HomeMy WebLinkAbout07_Chihuahua Brewing Company, LLC Temporary Patio LTP and CDP_PA2021-187
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2021
Agenda Item No. 7
SUBJECT: Chihuahua Brewing Company, LLC Temporary Patio (PA2021-187)
Limited Term Permit No. XP2021-009
Coastal Development Permit No. CD2021-038
SITE LOCATION: 3107 Newport Boulevard
APPLICANT: Chihuahua Brewing Company, LLC
OWNER: The Landing M2, LLC
PLANNER: David S. Lee, Associate Planner
949-644-3249, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CN (Neighborhood Commercial)
Zoning District: CN (Commercial Neighborhood)
Coastal Land Use Plan Category: CN (Neighborhood Commercial)
Coastal Zoning District: CN (Commercial Neighborhood)
PROJECT SUMMARY
The applicant proposes an 867-square-foot maximum expanded outdoor dining area for up
to a one-year term that was previously authorized through Emergency Temporary Use
Permit No. UP2020-084 and Emergency Coastal Development Permit No. CD2020-088
(PA2020-169) for Chihuahua Brewing Company, LLC.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-009 and Costal Development Permit No. CD2021-038 (Attachment No.
ZA 1).
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Zoning Administrator, November 10, 2021
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DISCUSSION
The applicant proposes an 867-square-foot maximum expanded outdoor dining area
for up to a one-year term that was previously authorized through Emergency
Temporary Use Permit No. UP2020-084 and Emergency Coastal Development
Permit No. CD2020-088 (PA2020-169) for Chihuahua Brewing Company, LLC.
Outdoor dining areas are common within The Landing shopping plaza and the
Balboa Peninsula area, and have been used at the subject property during similar
hours in the past, and the use has not proven detrimental. The existing hours of
operation for the interior of the restaurant are limited from 6:30 a.m. through 10:00
p.m., Sunday through Thursday, and from 6:30 a.m. to 11:00 p.m., Friday and
Saturday. The hours of operation for the existing outdoor dining patio are limited from
6:30 a.m. through 10:00 p.m., daily, with alcohol service beginning at 9:00 a.m. at the
earliest. The expanded outdoor dining area would close by 9:00 p.m., daily.
The subject property has been occupied by a food service use with outdoor dining
since 2010. The existing parking lot has historically accommodated the mix of uses
located within The Landing. The existing parking lot is expected to accommodate the
temporary use.
The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December, 2021, and may inform a future conditional use permit
amendment for outdoor dining areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
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
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 867-square-foot expanded outdoor
dining patio at an existing restaurant for a one-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed
in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
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Zoning Administrator, November 10, 2021
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Associate Planner
MS/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2021-009 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-038 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3107
NEWPORT BOULEVARD (PA2021-187)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chihuahua Brewing Company, LLC, with respect to property
located at 3107 Newport Boulevard, and legally described as Parcel 1 of Parcel Map No.
2009-135, requesting approval of a limited term permit and a coastal development permit.
2. The applicant proposes an 867-square-foot maximum expanded outdoor dining area for
up to a one (1)-year term that was previously authorized through Emergency Temporary
Use Permit No. UP2020-084 and Emergency Coastal Development Permit No. CD2020-
088 (PA2020-169) for Chihuahua Brewing Company, LLC.
3. The subject property is designated Neighborhood Commercial (CN) by the General Plan
Land Use Element and is located within the Commercial Neighborhood (CN) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Neighborhood Commercial (CN) (0.0 to 0.30 FAR) and it is located within the
Commercial Neighborhood (CN) Coastal Zone District.
5. A public hearing was held on November 10, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 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
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
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09-30-21
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 867-square-foot expanded outdoor
dining patio at an existing restaurant for a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of
the requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. UP2019-
035, Coastal Development Permit No. CD2020-001, and Operator License No. OL2020-
001 (PA2019-160) and includes 1,446 square feet of net public area and a 626-square-
foot permanent outdoor dining patio.
