Chihuahua Cerveza by providing parking counts during typical off-season operations and
weather conditions on a Thursday, Friday, and Saturday. The observed peak parking
demand occurred on Friday, May 17, 2019, where approximately 135 parking spaces out
of 236 were occupied (57 percent utilization). During the summer, parking on the Balboa
Peninsula is heavily impacted with beach visitors. However, the shopping center actively
enforces a “no beach parking” policy and regularly tows violators from the parking lot,
which mitigates the impacts during peak seasons. The project site is located close to the
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beach, which typically generates higher volumes of patrons who travel to the shopping
center by means of rideshare, walking or bicycling. With the expansion of the restaurant,
the parking study concludes that the peak parking demand would be approximately 156
spaces out of 236 provided (66 percent utilization). Therefore, the existing parking lot is
able to accommodate the restaurant expansion.
A parking management plan has been prepared as part of the parking study (Attachment
No. PC 4) in compliance with NBMC Subsection 20.40.110(C) to best utilize the site’s
parking supply if demand becomes an issue (although not anticipated). The plan includes
future considerations for providing a dedicated rideshare pick up and drop off area, setting
parking duration limits and enforcement through a parking patrol service, providing secure
bicycle parking, and encouraging employees to park away from entrances to restaurants
and shops. If necessary, the shopping center will provide a valet service during days and
hours of high parking demand.
Conditional Use Permit Findings
Pursuant to Section 20.52.020.F (Findings and Decision)of the Newport Beach Municipal
Code, the Planning Commission must make the following findings in order 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 CN General Plan land use designation and zoning
district, which provide for a limited range of retail and service uses developed in one or
more distinct centers oriented to primarily serve the needs of and maintain compatibility
with residential uses in the immediate area.
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The proposed hours of operation are appropriate for the neighborhood, as there are no
late hours requested. The expansion of the restaurant creates a change of required
parking for the entire shopping center and results in an overall deficit of 25 parking
spaces. However, the provided parking study concludes that, even with the increased
parking demand created by the expansion of the restaurant, the shopping center’s
existing 236 spaces are able to accommodate all visitors to the center during peak hours.
The upgraded ABC License Type in conjunction with an established eating and drinking
place does not significantly change the operating characteristics of the existing
restaurant, especially with the proposed hours of 6:30 a.m. through 10:00 p.m., Sunday
through Thursday and 6:30 a.m. through 11:00 p.m. on Friday and Saturday. The patio
will continue to close at 10:00 p.m., daily. The property has been accommodating an
eating and/or drinking establishment with beer and wine service since 2010 and there
have been no significant compatibility issues. Additionally, the Police Department has
reviewed the request and has no objection with the inclusion of conditions of approval
related to alcohol sales. The expanded restaurant will service the neighborhood by
providing dining services as a public convenience to visitors as well as residents to the
surrounding area. The service of liquor will complement the principal use of the restaurant
and provide an economic opportunity for the property owner to maintain a successful
business in a way that may better serve the community and visitors.
The existing restaurant and shopping center have proven to be physically suitable in
terms of design, location, shape, and size to support the use. The suite which the
restaurant is proposing to expand into is an existing take-out service, limited, food service
establishment. The existing restaurant will utilize the expansion space for additional
seating area, office space, and storage. Eating and drinking establishments have proven
to be physically suitable for the project location. The restaurant is proposing to provide
live entertainment on Tuesdays and Saturdays, from 7:00 p.m. to 9:00 p.m. The prepared
noise study (Attachment No. PC 3) monitored noise levels from the live music that was
performed at the project site, and concluded that the live entertainment did not result in
significant changes to the ambient noise environment at the project site or surrounding
residential uses. Additionally, there was no perceptible change in the ambient noise
environment and did not cause a noise violation per the standards set in the NBMC.
Coastal Development Permit Findings
The subject property is located within the Coastal Zone and requires a coastal
development permit (CDP). An existing restaurant is proposed to expand into a small
adjacent commercial suite. The proposed project is an intensification of an existing use
and therefore requires a coastal development permit. Pursuant to certified Local Coastal
Program (LCP) Implementation Plan Section 21.52.15 (F) (Findings and Decision), the
review authority may approve or conditionally approve a CDP application, only after first
finding that the proposed development:
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1. Conforms to all applicable sections of the certified Local Coastal Program (e.g.
development standards, no impacts to public views, natural resources, etc.); and
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments located in the
CN (Neighborhood Commercial) Coastal Zoning District that are classified as Food
Service, No Late Hours, are allowed uses, subject to the approval of a use permit. The
project is for an existing restaurant to expand into an existing adjacent commercial suite,
which was previously a take-out food establishment.
As previously discussed, the expansion creates a 25-space parking deficit which is
adequately addressed by the submitted parking study. The anticipated parking demand
is expected to be accommodated on-site and would not impact surrounding public street
parking in the area, thereby avoiding potential impacts to access. The restaurant, along
with the entire shopping center, provides visitor-serving uses that serve beach visitors
along the area. Since the existing parking lot is sufficient for the observed parking
demand, the restaurant expansion is not expected to impact public parking for beach
visitors.
The existing shopping center that the restaurant is located within is approximately 475
feet from the harbor and is not near any natural landforms or environmentally sensitive
areas. Additionally, the shopping center is located approximately 150 feet south off a
public beach access point. The project presents no impacts to public views or public
access of the coast.
Alternatives
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial, and allow staff to prepare a revised resolution for denial of
the project.
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Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment. The Class 1 exemption authorizes minor alterations to existing
structures involving negligible or no expansion of use. The Class 3 exemption allows for a
restaurant use up to 10,000 square feet in area. The proposed project involves an expansion
to an existing restaurant into an existing adjacent commercial space resulting in a 2,616-
gross-square-foot restaurant, and therefore qualifies for this exemption.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
occupants of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled meeting, consistent with the provisions of the
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website.
Prepared by:Submitted by:
___________________________
David S. Lee, Associate Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Police Department Memorandum
PC 3 Noise Study
PC 4 Parking Study
PC 5 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2020-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2019-035 AND COASTAL
DEVELOPMENT PERMIT CD2020-001 TO ALLOW A TYPE 47
(ON SALE GENERAL – EATING PLACE) ABC LICENSE WITH
LIVE ENTERTAINMENT FOR AN EXISTING RESTAURANT AND
WAIVE A PORTION OF THE OFF-STREET PARKING
REQUIREMENT AT THE PROPERTY LOCATED AT 3107 AND
3109 NEWPORT BOULEVARD (PA2019-160)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chihuahua Brewing Company LLC (“Applicant”), with respect
to property located at 3107 and 3109 Newport Boulevard, and legally described as Parcel
1 of Parcel Map No. 2009-135, as per map filed in Book 371, Pages 4 through 6 of Parcel
Maps, in the office of the County Recorder in the County of Orange, California (“Property”)
requesting approval of a conditional use permit and coastal development permit.
2. The Applicant seeks a conditional use permit to allow a Type 47 (On Sale General – Eating
Place) license with the Department of Alcoholic Beverage Control (“ABC”) for the
expansion of a 1,878-square-foot restaurant with an existing 259-square-foot patio into the
adjacent commercial suite to include live entertainment.With the expansion, the restaurant
is proposed to be 1,446 square feet of net public area and 2,616 square feet of gross floor
area with a 626-square-foot patio (“Project”). This expansion requests the parking
reduction of 25 parking spaces within the existing shopping center. The proposed hours
of operation are from 6:30 a.m. to 10:00 p.m., Sunday through Thursday, and 6:30 a.m.
to 11:00 p.m., Friday and Saturday for the interior. The hours of operation for the exterior
patio are 6:30 a.m. to 10:00 p.m., daily. Live entertainment is proposed on Tuesdays
and Saturdays, between 7:00 p.m. and 9:00 p.m. No late hours or dancing are proposed
as part of this application.
3. The Property is designated CN (Neighborhood Commercial) by the City of Newport Beach
General Plan (“General Plan”) Land Use Element and is located within the CN
(Commercial Neighborhood) Zoning District.
4. The Property is located within the coastal zone. The Local Coastal Program Coastal Land
Use Plan category is CN (Neighborhood Commercial - 0.0 to 3.0 FAR) and it is located
within the CN (Commercial Neighborhood) Coastal Zoning District.
5. A telephonic public hearing was held on October 22, 2020 in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the hearing was given in accordance with Government Code
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Planning Commission Resolution No. PC2020-036
Page 2 of 18
01-25-19
Section 54950 et seq.(“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public
Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves minor alterations to existing structures involving
negligible or no expansion of use.
3. The Class 3 (New Construction or Conversion of Small Structures) exemption includes
the construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion
of existing small structures from one use to another where only minor modifications are
made in the exterior of the structure, including restaurants under 2,500 square feet in
floor area. The Project involves an expansion to an existing restaurant (1,878 gross
square feet) into an existing adjacent commercial space (738 gross square feet) to
create a 2,616-square-foot restaurant. There are no known exceptions listed in CEQA
Guidelines Section 15300.2 that would invalidate the use of these exemptions.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
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 located in Reporting District 15 (RD 15). RD 15 exceeds the City
average, and is considered a high crime area as compared to other reporting
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districts. The RD’s Crime Count is 614, 357 percent over the Citywide crime count
average of 140. Since this area has 20 percent greater reported crimes than the
average number of reported crimes as determined from all crime reporting districts
within the City, the area is found to have undue concentration. 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 (2) adjacent reporting districts, is to provide various
commercial and retail uses to support the surrounding residential area and
surrounding visitor-serving and tourist 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, operational characteristics, and closing hour of 11:00
p.m., and has no objection to the addition of the Type 47 alcoholic beverage license
subject to appropriate conditions of approval.
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 drunkenness and
the highest volume arrest in the area is Public Intoxication. Driving under the
influence, public intoxication, and liquor law violations make up 32 percent 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. Although the Project is located near a residential district, the Property is situated in
a commercial zoning district within an existing commercial plaza with other
nonresidential uses. Residential neighborhoods are located adjacent to the plaza to
the north, east, and south. To the west of the plaza, there are existing commercial
uses.
2. The Project is not in proximity to a religious facility, daycare center, park, recreational
facility, school, or similar uses that attract minors.
3. The proposed alcohol sales are not detrimental to the community as a result of the
proximity to any sensitive land uses.
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iv.The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Several other establishments along Newport Boulevard currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by the Zoning Code. Within the same
shopping center, Chipotle Mexican Grill and Gina’s Pizza provide alcohol service to
patrons. Other nearby establishments such as Woody’s Diner, Bear Flag Fish
Company, Fable and Spirits, Malarky’s, and Session’s West Coast Deli also provide
alcohol service to patrons.
2. The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the use, which is limited to 1,446 square feet of
interior net public area and an outdoor patio space of 626 square feet. The proposed
hours of operation are from 6:30 a.m. to 10:00 p.m., Sunday through Thursday, and
6:30 a.m. to 11:00 p.m., Friday and Saturday for the interior. The hours of operation
for the exterior patio are 6:30 a.m. to 10:00 p.m., daily. Service of alcohol would
begin at 9:00 a.m., daily. Conditions of approval will further prevent the establishment
from operating as a bar or lounge.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The subject
shopping center has historically been used by commercial businesses. On May 29,
2020, Chihuahua Cerveza obtained an Emergency Temporary Use Permit to provide
outdoor dining for patrons during the COVID-19 pandemic. On one occasion, the
restaurant was found to be in violation in social distancing requirements. However,
the restaurant amended their permit to relocate their dining area and cooperated with
the City to ensure proper distancing would be observed. There is no evidence that
suggests the Project will create objectionable conditions with the proposed
expansion.
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.
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Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is CN (Neighborhood
Commercial), which is intended to provide for a limited range of retail and service
uses developed in one or more distinct centers oriented to primarily serve the needs
of and maintain compatibility with residential uses in the immediate area. The Project
is an expansion of an existing restaurant into an existing adjacent commercial space.
2. The expansion of the existing restaurant is consistent with this designation because
it will continue to provide a service to the surrounding neighborhood that will help to
maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must
close by 10:00 p.m. and the indoor dining area must close by 10:00 p.m. on Sunday
through Thursday, and 11:00 p.m. on Friday and Saturday. All patrons must vacate
the premises by these designated times. The closing hours will help to ensure the
use remains compatible with adjacent residential units and the surrounding
neighborhood.
3. The existing adjacent tenant space was previously utilized as a Take-Out Limited
food service use. The expansion of Chihuahua Cerveza into the adjacent space
would be consistent with the previous use.
4. The Property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other applicable
provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1. The Property is located in the CN (Commercial Neighborhood) Zoning District, which
is intended to provide for areas appropriate for a limited range of retail and service
uses developed in one or more distinct centers oriented to serve primarily the needs
of and maintain compatibility with residential uses in the immediate area. Eating and
drinking establishments (including alcohol) are allowed uses, subject to the approval
of a use permit.
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2. The expansion of the existing restaurant is consistent with this designation because
it will continue to provide a service to the surrounding neighborhood that will help to
maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must
close by 10:00 p.m. and the indoor dining area must close by 10:00 p.m. on Sunday
through Thursday, and 11:00 p.m. on Friday and Saturday. All patrons must vacate
the premises by these designated times. The closing hours will help to ensure the
use remains compatible with adjacent residential units and the surrounding
neighborhood.
3. Under NBMC Section 20.40.050 (Parking Requirements for Shopping Centers), the
existing shopping center is parked at a rate of one (1) parking space per 200 square
feet of gross floor area. This parking rate may be applied when the gross floor area
of the shopping center does not exceed 100,000 square feet, and when the gross
floor area of all eating and drinking establishments does not exceed fifteen (15)
percent of the gross floor area of the shopping center. There is an existing 6,659
square feet of eating and drinking establishments within the shopping center, while
the total gross floor area of the shopping center is 47,812 square feet (13.9 percent).
Using this parking requirement, the existing shopping center requires 240 parking
spaces (47,812 / 200 = 239.06). However, Conditional Use Permit No. UP2010-002
(PA2009-153), which was approved on February 4, 2010, waived five (5) parking
spaces with the provision of a parking management plan. Therefore, the existing
shopping center requires 235 parking spaces. There are 236 parking spaces that
exist on-site, resulting in a surplus of one (1) space.
4. The Project causes the overall gross floor area of eating and drinking establishments
to exceed fifteen (15) percent of the overall gross floor area of the shopping center.
