HomeMy WebLinkAbout20190822_PD and Findings (rev August 20 2019)
Chihuahua Cerveza
Project Description and Letter of Justification
Project Description
The project proposes a minor expansion of the existing Chihuahua Cerveza restaurant
into the adjacent suite space currently occupied by Poke Fresh. Chihuahua Cerveza exists as a
component of The Landing shopping center, which is generally bounded by Newport Boulevard,
Balboa Boulevard, 30th Street, and 32nd Street. The existing Chihuahua Cerveza restaurant
space is approximately 1,876 square feet of interior floor area, with 259 square feet of outdoor
patio area. The proposed project would expand the existing restaurant by 730 square feet of
interior floor area and 190 square feet of exterior patio square footage (for a total expansion of
920 square feet). The project proposes to add 48 seats, for a total of 108 seats.
Chihuahua Cerveza currently operates pursuant to a Minor Use Permit (“MUP”)
approved by the City of Newport Beach (“City”) City Council on March 22, 2011 (PA2010-
155). The approved MUP authorized an eating and drinking establishment with a covered
outdoor dining patio with a Type 41 Alcoholic Beverage Control (“ABC”) license. The MUP
authorized hours from 9:00 AM to 11:00 PM for interior space, and from 9:00 AM to 10:00 PM
for exterior patio areas. The project requests to extend the permitted operating hours to 7:00 AM
to 12:00 AM for interior space and 7:00 AM – 10:00 PM for exterior patio areas.
The Landing consists of a grocery store, multiple restaurants and retail establishments in
the heart of Balboa Peninsula’s commercial corridor. The City’s General Plan designates the site
as Neighborhood Commercial, which is intended to provide for a range of retail and service uses
developed in distinct centers oriented to serve the needs of and maintain compatibility with
residential uses in the area. The City’s Coastal Land Use Plan (“CLUP”) designates the site as
Neighborhood Commercial. The coastal zoning district is Commercial Neighborhood which,
like the General Plan and CLUP Neighborhood Commercial designation, is intended to provide
retail and service uses that are compatible with nearby residential uses. The proposed project
would be consistent with the zoning and designations for the site by continuing the use of the
space for visitor-serving and neighborhood serving uses in the area in a manner compatible with
surrounding uses. The nearest residential uses to the site are located to the northwest
approximately 225 feet from the existing restaurant suite across The Landing’s parking lot and
32nd Street. The Landing employs a security team, with at least two security guards on patrol at
any given time.
In conjunction with the minor expansion and proposed hours of operation, the project will
seek a change in the ABC license from a Type 41 (beer and wine only) to a Type 47 (on-sale
general, eating establishment) license. The Type 47 license permits the sale of liquor in addition
to beer and wine when served as part of an eating and drinking establishment. Chihuahua
Cerveza has operated pursuant to its Type 41 license for 9 months without issue, and the
project’s request for a Type 47 license will provide a broader range of options to restaurant
patrons.
The expansion is consistent with the existing layout of Chihuahua Cerveza and is
intended to provide a more accommodating experience for patrons by expanding the floor area
and providing additional, limited outdoor seating; a desirable amenity on the Balboa Peninsula.
To further enhance the patron experience, the project seeks authorization for live acoustic music
for Tuesday and Saturday nights. All acoustic music will be indoors, which would ensure no
adverse noise impacts on nearby residential uses. The proposed live music would have a
maximum of three performers at any given time and would not occur after 9 p.m. No dancing
would be permitted. A noise study prepared by RK Engineering in support of the limited term
permit demonstrates that there will be no measurable increase in noise levels at the residences
along 32nd Street across from The Landing.
RK Engineering also conducted a parking analysis for the proposed project. The analysis
included personal observations of parking supply and demand at The Landing, as well as
anticipated demand associated with the proposed project. The Landing currently provides a total
of 236 parking spaces, which are shared by the existing uses. RK Engineering concluded that
even during peak demand with the proposed project, The Landing would have surplus parking
more than sufficient to accommodate the project.
To facilitate the requested restaurant expansion and operations, the project requires an
amendment to the existing MUP (PA2010-155) and authorization for the following project
components:
1. Minor Expansion
2. Late Night Hours
3. Type 47 License
4. Parking Management Plan
5. Live Entertainment
Letter of Justification
Finding 1
The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. 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 serve the needs of and maintain
compatibility with residential uses in the immediate area. An eating and drinking
establishment with alcohol sales and accessory outdoor dining is a consistent use within this
land use designation.
2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula
and are frequented by visitors and residents alike. The establishment is compatible with the
land uses permitted within the surrounding neighborhood.
3. The subject property is not part of a specific plan area.
Finding 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.
Facts in Support of Finding
1. The use is allowed within the applicable zoning district, which permits development
restaurant and service uses with alcohol service. The proposed food service, eating and
drinking establishment with beer and wine alcohol service and an outdoor patio is consistent
with land uses permitted by the Zoning District.
Finding 3
The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
1. The restaurant is compatible with the surrounding uses of the area, which include retail,
restaurants, other commercial uses, as well as a grocery store.
2. The Landing shopping center, within which the project is located, is on a major commercial
corridor (Newport Boulevard) on the Balboa Peninsula.
3. A restaurant has been operating in this location pursuant to PA2010-155 since on or about
March 2011, and has operated without incident.
4. The project includes conditions of approval to ensure that potential conflicts are minimized
to the greatest extent possible. The restaurant is oriented toward the parking lot and is located
approximately 225 feet from residential properties across 32nd Street.
