HomeMy WebLinkAbout2.0_Super Panga Restaurant_PA2020-356
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 6, 2021
Agenda Item No. 2
SUBJECT: Super Panga Restaurant (PA2020-356)
▪ Conditional Use Permit No. UP2020-198
▪ Operator License No. OL2020-003
SITE LOCATION: 2110 and 2112 West Ocean Front
APPLICANT: Boardwalk Mexican, LLC / Super Panga
OWNER: Orange Plaza Square, LLC
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312 or jperez@newportbeachca.gov
PROJECT SUMMARY
The applicant proposes to remodel and expand an existing restaurant into the adjoining
tenant space, currently occupied by Henry's Groceries. Also included is a request to
upgrade the existing Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage
Control (ABC) license to a Type 47 (On-Sale General - Eating Place) ABC license. As
part of the project, the existing Type 20 (Off-Sale Beer and Wine) ABC license held by
Henry's Groceries will be eliminated. The proposed expansion will create an enlarged
interior dining area, as well as improved kitchen and restroom facilities. The proposed
hours of operation are from 6 a.m. to 12:30 a.m., Monday through Thursday, and 6 a.m.
to 1 a.m., Friday through Sunday, with customers vacating no later than 30 minutes after
those closing times. There will be no live entertainment or dancing. Pursuant to Chapter
5.25 of the Newport Beach Municipal Code (NBMC), the operation as described requires
the owner/operator to obtain an operator license if the subject use permit is approved.
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) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2021-011 approving Conditional Use Permit No. UP2020-
198 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Water 2
(MU-W2)
Mixed-Use Water
(MU-W2)
Retail and restaurants with residential
above
NORTH MU-W2 MU-W2 Retail, service and restaurants with
residential above
SOUTH Parks and Recreation
(PR)
Parks and Recreation
(PR) City parking lot and beach areas beyond
EAST
Visitor Serving
Commercial (CV)
MU-W2
Commercial Visitor-
Serving (CV)
MU-W2
Retail, service, restaurants and visitor
accommodations
WEST MU-W2 MU-W2 Retail, service and restaurants with
residential above
Project Site
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INTRODUCTION
Project Setting and Description
The subject property is located within the McFadden Square area of the Balboa Peninsula
near the Newport Pier. Surrounding land uses include other eating and drinking
establishments, such as Dory Deli, Rockin’ Baja Lobster and 21 Oceanfront Restaurant
to the east; The Blue Beet, Il Farro and Stag Bar to the north with mixed-use development
beyond to the northwest; and several smaller commercial tenants to the west. The 260-
parking-space West Ocean Front Parking Lot is located immediately adjacent to the
project site. Also located within a short walking distance is the McFadden Square Parking
Lot, which contains approximately 137 parking spaces. The property consists of two lots
totaling approximately 3,750 square feet in area and is developed with an approximately
4,500-square-foot mixed-use building, which was constructed in 1925. The building is two
stories and is comprised of two commercial tenant spaces on the ground floor and
residential units above. The development is considered legal nonconforming since it
exceeds the allowable floor area ratios for a mixed-use development and there is limited
parking on site.
Restaurant Background
On May 21, 1959, the City Council approved Use Permit No. 520. This Use Permit
authorized the addition of incidental beer and wine service. The original restaurant was
established at a time when parking was not required for restaurant uses.
On July 27, 2005, The Planning Director issued Use Permit No. UP2005-027 (PA2005-119)
to allow a full-service eating and drinking establishment along with an addition of a 333-
square-foot food preparation and storage area.
On June 7, 2007, Accessory Outdoor Dining Permit No. OD2007-002 (PA2007-069) was
approved by the Planning Director to allow a small outdoor dining area in front of the building
within the public right-of-way.
Henry’s Groceries Background
It is unclear from City records as to exactly when Henry’s Groceries was established;
however, it appears to have been in operation since at least the 1970s. In 1987, Henry’s
Groceries obtained an official business license with the City and in 1992, its current Type 20
ABC license was granted to permit off-sale alcohol sales. Minimal changes other than
routine repair and maintenance have occurred over time.
Expansion and Remodel
The applicant requests approval of a conditional use permit to expand the existing eating
and drinking establishment (i.e., “restaurant”) into the adjacent tenant space occupied by
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Henry’s Groceries and to upgrade the existing ABC license from a Type 41 (On-Sale Beer
and Wine – Eating Place) to a Type 47 (On-Sale General – Eating Place). The proposed
expansion would combine the two tenant spaces thereby eliminating Henry’s Groceries
and the Type 20 (Off-Sale Beer and Wine) ABC license it holds. There will be no increase
in the number of alcohol licenses for the area and eliminating the Type 20 license will
result in a decrease in the number of licenses.
The proposal includes the expansion of the existing restaurant into the adjoining 783-
square-foot retail sales tenant space. The net increase in interior dining area will be 114
square feet for a total of 534 square feet. The existing outdoor dining area within the
public right-of-way will be removed.
The renovated restaurant will include a reconfigured dining area with up to 36 seats, a
service bar counter without patron seating, an enlarged full-service kitchen with an
exposed cookline and customer pick-up area, storage areas, and improved accessible
restrooms to serve patrons. These improvements collectively will allow for an expanded
menu and a refreshed restaurant. Although there is an increase in seats by 23 from the
current operation, Henry’s Groceries has a maximum occupant capacity of approximately
15 to 20 persons, which will be removed and replaced by part of the restaurant’s
expansion. The project applicant expects a maximum of 5 employees working at any one
time, which is no change from the current operation.
Table 1 – Existing and Proposed Operations
Existing Proposed
Interior Net Public Area
(NPA)
420 square feet 534 square feet
Outdoor NPA 30 square feet 0 square feet (removed)
Total NPA 450 square feet 534 square feet
On-Site Parking Provided Two nonresidential spaces No change
Hours of Operation 6 a.m. to 1 a.m., daily 6 a.m. to 12:30 a.m.,
Monday through Thursday
6 a.m. to 1 a.m., Friday
through Sunday
ABC License Type 41, Type 20 (Henry’s) Type 47
DISCUSSION
Consistency with General Plan/Coastal Land Use Plan/Zoning
The site is categorized as “Mixed-Use Water Related” by the General Plan Land Use
Element, the Coastal Land Use Plan, and is designated Mixed-Use Water Related (MU-
W2) by the Zoning Code, which allows for restaurants.
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General Plan/Coastal Land Use Plan Analysis
Under the General Plan land use designation of MU-W2, the Floor Area Ratio (FAR) for the
subject property is limited to 0.5 for nonresidential floor area and 0.75 for residential floor
area. The existing FAR for the subject property appears to be nonconforming based on City
records. Inasmuch as the proposed application will not result in an increase in the floor area,
the project is consistent with the Land Use Element.
Land Use Policy LU6.8.2 (Component Districts) of the General Plan notes “McFadden
Square should be emphasized as [one of the] primary activity centers of the northern portion
of the Peninsula.”
Land Use Policy LU6.12.1 (Priority Uses) of the General Plan and Land Use Policy 2.1.5-7
of the Coastal Land Use Plan state that one of the goals for the McFadden Square area is
to “accommodate visitor- and local-serving uses that take advantage of McFadden Square’s
waterfront setting including specialty retail, restaurants, and small scale overnight
accommodations.” The proposed project is consistent with this policy in that it is improving
upon an existing restaurant operation that serves residents and visitors.
The property is located within the coastal zone. The present use of the property is a
restaurant in 2110 West Ocean Front and a market in 2112 West Ocean Front. While the
restaurant will be expanding into the adjoining tenant space thereby removing the market,
this is not anticipated to significantly change the intensity of the existing uses in the property;
therefore, a coastal development permit is not required. Further, there is no additional
parking required as part of the project.
Zoning Code Analysis
The property is in the MU-W2 Zoning District, which allows eating and drinking
establishments subject to a use permit. Given the proposal includes late hours and
alcohol service, a conditional use permit is required.
Conditional Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
of the NBMC, the Planning Commission must make the following findings for approval of
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 the 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.
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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.
5. 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.
The restaurant’s location, in the heart of a commercial area within the Balboa Peninsula,
is appropriate for an operation with extended hours of operation and alcohol service.
Alcohol service will be provided as a convenience to the public and the expanded food
service provides an additional choice for visitors.
The operation of a restaurant is consistent with the purpose and intent of the Mixed-Use
Water Related (MU-W2) land use designation of the General Plan. The MU-W2
designation applies to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. Restaurants can be expected to be found in this area and are
complementary to the surrounding commercial uses. Additionally, an accessory service
bar counter and improved kitchen area will be added, diversifying the existing restaurant.
As conditioned, the proposed project will comply with NBMC standards for eating and
drinking establishments and solid waste storage. The proposed façade improvements will
have a positive impact on the overall aesthetics and economic health of the community
and may promote further revitalization of the other commercial properties in the area.
Since the West Ocean Front walk is a heavy pedestrian thoroughfare along the beach,
the improved façade and operation would help to solidify the character of the area and
provide a compatible commercial use. The removal of the small patio dining in the abutting
sidewalk will allow for improved pedestrian flow for visitors.
To help ensure that the expansion of the restaurant does not create a detrimental impact
during late hours, the operator will be required to secure an Operator License and to take
reasonable steps to discourage and correct objectionable conditions that constitute a
nuisance to areas surrounding the establishment. Should the operator be unable to abide
by the conditions of approval or prevent objectionable conditions from occurring, the
Newport Beach Police Department (NBPD) will have the authority to modify, suspend, or
revoke the operator’s ability to maintain late-hour operations.
Staff, including the NBPD, supports closing times of 12:30 a.m., Monday through
Thursday, and 1 a.m., Friday through Sunday for the restaurant. All customers are
required to vacate the restaurant no later than 30 minutes after those times. The
orientation of the tenant space will help limit exterior noise impacts given the building
faces the Newport Pier beach area and the West Ocean Front Parking Lot. Possible noise
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impacts for the interior of the restaurant will be diminished because live entertainment
and dancing are not proposed. The closing hour for the restaurant is compatible with other
eating and drinking establishments in the area. Staff does not anticipate any increased
nuisance to residents on the second floor due to the fact that there are many late-night
establishments in the area presently.
Parking
The existing restaurant was established at a time when no parking was required for a
restaurant use and is therefore considered to have nonconforming parking and is subject
to Section 20.38.060 (Nonconforming Parking) of the NBMC. Pursuant to Section
20.40.060 (Parking Requirements for Food Service Uses) of the NBMC, the eating and
drinking establishment use classification requires one parking space for each 30 to 50
square feet of net public area depending on specific design characteristics, operational
characteristics, and the location of the establishment. Based on the operating
characteristics of the current and proposed establishments, staff believes it is appropriate
to apply a requirement of one parking space for every 40 square feet of net public area.
The proposed project will increase the establishment’s interior net public area by
approximately 114 square feet thereby increasing the parking requirement by three
parking spaces (114/40 = 2.85 rounds up to three spaces).
NBMC Subsection 20.38.060(B)(1) allows a change of use provided the new use requires
a parking rate of no more than one space per 250 square feet of gross building area. As
part of the project, the expanded restaurant will take over an existing retail sales use,
which requires one parking space for each 250 square feet of gross floor area, or four
parking spaces in this case (783/250 = 3.13 rounds up to four spaces). Because the
proposed project requires three parking spaces and the existing grocery store requires
four parking spaces, the proposed project results in a lower parking requirement (see
summary table below). The project is consistent with the provisions of the nonconforming
parking section.
Table 2 – Existing and Proposed Parking Requirements
Existing Requirement Proposed Requirement
Restaurant 11 spaces 14 spaces
Retail Sales 4 spaces 0 spaces
Total 15 spaces 14 spaces
While the project complies with the required parking, it is also notable that the location is
in a dense commercial environment with multiple uses and the Newport Pier in proximity
to the subject property. The dense mixed-use area creates a “park once” environment,
which allows patrons to park once and visit multiple destinations. For this reason, there
exists the opportunity for shared trips and significant walk-in patronage from nearby
residential areas. Beach goers will park for the visit to the beach and will walk to the
restaurant thereby not creating additional trips or demand for parking. The expanded
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restaurant establishment would be compatible with the surrounding uses, serve visitors,
and parking demand is likely to be lower due to the use’s location and shared visits.