Per NBMC Section 20.40.050, shopping centers occupying more than fifteen (15)
percent of the gross floor area of the center shall use a parking requirement equal to
the sum of the requirements prescribed for each use in the shopping center. Under
existing conditions, Chihuahua Cerveza and the adjacent take-out limited food
service use requires 14 parking spaces, at a rate of one (1) space per 200 gross
square feet (2,616 / 200 = 13.08). With the proposed expansion, Chihuahua Cerveza
requires 37 parking spaces, at a parking rate of one (1) space per 40 square feet of
net public area (1,446 / 40 = 36.15). There are a variety of existing uses within the
shopping center, which include eating and drinking establishments, take-out dining,
retail stores, a grocery store, a nail salon, and a bank. Parking requirements
calculated for each individual use results in a parking requirement of 261 parking
spaces, resulting in a deficit of 25 parking spaces (261 – 236 = 25).
5. A parking study from October 5, 2020 has been provided by RK Engineering Group,
Inc (the “Parking Study”). The Parking Study establishes a parking demand for the
expansion of Chihuahua Cerveza by providing parking counts during typical off-
season operations and weather conditions on a Thursday, Friday, and Saturday. The
observed peak parking demand occurred on Friday, May 17, 2019, where
approximately 135 parking spaces out of 236 were occupied (57 percent utilization).
With the expansion of the restaurant, the parking study concludes that the peak
parking demand would be approximately 156 spaces out of 236 provided (66 percent
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utilization). During the summer, parking on the Balboa Peninsula is heavily impacted
with beach visitors. However, the shopping center actively enforces a “no beach
parking” policy and regularly tows violators from the parking lot, which mitigates the
impacts during peak seasons. The Project is located close to the beach, which
typically generates higher volumes of patrons who travel to the shopping center by
means of rideshare, walking or bicycling. The Parking Study concludes that even
with the Project’s increase of parking demand, the existing parking lot is able to
accommodate the proposed expansion of the restaurant.
6. The Parking Study concludes that on-site parking provided in the shopping center is
adequate to accommodate the proposed project. However, in compliance with
NBMC Subsection 20.40.110(C), a parking management plan has been prepared in
case the site’s parking supply needs to be better utilized. The plan includes future
considerations for providing a dedicated rideshare pick up and drop off area, setting
parking duration limits and enforcement through a parking patrol service, providing
secure bicycle parking, and encouraging employees to park away from entrances to
restaurants and shops. If necessary, the shopping center will provide a valet service
during days and hours of high parking demand.
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. Commercial uses such as restaurants are common in the vicinity of Newport
Boulevard and serve visitors and residents. As conditioned, the Project will be
compatible with the land uses permitted within the surrounding neighborhood.
2. The Project is an existing restaurant located within an existing shopping center and
will complement the existing mix of retail, service, and restaurant uses in the
immediate area. The adjacent commercial space that the restaurant will expand into
was previously a take-out service, limited, food service establishment.
3. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is nearby
residential units, the building is oriented toward 32
nd Street. There are residential
units located north of 32nd Street, but the outdoor dining area will be buffered by the
shopping center parking lot and the street.
4. A noise study was prepared by RK Engineering Group, Inc. on September 27, 2019
(the “Noise Study”), during a trial period of live entertainment. The Noise Study
monitored noise levels from the live music that was performed at the Property. The
Noise Study concluded that the live entertainment did not result in significant
changes to the ambient noise environment at the Project or surrounding residential
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uses, as there was no perceptible change in the ambient noise environment and did
not cause a noise violation per the standards set in the NBMC.
5. As conditioned, the outdoor dining area will close by 10:00 p.m., daily, and the interior
of the restaurant will close by 10:00 p.m. on Sunday through Thursday and 11:00
p.m. on Friday and Saturday. The closing hours will help to ensure there is no
detriment to the adjacent residential neighborhood.
6. The NBPD has reviewed the Project and has no objections. 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
surrounding community.
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 Project is located within an existing shopping center. The adjacent commercial
space, which was previously a take-out service, limited, food use, will be utilized for
additional seating area, office space, and storage. The design, size, location, and
operating characteristics of the use are compatible with the surrounding neighborhood.
2. The existing kitchen, food prep area, restrooms, and storage areas will remain in the
existing restaurant and will be unaffected by the expansion. However, the Applicant is
required to obtain Orange County Health Department approval prior to opening for
business, and comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades required for the
change in occupancy will be required at plan check for the building permit.
4. The tenant improvements to the Property will comply with all Building, Public Works,
and Fire Codes. All City ordinances and all conditions of approval will be complied
with.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, 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.
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Facts in Support of Finding:
1. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is nearby to
residential units, the building is oriented toward 32
nd Street. There are residential
units located north of 32nd Street, but the outdoor dining area will be buffered by the
shopping center parking lot and the street.
2. The Noise Study monitored noise levels from the live music that was performed at
the Property. The Noise Study concluded that the live entertainment did not result in
significant changes to the ambient noise environment at the Project or surrounding
residential uses, as there was no perceptible change in the ambient noise
environment and did not cause a noise violation per the standards set in the NBMC.
3. As conditioned, the outdoor dining area will close by 10:00 p.m., daily, and the interior
of the restaurant will close by 10:00 p.m. on Sunday through Thursday and 11:00
p.m. on Friday and Saturday. The closing hours will help to ensure there is no
detriment to the adjacent residential neighborhood.
4. The NBPD has reviewed the Project and has no objections. 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
surrounding community.
5. The Project has been reviewed and includes conditions of approval to help ensure
that potential conflicts with the 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.
6. The Type 47 (On Sale General – Eating Place) ABC License will provide dining
services as a public convenience to the surrounding residential neighborhood as well
as to visitors. The service of alcohol will complement the principal use of the facility
as a restaurant and provide an economic opportunity for the property owner to
maintain a successful business in a way that best serves the community.
7. 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.
Off-Street Parking Reduction
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
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permit in compliance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use
Permits) as follows:
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. The Project causes the overall gross floor area of eating and drinking establishments
to exceed fifteen (15) percent of the overall gross floor area of the shopping center.
Per NBMC Section 20.40.050, shopping centers occupying more than fifteen (15)
percent of the gross floor area of the center shall use a parking requirement equal to
the sum of the requirements prescribed for each use in the shopping center. Under
existing conditions, Chihuahua Cerveza and the adjacent Take-Out Limited Food
Service use requires 14 parking spaces, at a rate of one (1) space per 200 gross
square feet (2,616 / 200 = 13.08). With the proposed expansion, Chihuahua Cerveza
requires 37 parking spaces, at a parking rate of one (1) space per 40 square feet of
net public area (1,446 / 40 = 36.15). There are a variety of existing uses within the
shopping center, which include eating and drinking establishments, take-out dining,
retail stores, a grocery store, a nail salon, and a bank. Parking requirements
calculated for each individual use results in a parking requirement of 261 parking
spaces, resulting in a deficit of 25 parking spaces (261 – 236 = 25).
2. The Parking Study establishes a parking demand for the expansion of Chihuahua
Cerveza by providing parking counts during typical off-season operations and
weather conditions on a Thursday, Friday, and Saturday. The observed peak parking
demand occurred on Friday, May 17, 2019, where approximately 135 parking spaces
out of 236 were occupied (57 percent occupancy). With the expansion of the
restaurant, the parking study concludes that the peak parking demand would be
approximately 156 spaces out of 236 provided (66 percent utilization). During the
summer, parking on the Balboa Peninsula is heavily impacted with beach visitors.
However, the shopping center actively enforces a “no beach parking” policy and
regularly tows violators from the parking lot, which mitigates the impacts during peak
seasons. The Project is located close to the beach, which typically generates higher
volumes of patrons who travel to the shopping center by means of rideshare, walking
or bicycling. The Parking Study concludes that even with the Project’s increase of
parking demand, the existing parking lot is able to accommodate the proposed
expansion of the restaurant.
Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
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Fact in Support of Finding:
1. The Parking Study concludes that on-site parking provided in the shopping center is
adequate to accommodate the proposed project. However, in compliance with
NBMC Subsection 20.40.110(C), a parking management plan has been prepared in
case the site’s parking supply needs to be better utilized. The plan includes future
considerations for providing a dedicated rideshare pick up and drop off area, setting
parking duration limits and enforcement through a parking patrol service, providing
secure bicycle parking, and encouraging employees to park away from entrances to
restaurants and shops. If necessary, the shopping center will provide a valet service
during days and hours of high parking demand.
Coastal Development Permit
The Conditional Use Permit is consistent with the legislative intent of Title 21 (Local Coastal
Program Implementation Plan) of the NBMC and the Planning Commission approves the
Coastal Development Permit based on the following findings per Section 21.52.015.F (Coastal
Development Permits – Findings and Decision) of the NBMC:
Finding:
I. That the proposed use conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Conditional Use Permit is for the expansion of an existing restaurant into an
existing adjacent commercial suite.
2. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses,
Table 21.20-1) of the Implementation Plan, eating and drinking establishments
located in the CV Coastal Zoning District that are classified as Food Service, No Late
Hours, are allowed uses, subject to the approval of a use permit.
3. The Project causes the overall gross floor area of eating and drinking establishments
to exceed fifteen (15) percent of the overall gross floor area of the shopping center.
Per NBMC Section 20.40.050, shopping centers occupying more than fifteen (15)
percent of the gross floor area of the center shall use a parking requirement equal to
the sum of the requirements prescribed for each use in the shopping center. Under
existing conditions, Chihuahua Cerveza and the adjacent Take-Out Limited Food
Service use requires 14 parking spaces, at a rate of one (1) space per 200 gross
square feet (2,616 / 200 = 13.08). With the proposed expansion, Chihuahua Cerveza
requires 36 parking spaces, at a parking rate of one (1) space per 40 square feet of
net public area (1,432 / 40 = 35.8). There are a variety of existing uses within the
shopping center, which include eating and drinking establishments, take-out dining,
retail stores, a grocery store, a nail salon, and a bank. Parking requirements
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calculated for each individual use results in a parking requirement of 261 parking
spaces, resulting in a deficit of 25 parking spaces (261 – 236 = 25).
4. The Parking Study establishes a parking demand for the expansion of Chihuahua
Cerveza by providing parking counts during typical off-season operations and
weather conditions on a Thursday, Friday, and Saturday. The observed peak parking
demand occurred on Friday, May 17, 2019, where approximately 135 parking spaces
out of 236 were occupied (57 percent occupancy). During the summer, parking on
the Balboa Peninsula is heavily impacted with beach visitors. However, the shopping
center actively enforces a “no beach parking” policy and regularly tows violators from
the parking lot, which mitigates the impacts during peak seasons. The Project is
located close to the beach, which typically generates higher volumes of patrons who
travel to the shopping center by means of rideshare, walking or bicycling. The
Parking Study concludes that even with the Project’s increase of parking demand,
the existing parking lot is able to accommodate the proposed expansion of the
restaurant.
5. The Project is an expansion of an existing restaurant into a small adjacent
commercial suite that was previously occupied by a take-out limited food service use.
The restaurant, along with the entire shopping center, provides visitor-serving uses
that serve beach visitors along the area. Since the existing parking lot is sufficient
for the observed parking demand, the restaurant expansion is not expected to impact
public parking for beach visitors.
6. The Conditional Use Permit is for a property within a developed shopping center that
is approximately 475 feet from the harbor and is not near any natural landforms or
environmentally sensitive areas.
7. The Property is located approximately 150 feet south from a public beach access
location identified by the Coastal Land Use Plan. However, the Project is located
within an existing shopping center and is to expand into an existing commercial suite.
There are no impacts to public access to the beach.
Finding:
J. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
Fact in Support of Finding:
1. The Property is not located between the nearest public road and the sea or shoreline
of any body of water located within the coastal zone. The Property is located
approximately 475 feet from a public beach or harbor (approximately 1,000 feet) and
is not located near a public viewpoint designated by the Coastal Land Use Plan.
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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 pursuant to Section
15301 under Class 1 (Existing Facilities)and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2019-035 and Coastal Development Permit No. CD2020-001, 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 fourteen (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).
4. This resolution supersedes City Council Resolution No. 2011-27, which upon vesting of
the rights authorized by this Conditional Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 22
ND DAY OF OCTOBER, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, 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 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
approval.
4.Conditional Use Permit No. UP2019-035 and Coastal Development Permit No. 2020-001
shall expire unless exercised within 24 months from the date of approval as specified in
Section 20.54 of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
5. This 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 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, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
7. A copy of the resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
8. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9.The interior net public area shall be limited to 1,446 square feet.
10.The exterior patio shall be limited to 626 square feet.
11.The bar counter shall have a maximum of 15 seats.
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12.The restaurant, including but not limited to all dining areas, bar area, and outdoor patio,
shall have a maximum of 114 seats.
13.The hours of operation shall be 6:30 a.m. to 10:00 p.m., Sunday through Thursday, and
6:30 a.m. to 11:00 p.m., Friday and Saturday for the interior. The hours of operation for
the exterior patio shall be 6:30 a.m. to 10:00 p.m., daily.
14.Alcohol shall not be served before 9:00 a.m.
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. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16.Live entertainment shall be limited to the hours of 7:00 p.m. to 9:00 p.m. on Tuesdays
and Saturdays.
17.There shall be a maximum of two (2) performers at any given time.
18.All live entertainment performances shall be acoustic only and shall not be amplified in
any form. There shall be no DJ present at any time.
19.There shall be no dancing.
20.There shall be no stage constructed. Performances shall not block exits or exit paths of
travel.
21.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.
22.All windows and doors shall remain closed during performances.
23. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
24. 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.
31
Planning Commission Resolution No. PC2020-036
Page 16 of 18
01-25-19
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
25. No outside paging system shall be utilized in conjunction with this establishment.
26. 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.
27. 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.
28. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
29. 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).
30. 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.
31. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
32. 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.
33. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Chihuahua Cerveza Expansion including, but not limited to, Coastal
32
Planning Commission Resolution No. PC2020-036
Page 17 of 18
01-25-19
Development Permit No. CD2020-001 and Conditional Use Permit No. UP2019-035
(PA2019-160). 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.
Building Division
34. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
Police Department
35. The Project approval is for an eating and drinking establishment with on-sale alcoholic
beverage service. The type of alcoholic beverage license issued by the California Board
of Alcoholic Beverage Control shall be Type 47 (On-Sale General – Eating Place).
36. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the Use permit.
37. 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 every 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.
38. The quarterly gross sales of on-sale 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 NBPD on demand.
39. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
33
Planning Commission Resolution No. PC2020-036
Page 18 of 18
01-25-19
40. The full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
41. 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 that are clearly visible to the
exterior shall constitute a violation of this condition.
42. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
43. No games or contest requiring or involving the consumption of alcoholic beverages shall
be allowed.
44. Strict adherence to maximum occupancy limits is required.
45. “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).
46. The Applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request.
47. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, and may
be subject to additional and/or more restrictive conditions such as a security plan to
regulate and control potential late hour nuisances associated with the operation of the
establishment.
34
Attachment No. PC 2
Police Department Memorandum
35
INTENTIONALLY BLANK PAGE36
37
38
39
40
41
INTENTIONALLY BLANK PAGE42
Attachment No. PC 3
Noise Study
43
INTENTIONALLY BLANK PAGE44
September 27, 2019
THE LANDING
C/o Ms. Kaitlin Crowley, Mobilitie
3107 Newport Boulevard
Newport Beach, CA 92663
Subject: Chihuahua Tap House Live Music Supplemental Noise Analysis, City
of Newport Beach
Dear Ms. Crowley:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this noise analysis for live music at
the Chihuahua Tap House. The property is located at 3107 Newport Boulevard, in the City
of Newport Beach. The Chihuahua Tap House restaurant is currently operational and is
located within the existing Landing Shopping Center.
The Chihuahua Tap House, pursuant to a limited term (60-day) permit (XP2019-
005/PA2019-095), hosted live music two (2) days a week. The limited term permit’s
effective date was August 15, 2019. The Chihuahua Tap House is currently applying for a
new Conditional Use Permit (CUP) to, among other modifications, expand the square
footage of the restaurant and to allow live music on the premises.
The purpose of this study is to monitor and report noise levels from the current live music
that was performed at the project site, and determine whether the continued operation of
live music would cause noise impacts to adjacent noise sensitive land uses, if authorized by
the City pursuant to the requested CUP.
This report is intended to serve as a supplement to the Chihuahua Tap House Limited Term
Permit Application Noise Impact Study, May 21, 2019, RK.
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Noise Analysis Methodology
Live music at the Chihuahua Tap House was monitored by RK on the following two (2)
days:
x Tuesday, September 3, 2019
x Saturday, September 7, 2019
Live music was provided between the hours of 7 p.m. and 9 p.m. per the limited term
permit, and for each of the identified evenings, RK conducted three (3) short-term noise
level measurements at the project site and one (1) 24-Hour noise measurement at the
nearest adjacent residential properties, located along 32nd Street. Noise level measurements
capture both the ambient noise levels without the live music and the noise levels with live
music.
x Short-term noise level measurements were conducted for 10-minute intervals
adjacent to the Chihuahua Tap House restaurant. The noise meter was placed
approximately 5 feet above ground level and 10 feet from the building façade,
adjacent to the parking lot. Short term noise levels are representative of the noise
levels outside of the Chihuahua Tap House prior to and during live music events.
x 24-Hour noise level measurements were conducted over a 24 hour period adjacent
to the residential homes along 32nd Street, across the street from the project site
(approximately 220 feet away). The noise meter was placed at approximately 10 feet
above ground level and 5 feet from the residential property line (in a sidewalk tree).
RK used a Piccolo-II Type 2 integrating-averaging sound level meter for all noise
measurements. Sound level measurements were conducted in accordance with the City of
Newport Beach technical noise specifications. All measurement equipment meets American
National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983
identified in Chapter 19.68.020.AA). The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical
data were recorded over the measurement time period intervals and the information was
utilized to define the noise characteristics for the project.
Exhibit A provides a location map of the project site and surrounding land uses.
Appendix A includes photos, field notes, and measured noise data for each live music
event.
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Live Music - September 3, 2019
The following details and observations are provided for the live music performed at the
Chihuahua Tap House on Tuesday, September 3, 2019.
The Chihuahua Tap House held a “Taco Tuesday” event with food and drink specials and a
live performance of mariachi music. The mariachi performers consisted of two (2) people
singing and playing acoustic guitars. The mariachi performers played inside the restaurant,
and the doors between the patio dining area and interior seating area were kept closed,
except to allow patrons to enter and exit.
The mariachi performers started playing music at 7:00 PM and finished by 9:00 PM. The
noise measurements shown in Table 2 reflect noise levels while the band played inside the
restaurant.
Prior to the live music beginning, RK conducted one (1) short-term noise measurement
immediately outside of the restaurant along the sidewalk facing the parking lot. Table 1
shows the noise levels (dBA) for existing ambient conditions prior to the start of the live
music.
Table 1
Short-Term Noise Measurement Results – (9/3/19)
Without Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-1 6:06 PM 67.6 59.2 83.2 73.3 70.5 67.8 65.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown are in A-weighted decibel
scale dB(A).
ST-1: Ambient noise includes noise from the parking lot, conversational noise from
restaurant patrons on the patio, patio restaurant speakers, people talking along
the sidewalk, and traffic noise from Newport Boulevard.
Once the live music event began, RK conducted two (2) more short-term noise
measurements in the same location as ST-1. Table 2 shows the noise levels (dBA) during
the live music event.
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Table 2
Short-Term Noise Measurement Results – (9/3/19)
With Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-2 7:20 PM 66.0 59.1 74.4 70.3 68.3 66.8 65.3
ST-3 7:30 PM 67.3 58.7 80.7 73.2 70.2 67.6 65.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown in A-weighted decibel scale
dB(A).
ST-2: Noise levels include noise from the restaurant live music, restaurant speakers
playing background music, people talking along the sidewalk and noise from
patrons from the patio and traffic noise from Newport Boulevard. All music
played indoors.
ST-3: Noise levels include noise from the restaurant live music, patio speakers, people
talking along the sidewalk and noise from patrons from the patio and traffic
noise from Newport Boulevard.
Table 3 shows the 24-hour community noise exposure levels near the residential properties
along 32nd Street on September 3, 2019, one of the days live music was performed.
Table 3
24-Hour Noise Measurement Results – (9/3/19)
Time Noise Level (Leq)1 Time Noise Level (Leq)1
12:00 AM 67.6 12:00 PM 66.7
1:00 AM 66.1 1:00 PM 66.9
2:00 AM 62.9 2:00 PM 68.6
3:00 AM 61.9 3:00 PM 66.4
4:00 AM 66.2 4:00 PM 68.4
5:00 AM 69.6 5:00 PM 71.2
6:00 AM 74.0 6:00 PM 65.6
7:00 AM 67.1 7:00 PM2 69.9
8:00 AM 67.2 8:00 PM2 68.7
9:00 AM 71.3 9:00 PM 67.9
10:00 AM 67.7 10:00 PM 72.2
11:00 AM 66.1 11:00 PM 71.7
24-Hour CNEL = 68.9
1 All noise levels shown in A-weighted decibel scale - dB(A).
2 Live music occurred from 7 PM to 9 PM.
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Live Music - September 7, 2019
The following details and observations are provided for the live music at the Chihuahua Tap
House on Saturday, September 7, 2019.
The live music event on Saturday, September 7, 2019 consisted of a reggae band with
three band members. The band consisted of a keyboardist, bass guitarist and acoustical
guitarist. All music was performed indoors.
The reggae band started playing music at approximately 7.00 PM and was by 9:00 PM.
Prior to the live music beginning, RK conducted one (1) short-term noise measurement
immediately outside of the restaurant along the sidewalk facing the parking lot. Table 4
shows the noise levels (dBA) for existing ambient conditions prior to the start of the live
music.
Table 4
Short-Term Noise Measurement Results – (9/7/19)
Without Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-1 6:48 PM 64.8 56.9 76.5 71 68.0 65.2 63.3
1 Noise measurements conducted for 10-minute intervals. All noise levels shown are in A-weighted decibel
scale dB(A).
ST-1: Ambient noise includes noise from the parking lot, conversational noise from
restaurant patrons on the patio, patio restaurant speakers, people talking along
the sidewalk, and traffic noise from Newport Boulevard.
Once the live music began, RK conducted two (2) more short-term noise measurements in
the same location as ST-1.
Table 5 shows the noise levels (dBA) during the live music performance on September 7th.
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Table 5
Short-Term Noise Measurement Results – (9/7/19)
With Live Music1
Event
Start
Time Leq Lmin Lmax L2 L8 L25 L50
ST-2 7:07 PM 64.6 55.7 76.9 72.5 68.0 64.4 62.5
ST-3 7:17 PM 66.2 56.0 83.0 71.4 68.7 66.4 64.8
1 Noise measurements conducted for 10-minute intervals. All noise levels shown in A-weighted decibel scale
dB(A).
ST-2: Noise levels include noise from the restaurant live music, restaurant speakers,
people talking along the sidewalk and noise from patrons from the patio and
traffic noise from Newport Boulevard. All music played indoors.
ST-3: Noise levels include noise from the restaurant live music, restaurant speakers,
people talking along the sidewalk and noise from patrons from the patio and
traffic noise from Newport Boulevard. All music played indoors.
Table 6 shows the 24-hour community noise exposure levels near the residential properties
along 32nd Street on September 7, 2019, one of the days live music was performed
Table 6
24-Hour Noise Measurement Results – (9/7/19)
Time Noise Level (Leq)1 Time Noise Level (Leq)1
12:00 AM 71.0 12:00 PM 64.4
1:00 AM 69.3 1:00 PM 69.4
2:00 AM 71.6 2:00 PM 62.5
3:00 AM 64.8 3:00 PM 62.6
4:00 AM 62.2 4:00 PM 62.7
5:00 AM 65.6 5:00 PM 62.6
6:00 AM 69.0 6:00 PM 68.7
7:00 AM 61.6 7:00 PM2 68.9
8:00 AM 62.0 8:00 PM2 70.6
9:00 AM 61.7 9:00 PM 68.2
10:00 AM 63.0 10:00 PM 73.8
11:00 AM 61.4 11:00 PM 71.2
24-Hour CNEL = 67.9
1 All noise levels shown in A-weighted decibel scale - dB(A).
2 Live music event occurred from 7 PM to 9 PM.
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Findings and Recommendations
Based on RK’s field observations and noise level monitoring results, the live music events at
the Chihuahua Tap House on Tuesday, September 3, 2019 and Saturday, September 7,
2019 did not result in significant changes to the ambient noise environment at the project
site or surrounding residential areas.
Ambient exterior noise levels near the first row of residential houses, fronting 32nd Street,
currently exceed the City’s allowable exterior noise level standards for single or multiple-
family housing, as established in the Newport Beach Municipal Code, Chapter 10.26 --
Community Noise Control. The Newport Beach residential daytime noise standard is 55
dBA and the nighttime noise standard is 50 dBA.
As shown in Tables 3 and 6, the hourly noise levels during both daytime (7 AM to 10 PM)
and nighttime (10 PM to 7 AM) consistently exceed 65+ decibels during times when no
live music was being played.
Based on our field observations, the live music was not perceptible at the residential
homes, and the noise monitoring results confirm that no significant changes to the
ambient environment occurred as a result of the live music.
The following recommendations are provided to help reduce any potential noise impacts or
complaints during live music events at the Chihuahua Tap House:
1. No live music should be played on the outdoor patio.
2. All doors and windows should remain closed (i.e., not left open for extended
periods of time) while live music is playing.
Conclusions
Based on the results of this analysis, live music at the Chihuahua Tap House did not cause
significant noise impacts to any adjacent residential property during live music events. The
live music did not cause perceptible changes in the ambient noise environment and did
cause a noise violation as defined under the City of Newport Beach Community Noise
Control ordinance.
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RK is pleased to assist the CITY OF NEWPORT BEACH and MOBILITIE on this noise
assessment. If you have any questions regarding this study, please do not hesitate to
contact us at (949) 474-0809 or be@rkengineer.com.
Sincerely,
RK ENGINEERING GROUP, INC.
Bryan Estrada, AICP Darshan Shivaiah
Senior Associate Environmental Specialist
Attachments
52
______________________________________________________________________
______________________________________________________________________________
Attachments
53
engineeringgroup, inc.engineering
Noise Monitoring LocationsExhibit A
N
Legend:
= Short Term (10-min) Noise Monitoring LocationST
2830-2019-02
CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach, CA
= Nearest Noise Sensitive Residential Uses
2
2
0 F
e
et
6,7(ST
24
= Long Term (24-Hr) Noise Monitoring Location24
54
Appendix A
Field Data and Photos
55
Project:Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
Sound Level Meter:Calibration Record:Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial # A0520 Before Temp: 57
After Windspeed: 1 MPH
Calibrator:Direction: ENE
LD-250 250 Before 94.0 94.0 0.0 6:00 PM Skies: Clear
Serial # 1322 After 94.0 94.0 0.0 Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
6:06 PM 6:16 PM 67.6 59.2 83.2 73.3 70.5 67.8 65.8
7:20 PM 7:30 PM 66.0 59.1 74.4 70.3 68.3 66.8 65.3
7:30 PM 7:40 PM 67.3 58.7 80.7 73.2 70.2 67.6 65.8
Field Sheet
11
Ambient noise includes noise from the parking lot, conversational noise from restaurant patrons on the patio, patio
restaurant speakers, people talking along the sidewalk, and traffic noise from Newport Boulevard.
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors.
Meter Settings:
_ A-WTD LINEAR _ SLOW 1/1 OCT _ INTERVALS ___10____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT _ LN PERCENTILE VALUES
2
Chihuahua Tap House Noise Impact
Study
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. Locations1
4
3
1
2
c
ST
56
Project:Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
6:00 PM
47.0
Field Sheet - ST1 Location Photos
1
Chihuahua Tap House Noise Impact
Study
57
Project:Engineer:D. Shivaiah Date:9/3/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
6:00 PM
47.0
Field Sheet - ST1 Location Photos
Chihuahua Tap House Noise Impact
Study
1
58
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Project:Engineer:D. Shivaiah Date:9/7/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
Sound Level Meter:Calibration Record:Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial # A0520 Before Temp: 84
After Windspeed: 5 MPH
Calibrator:Direction: SWE
LD-250 250 Before 94.0 94.0 0.0 7:30 AM Skies: Clear
Serial # 1322 After // /Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
6:48 PM 6:58 PM 64.8 56.9 76.5 68.0 65.2 63.3
7:07 PM 7:17 PM 64.6 55.7 76.9 72.5 68.0 64.4 62.5
7:17 PM 7:27 PM 66.2 56.0 83.0 71.4 68.7 66.4 64.8
Field Sheet
1
Ambient noise includes noise from the parking lot, conversational noise from restaurant patrons on the patio, patio
restaurant speakers, people talking along the sidewalk, and traffic noise from Newport Boulevard.