2. The expanded outdoor dining area has not posed a hazard to the general welfare of
persons residing in the area since it was placed during the COVID-19 pandemic in 2020
through an Emergency Temporary Use Permit No. UP2020-014 (PA2020-083). The
operation of the expanded outdoor dining area is limited to up to a one (1)-year, and has
been reviewed and conditioned to preclude any detriment to the general welfare of the
area.
3. Outdoor dining areas are common within The Landing shopping plaza and the Balboa
Peninsula area, and have been used at the subject property during similar hours in the
past, and the use has not proven detrimental. The existing hours of operation for the interior
of the restaurant are limited from 6:30 a.m. through 10:00 p.m., Sunday through Thursday,
and from 6:30 a.m. to 11:00 p.m., Friday and Saturday. The hours of operation for the
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existing outdoor dining patio are limited from 6:30 a.m. through 10:00 p.m., daily, with
alcohol service beginning at 9:00 a.m. at the earliest. The expanded outdoor dining area
would close by 9:00 p.m., daily.
4. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
5. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
6. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
7. The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1. The restaurant is located in The Landing shopping center. The shopping center is 3.75
acres in size, includes a mix of commercial uses, and has a 236-space on-site surface
parking lot that serves all of the uses within the center. The reduction of eight (8) on-site
parking spaces is for a temporary basis, and the patio has been reviewed by Public Works
to ensure that it will not negatively impact on-site circulation.
2. The shopping center is bounded by Newport Boulevard and West Balboa Boulevard,
between 30th Street and 32nd Street. Surrounding uses include residential neighborhoods,
which are located directly adjacent to the shopping center to the north, south, and west.
Lido House Hotel is located approximately 400 feet northwest of the shopping center. The
temporary patio does not negatively affect surrounding uses as it serves an existing
restaurant in an existing shopping center.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
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Fact in Support of Finding:
1. The subject lot has a direct driveway approach taken from Newport Boulevard, 32nd Street,
Balboa Boulevard, and 30th Street. The temporary outdoor patio is located adjacent to the
restaurant and will not impede access to the existing parking lot. There are no traffic issues
anticipated.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Fact in Support of Finding:
1. The subject property has been occupied by a food service use with outdoor dining since
2010. The existing parking lot has historically accommodated the mix of uses located within
The Landing. The existing parking lot is expected to accommodate the temporary use.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is CN (Neighborhood Commercial).
The CN designation is intended to provide for a limited range of retail and service uses
developed in one (1) or more distinct centers oriented to primarily serve the needs of and
maintain compatibility with residential uses in the immediate area. Permitted uses include
those permitted in the CN Zoning designation, which includes eating and drinking
establishments through obtaining of a use permit. The expanded outdoor dining use is
accessory to the existing food service use with outdoor dining, will be utilized for a limited
duration on-site, and will not impede use of the site consistent with the CN designation.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN
designation applies to areas appropriate for a limited range of retail and service uses
developed in one (1) or more distinct centers oriented to serve primarily the needs of
and maintain compatibility with residential uses in the immediate area. The expanded
outdoor dining use is accessory to the existing food service use with outdoor dining, will be
utilized for a limited duration on-site, and will not impede use of the site consistent with the
CN designation. The CN zoning district allows temporary uses as specified within the
Zoning Code and the proposed limited duration use is consistent with this designation.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CN Zoning District in that it
provides amenities that support visitors to the area and provides a social gathering place
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for those who live and work in the neighborhood, consistent with General Plan Land Use
Element Goal LU2, below. Additional benefits from the proposed amendment include
providing opportunities for the continuation of local businesses that generate sales tax and
provide opportunities for employment, which is consistent with General Plan Land Use
Element Policy LU 2.4 (Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
hile
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F.Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1.The project site is not located adjacent to a coastal view road or public access way. The
site is located approximately 150 feet south from a public beach access location identified
by the Coastal Land Use Plan. However, the temporary patio is located within an existing
shopping center and is to expand into an existing commercial suite. The expanded outdoor
dining area complies with all applicable Local Coastal Program (LCP) development
standards and maintains an area consistent with the existing pattern of development in
Lido Marina Village. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
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2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the public walkway are
minor detached structures. The location of these improvements does not pose a conflict
to coastal resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is installed within the existing walkway. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from the public walkway.