Alcohol Sales and Service
When reviewing an application to allow an eating or drinking establishment to sell, serve,
or give away alcohol, Section 20.48.090(G)(3)(c) (Eating and Drinking Establishments –
Standards—On-Sale Alcohol Sales) of the NBMC requires the Planning Commission to
evaluate the potential impacts upon adjacent uses (within 100 feet as measured between
the nearest lot lines) and to consider the proximity to other establishments selling
alcoholic beverages for either off-site or on-site consumption. The adjacent uses are
mixed-use, residential, general commercial, and retail. The draft resolution includes
conditions of approval related to hours of operation, cleanliness and maintenance,
operator responsibility, and responsible alcohol service. All conditions intended to help
minimize negative impacts that the expanded restaurant may have to surrounding
residential uses and ensure that the use remains compatible with the surrounding
community.
Also, in order to approve a use permit for alcohol sales, the Planning Commission must
find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales) of the NBMC. In doing so, the following must be considered:
a) The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
b) The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
c) 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.
d) The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
e) Whether or not the proposed amendment will resolve any current objectionable
conditions.
The draft resolution (Attachment No. PC 1) includes detailed facts to substantiate each of
the above considerations. The Newport Beach Police Department (hereafter “NBPD”)
provided staff a memorandum expressing no objection to the applicant’s request
(Attachment No. PC 3). Should the Planning Commission approve the applicant’s
request, the NBPD has recommended several conditions of approval to regulate and
control potential nuisances that the establishment may create. The NBPD has also
indicated that they would issue an Operator License based on the decision of the Planning
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Commission. These conditions of approval, coupled with the Operator License
requirement, will help prevent alcohol-related problems and minimize the potential effects
on neighboring residents to preserve the health and safety of those in the neighborhood. If
issues do occur, staff and the NBPD will work closely with the operator to address
nuisance issues. Should further enforcement be warranted, the Operator License or the
subject Conditional Use Permit can modified or revoked.
Late-Hour Operations
Pursuant to Section 20.48.090(G)(3)(a) (Eating and Drinking Establishments—Late-Hour
Operations) of the NBMC, the Planning Commission must consider the following potential
impacts upon adjacent or nearby uses when reviewing an application to allow late-hour
operations:
1. Noise from music, dancing, and voices associated with allowed indoor or
outdoor uses and activities;
2. High levels of lighting and illumination;
3. Increased pedestrian and vehicular traffic activity during late and early morning
hours;
4. Increased trash and recycling collection activities;
5. Occupancy loads of the use; and
6. Any other factors that may affect adjacent or nearby uses.
The applicant is not proposing live entertainment or dancing. A condition of approval is
included requiring the exterior doors and windows be closed at all times beginning at 11
p.m., daily, except for the ingress and egress purposes. There is no outdoor dining area
proposed; therefore, significant noise impacts from the interior dining area are not
anticipated.
No new lighting is proposed at this time. The proposed expansion will not necessitate
high levels of lighting or illumination and any outdoor lighting must conform to Section
20.30.070 (Outdoor Lighting) of the NBMC. Should the applicant choose to install any
exterior lighting, a condition is included to potentially require a photometric study prior to
issuance of building permits.
The existing restaurant can operate from 6 a.m. to 1 a.m. and there is no limit on the
hours of operation on the existing grocery operation. The proposed project will reduce the
hours to 6 a.m. to 12:30 a.m., Monday through Thursday, and 6 a.m. to 1:30 a.m., Friday
through Sunday. The expansion is not expected to increase the existing combined
occupant load of the restaurant and the retail sales tenant spaces. As a result, a minimal
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increase to pedestrian and vehicular activity is expected during late and early morning
hours. Should the Planning Commission approve all or any part of the Conditional Use
Permit, the applicant will be required to obtain an Operator License from the NBPD. The
Operator License will provide for enhanced control of noise, loitering, litter, disorderly
conduct, parking/circulation, and other potential disturbances resulting from the
establishment, and will provide the NBPD with means to modify, suspend, or revoke the
operator’s ability to maintain late-hour operations.
A trash enclosure is not currently provided on-site. Instead, all waste and recycling are
taken to the trash area behind 108 22nd Street, which is owned in common with the subject
property. As conditioned, the operator will be required to maintain the trash area such
that odors are controlled appropriately. Should the existing trash area be determined by
the City in the future to be inadequate, the applicant will be required to increase the
frequency of pickups.
Summary and Alternatives
In conclusion, the proposed expansion is consistent with the City’s goals and objectives
for the McFadden Square area and the elimination of an off-sale ABC license is a benefit
to the area. Staff believes the findings for approval can be made and the facts in support of
the required findings are presented in the draft resolution (Attachment No. PC 1). The
following alternatives are available to the Planning Commission should they feel the facts
are not in evidence of support for the project application:
1. The Planning Commission may suggest specific operational changes that are
necessary to alleviate any concerns. If any additional requested changes are
substantial, the item could be continued to a future meeting. Should the Planning
Commission choose to do so, staff will return with 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, staff would recommend a continuance to prepare a resolution
reflecting this course of action.
Environmental Review
Staff recommends that the Planning Commission find that the project is categorically
exempt under Section 15301, of the California Environmental Quality Act (CEQA)
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, under Class 1
(Existing Facilities).
Class 1 exempts projects involving negligible or no expansion of a use including but not
limited to interior or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveyances. The proposed project is limited to interior
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improvements to convert a retail sales use to a restaurant and involves no expansion in
gross floor area.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners 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 NBMC. 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:
JP/bmz
ATTACHMENTS
PC 1 Draft Resolution for Approval
PC 2 Applicant’s Project Description and Justification
PC 3 Police Department Memorandum
PC 4 Reporting District Map
PC 5 Project Plans
01/12/18
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Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO. PC2021-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2020-198, WHICH
SUPERSEDES USE PERMIT NO. UP2005-027 AND OUTDOOR
DINING PERMIT NO. OD2007-002, TO ALLOW THE EXPANSION
OF AN EXISTING RESTAURANT AND AN UPGRADE FROM A
TYPE 41 TO A TYPE 47 ABC LICENSE LOCATED AT 2110 AND
2112 WEST OCEAN FRONT (PA2020-356)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Boardwalk Mexican, LLC / Super Panga (“Applicant”), with
respect to property located at 2110 and 2112 West Ocean Front, and legally described as
Lots 3 and 4 in Block 21 of Newport Beach, in the City of Newport Beach, County of
Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous
Maps, in the Office of the County Recorder of said County (“Property”), requesting approval
of a conditional use permit.
2. The Applicant proposes to remodel and expand an existing restaurant into the adjoining
tenant space, currently occupied by Henry's Groceries. Also included is a request to
upgrade the existing Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage
Control ("ABC") license to a Type 47 (On-Sale General - Eating Place) ABC license. As
part of the project, the existing Type 20 (Off-Sale Beer and Wine) ABC license held by
Henry's Groceries will be eliminated. The proposed expansion will create an enlarged
interior dining area, as well as improved kitchen and restroom facilities. The proposed
hours of operation are from 6 a.m. to 12:30 a.m., Monday through Thursday, and 6 a.m.
to 1 a.m., Friday through Sunday, with customers vacating no later than 30 minutes after
those closing times. There will be no live entertainment or dancing. Pursuant to Chapter
5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site
Consumption in Combination with Late Hours, Entertainment, and/or Dance) of the
Newport Beach Municipal Code (“NBMC”), the operation as described requires the
owner/operator to obtain an operator license with the approval of a conditional use permit
(“Project”).
3. The Property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2)
Coastal Zone District. The present use of the Property is a restaurant in 2110 West Ocean
Front and a market in 2112 West Ocean Front. While the restaurant will be expanding into
the adjoining tenant space thereby removing the market, this is not anticipated to
significantly change the intensity of the existing uses in the Property; therefore, a coastal
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Planning Commission Resolution No. PC2021-011
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01-25-19
development permit is not required. Further, there is no additional parking required as part
of the Project.
5. A telephonic public hearing was held on May 6, 2021 in the Council Chambers at 100 Civic
Center Drive, Newport Beach, observing restrictions 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 public hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
and 21.62 of the 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) 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 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 is limited to interior improvements to convert a retail sales use to an eating and
drinking establishment and involves no expansion in gross floor area.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit Findings
In accordance with Section 20.52.020(F) (Use Permit, 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 General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use category for the Property is Mixed-Use Water 2 (MU-W2). The
MU-W2 designation applies to waterfront properties in which marine-related uses may
be intermixed with general commercial, visitor-serving commercial, and residential
dwelling units on the upper floors. The expanded eating and drinking establishment,
which is the primary occupant of the Property is consistent with this land use category.
Eating and drinking establishment uses are common to this area and complementary to
the surrounding commercial and residential uses.
2. Inasmuch as the Project will not result in an increase in the floor area ratio, the Project is
consistent with the Land Use Element development limitations.
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01-25-19
3. The Project is consistent with General Plan Land Use Policy LU 6.8.2 (Component
Districts), which emphasizes that McFadden Square should be utilized as one of the
primary activity centers within the City. Expansion of the existing eating and drinking
establishment to include a new dining area with accessory bar counter will diversify the
use and provide an additional visitor- and local-serving convenience.
4. Eating and drinking establishments are common to this area along the Balboa Peninsula
and frequented by visitors and residents. The Project is compatible with the land uses
permitted within the surrounding neighborhood. The expanded establishment is
expected to help improve and revitalize the existing building and the surrounding
neighborhood and will serve the residents, businesses and visitors to the area.
5. The Property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is in the Mixed-Use Water (MU-W2) Zoning District. The MU-W2 applies
to waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper
floors. Eating and drinking establishments are allowed in this District subject to the
approval of a use permit.
2. A restaurant has been operating at the Property since at least 1959. The proposed
expansion will diversify the use by creating additional interior dining area, a service bar
counter, and storage area. The bar counter will also allow the existing kitchen to be
expanded, which will improve the food service component.
3. The proposed expansion is not anticipated to change the parking demand significantly.
The McFadden Square area is adequately served by the two (2) adjacent municipal lots
throughout most of the year and the proximity to multiple commercial uses and coastal
resources will result in shared trips to the project site and surrounding area.
4. The existing floor area of the Henry’s Groceries tenant space is approximately 783
square feet, which requires four (4) parking spaces at a rate of one (1) space for every
250 square feet of gross floor area. The existing net public area (i.e., customer area) of
the restaurant is 420 square feet. The Project results in a customer area of
approximately 534 square feet for a net increase of 134 square feet. In accordance with
Sections 20.40.060 (Parking Requirements for Food Service Uses) and 20.28.060(B)(1)
(Change of Use) of the NBMC, staff has considered the operational characteristics and
recommends applying a parking requirement of one (1) parking space for every 40
square feet of customer area. This results in an additional requirement of three (3)
parking spaces for the restaurant. When considering the current Henry’s Groceries four
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(4) required parking spaces, there is no increase needed as this meets the parking
requirement.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The operation of the eating and drinking establishment will be restricted to the hours
between 6 a.m. to 1 a.m., Monday through Thursday, and 6 a.m. to 1:30 a.m., Friday
through Sunday. The closing hours are compatible with other late-night eating and drinking
establishments in the area.
2. An eating and drinking establishment has operated in this location since at least 1959.
3. The Project provides an expanded interior dining area, a service bar counter, an
expanded kitchen, a new storage area, and revamped restroom facilities for patrons.
Live entertainment and dancing are not proposed. The expanded area was previously
occupied by a retail sales tenant.
4. The Project includes conditions of approval to ensure that potential impacts are
minimized to the greatest extent possible. Although the Project is located beneath
residential units, the building is oriented toward the Newport Pier beach area and West
Ocean Front Parking Lot away from the other nearby mixed-use structures. No outdoor
dining is proposed. The Applicant is also required to control trash and litter around the
Property.