Meter Settings:
_A-WTD LINEAR_SLOW 1/1 OCT _INTERVALS ___10____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT _ LN PERCENTILE VALUES
1
Chihuahua Tap House Noise Impact
Study
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors.
Noise levels include noise from the restaurant live music, restaurant speakers, people talking along the sidewalk and
noise from patrons from the patio and traffic noise from Newport Boulevard. All music played indoors Locations3
2
67
62
Project:Engineer:D. Shivaiah Date:9/7/2019
JN:2830-2019-02
Measurement Address:City:Newport Beach Site No.:
3107 Newport Boulevard
47.0
Field Sheet - ST1 Location Photos
1
Chihuahua Tap House Noise Impact
Study
63
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Ϭ͘ϬϮϬ͘ϬϰϬ͘ϬϲϬ͘ϬϴϬ͘ϬϭϬϬ͘ϬϭϮϬ͘ϬϭϮ͗ϬϬDϭ͗ϬϬDϮ͗ϬϬDϯ͗ϬϬDϰ͗ϬϬDϱ͗ϬϬDϲ͗ϬϬDϳ͗ϬϬDϴ͗ϬϬDϵ͗ϬϬDϭϬ͗ϬϬDϭϭ͗ϬϬDϭϮ͗ϬϬWDϭ͗ϬϬWDϮ͗ϬϬWDϯ͗ϬϬWDϰ͗ϬϬWDϱ͗ϬϬWDϲ͗ϬϬWDϳ͗ϬϬWDϴ͗ϬϬWDϵ͗ϬϬWDϭϬ͗ϬϬWDϭϭ͗ϬϬWDĞĐŝďĞů;ĚͿdŝŵĞϮϰ,ŽƵƌEŽŝƐĞDŽŶŝƚŽƌŝŶŐZĞƐƵůƚƐ;>ĞƋ͕>ŶͿ>ĞƋ>ŵŝŶ>ŵĂdž>Ϯ>ϴ>Ϯϱ>ϱϬ65
Ϭ͘ϬϭϬ͘ϬϮϬ͘ϬϯϬ͘ϬϰϬ͘ϬϱϬ͘ϬϲϬ͘ϬϳϬ͘ϬϴϬ͘ϬϭϮ͗ϬϬDϭ͗ϬϬDϮ͗ϬϬDϯ͗ϬϬDϰ͗ϬϬDϱ͗ϬϬDϲ͗ϬϬDϳ͗ϬϬDϴ͗ϬϬDϵ͗ϬϬDϭϬ͗ϬϬDϭϭ͗ϬϬDϭϮ͗ϬϬWDϭ͗ϬϬWDϮ͗ϬϬWDϯ͗ϬϬWDϰ͗ϬϬWDϱ͗ϬϬWDϲ͗ϬϬWDϳ͗ϬϬWDϴ͗ϬϬWDϵ͗ϬϬWDϭϬ͗ϬϬWDϭϭ͗ϬϬWDEŽŝƐĞ>ĞǀĞů;ĚͿϮϰͲ,ŽƵƌEŽŝƐĞDŽŶŝƚŽƌŝŶŐZĞƐƵůƚ;E >Ϳ>ĞƋE >66
Attachment No. PC 4
Parking Study
67
INTENTIONALLY BLANK PAGE68
69
October 5, 2020
THE LANDING
C/o Ms. Mayra Ramirez, Mobilitie
3107 Newport Boulevard
Newport Beach, CA 92663
Subject: The Landing Observed Parking Analysis, City of Newport Beach
Dear Ms. Ramirez:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this parking analysis for The
Landing shopping center located at the southwest corner of Newport Boulevard at 32nd
Street in the City of Newport Beach, as shown in Exhibit A. The shopping center site plan is
shown in Exhibit B. The site currently provides for a total of 236 on-site parking spaces.
Parking for the shopping center is shared globally by tenants and visitors on a surface
parking lot.
The Chihuahua Cerveza, located within the existing shopping center, proposes to expand
its use into an adjacent suite. As a result, the parking requirements for the restaurant will
need to be adjusted. At the time of the observed parking survey, all leasable area within
the shopping center was completely (100%) occupied and there was no vacant tenant
space. A list of the existing tenants within The Landing shopping center are provided in
Table 1. Table 1 also shows details on the existing uses such as the size of each use and
the hours of operation.
For the purposes of this analysis, the square footages have been reviewed and confirmed
through discussions with the City of Newport Beach staff (Mr. David Lee).
The purpose of this parking analysis is to determine whether adequate on-site parking is
available to accommodate the expansion of the Chihuahua Cerveza.
Based on our conversations with Ms. Makana Nova (City of Newport Beach, Community
Development Department) an observed parking demand count and analysis was conducted
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The Landing Observed Parking Analysis, City of Newport Beach
RK15350.2
2830-2019-01
2
and prepared for the shopping center in order to determine the existing parking demand
of the site under the existing land use combination. This information is then used to
determine the adequacy of parking with the proposed restaurant expansion. In addition,
recommendations for best practices regarding a parking management plan have also been
requested.
The primary objective of this parking analysis is to determine if the use can be
accommodated without creating an on-site parking deficiency within the shopping center.
This will be accomplished by completing the following tasks:
1. Existing Site - Determination of Required Parking per City Code: Calculate
the parking spaces required for the existing shopping center without the project
expansion and 100% tenant occupancy per City of Newport Beach Municipal
Parking Code (Section 20.40-050) (See Table 1).
2. Existing Site - Determination of Required Parking per Observed Parking
Demand Counts: To more accurately determine the parking demand of the
existing site, obtain observed parking counts at The Landing shopping center in
order to determine the actual parking demand of the existing site and land use mix.
When compared to the parking demand calculated through the City’s Municipal
Parking Code, the observed parking counts are expected to provide a more accurate
and realistic expectation of the site’s parking demand that more precisely take into
account the characteristics and dynamics of the site such as shared parking, modal
adjustment of the patrons, etc. The peak observed parking demand counts for the
existing site are shown in Tables 2, 3 and 4 and are summarized in Table 5.
3. Proposed Site - Determination of Required Parking per City Code: Calculate
the parking spaces required for the shopping center with the project expansion and
100% tenant occupancy per City of Newport Beach Municipal Parking Code (Section
20.40-050) (See Table 6).
4. Proposed Site - Determination of Increase in Required Parking per City
Code: Comparison of results from Task 1 and Task 3 would provide the amount of
additional parking that would be needed to accommodate the proposed project
compared to existing conditions based on the City of Newport Beach Municipal
Parking Code (See Table 7).
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The Landing Observed Parking Analysis, City of Newport Beach
RK15350.2
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5. Proposed Site - Determination of Required Parking based on the Increase
in Required Parking per City Code & Existing Observed Parking Demand
Counts: After determination of the site’s existing actual parking demand from Task
3 and the additional parking required to accommodate the proposed project from
Task 4, the analysis then determines the total number of parking spaces required to
accommodate the entire site after implementation of the proposed project.
Existing Site Conditions & Parking Required for Existing Land Use Mix per The
City of Newport Beach Municipal Code
Table 1 shows the existing conditions, land use mix, and hours of operation for The
Landing shopping center.
The City of Newport Beach Municipal Parking Code is included in Appendix A.
Per Section 21.40.050 of the City’s parking code, shopping centers that meet the following
criteria are required to provide one parking space for each 200 square feet of gross floor
area:
x The gross floor area of the shopping center does not exceed 100,000 square feet;
x The gross floor area of all eating and drinking establishments does not exceed
fifteen (15) percent of the gross floor area of the shopping center;
x Individual uses with a gross floor area of ten thousand (10,000) square feet or more
shall meet the parking space requirement for the applicable use in compliance with
Section 21.40.040 (off-street parking spaces required) for the individual use and
type.
As shown in Table 1, under existing conditions, the total square footage of the Landing
shopping center is 47,812 square feet and the total square footage of the eating and
drinking establishments is less than fifteen (15) percent of the total site (13.93%). With
the exception of the Pavilions, which has a gross square footage of 28,221 square feet, all
individual uses are less than 10,000 square feet in size.
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The Landing Observed Parking Analysis, City of Newport Beach
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4
As directed by the City, for consistency with previous analysis and utilized rates, the existing
site, including the Pavilion Uses are currently required to be parked at a rate of one space
per 200 square feet of gross floor area.
As shown in Table 1, under existing conditions, based on the City of Newport Beach
Municipal Parking Code, the site would require a total of approximately 240 parking
spaces. Since the site currently has a total of 236 parking spaces, the site currently has a
parking deficiency of approximately 4 spaces to serve the existing uses based on the City of
Newport Beach Municipal Parking Code (equivalent to 1.67% less than required by code).
Existing Site Conditions & Parking Required for Existing Land Use Mix per
Observed Parking Demand Counts
As previously shown in Table 1, based on the City of Newport Beach Municipal Parking
Code, the site would require a total of approximately 240 parking spaces.
To more accurately determine the parking required for the existing site and land use mix,
RK conducted a detailed parking survey of the site on Thursday, May 16th, Friday, May 17th
and Saturday, May 18th, 2019 from 7:00 AM to 9:00 PM. Even though some uses might
still be operating after 9:00 PM, as shown in the observed parking demand counts, the site
parking demand significantly winds down after 9:00 PM. Hence, the observed time frame
captures the site’s peak parking demand.
When compared to the parking demand calculated through the City’s Municipal Parking
Code, the observed parking counts are expected to provide a more accurate and realistic
expectation of the site’s parking demand that more precisely take into account the
characteristics and dynamics of the site such as shared parking, modal adjustment of the
patrons, etc.
The parking survey was conducted during typical weekday and weekend business
operations and during clear weather conditions. The parking counts were conducted by an
independent third party (Counts Unlimited, Inc.). The number of parked cars within the
study area was determined on an hourly basis. During the parking survey, no customer
vehicles were observed parking off-site along the local streets.
The project site was divided into four (4) parking zones to distinguish the demand at
different areas within the center. Parking zones help identify areas where there is high
73
The Landing Observed Parking Analysis, City of Newport Beach
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parking demand and areas that are under-parking within a shared shopping center. The
parking zones are shown in Exhibit C.
Tables 2, 3 and 4 show the results of the observed parking demand at the project site with
100% tenant occupancy. Detailed observed parking demand count data sheets are
contained in Appendix B.
As shown in Tables 2, 3 and 4, based on actual observed parking demand counts at the
existing site:
x The observed peak parking demand on Thursday, May 16, 2019 occurred at 3:00
PM with when a total of approximately 130 vehicles were parked, resulting in 55%
occupancy. Since the site has a parking capacity of 236 spaces, a total of
approximately 106 parking spaces were available during the peak demand time on
Thursday.
x The observed peak parking demand on Friday, May 17, 2019 occurred at 1:00 PM
when a total of approximately 135 vehicles were parked, resulting in 57%
occupancy. Since the site has a parking capacity of 236 spaces, a total of
approximately 101 parking spaces were available during the peak demand time on
Friday.
x The observed peak parking demand on Saturday, May 18, 2019 occurred at 3:00
PM and 6:00 PM when a total of approximately 120 vehicles were parked, resulting
in 51% occupancy. Since the site has a parking capacity of 236 spaces, a total of
approximately 116 parking spaces were available during the peak demand time on
Saturday.
Table 5 summarizes the results of the observed parking demand counts shown in Tables 2,
3, and 4.
It should be noted that the City of Newport Beach, and in particular the Balboa Peninsula,
experiences seasonal fluctuations in parking demand during the peak summer months,
generally from Memorial Day to Labor Day, when visitors flock to the beaches. During this
time there can be significant shortages of public parking, especially on the weekends.
However, The Landing shopping center enforces a strict “no beach parking” policy and
regularly tows cars from the lot. As a result, the peak seasonal variation at the project site is
not considered to be as pronounced as it is for off-site public parking in the vicinity.
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Project Description
The Landing shopping center currently consists of mixed retail and restaurant uses totaling
approximately 47,812 square feet of gross floor area (excluding outdoor dining and patio
areas). The existing total gross floor area is based on the most recent development plan for
the site and has been reviewed and confirmed through discussions with the City staff. The
Landing shopping center currently provides a total of 236 parking spaces, which are shared
globally by tenants and visitors within a surface parking lot.
The Landing shopping center operates under a conditional use permit (CUP) which was
approved in accordance with Newport Beach Zoning Code Section 20.40.050 (Parking
Requirements for Shopping Centers). A parking rate of 1/200 square feet of gross floor
area was applied for the center.
The Chihuahua Cerveza is an existing full-service restaurant within The Landing shopping
center and features an interactive beer wall where patrons can self-serve Chihuahua
Cerveza beer.
The existing Chihuahua Cerveza is located in suite 3107 and has a gross interior floor area
of approximately 1,878 square feet, with approximately 259 square feet of outdoor dining
area. The total gross floor area for the existing Chihuahua Cerveza is approximately 2,137
square feet.
The Chihuahua Cerveza is proposing to expand its operations into the adjacent suite (3190)
currently occupied by Poké Fresh, bringing the total gross square footage of The Chihuahua
Cerveza from 1,878 gross square feet to 2,616 gross square feet.
Additionally, the outdoor dining area will be increased to 626 square feet.
The site plan for the proposed Chihuahua Cerveza is shown in Exhibit D. The site plan also
depicts the planned seating arrangement and number of seats. As shown in Exhibit D, a
total of 91 seats are planned to be provided.
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Proposed Site Conditions & Parking Required for Proposed Land Use Mix per The
City of Newport Beach Municipal Code
Table 6 shows the proposed conditions, land use mix, and hours of operation for The
Landing shopping center.
As shown in Table 6, with implementation of the proposed project, the gross floor area of
all eating and drinking establishments would exceed fifteen (15) percent of the gross floor
area of the shopping center (15.47%).
Per Section 21.40.050 of the City’s parking code, for shopping centers that the gross floor
area of all eating and drinking establishments exceeds fifteen (15) percent of the gross
floor area of the shopping center, the total parking required for the site needs to be
determined based on the sum of parking required for each individual specific land use on
the site in accordance with Section 21.40.040 of the City’s parking code. The City of
Newport Beach Municipal Parking Code is included in Appendix A.