There are no existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area and public access to the coast will not be blocked. Coastal access is
increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
7. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G.Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1.The subject property is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. The property is located
approximately 475 feet from a public beach or harbor (approximately 1,000 feet) and is not
located near a public viewpoint designated by the Coastal Land Use Plan.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-009 and Coastal Development Permit No. CD2021-038 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
4. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
tions 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective for up to a one (1)-year term. The applicant shall be required to cease all permitted
operations and remove any temporary improvements made to the outdoor spaces as part
of this Limited Term Permit on or before December 31, 2022.
3. The expanded dining area shall not exceed 867 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of hours of operation of the expanded area as part of this approval shall not extend
beyond 9 p.m.
5. There shall be no use of amplified sound.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8.
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined 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.
15. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16. 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,
court costs) of every kind and nature whatsoever which may arise from or in any manner
r approval of this Limited Term Permit No.
XP2021-009 and Coastal Development Permit No. CD2021-038 (PA2021-187) for
Chihuahua Brewing Company, LLC. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Building Division
17.Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a.A minimum 4-foot-wide accessible path to all functional area shall be provided.
b.Access to restrooms shall be provided at all times.
c.Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d.At least one (1) accessible seating area shall be provided.
e.Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Public Works Department
19.Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable
to Public Works) shall be provided between the seating area and drive aisle and adjacent
parking spaces. Substantial barriers shall not encroach into the required dimensions of
the drive aisle and parking spaces.
20. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles
and 15 feet of space around all underground facilities, such as poles and 15 feet of
space around all underground facilities, such as vault lids, manholes, vent pipes, pad-
mounted transformers, etc.
21.
prohibited.
22. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
23. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples
provided in Attachment No. ZA 4.
Fire Department
24.Fire lane(s) shall be identified on the plan.
25.Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes. Vehicles are permitted to stop in fire lanes
awaiting service or delivery provided that the driver remains inside the vehicle and the
vehicle is ready to move immediately upon orders from emergency personnel.
26.Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the
driver remains inside the vehicle and the vehicle is ready to move immediately upon
orders from emergency personnel.
27. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three (3)-foot clearance in all directions.
28. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
29. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Limited Term Permit No. XP2021-009 and Coastal
Development Permit No. CD2021-038
(PA2021-187)
3107 Newport Boulevard
Subject Property
16
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
oka COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Chihuahua Cerveza Revision No. 2 (PA2020-169)
Emergency Temporary Use Permit No. UP2020-084
Emergency Coastal Development Permit No. CD2020-088
Site Location 3107 Newport Boulevard
Applicant Alyvia Noonan of Chihuahua Cerveza
Property Owner The Landing, LLC
On July 15, 2020, the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-084 and Emergency Coastal Development Permit No. CD2020-
088. This approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
The Applicant proposes to alter the temporary addition of the secondary outdoor dining area
to add additional tables and seats per the revised site plan (Attachment CD No. 3). The
physical improvements will remain as follows:
1. Provide an additional outdoor dining patio (approximately 2,200 square feet) within
the existing parking area (8 parking spaces eliminated) serving The Landing
Shopping Center. These spaces are directly in front the existing Chihuahua Cerveza
restaurant and outdoor dining patio. The revised temporarily expanded area will not
impede the drive aisle and all tables will be separated from other tables and/or waiting
areas by at least seven (7) feet to ensure proper social distancing is maintained.
2. Upon approval, ETUP No. UP2020-084 and ECDP No. CD2020-088 will supersede
the previous EUTP No. UP2020-044 and ECDP No. CD2020-054. The previous
associated improvements in the back corner of the parking lot shall remain null and
void.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
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necessary to prevent or mitigate an emergency. 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 Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes a
2,200-square-foot patio area expansion to an existing restaurant and meets these criteria.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of these exemptions and the project has no potential to have a significant
effect on the environment.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005;
2. The project,
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing;
3. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
4. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
5. The proposed operation does not extend any hours of operation beyond those
currently permitted by Minor Use Permit No. UP2010-036 (9:00 a.m. through 11:00
p.m., daily for the interior and 9:00 a.m. through 10:00 p.m., daily for the existing
outdoor dining patio); the temporary outdoor dining will be open daily until 9:00 p.m.