5. The operational conditions of approval recommended by the Newport Beach Police
Department (“NBPD”) relative to the sale of alcoholic beverages, including an Operator
License, will help ensure compatibility with the surrounding uses and address alcohol
related impacts. The project has been conditioned to ensure the welfare of the surrounding
community.
6. The Applicant is required to obtain Orange County Health Department approval prior to
opening the expanded area for business, and is further required to comply with the
California Building Code to ensure the safety and welfare of customers and employees
within the establishment.
7. The Property is in a relatively dense area with multiple uses within a short distance of
each other. The McFadden Square area is conducive to a significant number of walk-in
patrons. The area experiences parking shortages in the daytime during the summer
months, but parking is typically available during the rest of the year. Two (2) municipal
parking lots and on-street parking is available in the area to accommodate the Project in
the off-season as well as in the months when demand is higher.
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8. The Project is not expected to noticeably change the parking demand in the McFadden
Square area and Facts in Support of Finding B.3 and B.4 are hereby incorporated by
reference.
Finding:
D. 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 Property is located within an existing mixed-use (i.e., nonresidential) building. The
existing tenant spaces are designed and developed for an eating and drinking
establishment and a retail sales use. The design, size, location, and operating
characteristics of the use are compatible with the surrounding neighborhood. The adjacent
tenant space where the Project will expand into, has generally been used by various
retail sales uses since construction including the current operator, Henry’s Groceries.
The existing floor area of Henry’s Groceries is approximately 783 square feet. The
existing net public area (i.e., customer area) of the restaurant is currently 420 square
feet. The expansion of the restaurant will only result in approximately 534 square foot
increase in customer area for a net increase of 134 square feet.
2. Adequate public and emergency vehicle access, public services, and utilities are already
provided to the Property based upon the existing use. Any additional utilities upgrades
required for the change in occupancy will be required at plan check as a condition of
approval for the Project.
3. The tenant improvements to the Project will comply with all Building, Public Works, and
Fire Codes. All ordinances of the City and all conditions of approval will be complied
with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project has been reviewed and includes conditions of approval to 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 related to the Project that constitute a nuisance in parking areas, sidewalks, and
areas surrounding the Property and adjacent properties during business hours.
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2. The expanded establishment will provide improved dining and service of alcoholic
beverages as a public convenience to the surrounding neighborhood and visitors to the
area. This will help continue to revitalize the project site and provide an economic
opportunity for the Property owner to update the retail tenant and service, which best
serves the quality of life for the surrounding visitor- and local-serving community.
Additionally, the Project will result in the elimination of the Type 20 ABC license currently
held by Henry’s Groceries.
3. Facts in Support of Finding B.3 and B.4 are hereby incorporated by reference.
4. There is no outdoor dining area proposed, which should help eliminate noise concerns.
Alcohol Sales Finding
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission
must make the following finding for approval of a new ABC license:
Finding:
F. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with NBMC Section 20.48.030 of the Zoning
Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is in Reporting District (“RD”) 15, which includes most of the commercial
establishments for the Balboa Peninsula south of Coast Highway and 20th Street. The
NBPD is required to report offenses of Part One Crimes combined with all arrests for
other crimes, both felonies and misdemeanors (except traffic citations) to ABC. Part One
Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report:
criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft,
and arson. RD 15 is considered a higher crime area, as compared to other reporting
districts in the City. The RD 15 crime count is 540, which is 363 percent over the citywide
crime count average of 140. The higher crime rate within this reporting district is largely
due to the number of visitors to the Balboa Peninsula, the high concentration of
restaurants, visitor-serving uses, and the high ratio of nonresidential to residential uses
in RD 15. In comparison, RD 13 (8th Street to 20th Street) is 30 percent over the citywide
average, RD 12 (B Street to 8th Street) is 46 percent below the citywide average, and
RD 16 (37th Street to 54th Street) is 25 percent over the citywide average.
2. While the Project is in an area that has a high concentration of alcohol licenses, staff
feels it is acceptable to allow the proposed expansion of the privileges of the current
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establishment. The expanded privileges would provide enhanced opportunities for
customers and could improve the viability of the business. In addition, the existing Type
20 (Off-Sale Beer and Wine) ABC license held by the current tenant will be removed.
The NBPD does not object to this Project as conditioned and the business would be
required to obtain an Operator License.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 had a higher percentage of alcohol-related crimes in 2020, compared to all
adjacent reporting districts; however, this is to be expected given that this figure includes
driving under the influence, public intoxication, and liquor law violations, and the area is
highly concentrated with commercial establishments. From January 1, 2020, through
December 31, 2020, NBPD reported two (2) Part One Crime incidents and one (1) Part
Two Crime incident. None of the calls received were a result of over-service of alcohol
or neglect in responsibility by the Applicant.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is in a mixed-use zoning district, which allows for residential uses when
intermixed with nonresidential uses. The nearest residential units are located above the
nonresidential tenant space. The existing restaurant and proposed expanded
configuration will be oriented towards the City’s West Ocean Front Parking Lot and there
is no outdoor dining area proposed. As conditioned, all openable windows will close by
11 p.m. The nearest residential district is located approximately 400 feet southeast of
the project site, halfway down Court Avenue. Although not a residential use, there is a
boutique hotel (Doryman’s Inn) immediately across 21st Place, above Rockin’ Baja
Lobster and 21 Oceanfront restaurants. The nearest recreational facilities, the beach
and the Newport Pier, are located approximately 150 feet to the southwest of the
Property. The nearest church, Our Lady of Mount Carmel Church, is located
approximately 0.5 miles to the east of the Property along West Balboa Boulevard. The
nearest school, Newport Elementary School, is located 0.7 miles to the east of the
Property along West Balboa Boulevard. The nearest day care center, Children’s Center
by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The
proposed use is surrounded by other commercial, retail, and office uses on the ground
level.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The location of the Project is in proximity to several establishments with alcohol licenses
on the Balboa Peninsula including the Stag Bar, Rockin’ Baja Lobster, 21 Oceanfront
Restaurant, The Blue Beet, il Farro Restaurant and Baja Sharkeez, among others. All
of these establishments have late-night and early-morning hours, and most are also
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open for breakfast. The RD 15 statistics indicate an over-concentration of alcohol
licenses within this statistical area.
2. The per capita ratio of one (1) license for every 69 residents is higher than all adjacent
census tracts and the average citywide ratio. This is due to the higher concentration of
commercial land uses, many of them visitor-serving, and lower number of residential
properties in the RD 15 area. While the Project is in proximity to other establishments
selling alcoholic beverages, staff believes the physical and operational characteristics
of the proposed establishment would make the continuation of alcoholic beverage sales
appropriate at this location. Staff, including the NBPD, believes the expanded privileges
requested, subject to the included conditions of approval, should not prove detrimental
to the area considering the number and proximity of nearby establishments that serve
alcohol. In addition, the elimination of an existing Type 20 ABC license as a result of this
Project will not result in a net-increase in ABC licenses in the area.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. Approving the Project will allow the existing restaurant to diversify its offerings as a
convenience to its patrons. There are no current objectionable conditions to resolve
through approval of this Conditional Use Permit. The NBPD acknowledges the addition of
liquor to the existing restaurant is a new privilege, however, approval of this Project will
also result in the elimination of the Type 20 (Off-Sale Beer and Wine) ABC license. The
NBPD has no objection to the Project with recommended conditions of approval put in
place.
Additional Considerations
In accordance with Section 20.48.090 (Eating and Drinking Establishments) of the NBMC, the
Planning Commission shall make the following considerations when reviewing an application
to allow an eating or drinking place to sell, serve, or give away alcohol:
i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of
this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses”
shall mean those uses within 100 feet of the proposed use, as measured between the
nearest lot lines;
1. Facts in support of Finding F are hereby incorporated by reference.
ii. Consider the proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption;
1. Facts in support of Finding F.iii are hereby incorporated by reference.
iii. Make the findings in Section 20.48.030(C)(3) (Alcohol Sales—Off-Sale).
1. Facts in support of Finding F.iv are hereby incorporated by reference.
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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) 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. UP2020-198, 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 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 Title 20 (Planning and Zoning) of the NBMC.
4. This resolution supersedes Planning Director’s Use Permit No. UP2005-027 and
Outdoor Dining Permit No. OD2007-002, which upon vesting of the rights authorized by
this Conditional Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MAY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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. Conditional Use Permit No. UP2020-198 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the NBMC, unless an
extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Conditional Use Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or 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 substantial change in operational characteristics, expansion in area, or other
material modification to the approved plans, shall require subsequent review by the
Planning Division and may require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
7. 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.
8. Prior to the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. A copy of this Resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to issuance of building permits, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
Use Permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
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and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
11. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
change from general commercial to restaurant use in accordance with Chapter 15.38 of
the NBMC. The Applicant shall be credited for the reduction in general commercial square
footage and the remaining balance shall be charged or credited to the Applicant.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 6 a.m. and 12:30 a.m., Monday through Thursday, and 6 a.m. to 1:00
a.m., Friday through Sunday. All customers shall vacate the establishment no later than
30 minutes following these closing times.
13. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
14. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
15. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC.
16. A minimum of two (2) on-site parking spaces shall always be made available for the
restaurant’s use. The two (2) parking spaces shall be maintained in an approved
configuration providing on-site parking spaces, as approved by the Building Division and
Public Works Department to meet accessibility requirements, if deemed necessary or
appropriate.
17. Employees shall always park on-site or in the municipal parking lot and shall not park
on residential streets in the neighborhood or in on-site residential parking spaces.
18. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
The Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated. If outdoor lighting is
proposed, the Applicant shall submit a photometric survey as part of the plan check to
verify illumination complies with the Zoning Code standards.
19. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the NBMC. Pre-recorded music may be played in the tenant space,
provided exterior noise levels outlined below are not exceeded. The noise generated by
the proposed use shall comply with the provisions of Chapter 10.26 of the NBMC. The
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maximum noise shall be limited to no more than depicted below for the specified time
period unless the ambient noise level is higher:
Between the hours of Between the hours of
7 a.m. and 10 p.m. 10 p.m. and 7 a.m.
interior exterior interior exterior
Measured at the property line of
commercially zoned property: N/A 65 dBA N/A 60 dBA
Measured at the property line of
residentially zoned property: N/A 60 dBA N/A 50 dBA
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
20. No outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
21. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
22. 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
Department. 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).
23. 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. Graffiti shall be
removed within 48 hours of written notice from the City.
24. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development
Director, and may require an amendment to this Conditional Use Permit.
25. All doors and windows of the facility shall remain closed after 11 p.m., daily, except for the
ingress and egress of patrons and employees.
26. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
27. 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
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without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Super Panga Restaurant including, but not limited to, the Conditional Use
Permit No. UP2020-198 (PA2020-356). 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.
Police Department
28. The operator of the establishment shall secure and maintain an Operator License pursuant
to Chapter 5.25 of the NBMC.
29. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC, 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.
30. A comprehensive security plan for the eating establishment shall be submitted for review
and approval by the Newport Beach Police Department. The procedures included in the
security plan shall be implemented and adhered to for the life of the Conditional Use
Permit.
31. The approval is for the operation of Super Panga, a food service, eating and drinking
establishment with late hours, and on-sale alcoholic beverage service. The type of
alcoholic beverage license issued by the California Board of Alcoholic Beverage Control
shall be a Type 47 (On-Sale General – Eating Place) license in conjunction with the
restaurant as the principal use of the facility.
32. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
33. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
34. There shall be no live entertainment or dancing allowed on the premises.
35. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
36. There shall be no reduced-price alcoholic beverage promotions after 9 p.m.
37. Food service from the regular menu shall be made available to patrons until closing.
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38. “VIP” passes or passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order or the
sale of drinks is prohibited, excluding pre-fixe meals.
39. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
40. The quarterly gross sales of 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 Police Department on demand.
41. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
42. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
43. The Applicant shall maintain a security recording system with a 30-day retention and shall
provide those recordings to the NBPD upon request.
44. There shall be no on-site radio, televisions, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event Permit
issued by the City.
45. A Special Event 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 NBMC to require such
permits.
46. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage Service or
other certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 60 days of the issuance of the
certificate of occupancy. Records of each owner’s, manager’s and employee’s
successful completion of the required certified training program shall be maintained on
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the premises and shall be presented upon request by a representative of the City of
Newport Beach.
47. Strict adherence to maximum occupancy limits is required.
Building Division
48. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. 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. Complete sets of drawings including
architectural, electrical, mechanical, and plumbing plans shall be required at plan check.
49. The building permit drawings shall illustrate compliance with California Building Code
Chapter 11B and path of travel requirements in Section 11B-202.4.
50. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
Public Works Department
51. There shall be no queueing to enter the restaurant within the public right-of-way. All
queueing shall occur on private property and shall not impact the City’s walkway.
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INTENTIONALLY BLANK PAGE32
Attachment No. PC 2
Applicant’s Project Description and
Justification
33
INTENTIONALLY BLANK PAGE34
Planning Permit Application
ATTACHMENTS
3) Project Description and Justification:
This project continues the improvement and rehabilitation efforts currently underway at
the 2110 W. Oceanfront building in McFadden Square. This property is one of several
properties in the area owned by Mario Marovic. Over the past several years, Mr. Marovic
and his business partner Andrew Gabriel have invested millions of dollars in an effort to
help revitalize the properties in McFadden Square. In addition to the vast financial
investments they have made, Mr. Marovic and Mr. Gabriel have also sacrificed their
personal time and resources to improve the area by founding Newport Beach’s “Bar and
Tavern Association.” The Bar and Tavern Association was founded to work with city staff,
residents and bar owners on areas that impact the Balboa Peninsula.
This particular project removes the existing Henry’s Liquor Store and upgrades and
transforms the restaurant space formerly occupied by Spaccio Italiano and replaces it
with a new “gourmet casual dining” Mexican restaurant, which will focus on quality food
and authentic tacos. The new restaurant will be called Super Panga. The former
restaurant owner experienced financial difficulty during the recent Covid-19 global
pandemic. As the owner of the building, Mr. Marovic and Mr. Gabriel were asked by the
former owner to purchase his restaurant so that he would not suffer a complete financial
loss. After careful and studied review, Mr. Marovic and Mr. Gabriel found the existing
Italian restaurant business model to be unsustainable due to: cost of employees, low
margins, and limited storage/kitchen space. The proposed components of the project are
to expand the existing restaurant space (by approximately 466 sq. ft. of net public area)
into the adjacent Henry’s Liquor Store and convert the existing ABC license type from an
ABC Type 41 License into an ABC Type 47 License. Although the total net public area
for the restaurant would only increase a very small amount by 114 sq. ft. because the
majority of the net public area that existed at Spaccio Italiano is being converted to back
of house/kitchen uses. Additionally, this project would eliminate the existing Henry’s
Liquor Store in its entirety and remove an ABC licensed premise from the Peninsula.
Currently, the owners have limited space that is confined to the area behind the existing
service counter. The expansion into the adjacent liquor store will be utilized for much
needed storage space and a countertop/bar area with seating for customers who wish to
dine at their establishment. Specially, the expanded area will allow for new customer
dining areas. In addition, the new area will allow more space for their employees to better
serve Super Panga’s customers and avoid the cramped confines the existing
establishment offers.
35
Below is a partial list of benefits that the City will gain by an approval of this project:
Elimination of Henry’s Liquor Store: The owners of Super Panga are purchasing
Henry’s Liquor Store, at considerable expense, and putting it out of business. This
eliminates an existing eye sore and removes a liquor store and ABC license from the
community.
Conditional Use Permit: An approval of this project will require a Conditional Use Permit
which results in additional conditions placed upon the property in a manner that satisfies
the City.
Gourmet Casual Dining: Currently, there is a lack of gourmet casual dining
establishments in the area and we believe it will be a major benefit to the residents and
visitors. Super Panga will include the following:
• Serve breakfast, lunch and dinner.
• Provide table service during peak hours.
• Provide an expanded menu from what it currently offers to promote food sales.
Existing Operators: Mr. Marovic and Mr. Gabriel have a proven track record of being
good operators in the City. By approving this project, they will be able to revitalize an
existing vacant space and transform it into a new asset for the community.
Residential Impact (noise): Due to the location of this project, residents will not be
impacted by the project.
Support of Neighboring Business: The neighboring businesses are in favor of this
project and all that Mr. Marovic and Mr. Gabriel have done to invest in McFadden Square.
No Increase in Hours: The existing Director’s Use Permit limits the daily hours of
operation to between 6:00 a.m. and 1:00 a.m. daily. The owners are not seeking to
expand upon these hours.
36
Attachment No. PC 3
Police Department Memorandum
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40
41
42
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Attachment No. PC 4
Reporting District Map
47
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Feet
Every reasonable effort has been made to assure the accuracy of the
data provided, however, The City of Newport Beach and its
employees and agents disclaim any and all responsibility from or
relating to any results obtained in its use.
Disclaimer:
4/29/2021
0 2,0001,000
49
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Attachment No. PC 5
Project Plans
51
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18" x 60"8" x 6018" x 48"8" x 418" x 60"8" x 6018" x 48"8" x 418" x 60"8" x 6018" x 60"8" x 60 18" x 60"8" x 60
18" x 36"" x 3
18" x 48"8"x4x 484484884442154/5T/8021545T/8
COOLER
102
F8
COOKLINEL
101
F12
F4
R1
F13
SS2
SS3
F10F11
E1
E1
WW1
4'-6"
WW2
F9
F5
F3
IN ATTICABOVESODA
18361833F47
F46
F15
F16
F17
SS4
F18
F19 F20
F22
F23
F24
F25
F7
F6
COUNTER TOP@ +34"
PASS COUNTER@ +42"
COUNTER TOP@ +36"
TOP OF SNEEZEGUARD@ +67"
SS1
HSHHHH@ +ERNT+3
F34 F33 F32 F31 F9 4'-2"F30F35F9F36F37
SS9
SS5
SS6
SS7
F38F39
SS10
F43
F40
F42
R
ICEEIICIICICCCC R2
F45
F44
F48
27"x48"(4)27"x48"(4)27"x48"(4)
27"x48"(4)
27"x27"
(2)
27"x48"(4)
27"x27"
(2)
27"x48"(4)
F42
F5
E1
SS8
S
HS
SS11
SS12
SS11
13'-3"6'-6" sneeze guardguaruu6ZEEEEEEE +67" from F.F.715'-5" snneze guard e m
3'-0"sneeze guardseuezeSCALE:
=1'-0"K1EQUIPMENT FLOOR PLAN 11/4
EQUIPMENT
FLOOR
PLAN
T R U ENORTH
N O R T H
P L A N
3198-G AIRPORT LOOP DR.COSTA MESA, CA 92626PHONE: (714) 979-8385
FAX: (714) 979-6430WWW.HATCHDESIGN.COM
JOB NO. LGR84SUPER PANGA2110 WEST OCEAN FRONTNEWPORT BEACH, CA. 92661The Drawings, Specifications, and other Documentsprepared by HDG herein are HDG's Instruments ofService. The Instruments of Service are speciallydesigned by HDG for this Project and are intended foruse by Client solely with respect with this Project. HDGis the author of the Instruments of Service and, unless
otherwise provided by HDG, HDG shall retain all
common law, statutory, and other rights in the
Instruments of Service, including any and all
copyrights.
GENERAL NOTESAny errors, omissions, and ambiguities in Drawingsand Specifications shall be reported to HDG forimmediate remedy. Contractor and manufacturer shallhold HDG in indemnity for any and all errors,omissions, or ambiguities which should have been
discovered during the design process.
MANUFACTURERS
The Drawings and Specifications herein are submitted
only as a guide for the manufacturer. All verification is
the obligation of the manufacturer and will notwarrant additional compensation for re-fabrication orrepair due to deviations from actual measurements. Itis the responsibility of the manufacturer to fabricateintended design in accordance with accepted goodpractice and to inform HDG if Drawings orSpecifications are not practical or structurally sound.
Proper safety and construction is the responsibility of
the manufacturer.
CONSULTANTS
HDG is not a licensed architecture or engineering firm
and does not purport to be architects or engineers. Allinformation shown herein is derived from availablearchitectural information. Physical verification is theresponsibility of the architect. HDG accepts noresponsibility for any modifications or alterationsmade to Drawings and Specifications by another partyregardless of changes made to accommodatenecessary local building codes, ordinances, structural
conditions, or changes in equipment.
02/24/2021 - BID SET
03/10/2021 CONSTRUCTION REVISIONThis plan for kitchen andback-of-house only. Referto designer plans for
seating layout.
PA2020-356 Attachment No. PC 5 - Project Plans
53
PA2020-356 Attachment No. PC 5 - Project Plans
54
Refer to Kitchen
Equipment PlanK-1.
SERVICEBAR
PA2020-356 Attachment No. PC 5 - Project Plans
55
PA2020-356 Attachment No. PC 5 - Project Plans
56
1Rodriguez, ClarivelSubject:FW: Support for Super Panga RestaurantFrom: Marie Case <marie@case‐comm.com> Sent: Tuesday, May 4, 2021 12:05 PM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: Support for Super Panga Restaurant [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I am writing in support of the Panga Restaurant item on this week’s Planning Commission agenda. The owner Mario Marovic and his group are reputable citizens who contribute much in terms of time and dollars to our community. I have been involved with Mario and his restaurants through the media and many, many other community organizations and events. I have the utmost respect for him and his business acumen and, also, for the way he has maintained the character of our City by making only cosmetic changes to his businesses. The other establishments surrounding this particular location that he owns have been ‘cleaned up’, revived and turned back into viable contributing businesses. Removing the liquor store and expanding an existing restaurant will benefit the community greatly. I feel confident that this addition to the line up on that block will elevate the ‘look’ of that section of our City. Thank you so much for your consideration. Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
3Marie Case Case Communications 949.721.8422 Mobile 714.745.8177 marie@case‐comm.com Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Micah Schiesel
To:Planning Commissioners
Subject:Support Of Super Panga"s Expansion
Date:Tuesday, May 4, 2021 12:51:35 PM
Attachments:Outlook-xmkgk3su.png
Petition (1).docx
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Good afternoon, as a long time Newport Beach resident I would like to voice my strong
support of the planned Super Panga expansion. I believe this is on Thursday's agenda. Thank
you for your time.and consideration.
-
Best regards,
Micah Schiesel
cell: 949.331.8124 | email: micahs@loungegroup.com | web:www.loungegroup.com
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
PETITION
I strongly support Super Pagna’s request to renovate and expand the existing
restaurant space at 2110 and 2112 W. Ocean Front for the following reasons:
• The renovation will revamp a dilapidated space and continue the
landowner’s progress on a multi-year revitalization of McFadden Square.
• It will also eliminate an existing liquor store and replace it with a family
friendly restaurant that is more suitable for the community.
• The expanded area will provide for a bigger kitchen, needed storage place
and more seating for customers to enjoy the restaurant’s food.
• It promotes a business-friendly atmosphere that encourages and allows a
restaurant to succeed in the city of Newport Beach. This is especially
important after restaurant industry was devastated by the impacts of
COVID-19.
• The owners understand the community and have a proven track record of
operating successful restaurants.
For all of these reasons, and others I respectfully request that the city approve
Super Pagna’s Conditional Use Permit!
Name:
Address: City:
Signature:
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Michael Cesarini
To:Planning Commissioners
Subject:RE: Super Panga Taqueria
Date:Tuesday, May 4, 2021 1:18:16 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To whom this may concern:
I would like to pledge my loyalty and support for Mario Marovic and his expansion/build for the future planned
Super Panga Taqueria.
I’m a loyal long term customer of Mario’s and I’ve frequented Mario’s additional restaurants in Orange County
countless times.
The expansion of Super Penga Taqueria and tear down of the liquor store will be an extremely positive impact for
all of us Newport Beach residents.
Please feel free to reach out to me for any further questions or comments.