As also shown in Table 6, under proposed conditions, based on the City of Newport Beach
Municipal Parking Code, the site would require a total of 261 parking spaces. Since the
site has a total of 236 parking spaces, assuming implementation of the proposed project,
the site would have a parking deficiency of approximately 25 spaces (equivalent to a
deficiency of 9.60%) based on the City of Newport Beach Municipal Parking Code.
Proposed Project Increase in Required Parking per The City of Newport Beach
Municipal Code
As previously shown in Table 1, under existing conditions, based on the City of Newport
Beach Municipal Parking Code, the site would require a total of approximately 240 parking
spaces.
As previously shown in Table 6, under proposed conditions, based on the City of Newport
Beach Municipal Parking Code, the site would require a total of 261 parking spaces.
Hence, based on the City of Newport Beach Municipal Parking Code, when compared to
the existing site, the proposed project would result in an increase in parking requirement
by 21 spaces (261 – 240 = 21). This calculation is also shown in Table 7.
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Proposed Site Conditions & Parking Required for Proposed Land Use Mix based
on the Increase in Required Parking per City Code & Existing Observed Parking
Demand Counts
a) Existing Site Parking:
As previously shown and summarized in Table 5, based on actual observed parking
demand counts at the existing site:
x For Thursday conditions, the existing site has an observed peak parking demand of
approximately 130 spaces.
x For Friday conditions, the existing site has an observed peak parking demand of
approximately 135 spaces.
x For Saturday conditions, the existing site has an observed peak parking demand of
approximately 120 spaces.
b) Increase in Required Parking per The City of Newport Beach Municipal Code:
As previously shown in Table 7, based on the City of Newport Beach Municipal Parking
Code, when compared to the existing site, the proposed project would result in an increase
in parking requirement by 21 spaces (261 – 240 = 21). This is conservative estimate since
based on the actual parking demand observations, the site and the uses require and
experiences less parking demand than what the City Code recommends for a typical use.
c) Parking Required after Implementation of the Proposed Project:
Forecast parking required after implementation of the proposed project is determined by
adding the increase in required parking per the City of Newport Beach Municipal Code to
the existing observed peak parking demand for the site.
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Table 8 shows the parking for the site after implementation of the proposed project. As
shown in Table 8, assuming implementation of the proposed project, the site
would require a total of approximately 156 parking spaces as follows:
x Assuming implementation of the proposed project, for Thursday conditions, the site
would require a total of approximately 151 parking spaces (130 existing observed
peak parking demand plus 21 spaces required for the proposed project per Code).
x Assuming implementation of the proposed project, for Friday conditions, the site
would require a total of approximately 156 parking spaces (135 existing observed
peak parking demand plus 21 spaces required for the proposed project per Code).
x Assuming implementation of the proposed project, for Saturday conditions, the site
would require a total of approximately 141 parking spaces (120 existing observed
peak parking demand plus 21 spaces required for the proposed project per Code).
Since the site is planned to continue to provide a total of 236 parking spaces, assuming
a peak parking demand of approximately 156 spaces for the proposed project site,
more than adequate parking is forecast to be provided to accommodate the proposed
project with approximately 80 spaces available (equivalent to 66% utilization).
Parking Management Plan
To better utilize the site’s parking supply and provide adequate parking, the following
parking management strategies can be considered:
x If needed, provide additional parking capacity through implementation of valet
parking services during days and hours of high parking demand. Based on the
analysis conducted, more than adequate parking is forecast to be provided after
implementation of the proposed project.
x Provide a dedicated rideshare (Uber, Lyft, etc.) pick up and drop off area;
x Regulate the most convenient parking spaces to favor high-priority uses such as
delivery vehicles and designate some parking spaces as short-term spaces for
convenience uses. These spaces are typically marked with green paint identifying
the stall;
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x Set parking duration limits and enforce the limits though use of a parking/security
patrol service;
x Encourage employees to park away from the entrances to the restaurants, shops
and retails;
x Provide secure bicycle parking;
x Provide financial and other incentives to encourage the use of carpool and public
transportation by employees; and
x Utilize security personnel to keep non-site users from parking on the site, especially
during summer time.
Summary of Findings
1. The Landing shopping center currently consists of approximately 47,812 square
feet of gross floor area. Parking for the site is shared globally by all tenants and
consists of 236 onsite surface parking spaces.
2. In order to establish a parking demand for the proposed expansion of
Chihuahua Cerveza use, an observed parking demand analysis was obtained
during typical off-peak season operations and weather conditions for a
Thursday, Friday and Saturday for existing conditions.
3. Under existing conditions, based on the City of Newport Beach Municipal
Parking Code, the site would currently require a total of approximately 240
parking spaces. Since the site currently has a total of 236 parking spaces, the
site currently has a parking deficiency of approximately 4 spaces to serve the
existing uses based on the City of Newport Beach Municipal Parking Code
(equivalent to 1.67% less than required by code).
4. Based on actual observed parking demand counts at the existing site:
o The observed peak parking demand on Thursday, May 16, 2019 occurred at
3:00 PM with when a total of approximately 130 vehicles were parked,
resulting in 55% occupancy. Since the site has a parking capacity of 236
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spaces, a total of approximately 106 parking spaces were available during
the peak demand time on Thursday.
o The observed peak parking demand on Friday, May 17, 2019 occurred at
1:00 PM when a total of approximately 135 vehicles were parked, resulting
in 57% occupancy. Since the site has a parking capacity of 236 spaces, a
total of approximately 101 parking spaces were available during the peak
demand time on Friday.
o The observed peak parking demand on Saturday, May 18, 2019 occurred at
3:00 PM and 6:00 PM when a total of approximately 120 vehicles were
parked, resulting in 51% occupancy. Since the site has a parking capacity of
236 spaces, a total of approximately 116 parking spaces were available
during the peak demand time on Saturday.
5. Under proposed conditions, based on the City of Newport Beach Municipal
Parking Code, the site would require a total of 261 parking spaces. Since the
site has a total of 236 parking spaces, assuming implementation of the
proposed project, the site would have a parking deficiency of approximately 25
spaces (equivalent to a deficiency of 9.60%) based on the City of Newport Beach
Municipal Parking Code.
6. Based on the City of Newport Beach Municipal Parking Code, when compared to
the existing site, the proposed project would result in an increase in parking
requirement by 21 spaces (261 – 240 = 21).
7. Assuming implementation of the proposed project, the site would require a total
of approximately 156 parking spaces as follows:
o Assuming implementation of the proposed project, for Thursday conditions,
the site would require a total of approximately 151 parking spaces (130
existing observed peak parking demand plus 21 spaces required for the
proposed project per Code).
o Assuming implementation of the proposed project, for Friday conditions, the
site would require a total of approximately 156 parking spaces (135 existing
observed peak parking demand plus 21 spaces required for the proposed
project per Code).
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o Assuming implementation of the proposed project, for Saturday conditions,
the site would require a total of approximately 141 parking spaces (120
existing observed peak parking demand plus 21 spaces required for the
proposed project per Code).
Since the site is planned to continue to provide a total of 236 parking
spaces, assuming a peak parking demand of approximately 156 spaces
for the proposed project site, more than adequate parking is forecast
to be provided to accommodate the proposed project with
approximately 80 spaces available (equivalent to 66% utilization).
Based on the analysis contained in this report, a parking waiver would
not be required for the proposed project since more than adequate
parking capacity is forecast to be provided after implementation of the
proposed project.
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Conclusion
Based on the Newport Beach Municipal Code parking requirements, for The Landing
shopping center provides adequate parking supply to accommodate the existing and
proposed parking demand at the site.
Based on the analysis contained in this report, a parking waiver would not be required for
the proposed project since more than adequate parking capacity is forecast to be provided
after implementation of the proposed project.
RK Engineering Group, Inc. appreciates the opportunity to work with MOBILITIE and the
City of Newport Beach on this project. If you have any questions regarding the analysis, or
would like further review, please do not hesitate to contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke Alex Tabrizi, PE, TE Darshan Shivaiah
President Associate Principal Environmental Specialist
Attachments
rk15350.2
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82
Exhibits
83
84
85
86
87
Tables
88
Outdoor Patio Area (S.F.)25% of Interior Net Public Area (S.F.)Amount of Outdoor Area Requiring Parking (S.F.)3107 Chihuahua Cerveza9AM-11PMOUTDOOR PATIO 9AM-10PMRestaurant1,8784%650259163961,9741 per 200 square feet9.39 UP2010-036 (PA2010-155)3142 Gina's PizzeriasSUNDAY-THURSDAY 11AM-9PM FRIDAY-SATURDAY 11AM-10PMRestaurant 2,0834%812458203215 * 2,2981 per 200 square feet10.42 UP2012-001 (PA2012-004)3101 Chipotle Mexican GrillSUNDAY-SATURDAY 10:30AM-10PMRestaurant 1,7004%5003361252111,9111 per 200 square feet8.50 UP2010-017,OD2010-004 (PA2010-096)3138 SambazonSUNDAY-SATURDAY 7AM-7PMRestaurant 9982%462011609981 per 200 square feet4.99 UP2011-002 (PA2011-006)6,65913.93%2,4241,0536075227,18133.303119 / 3121 No Rest for Bridget (Bamwest)SUNDAY 11AM-6PMMONDAY-WEDNESDAY 10AM-7PMTHURSDAY-FRIDAY 10AM-8PMSATURDAY 10AM-7PMRetail2,3755%N/AN/AN/AN/A2,3751 per 200 square feet11.883100 PavilionsSUNDAY-SATURDAY 6AM-12AMRetail 28,22159%N/AN/AN/AN/A28,2211 per 200 square feet141.11 PLAN CHECK 1590-20103130 Pavilions LiquorSUNDAY-SATURDAY 6AM-12AMRetail2,9186%N/AN/AN/AN/A2,9181 per 200 square feet 14.593109 Poke FreshSUNDAY-SATURDAY 11AM-8PMRetail7382%N/AN/AN/AN/A7381 per 200 square feet3.693134 Sunny Fresh CleanersMONDAY - FRIDAY 7AM-7PMSATURDAY 8AM-6PMSUNDAY 9AM-5PMPersonal Services / Dry Cleaners9032%N/AN/AN/AN/A9031 per 200 square feet4.523136 SupercutsSUNDAY-SATURDAY 9AM-8PMPersonal Services / Hair Salon1,0032%N/AN/AN/AN/A1,0031 per 200 square feet5.023152 Chase BankMONDAY-FRIDAY 9AM-6PMSATURDAY 9AM-4PMSUNDAY CLOSEDOffice / Financial 4,0008%N/AN/AN/AN/A4,0001 per 200 square feet20.00 PLAN CHECK 1642-20103117 Newport NailsMONDAY-FRIDAY 9AM-7PMSATURDAY 9AM-6PMSUNDAY 10AM-5PMNail Salon 9002%N/AN/AN/AN/A9001 per 200 square feet4.50Storage N/AN/AStorage950.20%N/AN/AN/AN/A951 per 200 square feet0.4841,15386.07%205.7947,812100%239.09240236-4-1.67%The GFA and outdoor dining area is calculated from the information provided by the City of Newport Beach and the applicant.N/A = Not ApplicableTOTAL NON-RESTAURANTTotal Shopping Center Gross Floor AreaTotal Required Parking Per Newport Beach Municipal Code (Rounded Up)Outdoor PatioPercent of Gross Floor AreaRESTAURANTNON-RESTAURANT (RETAIL, HAIR SALON, BANK, ETC)TOTAL RESTAURANTSuite Table 1 The Landing Shopping Center, Newport BeachRequired Parking Sec 20.40-050¹ (Existing Conditions)Gross Floor Area (S.F)Discretionary Application No.Number of Spaces RequiredParking Code1Hours of OperationTenantInterior Net Public Area (S.F.)Total (S.F.)Land Use* = Gina's Pizza outdoor patio area reduced by 40 square feet as directed by the City.Total Required Parking Per Newport Beach Municipal CodeTotal Number Parking Spaces Provided On-SiteNumber of Parking Spaces in Excess of Municipal CodePercent of Parking Spaces Excess Per Municipal Code¹ Since the total site is less than 100,000 square feet and the eating establishments do not exceed 15% of the site, parking is determined at a rate of 1 space per 200 gross square feet of area based on Parking rates obtained from City of Newport Beach Municipal Parking Code Section 20.40.050 RK15350.2TB2830-2019-0189
Time Zone 1 Zone 2 Zone 3 Zone 4 Total Parking# of Parking Spaces 8233100212367:00 AM1116433414%2028:00 AM1921945322%1839:00 AM26191166226%17410:00 AM47181658636%15011:00 AM40212099038%14612:00 PM4724311211448%1221:00 PM4916391011448%1222:00 PM4616361110946%1273:00 PM5729321213055%1064:00 PM51 28 33 12 12453%1125:00 PM39 25 32 11 10745%1296:00 PM41 23 32 10 10645%1307:00 PM24 16 27 11 7833%1588:00 PM20 19 32 8 7933%1579:00 PM15 15 20 6 5624%180¹ The parking counts were obtained during typical operations and weather conditionsPercent of Occupied Parking SpacesNumber of Parking Spaces AvailableTable 2The Landing Shopping CenterThursday, May 16, 2019Observed Parking Counts1Observed Parking Survey Results with 100% Tenant OccupancyRK15350.2TB2830-2019-0190