5. The operational conditions of approval recommended by the Police Department relative to
the sale of alcoholic beverages will ensure compatibility with the surrounding uses and
minimize alcohol related impacts. The project has been conditioned to ensure the welfare of
the surrounding community so that the business remains a restaurant and does not become a
bar or tavern.
6. Any live entertainment occurring at the site is limited to acoustic-only entertainment of no
more than three (3) individuals.
Finding 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.
Facts in Support of Finding
1. The project site is located within an existing commercial building and the expansion tenant
space is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood.
2. The restaurant is located within a larger shopping center that is appropriately accessible to
emergency vehicles, public services, and utilities.
3. The tenant improvements to the project site will comply with all Building, Public Works, and
Fire Codes.
4. The project complies with the applicable standards (including FAR and setbacks) of the
General Plan and NBMC, ensuring compatibility with adjacent development.
Finding 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.
Facts in Support of Finding
1. The project has been designed to ensure that potential conflicts with surrounding land uses
are minimized to the extent possible to maintain a healthy environment for both businesses
and residents by providing an architecturally pleasing project with articulation and building
elements that enhance the urban environment.
2. The Landing’s buildings were designed to accommodate and provide safe access for
emergency vehicles, trucks, and refuse collection vehicles, as well as patrons and pedestrians.
3. All exterior lighting is required to comply with NBMC Section 20.30.070, which requires
that all outdoor lighting fixtures be designed, aimed, located, and maintained to shield
adjacent properties from light spillage.
4. The Balboa Peninsula is a commercial, neighborhood, and visitor-serving destination. The
restaurant, including its alcoholic beverage sales, is a commercial use intended to serve
visitors, residents, and employees of the area. Therefore, it is consistent with the General
Plan, zoning, and the CLUP.
5. The proposed outdoor dining area will engage patrons within The Landing and contributes to
a more functional, pedestrian oriented center.
6. The project will have a positive impact on the overall economic health of the community and
may promote further revitalization of the other commercial properties in the area.
Finding 6
The use is consistent with the purpose and intent of Zoning Code Section 20.48.030 (Alcohol
Sales).
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
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.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
Facts in Support of Finding
1. The project is within Reporting District 15, which has a higher crime rate than the citywide
average. However, the higher crime rate is attributable to the high number of visitors to the
area, as opposed to other areas of the City, and the high ratio of non-residential uses. The
project would introduce a use that is consistent with those existing in The Landing
(restaurants and other commercial uses), and would operate consistent with the requirements
of the MUP, as well as the Operator License, as approved by the Chief of Police, and any
conditions contained therein.
2. The Landing shopping center currently utilizes hired security staff, with at least two security
staff on patrol at any given time.
3. The restaurant includes lighting consistent with NBMC, which will deter crime activities in
the area. Likewise, the project is a component of a larger commercial center – The Landing
– which is also illuminated consistent with applicable standards.
4. The project’s proposed alcohol sales is accessory to, and consistent with, the restaurant use.
The floor plan, hours of operation, and operational characteristics of the proposed restaurant,
including alcoholic beverages sales, are typical of restaurants operating in destination areas
of the City.
5. The project site has been used as a restaurant for many years, and the existing Chihuahua
Cerveza restaurant has operated without incident.
6. The subject property is located in a mixed-use district that permits residential development.
However, the restaurant is located within an already-developed parcel as a component of a
larger commercial center, which buffers residential uses.
7. There are currently no objectionable conditions at the project site that need to be resolved.
Late Hours of Operation (NBMC § 20.48.090(F)(3)(a))
The restaurant, which would serve both food and alcohol, would operate until 12:00 AM,
daily. Therefore, due to the late hours of operation (after 11:00 PM) and because the restaurant
will include alcoholic beverage sales, an Operator License must be approved by the City’s Chief
of Police, as required by NBMC Chapter 5.25. Additionally, when considering a permit to allow
restaurant eating and drinking establishments to operate with late hours, the review authority
must consider potential impacts on adjacent or nearby uses.
Finding 1
The review authority shall consider the following potential impacts upon adjacent or nearby
uses:
i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses
and activities.
ii. High levels of lighting and illumination.
iii. Increased pedestrian and vehicular traffic activity during late night and early morning
hours.
iv. Occupancy loads of the use.
v. Any other factors that may affect adjacent or nearby uses.
Facts in Support of Finding
1. The restaurant, which would serve both food and alcohol, would operate until 12:00 AM,
daily. Therefore, due to the late hours of operation (after 11:00 PM), approval of an Operator
License by the Newport Beach Police Department will be required. An Operator License
required pursuant to NBMC Chapter 5.25 may be subject to additional and/or more
restrictive conditions to regulate and control potential nuisances associated with the operation
of the restaurant, at the discretion of the City’s Police Chief. The Operator License will help
ensure compatibility of the proposed business with the surrounding uses in the vicinity.
2. All lighting at the project site will comply with the standards of the NBMC. The nearest
residences are located approximately 225 feet from the edge of the restaurant, which will be a
source of light. However, the significant distance between the restaurant and residences, and
compliance with all lighting requirements, will ensure that lighting will not impact those
residences. Also, The Landing, within which the project would be located, fronts on
Newport Boulevard, a major thoroughfare in the City, and a source of substantial ambient
light. 32nd Street buffers residential uses from The Landing. The Project’s lighting will not
markedly increase ambient light in the vicinity.
3. The restaurant expansion is proposed to occur in a well-established commercial center and
area. The project would introduce a slightly expanded restaurant consistent with the goals of
the General Plan and zoning for the Balboa Peninsula. The Project would not substantially
increase vehicular traffic to the area or create traffic that would be inconsistent with the goals
of the General Plan or zoning.
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