Respectfully,
Michael Cesarini
michaelcesarini@gmail.com
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Steve Rosansky
To:Planning Commissioners
Cc:Campbell, Jim; Brown, Leilani
Subject:FW: SUPER PANGA RESTAURANT (PA2020-356)
Date:Tuesday, May 4, 2021 3:18:24 PM
Attachments:image002.pngSuper Panga Support Letter.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chair Weigand and Fellow Commissioners:
Attached is a letter in support of the application made by Super Panga Restaurant which you will be
considering at this Thursday’s meeting.
Warm regards,
Steve
Steve Rosansky
President and C.E.O.
Newport Beach Chamber of Commerce
The Business and Community Resource
______________________________________
4343 Von Karman Ave., Ste. 150-WNewport Beach, CA 92660
PH: (949) 729-4404
FX: (949) 729-4417
www.NewportBeach.com
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
Click to sign up for eMail updates
or text NEWPORTCHAMBER to 42828
You have received this message from the Newport Beach Chamber of Commerce (NBCC). It has been sent to you individually from the sender as a
result of you voluntarily submitting your e-mail address for use in the course of business with us. Please don’t report this message as SPAM. If you donot want to receive e-mail from the NBCC, please let us know by replying to this message, or by calling us at the number below. The NBCC does NOTever send Unsolicited Commercial E-Mail (UCE). Newport Beach Chamber of Commerce – 4343 Von Karman Ave., Ste. 150-W, Newport Beach,CA 92660 – (949) 729-4400
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:travis@travisazevedo.com
To:Planning Commissioners
Cc:"Travis Azevedo"
Subject:Re: Super Panga Taqueria
Date:Tuesday, May 4, 2021 3:42:59 PM
Attachments:image001.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Planning Division of Newport Beach,
I am writing to express my appreciation on the many improvements that Mario and his Lounge Group
have done in my neighborhood. I have lived on Oceanfront between Blackie’s and Mutt Lynch’s for over eight years, and I
have been witness to Mario and his Lounge Group’s hard work with cleaning up the neighborhood and improving buildings.
Myself and many other locals are all looking forward to having Super Panga Taqueria open soon, as Mario is known for
creating clean, well-run businesses in our area. This restaurant is something the neighborhood can use, and the partial
removal of the liquor store is another benefit for our local community members.
We fully support the hard work and business practices that Mario and his Lounge Group bring to the area! We need
more responsible owners like him. Thank you for your time.
Respectfully,
Travis Azevedo | Owner / Broker
| A2Z Homes BRE LIC # 01960042
| mobile: 949.734.9606| email: travis@travisazevedo.com
Planning Commission - May 6, 2021 Item No. 2a - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Matt Clemo
To:Planning Commissioners
Subject:Super Panga Taqueria Support
Date:Wednesday, May 5, 2021 9:11:05 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To Whom it may concern:
I am writing in support of the proposed opening of the Super Panga Taqueria. I believe this
Restuarant will have a positive impact on the community and area. By removing the existingliquor store, and replacing it with a family friendly eatery we will be moving in a better
direction for our community.
Beat,Matt
Matt Clemo
Epic Insurance Brokers
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:John Von Der Ahe
To:Planning Commissioners
Subject:[SUSPECT URL]Super Panga Taqueria
Date:Wednesday, May 5, 2021 9:16:27 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To Whom It May Concern,
I am writing this email in favor of removing the existing liquor store and making way of expanding
the space as it will be a positive impact not only for Blackies area but for Newport Beach as a whole.
As a resident of Newport, I frequent Blackies area (Dori Deli, Mutts, Stag as well as surfing at 24th
street) often and truly believe that the Blackies area has cleaned up over the past 5 or so years. As
it continues to regentrify, it will attract the “right” crowd to our wonderful city.
I am happy to discuss this further if you would like but hope you will allow this change to happen as
these changes are making our city better. Thank you.
John
John Von Der Ahe, CWCASenior AdvisorBowermaster and Associates Insurance Agencyo: 888.825.4322 d: 714.733.6258 m: 949.400.1047e: jvonderahe@bowermaster.com w: www.bowermaster.comReal People. Real Resources. Real Results.CA License No. 0D79613
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If youare not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intendedrecipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution orcopying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify me immediately by reply e-mail and then delete this message, including any attachments.
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Herb Cohen
To:Planning Commissioners
Subject:Super Panga
Date:Wednesday, May 5, 2021 9:35:13 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To whom it may concern,
First off I am very excited to see Super Panga opening shortly. As a local Newport Beach resident I am a true
believer of positive change. It’s time to revitalize some landmarks with new and exciting establishments. With the
expanding next door into the liquor store this will be an another wonderful opportunity for people to have a new and
fun place to enjoy with family and friends.
Looking forward to seeing it all come together.
Sincerely,
Herb
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Carey Ransom
To:Planning Commissioners
Subject:letter in support of Super Panga Taqueria
Date:Wednesday, May 5, 2021 9:37:24 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Commissioners,
I'm a long-time Newport Beach resident and frequent visitor to the Newport Pier area. I'vebeen so impressed with the improvements to the area in the past few years, and am excited to
see the new Super Panga restaurant joining it as well. Dory Deli has been such a greatenhancement in the last few years, as one example, and I'm fully supportive of Super Panga as
a complementary restaurant option for residents and visitors. Please continue to support ourlocal entrepreneurs who are investing in our community and providing continued
enhancements to our quality of life here.
Please let me know if I can be of further assistance.
Best regards,Carey Ransom
Newport Beach/Newport Shores neighborhood resident
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Elizabeth Walker
To:Planning Commissioners
Subject:Super Panga
Date:Wednesday, May 5, 2021 9:44:05 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Elizabeth Walker and I am a resident in the City of Newport Beach. I have lived
in the City of Newport Beach for the past 10 years.
I am writing in regards to the upcoming planning commission meeting in support of therestaurant, Super Pagna. I am unsure if I will be available to attend, so I am writing to ensuremy voice is heard…
I am looking forward to the Super Pagna project because it will have a direct impact on me. I
purposely moved near the Balboa Peninsula area to be in a safe place that provides differentestablishments which offers food, drinks and entertainment.
I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,but also caters to a more refined clientele. The fact that this location attracts that type ofdemographic is a direct benefit to our community. I believe the expansion with a Type 47license will continue to draw more young professionals like myself, to our wonderfulcommunity.
Also, the expansion into the building next door will be a major improvement because it willgive the business more kitchen space, storage place and seats for customers to enjoy.
I hope the commission will support this project!
Thank you.
Elizabeth Walker
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Noelle Perrin
To:Planning Commissioners
Subject:Super Panga Taqueria
Date:Wednesday, May 5, 2021 10:51:23 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
I am writing to convey my opinion that the expansion of panga will be a positive impact to the neighborhood vs. the
current liquor store. It also would be an amazing spot for all our junior guards to go to after their session.
Our families would like to see another awesome restaurant we can frequent vs alternative.
Thank you so much,
Noelle Perrin
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Courtney Norton
To:Planning Commissioners
Subject:Super Panga Taqueria Expansion
Date:Wednesday, May 5, 2021 10:54:20 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To the Planning Commission,
Hello! I wanted to write to convey my support of Super Panga Taqueria expanding into the adjacent existing liquor
store. I am a lifelong Newport Beach resident, have gone to school from Mariners Elementary through Newport
Harbor (as has my husband), we are so happy to be raising our own family in Newport. We are thrilled with the new
revival of the peninsula and wonderful people creating family friendly, safe places for us to spend our time. Newport
is changing, with an increased homeless population, we feel that this expansion will create a family friendly
alternative to the liquor store. My children have been in the junior guards program for the past 5 years and the more
wonderful, family friendly restaurants for us to frequent the better! Please consider this plan and know we are in
full support of this expansion.
Thank you for your time,
Courtney Norton
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Amy von Der ahe
To:Planning Commissioners
Subject:Panga Taqueria
Date:Wednesday, May 5, 2021 11:02:11 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear Planning Commission,
I just wanted to send a quick request that you consider the expansion of the Panga Taqueria down at the pier. Our
family frequents the pier and it’s restraints and businesses. We love all the choices we have when looking for places
to dine or just hangout with our kids that is family friendly and still offers good food and service. I know the new
taqueria will provide that. The pier, that attracts so many families and kids like ours, doesn’t need a liquor store or
another over 21 establishment. Another easy, casual dining restaurant that welcomes families and kids is the perfect
fit down there. I hope you consider passing their proposal. I truly think it will be great for the area.
Thank you for your time.
Sincerely,
Amy Von Der Ahe
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Gavin Guy
To:Planning Commissioners
Subject:Super panga
Date:Wednesday, May 5, 2021 12:50:46 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear planning commissioners,
My name is Gavin guy. I am 13 years old 7th grade at ensign school. I also enjoy the beach and playing sports. I
am also a junior guard and if to open super panga up I would love to get some tacos after some days at the beach this
summer. I’m excited for super panga and looking forward to a clean, nice, and safe restaurant.
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Spencer’s Cards
To:Planning Commissioners
Subject:Super panga
Date:Wednesday, May 5, 2021 1:26:35 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear planning commission,
My name is Spencer Parsons. I am 15 years old, turning 16 in a month. I go to Newport harbor. I’ve lived here my
whole life. I’ve spent lots of time by Newport Pier eating, surfing and at the beach. Super Panga seems like a super
interesting and unique restaurant that will bring a very cool vibe down to Newport pier. As we all know, the
homeless situation by the pier has gotten terrible. Last week, on my ride to the beach, I saw paramedics helping a
homeless man who looked to be having a overdose or something similar in the parking lot. We need more buisness
owners like Andrew and Mario to bring in places that are safe and clean for us locals and tourists. Expanding into
the liquor store will really help with that mess . This summer, I am planning on applying for a job at Super Panga. It
will be my first job. I think it’s great for the community and city of Newport Beach.
Thanks,
Spencer Parsons
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Rush Hill
To:Planning Commissioners
Subject:Super Panga Restaurant, May 6, 2021 Planning Commission Meeting Item #2
Date:Wednesday, May 5, 2021 3:03:43 PM
Attachments:clip_image001.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Greetings to the Members of the Newport Beach Planning Commission:
Agenda Item 2 on your May 6, 2021 meeting is a request for a conditional use permit to
expand an existing restaurant into an adjacent market, eliminating the market and providing better kitchen, ADA restrooms and seating area for the renewed restaurant. This note is to
encourage your approval of the request.
As a neighboring property owner (115 22nd St. and 2201, 2203, 2205 & 2207 W. Balboa
Blvd.) of a mixed-use site, my tenants and I are always anxious to see an improvement in our neighborhood that can be enjoyed by our residential and office tenants as well as the public.
This particular project will provide improved public facilities and will be operated by a known and trusted operator that is also a local land and building owner vested in improving the area.
The staff report provides a good and proper review of the possible impacts of the proposed building changers that will eliminate one liquor license while providing improved dining
opportunities in the restaurant. Like the neighboring Dory Deli (although a completely different theme and menu) it will surely become a casual, fun and desired dinning venue for
those that live, work or visit McFadden Square and the Newport Pier area.
Please accept the staff report and approve this CUP request.
My best wishes – and thank you for your service to the city.
Rush Hill
Owner, The Forgit Building
115 22nd. Street
Newport Beach, CA 92663
949/939-2570
May 5, 2021
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Natalie Pickup
To:Planning Commissioners
Subject:Super Panga Taqueria
Date:Wednesday, May 5, 2021 4:47:16 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To Whom it May Concern -
I am a resident of Newport Beach and I am very much in favor of expanding the Super Panga Taqueria. It will
enhance the area and be a great benefit to our local residents, families as well as visitors to our city and beaches.
Thank you,
Natalie Pickup
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2b - Additional Materials Received Super Panga Restaurant (PA2020-356)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Joselyn Perez, Assistant Planner
Date: May 5, 2021
Re: Item No. 2 – Super Panga Restaurant (PA2020-356)
Outdoor Dining Memorandum and Updated Project Materials
The applicant has requested to amend their application to include an outdoor
dining area that was previously authorized through Accessory Outdoor Dining
Permit No. OD2007-002 (PA2007-069).
The proposed outdoor dining area is located within the public right-of-way along
West Ocean Front and measures approximately 30 square feet in area. The total
outdoor dining area is less than 25% of the indoor net public area of the restaurant
and does not require additional parking. There is no alcohol service proposed in
the outdoor dining area.