Time Zone 1 Zone 2 Zone 3 Zone 4 Total Parking# of Parking Spaces 8233100212367:00 AM1616654318%1938:00 AM2316955322%1839:00 AM33181397331%16310:00 AM442524910243%13411:00 AM4528321211750%11912:00 PM5424371112653%1101:00 PM4932441013557%1012:00 PM49 26 36 11 12252%1143:00 PM54 25 43 11 13356%1034:00 PM52 22 44 13 13156%1055:00 PM50 18 33 13 11448%1226:00 PM50 26 39 12 12754%1097:00 PM42 21 50 11 12453%1128:00 PM21 13 48 8 9038%1469:00 PM12 10 34 6 6226%174¹ The parking counts were obtained during typical operations and weather conditionsTable 3The Landing Shopping CenterObserved Parking Survey Results with 100% Tenant OccupancyFriday, May 17, 2019Observed Parking Counts1Percent of Parking Spaces OccupiedNumber of Parking Spaces AvailableRK15350.2TB2830-2019-0191
Time Zone 1 Zone 2 Zone 3 Zone 4 Total Parking# of Parking Spaces 8233100212367:00 AM9126 22912%2078:00 AM18151064921%1879:00 AM26151296226%17410:00 AM33171667231%16411:00 AM41241989239%14412:00 PM473229811649%1201:00 PM482828911348%1232:00 PM501934911247%1243:00 PM4626381012051%1164:00 PM46 22 26 13 10745%1295:00 PM41 24 37 14 11649%1206:00 PM4123401612051%1167:00 PM33 23 37 13 10645%1308:00 PM24 19 44 13 10042%1369:00 PM19 17 35 11 8235%154¹ The parking counts were obtained during typical operations and weather conditionsTable 4The Landing Shopping CenterObserved Parking Survey Results with 100% Tenant OccupancySaturday, May 18, 2019Observed Parking Counts1Percent of Parking Spaces OccupiedNumber of Parking Spaces AvailableRK15350.2TB2830-2019-0192
Date Peak Time Maximum Observed Parking DemandSite Parking Capacity Peak Parking Utilization Available Parking SpacesThursday, May 163:00 PM13023655%106Friday, May 171:00 PM13523657%101Saturday, May 183 PM & 6 PM12023651%116Source : Observed parking counts conducted in May 2019. Table 5Maximum Parking Demand of Existing Site Based on Observed DataRK15350.2TB2830-2019-0193
Outdoor Patio Area (S.F.)25% of Interior Net Public Area (S.F.)Amount of Outdoor Area Requiring Parking (S.F.)3107 / 3109 Chihuahua CervezaSUNDAY-THURSDAY 6:30AM-10PMFRIDAY -SATURDAY 6:30AM-11PMRestaurant 22,6165%1,0936262733531,4461 per 40 sq.ft of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq.ft whichever is less36.15 PENDING UP2019-035 (PA2019-160)3142 Gina's PizzeriasSUNDAY-THURSDAY 11AM-9PM FRIDAY-SATURDAY 11AM-10PMRestaurant 2,083 4% 812 458 203 215 * 1,0271 per 40 sq.ft of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq.ft whichever is less25.68 UP2012-001 (PA2012-004)3101 Chipotle Mexican GrillSUNDAY-SATURDAY 10:30AM-10PMRestaurant 1,700 4% 500 336 125 211 7111 per 40 sq.ft of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq.ft whichever is less17.78 UP2010-017,OD2010-004 (PA2010-096)3138 SambazonSUNDAY-SATURDAY 7AM-7PMRestaurant 998 2% 462 0 116 0 4621 per 40 sq.ft of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq.ft whichever is less11.55 UP2011-002 (PA2011-006)7,39715.47%2,8671,4207177793,64691.163119 / 3121 No Rest for Bridget (Bamwest)SUNDAY 11AM-6PMMONDAY-WEDNESDAY 10AM-7PMTHURSDAY-FRIDAY 10AM-8PMSATURDAY 10AM-7PMRetail2,3755%N/AN/AN/AN/A2,3751 per 250 square feet9.503100 PavilionsSUNDAY-SATURDAY 6AM-12AMRetail 28,22159%N/AN/AN/AN/A28,2211 per 250 square feet112.89 PLAN CHECK 1590-20103130 Pavilions LiquorSUNDAY-SATURDAY 6AM-12AMRetail2,9186%N/AN/AN/AN/A2,9181 per 250 square feet11.683109 Poke FreshEliminated as Part of the Project N/A00%N/AN/AN/AN/A01 per 250 square feet0.003134 Sunny Fresh CleanersMONDAY - FRIDAY 7AM-7PMSATURDAY 8AM-6PMSUNDAY 9AM-5PMPersonal Services / Dry Cleaners9032%N/AN/AN/AN/A9031 per 250 square feet3.623136 SupercutsSUNDAY-SATURDAY 9AM-8PMPersonal Services / Hair Salon1,0032%N/AN/AN/AN/A1,0031 per 250 square feet4.023152 Chase BankMONDAY-FRIDAY 9AM-6PMSATURDAY 9AM-4PMSUNDAY CLOSEDOffice / Financial 4,0008%N/AN/AN/AN/A4,0001 per 250 square feet16.00 PLAN CHECK 1642-20103117 Newport NailsMONDAY-FRIDAY 9AM-7PMSATURDAY 9AM-6PMSUNDAY 10AM-5PMNail Salon 9002%N/AN/AN/AN/A9001 per 80 square feet11.25Storage N/AN/AStorage950.20%N/AN/AN/AN/A951 per 250 square feet0.3840,41584.53%169.347,812100%260.50261236-25-9.60%² The GFA and outdoor dining area is calculated from the information provided by the City of Newport Beach and the applicant.N/A = Not ApplicableTOTAL RESTAURANTNON-RESTAURANT (RETAIL, HAIR SALON, BANK, ETC)TOTAL NON-RESTAURANTTotal Shopping Center Gross Floor AreaTotal Required Parking Per Newport Beach Municipal CodeTotal Required Parking Per Newport Beach Municipal Code (Rounded Up)Total Number Parking Spaces Provided On-SiteNumber of Parking Spaces Deficient Per Municipal CodePercent of Parking Spaces Deficient Per Municipal Code¹ Parking rates obtained from City of Newport Beach Municipal Parking Code Section 20.40.050 * = Gina's Pizza outdoor patio area reduced by 40 square feet as directed by the City.RESTAURANTTable 6 The Landing Shopping Center, Newport BeachRequired Parking Sec 20.40-050¹ (Proposed Conditions)Suite TenantHours of OperationLand UseGross Floor Area (S.F)Percent of Gross Floor AreaInterior Net Public Area (S.F.)Outdoor PatioTotal Area for Parking Calculations (S.F.)Parking Code1Number of Spaces RequiredDiscretionary Application No.RK15350.2TB2830-2019-0194
24026121Table 7The LandingProposed Project Change in Project Site Required Parking Based on City of Newport Beach Municipal CodeTotal Site Parking Required Under Existing Conditions based on Municipal Code (Spaces)Total Site Parking Required Under Proposed Project Conditions based on Municipal Code (Spaces)Total Site Increase in Required Parking based on Municipal Code (Spaces) RK15350.2TB2830-2019-0195
Thursday3:00 PM1302115123664%85Friday1:00 PM1352115623666%80Saturday3 PM & 6 PM1202114123660%95Number of Parking Spaces AvailableTable 8The LandingProjected Future Parking Demand 100% Tenant Occupancy with Chihuahua Cerveza ExpansionDate Peak Time Maximum Observed Parking DemandCity Code Change in Total Site Parking Demand Expected from Chihuahua ExpansionTotal Future Parking DemandNumber of Parking Spaces Provided On-SitePercent of Parking Spaces OccupiedRK15350.2TB2830-2019-0196
Appendices
97
Appendix A
City of Newport Beach Municipal Parking Code
(21.40.040)
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Page 21.40-1
Chapter 21.40 – Off-Street Parking
Sections:
21.40.010 Purpose
21.40.020 Applicability
21.40.030 Requirements for Off-Street Parking
21.40.040 Off-Street Parking Spaces Required
21.40.045 Bicycle Parking for Non-residential Developments
21.40.050 Parking Requirements for Shopping Centers
21.40.060 Parking Requirements for Food Service Uses
21.40.070 Development Standards for Parking Areas
21.40.110 Adjustments to Off-Street Parking Requirements
21.40.120 Parking Management Districts
21.40.130 In-Lieu Parking Fee
21.40.145 Preferential Parking Zones
21.40.010 – Purpose
The purpose of this chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the City by ensuring
that sufficient parking facilities are available to meet the needs generated by specific uses
and that adequate parking is provided, to the extent feasible;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading
facilities;
C. Increase public safety by reducing congestion on public streets and to minimize impacts to
public street parking available for coastal access and recreation;
D. Ensure access and maneuverability for emergency vehicles;
E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and
F. Provide transportation and parking requirements for new development to protect,
maintain, and enhance public access in the Coastal Zone.
21.40.020 – Applicability
A. Off-Street Parking Required. Each use, including a change or expansion of a use or
structure, except as otherwise provided for in Chapter 21.38 (Nonconforming Uses and
Structures) shall have appropriately maintained off-street parking and loading areas in
compliance with the provisions of this chapter. A use shall not be commenced and
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Page 21.40-2
structures shall not be occupied until improvements required by this chapter are
satisfactorily completed.
B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or
intensification of an existing use shall require compliance with the off-street parking
requirements of this chapter, except as allowed in Chapter 21.38 (Nonconforming Uses
and Structures).
21.40.030 – Requirements for Off-Street Parking
A. Parking Required To Be On-Site. Parking shall be located on the same lot or
development site as the uses served, except for the following:
1. Townhouses and Multi-Tenant Uses. Where parking is provided on another lot
within the same development site, the parking shall be located within two hundred
(200) feet of the units they are intended to serve.
2. Off-Site Parking Agreement. Parking may be located off-site with the approval of
an off-site parking agreement.
B. Permanent Availability Required. Each parking and loading space shall be permanently
available and maintained for parking purposes for the use it is intended to serve. The
Director may authorize the temporary use of parking or loading spaces for other than
parking or loading in conjunction with a seasonal or intermittent use.
C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and
landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light
standards, and all other facilities shall be permanently maintained in good condition.
D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a
private street, parking lot, or private property for the primary purpose of displaying the
vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is
appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that
location.
E. Calculation of Spaces Required.
1. Fractional Spaces. Fractional parking space requirements shall be rounded up to
the next whole space.
2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear
inches of seating shall be considered to constitute a separate or individual seat.
3. Gross Floor Area. References to spaces per square foot are to be calculated on
the basis of gross floor area unless otherwise specified.
4. Net Public Area. “Net public area” shall be defined as the total area accessible to
the public within an eating and/or drinking establishment, excluding kitchens,
restrooms, offices pertaining to the use, and storage areas.
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Newport Beach LCP Implementation Plan – CCC Draft 1
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5. Spaces per Occupant. References to spaces per occupant are to be calculated
on the basis of maximum occupancy approved by the City of Newport Beach Fire
Department.
6. Spaces Required for Multiple Uses. If more than one use is located on a site, the
number of required off-street parking spaces shall be equal to the sum of the
requirements prescribed for each use.
F. Nonconforming Parking and Loading. Land uses and structures that are
nonconforming due solely to the lack of off-street parking or loading facilities required by
this chapter shall be subject to the provisions of Section 21.38.060 (Nonconforming
Parking).
21.40.040 Off-Street Parking Spaces Required.
Off-street parking spaces shall be provided in compliance with Table 21.40-1. Where the
off-street parking spaces required is established by a coastal development permit, the review
authority shall require sufficient data, including a parking demand study, from the applicant in
order to make this determination. These standards shall be considered the minimum required to
preserve the public health, safety, and welfare, and more extensive parking provisions may be
required by the review authority in particular circumstances. Unless otherwise noted parking
requirements are calculated based on gross floor area.
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Industry, Manufacturing and Processing, Warehousing Uses
Food Processing 1 per 2,000 sq. ft.
Handicraft Industry 1 per 500 sq. ft.
Industry
Small—5,000 sq. ft. or less 1 per 500 sq. ft.
Large—Over 5,000 sq. ft. 1 per 1,000 sq. ft.
Industry, Marine-Related 1 per 750 sq. ft.
Personal Storage (Mini Storage)
2 for resident manager, plus
additional for office as required by
coastal development permit
Research and Development 1 per 500 sq. ft.
Warehousing and Storage
1 per 2,000 sq. ft., plus one per 350
sq. ft. for offices. Minimum of 10
spaces per use
Wholesaling 1 per 1,000 sq. ft.
101
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities 1 per 3 seats or one per 35 sq. ft.
used for assembly purposes1
Commercial Recreation and Entertainment As required by coastal development
permit
Cultural Institutions 1 per 300 sq. ft.
Schools, Public and Private As required by coastal development
permit
Residential Uses
Accessory Dwelling Units 1 per unit; a minimum of 2 covered
per site.
Single-Unit Dwellings—Attached 2 per unit in a garage
Single-Unit Dwellings—Detached and less than 4,000 sq.
ft. of floor area 2 per unit in a garage
Single-Unit Dwellings—Detached and 4,000 sq. ft. or
greater of floor area 3 per unit in a garage
Single-Unit Dwellings—Balboa Island 2 per unit in a garage
Multi-Unit Dwellings—3 units
2 per unit covered, plus guest
parking;
1—2 units, no guest parking required
3 units, 1 guest parking space
Multi-Unit Dwellings—4 units or more 2 per unit covered, plus 0.5 space per
unit for guest parking
Two-Unit Dwellings 2 per unit; 1 in a garage and 1
covered or in a garage
Live/Work Units 2 per unit in a garage, plus 2 for
guest/customer parking
Senior Housing—Market rate 1.2 per unit
Senior Housing—Affordable 1 per unit
Retail Trade Uses
Appliances, Building Materials, Home Electronics,
Furniture, Nurseries, and Similar Large Warehouse-type
Retail Sales and Bulk Merchandise Facilities
1st 10,000 sq. ft.—1 space per 300
sq. ft.
Over 10,000 sq. ft.—1 space per 500
sq. ft.
102
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Plus 1 per 1,000 sq. ft. of outdoor
merchandise areas
Food and Beverage Sales 1 per 200 sq. ft.
Marine Rentals and Sales
Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1
per 350 sq. ft. of office area
Marine Retail Sales 1 per 250 sq. ft.
Retail Sales 1 per 250 sq. ft.
Shopping Centers 1 per 200 sq. ft. See Section
21.40.050
Service Uses—Business, Financial, Medical, and Professional
Convalescent Facilities 1 per 3 beds or as required by coastal
development permit
Emergency Health Facilities 1 per 200 sq. ft.
Financial Institutions and Related Services 1 per 250 sq. ft.
Hospitals 1 per bed; plus 1 per resident doctor
and 1 per employee.
Offices*—Business, Corporate, General, Governmental
First 50,000 sq. ft. 1 per 250 sq. ft. net floor area
Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area
Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area
* Not more than 20% medical office uses.
Offices—Medical and Dental Offices 1 per 200 sq. ft.
Outpatient Surgery Facility 1 per 250 sq. ft.