The revised project description and revised plans (attached) were reviewed by the
Newport Beach Police Department and the Public Works Department and no
concerns were raised. As a result, staff recommends including and authorizing the
small patio area.
The draft resolution has been revised to include relevant conditions of approval
from OD2007-002 that ensure the outdoor dining area is compatible with the
surrounding neighborhood and will not become a nuisance.
Attachments:
Revised Project Description
Revised Plans
Revised Draft Resolution
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
INTENTIONALLY BLANK PAGE
Planning Permit Application
ATTACHMENTS
3) Project Description and Justification:
This project continues the improvement and rehabilitation efforts currently underway at
the 2110 W. Oceanfront building in McFadden Square. This property is one of several
properties in the area owned by Mario Marovic. Over the past several years, Mr. Marovic
and his business partner Andrew Gabriel have invested millions of dollars in an effort to
help revitalize the properties in McFadden Square. In addition to the vast financial
investments they have made, Mr. Marovic and Mr. Gabriel have also sacrificed their
personal time and resources to improve the area by founding Newport Beach’s “Bar and
Tavern Association.” The Bar and Tavern Association was founded to work with city staff,
residents and bar owners on areas that impact the Balboa Peninsula.
This particular project removes the existing Henry’s Liquor Store and upgrades and
transforms the restaurant space formerly occupied by Spaccio Italiano and replaces it
with a new “gourmet casual dining” Mexican restaurant, which will focus on quality food
and authentic tacos. The new restaurant will be called Super Panga. The former
restaurant owner experienced financial difficulty during the recent Covid-19 global
pandemic. As the owner of the building, Mr. Marovic and Mr. Gabriel were asked by the
former owner to purchase his restaurant so that he would not suffer a complete financial
loss. After careful and studied review, Mr. Marovic and Mr. Gabriel found the existing
Italian restaurant business model to be unsustainable due to: cost of employees, low
margins, and limited storage/kitchen space. The proposed components of the project are
to expand the existing restaurant space (by approximately 466 sq. ft. of net public area)
into the adjacent Henry’s Liquor Store and convert the existing ABC license type from an
ABC Type 41 License into an ABC Type 47 License. This project maintains the small 36”
by 104” outdoor dining area that was approved in 2007 by Accessory Outdoor Permit No.
OD2007-002. Alcoholic beverage service is prohibited in the outdoor dining area.
Although the total net public area for the restaurant would only increase a very small
amount by 114 sq. ft. because the majority of the net public area that existed at Spaccio
Italiano is being converted to back of house/kitchen uses. Additionally, this project would
eliminate the existing Henry’s Liquor Store in its entirety and remove an ABC licensed
premise from the Peninsula.
Currently, the owners have limited space that is confined to the area behind the existing
service counter. The expansion into the adjacent liquor store will be utilized for much
needed storage space and a countertop/bar area with seating for customers who wish to
dine at their establishment. Specially, the expanded area will allow for new customer
dining areas. In addition, the new area will allow more space for their employees to better
serve Super Panga’s customers and avoid the cramped confines the existing
establishment offers.
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Below is a partial list of benefits that the City will gain by an approval of this project:
Elimination of Henry’s Liquor Store: The owners of Super Panga are purchasing
Henry’s Liquor Store, at considerable expense, and putting it out of business. This
eliminates an existing eye sore and removes a liquor store and ABC license from the
community.
Conditional Use Permit: An approval of this project will require a Conditional Use Permit
which results in additional conditions placed upon the property in a manner that satisfies
the City.
Gourmet Casual Dining: Currently, there is a lack of gourmet casual dining
establishments in the area and we believe it will be a major benefit to the residents and
visitors. Super Panga will include the following:
• Serve breakfast, lunch and dinner.
• Provide table service during peak hours.
• Provide an expanded menu from what it currently offers to promote food sales.
Existing Operators: Mr. Marovic and Mr. Gabriel have a proven track record of being
good operators in the City. By approving this project, they will be able to revitalize an
existing vacant space and transform it into a new asset for the community.
Residential Impact (noise): Due to the location of this project, residents will not be
impacted by the project.
Outdoor Dining: This project maintains the small outdoor dining area that was approved
in 2007 by Accessory Outdoor Permit No. OD2007-002. The area is 36” by 104”.
Alcoholic beverage service is prohibited in this outdoor dining area.
Support of Neighboring Business: The neighboring businesses are in favor of this
project and all that Mr. Marovic and Mr. Gabriel have done to invest in McFadden Square.
No Increase in Hours: The existing Director’s Use Permit limits the daily hours of
operation to between 6:00 a.m. and 1:00 a.m. daily. The owners are not seeking to
expand upon these hours.
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Item No. 2c - Additional Material Received From StaffSuper Panga Restaurant (PA2020-356)
INTENTIONALLY BLANK PAGE
RESOLUTION NO. PC2021-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2020-198, WHICH
SUPERSEDES USE PERMIT NO. UP2005-027 AND OUTDOOR
DINING PERMIT NO. OD2007-002, TO ALLOW THE EXPANSION
OF AN EXISTING RESTAURANT AND AN UPGRADE FROM A
TYPE 41 TO A TYPE 47 ABC LICENSE LOCATED AT 2110 AND
2112 WEST OCEAN FRONT (PA2020-356)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Boardwalk Mexican, LLC / Super Panga (“Applicant”), with
respect to property located at 2110 and 2112 West Ocean Front, and legally described as
Lots 3 and 4 in Block 21 of Newport Beach, in the City of Newport Beach, County of
Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous
Maps, in the Office of the County Recorder of said County (“Property”), requesting approval
of a conditional use permit.
2. The Applicant proposes to remodel and expand an existing restaurant into the adjoining
tenant space, currently occupied by Henry's Groceries. Also included is a request to
upgrade the existing Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage
Control ("ABC") license to a Type 47 (On-Sale General - Eating Place) ABC license. As
part of the project, the existing Type 20 (Off-Sale Beer and Wine) ABC license held by
Henry's Groceries will be eliminated. The proposed expansion will create an enlarged
interior dining area, as well as improved kitchen and restroom facilities. The proposed
hours of operation are from 6 a.m. to 12:30 a.m., Monday through Thursday, and 6 a.m.
to 1 a.m., Friday through Sunday, with customers vacating no later than 30 minutes after
those closing times. There will be no live entertainment or dancing. Pursuant to Chapter
5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site
Consumption in Combination with Late Hours, Entertainment, and/or Dance) of the
Newport Beach Municipal Code (“NBMC”), the operation as described requires the
owner/operator to obtain an operator license with the approval of a conditional use permit
(“Project”).
3. The Property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2)
Coastal Zone District. The present use of the Property is a restaurant in 2110 West Ocean
Front and a market in 2112 West Ocean Front. While the restaurant will be expanding into
the adjoining tenant space thereby removing the market, this is not anticipated to
significantly change the intensity of the existing uses in the Property; therefore, a coastal
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development permit is not required. Further, there is no additional parking required as part
of the Project.
5. A telephonic public hearing was held on May 6, 2021 in the Council Chambers at 100 Civic
Center Drive, Newport Beach, observing restrictions 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 public hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
and 21.62 of the 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) 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 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 is limited to interior improvements to convert a retail sales use to an eating and
drinking establishment and involves no expansion in gross floor area.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit Findings
In accordance with Section 20.52.020(F) (Use Permit, 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 General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use category for the Property is Mixed-Use Water 2 (MU-W2). The
MU-W2 designation applies to waterfront properties in which marine-related uses may
be intermixed with general commercial, visitor-serving commercial, and residential
dwelling units on the upper floors. The expanded eating and drinking establishment,
which is the primary occupant of the Property is consistent with this land use category.
Eating and drinking establishment uses are common to this area and complementary to
the surrounding commercial and residential uses.
2. Inasmuch as the Project will not result in an increase in the floor area ratio, the Project is
consistent with the Land Use Element development limitations.
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3. The Project is consistent with General Plan Land Use Policy LU 6.8.2 (Component
Districts), which emphasizes that McFadden Square should be utilized as one of the
primary activity centers within the City. Expansion of the existing eating and drinking
establishment to include a new dining area with accessory bar counter will diversify the
use and provide an additional visitor- and local-serving convenience.
4. Eating and drinking establishments are common to this area along the Balboa Peninsula
and frequented by visitors and residents. The Project is compatible with the land uses
permitted within the surrounding neighborhood. The expanded establishment is
expected to help improve and revitalize the existing building and the surrounding
neighborhood and will serve the residents, businesses and visitors to the area.
5. The Property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is in the Mixed-Use Water (MU-W2) Zoning District. The MU-W2 applies
to waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper
floors. Eating and drinking establishments are allowed in this District subject to the
approval of a use permit.
2. A restaurant has been operating at the Property since at least 1959 with outdoor dining
beginning in 2007 with the approval of Accessory Outdoor Dining Permit No. OD2007-
002 (PA2007-069). The proposed expansion will diversify the use by creating additional
interior dining area, a service bar counter, and storage area. The bar counter will also
allow the existing kitchen to be expanded, which will improve the food service
component.
3. The proposed expansion is not anticipated to change the parking demand significantly.
The McFadden Square area is adequately served by the two (2) adjacent municipal lots
throughout most of the year and the proximity to multiple commercial uses and coastal
resources will result in shared trips to the project site and surrounding area.
4. The existing floor area of the Henry’s Groceries tenant space is approximately 783
square feet, which requires four (4) parking spaces at a rate of one (1) space for every
250 square feet of gross floor area. The existing net public area (i.e., customer area) of
the restaurant is 420 square feet. The Project results in a customer area of
approximately 534 square feet for a net increase of 134 square feet. The outdoor dining
area is not included in the net public area and parking calculation as the outdoor dining
is less than 25percent% of the interior net public area (NBMC Section 20.40.040 Table
3-10). In accordance with Sections 20.40.060 (Parking Requirements for Food Service
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Uses) and 20.28.060(B)(1) (Change of Use) of the NBMC, staff has considered the
operational characteristics and recommends applying a parking requirement of one (1)
parking space for every 40 square feet of customer area. This results in an additional
requirement of three (3) parking spaces for the restaurant. When considering the current
Henry’s Groceries four (4) required parking spaces, there is no increase needed as this
meets the parking requirement.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The operation of the eating and drinking establishment will be restricted to the hours
between 6 a.m. to 1 a.m., Monday through Thursday, and 6 a.m. to 1:30 a.m., Friday
through Sunday with outdoor dining ceasing at 10 p.m. The closing hours are compatible
with other late-night eating and drinking establishments in the area.
2. An eating and drinking establishment has operated in this location since at least 1959.
3. The Project provides an expanded interior dining area, a service bar counter, an
expanded kitchen, a new storage area, a small outdoor dining area, and revamped
restroom facilities for patrons. Live entertainment and dancing are not proposed. The
expanded area was previously occupied by a retail sales tenant.
4. The Project includes conditions of approval to ensure that potential impacts are
minimized to the greatest extent possible. Although the Project is located beneath
residential units, the building is oriented toward the Newport Pier beach area and West
Ocean Front Parking Lot away from the other nearby mixed-use structures. The
Applicant is also required to control trash and litter around the Property.
5. The operational conditions of approval recommended by the Newport Beach Police
Department (“NBPD”) relative to the sale of alcoholic beverages, including an Operator
License, will help ensure compatibility with the surrounding uses and address alcohol
related impacts. The project has been conditioned to ensure the welfare of the surrounding
community.
6. The Applicant is required to obtain Orange County Health Department approval prior to
opening the expanded area for business and is further required to comply with the
California Building Code to ensure the safety and welfare of customers and employees
within the establishment.
7. The Property is in a relatively dense area with multiple uses within a short distance of
each other. The McFadden Square area is conducive to a significant number of walk-in
patrons. The area experiences parking shortages in the daytime during the summer
months, but parking is typically available during the rest of the year. Two (2) municipal
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parking lots and on-street parking is available in the area to accommodate the Project in
the off-season as well as in the months when demand is higher.
8. The Project is not expected to noticeably change the parking demand in the McFadden
Square area and Facts in Support of Finding B.3 and B.4 are hereby incorporated by
reference.
Finding:
D. 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 Property is located within an existing mixed-use (i.e., nonresidential) building. The
existing tenant spaces are designed and developed for an eating and drinking
establishment and a retail sales use. The design, size, location, and operating
characteristics of the use are compatible with the surrounding neighborhood. The adjacent
tenant space where the Project will expand into, has generally been used by various
retail sales uses since construction including the current operator, Henry’s Groceries.
The existing floor area of Henry’s Groceries is approximately 783 square feet. The
existing net public area (i.e., customer area) of the restaurant is currently 420 square
feet. The expansion of the restaurant will only result in approximately 534 square foot
increase in customer area for a net increase of 134 square feet.
2. Adequate public and emergency vehicle access, public services, and utilities are already
provided to the Property based upon the existing use. Any additional utilities upgrades
required for the change in occupancy will be required at plan check as a condition of
approval for the Project.
3. The tenant improvements to the Project will comply with all Building, Public Works, and
Fire Codes. All ordinances of the City and all conditions of approval will be complied
with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project has been reviewed and includes conditions of approval to 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
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conditions related to the Project that constitute a nuisance in parking areas, sidewalks, and
areas surrounding the Property and adjacent properties during business hours.
2. The expanded establishment will provide improved dining and service of alcoholic
beverages as a public convenience to the surrounding neighborhood and visitors to the
area. This will help continue to revitalize the project site and provide an economic
opportunity for the Property owner to update the retail tenant and service, which best
serves the quality of life for the surrounding visitor- and local-serving community.
Additionally, the Project will result in the elimination of the Type 20 ABC license currently
held by Henry’s Groceries.
2.3. No alcohol service will be allowed in the outdoor dining area which should help
prevent noise concern or other nuisances.
3.4. Facts in Support of Finding B.3 and B.4 are hereby incorporated by reference.
Alcohol Sales Finding
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission
must make the following finding for approval of a new ABC license:
Finding:
F. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with NBMC Section 20.48.030 of the Zoning
Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is in Reporting District (“RD”) 15, which includes most of the commercial
establishments for the Balboa Peninsula south of Coast Highway and 20th Street. The
NBPD is required to report offenses of Part One Crimes combined with all arrests for
other crimes, both felonies and misdemeanors (except traffic citations) to ABC. Part One
Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report:
criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft,
and arson. RD 15 is considered a higher crime area, as compared to other reporting
districts in the City. The RD 15 crime count is 540, which is 363 percent over the citywide
crime count average of 140. The higher crime rate within this reporting district is largely
due to the number of visitors to the Balboa Peninsula, the high concentration of
restaurants, visitor-serving uses, and the high ratio of nonresidential to residential uses
in RD 15. In comparison, RD 13 (8th Street to 20th Street) is 30 percent over the citywide
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average, RD 12 (B Street to 8th Street) is 46 percent below the citywide average, and
RD 16 (37th Street to 54th Street) is 25 percent over the citywide average.
2. While the Project is in an area that has a high concentration of alcohol licenses, staff
feels it is acceptable to allow the proposed expansion of the privileges of the current
establishment. The expanded privileges would provide enhanced opportunities for
customers and could improve the viability of the business. In addition, the existing Type
20 (Off-Sale Beer and Wine) ABC license held by the current tenant will be removed.
The NBPD does not object to this Project as conditioned and the business would be
required to obtain an Operator License.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 had a higher percentage of alcohol-related crimes in 2020, compared to all
adjacent reporting districts; however, this is to be expected given that this figure includes
driving under the influence, public intoxication, and liquor law violations, and the area is
highly concentrated with commercial establishments. From January 1, 2020, through
December 31, 2020, NBPD reported two (2) Part One Crime incidents and one (1) Part
Two Crime incident. None of the calls received were a result of over-service of alcohol
or neglect in responsibility by the Applicant.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is in a mixed-use zoning district, which allows for residential uses when
intermixed with nonresidential uses. The nearest residential units are located above the
nonresidential tenant space. The existing restaurant and proposed expanded
configuration will be oriented towards the City’s West Ocean Front Parking Lot. As
conditioned, all openable windows will close by 11 p.m. and the outdoor dining area will
cease operating at 10 p.m. The nearest residential district is located approximately 400
feet southeast of the project site, halfway down Court Avenue. Although not a residential
use, there is a boutique hotel (Doryman’s Inn) immediately across 21st Place, above
Rockin’ Baja Lobster and 21 Oceanfront restaurants. The nearest recreational facilities,
the beach and the Newport Pier, are located approximately 150 feet to the southwest of
the Property. The nearest church, Our Lady of Mount Carmel Church, is located
approximately 0.5 miles to the east of the Property along West Balboa Boulevard. The
nearest school, Newport Elementary School, is located 0.7 miles to the east of the
Property along West Balboa Boulevard. The nearest day care center, Children’s Center
by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The
proposed use is surrounded by other commercial, retail, and office uses on the ground
level.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
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1. The location of the Project is in proximity to several establishments with alcohol licenses
on the Balboa Peninsula including the Stag Bar, Rockin’ Baja Lobster, 21 Oceanfront
Restaurant, The Blue Beet, il Farro Restaurant and Baja Sharkeez, among others. All
of these establishments have late-night and early-morning hours, and most are also
open for breakfast. The RD 15 statistics indicate an over-concentration of alcohol
licenses within this statistical area.
2. The per capita ratio of one (1) license for every 69 residents is higher than all adjacent
census tracts and the average citywide ratio. This is due to the higher concentration of
commercial land uses, many of them visitor-serving, and lower number of residential
properties in the RD 15 area. While the Project is in proximity to other establishments
selling alcoholic beverages, staff believes the physical and operational characteristics
of the proposed establishment would make the continuation of alcoholic beverage sales
appropriate at this location. Staff, including the NBPD, believes the expanded privileges
requested, subject to the included conditions of approval, should not prove detrimental
to the area considering the number and proximity of nearby establishments that serve
alcohol. In addition, the elimination of an existing Type 20 ABC license as a result of this
Project will not result in a net-increase in ABC licenses in the area.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. Approving the Project will allow the existing restaurant to diversify its offerings as a
convenience to its patrons. There are no current objectionable conditions to resolve
through approval of this Conditional Use Permit. The NBPD acknowledges the addition of
liquor to the existing restaurant is a new privilege, however, approval of this Project will
also result in the elimination of the Type 20 (Off-Sale Beer and Wine) ABC license. The
NBPD has no objection to the Project with recommended conditions of approval put in
place.
Additional Considerations
In accordance with Section 20.48.090 (Eating and Drinking Establishments) of the NBMC, the
Planning Commission shall make the following considerations when reviewing an application
to allow an eating or drinking place to sell, serve, or give away alcohol:
i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of
this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses”
shall mean those uses within 100 feet of the proposed use, as measured between the
nearest lot lines;
1. Facts in support of Finding F are hereby incorporated by reference.
ii. Consider the proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption;
1. Facts in support of Finding F.iii are hereby incorporated by reference.
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iii. Make the findings in Section 20.48.030(C)(3) (Alcohol Sales—Off-Sale).
1. Facts in support of Finding F.iv are hereby incorporated by reference.
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) 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. UP2020-198, 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 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 Title 20 (Planning and Zoning) of the NBMC.
4. This resolution supersedes Planning Director’s Use Permit No. UP2005-027 and
Outdoor Dining Permit No. OD2007-002, which upon vesting of the rights authorized by
this Conditional Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MAY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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. Conditional Use Permit No. UP2020-198 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the NBMC, unless an
extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Conditional Use Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or 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 substantial change in operational characteristics, expansion in area, or other
material modification to the approved plans, shall require subsequent review by the
Planning Division and may require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
7. 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.
8. Prior to the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. A copy of this Resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to issuance of building permits, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
Use Permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
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and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
11. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
change from general commercial to restaurant use in accordance with Chapter 15.38 of
the NBMC. The Applicant shall be credited for the reduction in general commercial square
footage and the remaining balance shall be charged or credited to the Applicant.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 6 a.m. and 12:30 a.m., Monday through Thursday, and 6 a.m. to 1:00
a.m., Friday through Sunday. All customers shall vacate the establishment no later than
30 minutes following these closing times.
13. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
14. The accessory outdoor dining shall be used in conjunction with the related adjacent food
establishment and shall be limited to 30 -square -feet.
15. The seating adjacent to the food use facility shall be limited to the area as delineated on
the approved site plan only. The approved outdoor dining area shall be located on a
solid surface in accordance with the approved floor plan or seating plan. The use of
pavement marking to delineate the area shall be specifically prohibited.
16. The tables shall be permanently affixed to the building, no freestanding tables shall be
permitted between the building and the public right-of-way, the specific table tops and
seating shall be approved by the Planning Division and any proposed changes to the
seating type shall be reviewed by the Planning Division prior to installation.
17. Alcoholic beverage service shall be prohibited in the outdoor dining area without an
amendment to the Conditional Use Permit and approval by the Police Department and
the Alcoholic Beverages Control Board (ABC).
18. Should problems arise with regard to noise associated with the outdoor dining areas or
with regards to tables, chairs, or stools encroaching into the public right-of-way, the
Planning Division shall require the removal of all or a portion of the outdoor dining area
seating in the areas that contribute or cumulatively contribute to the problems or
complaints.
13.19. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
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14.20. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC.
15.21. A minimum of two (2) on-site parking spaces shall always be made available for the
restaurant’s use. The two (2) parking spaces shall be maintained in an approved
configuration providing on-site parking spaces, as approved by the Building Division and
Public Works Department to meet accessibility requirements, if deemed necessary or
appropriate.
16.22. Employees shall always park on-site or in the municipal parking lot and shall not park
on residential streets in the neighborhood or in on-site residential parking spaces.
17.23. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
The Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated. If outdoor lighting is
proposed, the Applicant shall submit a photometric survey as part of the plan check to
verify illumination complies with the Zoning Code standards.
18.24. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the NBMC. Pre-recorded music may be played in the tenant space,
provided exterior noise levels outlined below are not exceeded. The noise generated by
the proposed use shall comply with the provisions of Chapter 10.26 of the NBMC. The
maximum noise shall be limited to no more than depicted below for the specified time
period unless the ambient noise level is higher:
Between the hours of Between the hours of
7 a.m. and 10 p.m. 10 p.m. and 7 a.m.
interior exterior interior exterior
Measured at the property line of
commercially zoned property: N/A 65 dBA N/A 60 dBA
Measured at the property line of
residentially zoned property: N/A 60 dBA N/A 50 dBA
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
19.25. No outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
20.26. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
Planning Commission Resolution No. PC2021-011
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21.27. 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
Department. 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).
22.28. 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. Graffiti shall be
removed within 48 hours of written notice from the City.
23.29. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development
Director, and may require an amendment to this Conditional Use Permit.
30. All doors and windows of the facility shall remain closed after 11 p.m., daily, except for the
ingress and egress of patrons and employees.
24.31. The hours of operation of the outdoor dining area is limited to between the hours of 8 a.m.
and 10 p.m., daily; any increase in the hours of operation shall be subject to the approval
of an amendment to this Conditional Use Permit.
25.32. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
26.33. 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 the Super Panga Restaurant including, but not limited to, the Conditional Use
Permit No. UP2020-198 (PA2020-356). 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.
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
Planning Commission Resolution No. PC2021-011
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Police Department
27.34. The operator of the establishment shall secure and maintain an Operator License pursuant
to Chapter 5.25 of the NBMC.
28.35. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC, 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.
29.36. A comprehensive security plan for the eating establishment shall be submitted for review
and approval by the Newport Beach Police Department. The procedures included in the
security plan shall be implemented and adhered to for the life of the Conditional Use
Permit.
30.37. The approval is for the operation of Super Panga, a food service, eating and drinking
establishment with late hours, and on-sale alcoholic beverage service. The type of
alcoholic beverage license issued by the California Board of Alcoholic Beverage Control
shall be a Type 47 (On-Sale General – Eating Place) license in conjunction with the
restaurant as the principal use of the facility.