Service Uses—General
Adult-Oriented Businesses 1 per 1.5 occupants or as required by
coastal development permit
Ambulance Services 1 per 500 sq. ft.; plus 2 storage
spaces.
Animal Sales and Services
Animal Boarding/Kennels 1 per 400 sq. ft.
Animal Grooming 1 per 400 sq. ft.
103
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Animal Hospitals/Clinics 1 per 400 sq. ft.
Animal Retail Sales 1 per 250 sq. ft.
Artists’ Studios 1 per 1,000 sq. ft.
Catering Services 1 per 400 sq. ft.
Care Uses
Adult Day Care—Small (6 or fewer) Spaces required for dwelling unit only
Adult Day Care—Large (7 or more)
2 per site for drop-off and pick-up
purposes (in addition to the spaces
required for the dwelling unit)
Child Day Care—Small (6 or fewer) Spaces required for dwelling unit only
Child Day Care—Large (9 to 14)
2 per site for drop-off and pick-up
purposes (in addition to the spaces
required for the dwelling unit)
Day Care—General
1 per 7 occupants based on
maximum occupancy allowed per
license
Residential Care—General (7 to 14) 1 per 3 beds
Eating and Drinking Establishments
Accessory (open to public)
1 per each 3 seats or 1 per each 75
sq. ft. of net public area, whichever is
greater
Bars, Lounges, and Nightclubs
1 per each 4 persons based on
allowed occupancy load or as
required by coastal development
permit
Food Service with/without alcohol, with/without late
hours
1 per 30—50 sq. ft. of net public area,
including outdoor dining areas 25% of
the interior net public area or 1,000
sq. ft., whichever is less. See Section
21.40.060
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft.
for outdoor dining areas
Take-Out Service—Limited 1 per 250 sq. ft.
Emergency Shelter
1 per 4 beds plus 1 per staff; and if
shelter is designed with designated
family units then 0.5 parking space
104
Newport Beach LCP Implementation Plan – CCC Draft 1
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
per bedroom designated for family
units
Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area
Health/Fitness Facilities
Small—2,000 sq. ft. or less 1 per 250 sq. ft.
Large—Over 2,000 sq. ft. 1 per 200 sq. ft.
Laboratories (medical, dental, and similar) 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Services
Boat Storage—Dry 0.33 per storage space or as required
by coastal development permit
Boat Yards As required by coastal development
permit
Dry Docks 2 per dry dock
Entertainment and Excursion Services 1 per each 3 passengers and crew
members
Marine Service Stations As required by coastal development
permit
Sport Fishing Charters 1 per each 2 passengers and crew
members
Water Transportation Services—Office 1 per 100 sq. ft., minimum 2 spaces
Personal Services
Massage Establishments 1 per 200 sq. ft. or as required by
coastal development permit
Nail Salons 1 per 80 sq. ft.
Personal Services, General 1 per 250 sq. ft.
Studio (dance, music, and similar) 1 per 250 sq. ft.
Postal Services 1 per 250 sq. ft.
Printing and Duplicating Services 1 per 250 sq. ft.
Recycling Facilities
Collection Facility—Large 4 spaces minimum, but more may be
required by the review authority
105
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Collection Facility—Small As required by the review authority
Visitor Accommodations
Bed and Breakfast Inns 1 per guest room, plus 2 spaces
Hotels and accessory uses As required by coastal development
permit
Motels 1 per guest room or unit
Recreational Vehicle Parks As required by coastal development
permit
Time Shares As required by coastal development
permit
Transportation, Communications, and Infrastructure Uses
Communication Facilities 1 per 500 sq. ft.
Heliports and Helistops As required by coastal development
permit
Marinas 0.75 per slip or 0.75 per 25 feet of
mooring space
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only 1 per 250 sq. ft.
Limited
1 per 300 sq. ft., plus 1 per rental
vehicle (not including bicycles and
similar vehicles)
Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area
Vehicles for Hire
1 per 300 sq. ft., plus 1 per each
vehicle associated with the use and
stored on the same site
Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by
DMV
Vehicle/Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay,
whichever is more
Vehicle/Equipment Services
Automobile Washing
1 per 200 sq. ft. of office or lounge
area; plus queue for 5 cars per
washing station
106
Newport Beach LCP Implementation Plan – CCC Draft 1
Page 21.40-9
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Service Station 1 per 300 sq. ft. or 5 per service bay,
whichever is more; minimum of 4
Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per
service bay
Vehicle Storage 1 per 500 sq. ft.
Other Uses
Caretaker Residence 1 per unit
Special Events As required by Chapter 11.03
Temporary Uses
As required by the coastal
development permit in compliance
with Chapter 21.52
1. The 1 per 3 seats standard should be used for areas with fixed setting and the 1 per 35 sq. ft. standard should be used for
areas with no fixed seating.
21.40.045 – Bicycle Parking for Non-residential Developments
A. Applicability. The bicycle parking standards of this section shall be required for new
non-residential developments with gross floor areas of ten thousand (10,000) square feet
or more.
B. Number Required. Five (5) percent of the number of off-street parking spaces required.
C. Design Requirements. For each bicycle parking space required, a stationary object shall
be provided to which a user can secure the bicycle with a user-provided cable and lock.
The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.
21.40.050 – Parking Requirements for Shopping Centers
A. An off-street parking space requirement of one space for each two hundred (200) square
feet of gross floor area may be used for shopping centers meeting the following criteria:
1. The gross floor area of the shopping center does not exceed 100,000 square feet;
and
2. The gross floor area of all eating and drinking establishments does not exceed
fifteen (15) percent of the gross floor area of the shopping center.
B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more
shall meet the parking space requirement for the applicable use in compliance with
Section 21.40.040 (Off-Street Parking Spaces Required).
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Newport Beach LCP Implementation Plan – CCC Draft 1
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C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating
and drinking establishments occupying more than fifteen (15) percent of the gross floor
area of the center shall use a parking requirement equal to the sum of the requirements
prescribed for each use in the shopping center.
21.40.060 – Parking Requirements for Food Service Uses
A. Establishment of Parking Requirement. The applicable review authority shall establish
the off-street parking requirement for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon the following
considerations:
1. Physical Design Characteristics.
a. The gross floor area of the building or tenant space;
b. The number of tables or seats and their arrangement;
c. Other areas that should logically be excluded from the determination of net
public area;
d. The parking lot design, including the use of small car spaces, tandem and
valet parking and loading areas;
e. Availability of guest dock space for boats; and
f. Extent of outdoor dining.
2. Operational Characteristics.
a. The amount of floor area devoted to live entertainment or dancing;
b. The amount of floor area devoted to the sale of alcoholic beverages;
c. The presence of pool tables, big screen televisions or other attractions;
d. The hours of operation; and
e. The expected turnover rate.
3. Location of the Establishment.
a. In relation to other uses and the waterfront;
b. Availability of off-site parking nearby;
c. Amount of walk-in trade; and
d. Parking problems in the area at times of peak demand.
108
Newport Beach LCP Implementation Plan – CCC Draft 1
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B. Conditions of Approval. If during the review of the application, the review authority uses
any of the preceding considerations as a basis for establishing the parking requirement,
the substance of the considerations shall become conditions of the permit application
approval and a change to any of the conditions will require an amendment to the permit
application, which may be amended to establish parking requirements within the range as
noted above.
21.40.070 – Development Standards for Parking Areas
Parking areas shall be developed in compliance with the following requirements.
A. Parking Space Standards. Parking spaces shall be designed to provide have adequate
dimensions, clearances, and access to insure their use.
B. Alley Access. Development on lots or parcels with alley access shall be designed such
that access to on-site parking spaces is accessed by the abutting alley.
1. Exceptions. The reviewing authority may grant an exception on lots:
a. Where the width of the abutting alley is not sufficient to provide
maneuvering space for access; or
b. Where the provision of access by abutting streets would not result in the
loss of on-street parking spaces.
C. Driveways. Project and subdivision designs shall minimize the number of curb cuts for
driveways. Existing curb cuts shall be closed to create public on-street parking wherever
feasible.
D. Parking Configuration/Management. Parking configurations and/or parking
management programs that are difficult to maintain and enforce shall not be permitted.
21.40.110 – Adjustments to Off-Street Parking Requirements
The number of parking spaces required by this chapter may be reduced only in compliance with
the following standards and procedures.
A. Reduction of Required Off-Street Parking. Off-street parking requirements may be
reduced as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if
required by the Director, to indicate that parking demand will be less than
the required number of spaces or that other parking is available (e.g., City
parking lot located nearby, on-street parking available, greater than normal
walk in trade, mixed-use development); and
109
Newport Beach LCP Implementation Plan – CCC Draft 1
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b. A parking management plan shall be prepared in compliance with
subsection (C) of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required off-street parking may be reduced
where two or more nonresidential uses on the same site or immediately adjacent
sites have distinct and differing peak parking demands (e.g., a theater and a bank).
The review authority may grant a joint use of parking spaces between the uses that
results in a reduction in the total number of required parking spaces.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the
same parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the
review authority shall consider data submitted by the applicant or collected/prepared at
the applicant’s expense.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of
off-street parking requirements shall be approved that impacts public parking available for
coastal access.
21.40.120 – Parking Management Districts
Properties within a parking management district may be exempted from all or part of the off-street
parking requirements of this chapter in compliance with the provisions of the adopted parking
management district plan.
21.40.130 – In-Lieu Parking Fee
The number of parking spaces required by Section 21.40.040 (Off-Street Parking Spaces
Required) may be reduced if the review authority authorizes the use of an in-lieu fee to be paid by
the applicant towards the development of public parking facilities. The in-lieu fee shall be paid to
the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall
be established by Council resolution.
110
Newport Beach LCP Implementation Plan – CCC Draft 1
Page 21.40-13
21.40.145 – Preferential Parking Zones
A. Establishment. The City Council may designate, by ordinance, certain residential
streets or alleys or any portions thereof, as preferential parking zones for the benefit of
residents adjacent thereto, in which zone vehicles displaying a permit or other authorized
indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked
or noticed.
B. Coastal Development Permit Required. A coastal development permit approved by
the City Council shall be required to establish a new or modify an existing preferential
parking zone in the Coastal Zone.
C. Establishment of Preferential Parking Zones. Each preferential parking zone shall be
designated only upon the City Council finding:
1. That such zone is required to enhance or protect the quality of life in the area of the
proposed zone threatened by noise, traffic hazards, environmental pollution or
devaluation of real property resulting from long-term nonresidents parking, that
such zone is necessary to provide reasonably available and convenient parking for
the benefit of the adjacent residents; and
2. That the proposed zone is desirable to alleviate traffic congestion, illegal parking
and related health and safety problems; and
3. That the establishment of the preferential parking zone will not have a direct impact
to coastal access.
D. Criteria for Determination of Findings. The findings referred to in Subsection (C) shall
be based upon the following criteria, supported by substantial evidence in the record and
established to the satisfaction of the City Council:
1. The parking in the area by nonresidents does substantially and regularly interfere
with the use of the majority of the available public street or alley parking spaces by
adjacent residents;
2. That the interference by the nonresidents parking referred to above occurs at
regular and significant daily or weekly intervals;
3. That nonresidents parking is a source of unreasonable noise, traffic hazards,
environmental pollution or devaluation of real property in the area of the proposed
zone;
4. That the majority of households and property owners adjacent to the proposed
zone desire, agree to or request preferential parking privileges;
5. That no unreasonable displacement of nonresident vehicles will occur in
surrounding residential areas;
111
Newport Beach LCP Implementation Plan – CCC Draft 1
Page 21.40-14
6. That public rights of access to, and along the shoreline and coastal blufftops are
not directly impacted, including impacts to the use and capacity of public parking;
7. That consideration was given to the availability of, and opportunities for, alternative
modes of transportation;
8. That a shortage of reasonably available and convenient residentially related
parking spaces exists in the area of the proposed zone; and
9. That no alternative solution is feasible or practical.
E. Periodic Review. Coastal development permits establishing preferential parking zones
shall be periodically reviewed and, if necessary, modified, to insure that the criteria used to
establish the preferential parking zone reflect current conditions.
F. Parking Permits.
1. Number. A maximum of four (4) annual permits for preferential parking may be
issued for each qualified dwelling unit to any qualified applicant.
2. Fees. Permit fees shall be established by resolution of the City Council and shall
be progressive for dwelling units with multiple permits.
3. Use of Funds. Permit fees collected for preferential parking in the Coastal Zone
shall be deposited into a special fund to be used to fund programs to mitigate
impacts to coastal access and parking facilities.