31.38. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
32.39. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
33.40. There shall be no live entertainment or dancing allowed on the premises.
34.41. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
35.42. There shall be no reduced-price alcoholic beverage promotions after 9 p.m.
36.43. Food service from the regular menu shall be made available to patrons until closing.
37.44. “VIP” passes or passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order or the
sale of drinks is prohibited, excluding pre-fixe meals.
38.45. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
39.46. The quarterly gross sales of 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
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
Planning Commission Resolution No. PC2021-011
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01-25-19
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
40.47. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
41.48. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
42.49. The Applicant shall maintain a security recording system with a 30-day retention and shall
provide those recordings to the NBPD upon request.
43.50. There shall be no on-site radio, televisions, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event Permit
issued by the City.
44.51. A Special Event 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 NBMC to require such
permits.
45.52. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage Service or
other certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 60 days of the issuance of the
certificate of occupancy. 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.
46.53. Strict adherence to maximum occupancy limits is required.
Building Division
47.54. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
Planning Commission Resolution No. PC2021-011
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01-25-19
applicable State Disabilities Access requirements. Complete sets of drawings including
architectural, electrical, mechanical, and plumbing plans shall be required at plan check.
48.55. The building permit drawings shall illustrate compliance with California Building Code
Chapter 11B and path of travel requirements in Section 11B-202.4.
49.56. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
Public Works Department
57. There shall be no queueing to enter the restaurant within the public right-of-way. All
queueing shall occur on private property and shall not impact the City’s walkway.
58. An encroachment permit for outside dining in the public right-of-way, issued by the Public
Works Department, shall be obtained prior to the commencement of outdoor dining
activities or placement of tables and chairs within the public right of way..
59. The area outside of the food establishment, including the public sidewalks, shall ebbe
maintained in a clean and orderly manner and may be subject to providing periodic steam
cleaning of the public sidewalks as requires by the Public Works Department.
60. The location and set-up of the tables and chairs shall be in a single file arrangement,
parallel and flush along the front of the existing restaurant frontage wall only.
61. No furniture, tables, or chairs shall extend more than 36 inches beyond the face of the
building wall into the public right-of-way.
62. A minimum 8-foot wide clear pedestrian pathway shall be provided between any vertical
obstructions (i.e. parking meters, walls, tree well, furniture, or chairs).
63. The tables shall be affixed or attached to the wall of the building at all times that the outdoor
dining is provided.
64. All the outdoor dining tables and chairs shall be removed from the public right-of-way
outside of the permitted hours and/or when the facility is closed unless otherwise approved
by the Public Works Department, as specified in the Encroachment Agreement.
65. The use of umbrellas or solid, permanent roof coverings, patio covers, or retractable
awnings shall be prohibited.
66. The outdoor dining in the public right-of-way shall be provided and maintained in
accordance with City Council Policy. No. L-21.
Planning Commission - May 6, 2021 Item No. 2c - Additional Material Received From Staff Super Panga Restaurant (PA2020-356)
Newport Beach Planning Commissioners,
I have lived in the city of Newport Beach for 27 years. I am writing in support of
Super Pagna’s Conditional Use Permit request for a type 47 license (on-sale
general eating establishment) and to expand an existing restaurant into the adjacent
liquor store tenant space.
My family and I live in the city on 1813 West Bay Avenue. We have recently
started to visit the Balboa Peninsula. Up until a few years ago, we would only go to
the Peninsula to visit the beach because there were not many restaurants suitable
for families and the area was not well maintained.
However, thanks to the owners of this restaurant (Mr. Marovic and Mr. Gabriel),
we have seen significant changes! They clearly invested a substantial amount of
resources into McFadden Square and it has resulted in a more welcoming
environment to people of all ages. By removing an existing liquor store and
creating a new restaurant, it furthers this effort!
My family and I could not be happier living in Newport Beach and we are excited
to see the improvements that I know this project will bring to the area.
Thank you.
Bridget Godley
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Joe Stapleton
To:Planning Commissioners
Subject:Support Super Panga
Date:Wednesday, May 5, 2021 9:16:20 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Chairman Weigand and Members of the Newport Beach Planning Commission,
My name is Joe Stapleton and I have lived in the city of Newport Beach for over 15 years.
I am writing to you in support of the Super Panga restaurant’s request for Conditional UsePermit to remodel and expand an existing restaurant into the abutting tenant space, currentlyoccupied by a liquor store. And to upgrade the existing Type 41 (On-Sale Beer and Wine -Eating Place) Alcoholic Beverage Control (ABC) license to a Type 47 (On-Sale General -Eating Place) ABC license.
As a resident on the Peninsula, I can say with firsthand experience, the owners of thisrestaurant are the “gold standard” for operators in the city of Newport Beach. Over the last tenyears, they have transformed McFadden Square investing enormous amounts of time andmoney into their properties. As a city, we should strive to make it easier and not more difficultfor our businesses to thrive. This is especially true for our restaurants who have been soheavily impacted by the pandemic. If the restaurant owner is willing to take on the risk ofexpanding and upgrading their property, I hope the city will provide them with all of the toolsthey need to prosper.
I hope the Commission will join me and so many of our neighbors on the Peninsula in supportof this project.
Sent from my iPhone
Joseph M. Stapleton
Presidentjoe@spinninvest.com
Direct: (949) 396-6702Cell: (949) 922-6304
4100 MacArthur Blvd, Ste 120 Newport Beach, CA 92660
spinninvest.com
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:kip parsons
To:Planning Commissioners
Cc:kip.parsons@oracle.com
Subject:Super Panga Expansion
Date:Thursday, May 6, 2021 7:39:43 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Planning Commission,
My name is Kip Parsons. I’ve lived in Newport Beach over 20 years. I was lucky enough to work for thecity (Newport Beach Ocean lifeguard for many summers) and raise my two boys(13 and 15) on BalboaIsland.
I’m writing this letter in support of the expansion of “Super Panga”. First and foremost, my family and Ihave enjoyed the Dory Deli the last 6 years and all the establishments Mario and Andrew have created onthe peninsula. We are lucky to have people like them investing in the community. Removing a liquorstore and replacing it with a family friendly taco shop is awesome. Andrew and Mario have a proven trackrecord that is shown by what they’ve done at Dory, Helmsman, and Malarkey's. I love our city andsupport businesses that strive everyday to make it better for residents and visitors.
Thanks,Kip Parsons949-280-3227
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Kara Willgeroth
To:Planning Commissioners
Subject:Super Panga
Date:Thursday, May 6, 2021 9:47:16 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To Whom It May Concern,
My name is Kara Willgeroth. I was born and raised in Newport. Now, I’m raising my
two daughters here, and am a teacher for Newport-Mesa Unified School District. I am
writing because I believe the expansion of Super Panga taqueria would be a
wonderful addition to the beach community on the peninsula. Removing a liquor store
and creating a bigger, family-friendly restaurant is just what the area needs.
Mario Marovic and Andrew Gabriel have benefitted our city with many clean, safe and
well-run establishments. We are extremely fortunate to have business owners thathave taken such an active interest in wanting to better our community. They are
always giving back to charities and schools with their donations.
Please, approve the expansion of Super Panga so that the peninsula community can
benefit from a restaurant that’s great for the whole family.
Thank you,
Kara
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Earle Zucht
To:Planning Commissioners
Subject:Super Panga Restaurant
Date:Thursday, May 6, 2021 11:49:49 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear planning commissioners,
I am in full support of replacing the liquor store with the expansion of the restaurant.
These are the type of changes we need here in Newport.
Earle Zucht
Sent from my iPhone
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2d - Additional Materials Received Super Panga Restaurant (PA2020-356)
From:Bigtod
To:Planning Commissioners
Subject:Super panga
Date:Thursday, May 6, 2021 8:26:10 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
I love the upgrades being done in the Newport Pier area. Dory deli is my morning stop at 6am to start my day! Now
with Super Panga taqueria coming in I might just end my day down there. As a Newport Beach resident I love the
positive changes to the pier area. Thank you for allowing the positive small businesses to succeed in the most
prestigious part or the world!
With much respect
Tod Hipsher
1930 Leeward Ln.
Newport Beach 92660
Planning Commission - May 6, 2021 Item No. 2e - Additional Materials Received After Deadline Super Panga Restaurant (PA2020-356)
2110 and 2112 West Ocean Front
Planning
Commission
May 6, 2021
Super Panga Restaurant
(PA2020-356)
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Newport Pier
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Background
Community Development Department -Planning Division 4
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Proposed
Project
Community Development Department -Planning Division 5
-6 a.m. to 12:30 a.m. Monday through Thursday
-6 a.m. to 1 a.m. Friday through Sunday
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Community Development Department -Planning Division 6
Existing Floor Plan
Henry’s
Restaurant
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Community Development Department -Planning Division 7
Proposed Floor Plan
36 indoor seats, 4 outdoor seats
a service bar counter (no seating)
Super Panga
Outdoor Patio
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Police Department review. No objection to the
applicant’s request with certain conditions of approval.
Reducing total number alcohol licenses in an over
concentrated area.
Rehabilitation of two older storefronts.
Providing an amenity to both residents and visitors.
Reduction in parking demand (15 spaces required to
14 spaces required).
Considerations
Community Development Department -Planning Division 8
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Employee parking
Hours of operation
Doors and windows of the restaurant to remain closed
after 11 p.m.
Full menu to be served until closing
No live entertainment
No alcohol service on patio
Operator License required
Any changes to the proposed operation or floor plan will
require subsequent review and may require the
processing of a new use permit
Community Development Department -Planning Division 9
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Recommended
Action
•Conduct a public hearing
•Find project exempt from CEQA
•Adopt the Resolution to approve Conditional Use Permit No. UP2020-198
Community Development Department -Planning Division 10
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Community Development Department -Planning Division
Questions?Joselyn Perez
949-644-3312
jperez@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - May 6, 2021 Item No. 2f - Additional Materials Presented at the Meeting by Staff Super Panga Restaurant (PA2020-356)
Removal of liquor store
Expansion of existing restaurant
Planning Commission
May 6, 2021
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Mario Marovic
Newport Beach Resident for 25 Years
Married with two young daughters
USC-School of Entrepreneurship
MBA-Marshall School of Business (USC)
Second generation Restaurateur
Member of the Newport Beach Commodores Club
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Our business model is to continuously improve existing establishments
Employ over 600 People at 12 locations in Orange County
Founder of the Newport Beach Bar and Tavern Association in conjunction with the
NBPD
Recognized by the city of Newport Beach with a proclamation for his businesses and
good work in the community.
Invested millions of dollars on interior and exterior improvement to buildings on
McFadden Square.
Works side-by-side with the Police Department, City Councilman and Planning
Department at quarterly meetings with residents and business owners to discuss the
environment on the Peninsula.
Security Plan –Authored a detailed security plan that is now used by the NBPD for
applicants requesting a CUP with late night hours
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Hoag Hospital
Mission Hospital
We Are Ocean Cancer
Foundation
Knights of Columbus
Our Lady Queen of Angels
Movember –Team Nuclear
Miracle Babies
Boys Hope, Girls Hope
John Wayne Cancer Foundation
Newport Heights Elementary
Mariner’s Elementary
St. Joachim
Our Lady Mount Carmel
Newport Water Polo
Raise Foundation
JDRF
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Beach Cleanup Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
This location closed during Covid
An existing liquor store will be eliminated
as part of the expansion
◦The Liquor Store has late night hours
◦Multiple ABC Violations
◦Offsite liquor sales on the boardwalk are a problem
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Dory Deli is proof of concept
◦Super Panga Taqueria is a similar use with substantially less occupancy than Dory Deli
◦Dory occupancy is 98 vs Panga occupancy 41
Almost a 60% lower occupancy
◦Dory is in great standing with the community
No concern with neighboring properties
Condition #12-Closing Hour Language
Condition #25-Closing of Windows
Condition #37-Food Service
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)
Planning Commission - May 6, 2021 Item No. 2g - Additional Materials Presented at the Meeting by the Applicant Super Panga Restaurant (PA2020-356)