112
Appendix B
Observed Parking Count Data
113
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&KLKXDKXD7DS+RXVH1HZSRUW%HDFK&$6DWXUGD\0D\WK ,QYHQWRU\ $0 $0 $0 $0 $0 30 30 30 30 30 30 30 30 30 305HJXODU +DQGLFDS6XEWRWDO 7RWDO2FFXSDQF\ 7RWDO3HUFHQW ,QYHQWRU\ $0 $0 $0 $0 $0 30 30 30 30 30 30 30 30 30 305HJXODU 6XEWRWDO 7RWDO2FFXSDQF\ 7RWDO3HUFHQW ,QYHQWRU\ $0 $0 $0 $0 $0 30 30 30 30 30 30 30 30 30 305HJXODU +DQGLFDS6XEWRWDO 7RWDO2FFXSDQF\ 7RWDO3HUFHQW ,QYHQWRU\ $0 $0 $0 $0 $0 30 30 30 30 30 30 30 30 30 30(PSOR\HH3DUNLQJ 6XEWRWDO 7RWDO2FFXSDQF\ 7RWDO3HUFHQW *UDQG7RWDO2FFXSDQF\ *UDQG7RWDO3HUFHQW =RQH=RQH=RQH=RQH&RXQWV8QOLPLWHG,QF32%R[&RURQD&$ 116
Attachment No. PC 5
Project Plans
117
INTENTIONALLY BLANK PAGE118
48X2440'-0"18'-512"46'-1112"9'-2"KITCHENDRY STORAGECOOLERDISHWASH AREASERVICE AREAMENWOMENTENANTEQUIPMENTTENANTEQUIPMENTDINING ROOMPREP/ SERVICE AREAEXISTINGPASS-THRU"SALOON"54"H DOORSEXISTING LOCKERSEXISTING SINKSANDCOUNTERTENANTEQUIPMENTEXISTING PARTITIONEXISTINGFLOORSINKPREP AREAWALK-INEXISTING SHELVESEXISTINGSHELVESEXISTING SHELVESEXISTING S.S.COUNTERWITH 2 SHELVESABOVEEXISTING S.S. SINKSANDCOUNTER W/ 2SHELVES ABOVEEXISTINGFLOORSINKKITCHENADABATHROOM(E) H20HEATER(E) 225A ELECT.PANELEXISTINGSHELVESTAPS WALL COUNTER24X3024X3024X3024X3048X2448X2446X24TRASH48X2424X2448X2424X2424X2448X2448X2448X24PREP AREAOWNERCHIHUAHUATAPHOUSEOCHIHUAHUATAPHOUSE, BREWING CHIHUAHUATAPHOUSE EXPANSION3107 NEWPORT BLVD.NEWPORT BEACH, CA.92663COMPANYL.L.C.EXPANSION388119
Chihuahua Cerveza - Newport Beach, CAScale: 1/4"=1'-0"Date: 10/1/20Seat Count: Dining Room: 40Lounge: 14Bar: 15Patio: 45Total: 114120
LEGENDINTERIOR NET PUBLIC AREAEXTERIOR NET PUBLIC AREATOTAL NET PUBLIC SF CALCULATIONNET PUBLIC FLOOR PLANSCALE: 1/8"=1'-0"CHIHUAHUA CERVEZA3107 NEWPORT BLVD. NEWPORT BEACH, CA 92663INTERIOR NET PUBLIC AREA: 1,093 SFEXTERIOR NET PUBLIC AREA: 626 SFMINUS 25% OF INTERIOR SPACE: -273 SFTOTAL NET PUBLIC AREA: 1,446 SF121
From:joe reiss
To:Planning Commissioners
Subject:Chihuahua Cerveza Expansion
Date:Tuesday, October 20, 2020 2:25:49 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Good Afternoon,
I have lived on the peninsula for 15 years in the 200 Blk. 30th Street and have seen the
continued increase of alcohol establishments in my area. I have also seen the increase in crime
that is directly related to this increase. I know we want to help Chihuahua's to be successful,
and I myself frequently go there to eat, but I am concerned about the expansion into the
parking lot and the reduction of 25 parking spaces. This will have a negative impact on
parking in my neighborhood. Since the City made the decision to allow Malarky's and
Helmsman Ale House to use their parking lots for outdoor dining the parking in my
neighborhood has become very difficult. This will add to that problem. Does the City plan to
close down the outdoor dining any time soon for Malarky's or Helmsman Ale House?
I am also concerned that Chihuahua's, like many others have done, will come back later and
try to get their closing hours changed to 2am. Is this the first step by Chihuahua's to morph
into a bar? The old Rudy's bar is getting ready to open again and instead of three bars in the
area, we could potentially have four.
My request is that the City be strategic in the businesses/expansions they allow in this area, so
they do not have a negative impact on the residential neighborhood that surrounds these
businesses. Since we have an overconcentration of alcohol establishments in this area and
since it is the highest crime area in the City, it is your responsibility to ensure we are not
negatively impacted by these decisions. Please do not allow this area to turn into the same
problem area as the area around Newport Pier. Just look at the increase in police calls for
service for violence, vandalism, public drunkenness, disturbances etc. in the pier area. It is out
of control. Please help protect our neighborhood and consider these concerns in your decision.
Thank you,
Joe Reiss
Planning Commission - October 22, 2020
Item No. 6a Additional Materials Received
Chihuahua Cerveza Expansion (PA2019-160)
From:Lee, David
To:Rodriguez, Clarivel; Lee, Amanda
Subject:FW: Newport Chihuahua
Date:Wednesday, October 21, 2020 10:01:03 AM
-----Original Message-----
From: michael t. mahoney <michael@michaeltmahoney.com>
Sent: Wednesday, October 21, 2020 9:59 AM
To: Lee, David <dlee@newportbeachca.gov>
Cc: michael t. mahoney <michael@michaeltmahoney.com>
Subject: Newport Chihuahua
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Newport Chihuahua
Dear Mr. Lee
My wife Kathryn and/or I have been a home owner at 3300 Marcus Av. since 1975. This neighborhood has been a
High Density Area long before we resided here and the challenges of unruly behavior inuring to late night bars and
clubs are not new to residents in the neighborhood. Years ago The White Horse, located on Newport Blvd near the
current Fish & Anchor, was the offender...it was ultimately forced to shut down. More recently Rudy’s, located on
Newport Blvd. and 31st St. was the late night loud noise bane of our evenings. For one thing the sound from these
establishments reverberates down the open roadways and open channel and delivers auditory insult late into the
night. Additionally, parking challenges resulting from Lido House and other business establishments is compounded
when bars and clubs move into the area. Perhaps worst of all is the bad behavior of party goers and late night
revelers roaming the streets and causing calls to police while ignoring the rights of constituents.
Everyone should have the right to access and reasonable quiet enjoyment of their home, at least during late night
hours of rest and relaxation.
As I said, we’ve been through this before... loud and raucous music and roving packs of inebriated youth, late into
the night. I ask you, how do we have a normal life in a war zone?
Please do not serve
transient interests over those of long term invested residents. Please protect the modicum of neighborly civility by
limiting after hour assaults as described herein. Do not approve Chihuahua Brewing Company’s application to
expand activities at 3107 and 3109 Newport Blvd. that will conflict with residents normal and reasonable occupation
of their homes.
Michael T Mahoney
Sent from my iPhone
Planning Commission - October 22, 2020
Item No. 6b Additional Materials Received
Chihuahua Cerveza Expansion (PA2019-160)
From:Lee, David
To:Lee, Amanda; Rodriguez, Clarivel
Subject:FW: Chihuahua Cerveza Expansion
Date:Thursday, October 22, 2020 1:15:39 PM
Hello, see comment below.
From: Rhonda Ruby <rhondaruby1@gmail.com>
Sent: Wednesday, October 21, 2020 10:22 AM
To: Lee, David <dlee@newportbeachca.gov>
Subject: Chihuahua Cerveza Expansion
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content is safe.
Dear Mr. David Lee and Ms. Wendy Joe,
thank you for the opportunity to make our opinions on the expansion of Chihuahua restaurant
heard. My name is Rhonda, and I am a 29 year resident of Newport Beach. As most people who live
and/or work here know, this is a very lively, busy, crowded and noisy place. Most of the noise and
congestion around here is constant..... (construction, traffic, sirens, beach goers, tourists, party
seekers, etc...) but is expected, tolerated and simply just comes with the territory of living here.
However, what doesn’t come with the territory is having an outdoor, blaring, concert venue in our
neighborhood shopping center, right across the street from where so many of us live.
This past summer, When Chihuahua Cerveza was allowed to have microphones and amplifiers out
in the parking lot every Saturday and Sunday, the noise from the workers even just talking, much less
the Reggae that they blasted for hours on end was vexatious. It was so loud that we couldn’t even
hear our OWN music or have simple conversations in our house! It was that loud!! It definitely
disturbs the peace on a grand scale.
The way Chihuahua Restaurant are currently doing their business is pleasant. We can hear their
music day and night, but it isn’t abrasive or disturbing when it’s on that level. Please ‘do not’ allow
there to be ‘live music’ or ‘DJ music’ outside in the shopping center parking lot of 31st Street. It just
wouldn’t be fair to the people that live here.
Thank you,
Mike, Rhonda, Mason & Madeleine Arens
Sent from my iPhone
Planning Commission - October 22, 2020
Item No. 6c Additional Materials Received After Deadline
Chihuahua Cerveza Expansion (PA2019-160)
From:Wetherholt, Drew
To:Planning Commissioners
Cc:Diane DIXON; SouthCoast@coastal.ca.gov; Lewis, Jon
Subject:Chihuahua Expansion
Date:Thursday, October 22, 2020 4:03:09 PM
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Planning Commissioners:
While I wish to see Chihuahua successful, I feel their expansion request asks for too much due to the
following:
1.Allowing for a 25 parking space variance is simply too much given the area is already
negatively impacted by a shortage of parking, Due to all the other restaurants now occupying their
parking lots with tables this has now filled the public lots. Both the residents, businesses and the
general public are now having more difficulties parking whether it be on the street or the public lots
due to the reduction in parking due to the restaurants and bars eliminating on-site parking for
tables. The lack of parking is already negatively impacting other businesses. Also, residents are now
considering demanding permitted parking on the streets surrounding these businesses due to the
lack of parking just like the Fun-Zone area further down the Peninsula. The parking study is weak and
only reflects a few days during the week. It does not even consider the summer season were parking
is at an absolute premium. Lastly, the California Coastal Commission surely will look negatively upon
the reduction of available public parking for public access to the beaches.
2.Alcohol related crime and police calls for service are already excessive. How the police can
say this expansion will not have a negative effect on policing is beyond ridiculous. We have already
seen the increase in problems due to the continued late-night alcohol. Just look at the Police Calls
for Service for District 15 and the alcohol related calls are excessive. Also, police response times in
out district can range from 20-40 minutes due to the police already dealing with alcohol related
issues on Friday and Saturday nights. A couple weekends ago the response time for a disturbance
was 35 minutes on our street at 11PM. Dispatch said they were dealing with some sort of bar
issue/fight. This happens a lot. While I very much support our police, they are simply often
overwhelmed on the weekends in this area.
3.Crime in district 15 is already over 350% greater than the rest of the city. And most of these
problems are directly related to the overconcentration of alcohol establishments in this district. The
police clearly have NOT been able to reduce and/or control the crime and alcohol related issues over
the last 7 years. If anything, it only keeps getting worse. Why would the city allow for this expansion
given the issues at hand?
4.Chihuahua will come back at a later date requesting an extension of their hours to 2AM,
saying that their current hours will not allow them to be successful. We have seen this repeatedly.
The City has a responsibility to ensure that these expansions do NOT have a negative impact on the
surrounding residential neighborhoods. The number of DUIs and drunken disturbances have only
Planning Commission - October 22, 2020
Item No. 6d Additional Materials Received After Deadline
Chihuahua Cerveza Expansion (PA2019-160)
continued to increase in this district especially on Friday and Saturday nights. Just several weeks ago
an individual was hit by a DUI driver at 30TH and Balboa Blvd. The police were at the scene until 4AM
investigating. The residents believe the individual was killed but the police will not tell us.
5. Excessive noise—This establishment’s music can already be heard all the way across 32nd
Street to the residential homes.
I would encourage the planning commission to reduce the size of this application which will reduce
the negative impacts to the residents, the other businesses, and the police/fire/paramedic services.
Thank you for your consideration!
Sincerely,
Drew Wetherholt
Planning Commission - October 22, 2020
Item No. 6d Additional Materials Received After Deadline
Chihuahua Cerveza Expansion (PA2019-160)
Planning
Commission
Public Hearing
October 22, 2020
Chihuahua Cerveza Expansion
Conditional Use Permit
Coastal Development Permit
3107 and 3109 Newport Boulevard
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Community Development Department -Planning Division 2
Location
Project Location236 parking spaces
Neighborhood Commercial
Grocery store
Restaurants
Retail and service uses
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Community Development Department -Planning Division 3
Operational Changes
Existing Proposed
Floor Area 1,878 gross square feet (interior)
259 square foot patio
2,616 gross square feet (interior)
626 square foot patio
ABC License Type 41 ABC License (Beer and Wine)Type 47 (On-Sale General)
Hours of Operation 9 a.m. to 11 p.m., daily.Interior:
6:30 a.m. to 10 p.m., Sun.-Th.
6:30 a.m. to 11 p.m., Fri.-Sat.
Exterior:
6:30 a.m. to 10:00 p.m.,daily.
*Alcohol Service begins at 9 a.m.
Live Entertainment Not Permitted Live entertainment on Tues. and Sat.
7-9 p.m.
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Existing
Community Development Department -Planning Division 4
3107 3109
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Proposed
Community Development Department -Planning Division 5
•Expanded Dining Room
•Bar Area (15 seats max)
•Additional Storage
•Expanded Patio
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Existing
Parking
Community Development Department -Planning Division 6
Required Parking (1 per 200 sq.ft.)
•47,812 sq. ft. / 200 = 240 spaces
•5-space waiver in 2010
235 spaces
Parking Provided 236 spaces
Parking Surplus 1 space
1 per 200 sq. ft. (gross) parking rate:
•Rate for shopping centers
•Under 100,000 sq. ft.
•Maximum 15% of area permitted for eating and drinking
establishments
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Proposed
Parking
Community Development Department -Planning Division 7
Required Parking (Various Uses)261 spaces
Parking Provided 236 spaces
Parking Deficit 25 spaces
If over 15% of eating and drinking establishments:
•Park per individual uses
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Parking Study
Community Development Department -Planning Division 8
Parking Demand Parking Supply Percentage
Occupied
Existing 135 236 57%
Proposed 156 236 66%
•Study performed in May, 2019
•Typical weather conditions on Thurs, Fri,
and Sat
•Existing parking lot accommodates
Chihuahua expansion
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Alcohol
Upgrade from Type 41 (Beer and Wine) to Type 47 (On-Sale General)
Located in Reporting District 15
Undue concentration of ABC Licenses
High crime rate
No objection from Police Department
No late hours proposed
Operator’s License required
Community Development Department -Planning Division 9
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Live
Entertainment
Tuesdays and Saturdays, 7-9 p.m.
Acoustic only
Two performers maximum
Doors and windows closed during
performances
Community Development Department -Planning Division 10
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Compatible with neighborhood
No late hours
Eating and drinking establishment
since 2011
Provides visitor-serving use in Coastal
Zone
Accommodates parking
Does not affect surrounding public
street parking
Community Development Department -Planning Division 11
Findings
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
Recommended
Action
Conduct a public hearing
Find this project exempt from CEQA pursuant to Class 1 (Existing Facilities) and Class 3 (New Construction) of the CEQA Guidelines
Adopt Resolution PC2020-036, approving Conditional Use Permit No. UP2020-035 and Coastal Development Permit No. CD2020-001
Supersedes Resolution No. 2011-27
Community Development Department -Planning Division 12
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)
For more
information
Contact
Questions?
Applicant: Kaitlin Crowley
Parking Consultant: RK Engineering
Police Department: Wendy Joe
David Lee
949-644-3225
dlee@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 13
Planning Commission - October 22, 2020
Item No. 6e Additional Materials Presented at Meeting by Staff
Chihuahua Cerveza Expansion (PA2019-160)