6. The modified expanded dining area will reduce the size of the expanded area and
promote a more family friendly seating atmosphere.
7. The expanded dining area shall adhere to applicable State of California and Orange
County Health Care Agency guidelines for the safe operation of the use. It is the
responsibility of the permittee to implement and follow industry-specific guidance of
the State of California and the Orange County Health Care Agency guidelines;
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8. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements;
9. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers (substantial barriers with stanchion & rope barriers adjacent to
walkways);
10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
11. There is adequate parking available within the Landing Shopping Center to serve all
uses within the center. The modified expanded outdoor dining area will increase the
overall number of parking spaces available within the center.
EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1.The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
IV. CONDITIONS OF APPROVAL
1. Only the physical improvements specifically described above are authorized, subject
to the conditions set forth below. Any additional changes require separate review and
may necessitate separate authorization from the Director. The improvements shall
be in substantial conformance with the site plan and exhibits provided in Attachment
No. CD 3.
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2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. Emergency Temporary Use Permit No. UP200-014 and Emergency Coastal
Development Permit No. CD2020-028 shall become null and void. All tables
including seating and standing areas related to Emergency Temporary Use Permit
No. UP2020-014 and Emergency Coastal Development Permit No. CD2020-028
shall be removed from the back corner of the parking lot.
4. The existing allowed hours of operation of the establishment shall not be extended.
In no case shall the hours of operation of the area modified as part of this Emergency
Temporary Use Permit extend beyond 9 p.m.
5.The expanded outdoor dining area shall not exceed 2,200 square feet in area. All
dining tables shall be separated from other dining tables and/or waiting areas by a
minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
6.The occupancy shall not exceed the maximum allowed for the restaurant by Use
Permit No. UP2010-036 or the most current Certificate of Occupancy at any time.
7. All tables shall have a maximum height of 36 inches.
8. Amplified sound shall be prohibited in the expanded outdoor dining area.
9. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
10. The sale of alcohol to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
11. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
12. The restaurant shall abide by the COVID-19 Industry Guidance: Dine-In Restaurants
provided by the California Department of Public Health and Department of Industrial
Health.
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13. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
14.Food service shall be made available for disabled patrons within the outdoor
dining area. -
using the expanded dining patio.
15. Physical barriers delineating the outdoor seating and adjoining vehicular
ways shall not block egress or an accessible route and shall maintain a minimum
of 48-inch clear to the inside edge of the curb. The curb shall not be included in
the minimum 48-inch clear path within the common area walkway.
16. An accessible route (minimum 48 inches wide) shall be provided from the ADA
accessible parking space to the expanded dining area. Any areas used for
temporary expanded dining shall be accessible to disabled persons.
a.An accessible path to all functional area shall be provided.
b.Access to restrooms shall be provided at all times.
c.Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d.Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
17. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
18. Accessible routes, including under canopy(ies) must maintain a minimum clear
height of 80 inches.
19.
Poke
Fire
20.All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
21. All fire department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
22. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
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23. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes. Vehicles are permitted to stop in
fire lanes awaiting service or delivery provided that the driver remains inside the
vehicle and the vehicle is ready to move immediately upon orders from emergency
personnel.
Public Works
24. A substantial barrier (automobiles, K-rail, water-filled barrier, or other material
acceptable to Public Works) shall be provided between the seating area and drive
isle/parking lot.
25.There shall be a minimum of 5 feet of space around all overhead facilities, such as
poles and 15 feet of space around all underground facilities, such as poles and 15
feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad-mounted transformers, etc.
26. shall
be prohibited.
27.Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
28.Expanded outdoor dining areas shall adhere to the SCE Clearance Decal
examples provided in Attachment No. CD No. 2.
29. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
30. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
31. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
32. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
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33. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
34. 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,
disbursements and court costs) of every kind and nature whatsoever which may
this
Emergency Temporary Use Permit No. UP2020-084 and Emergency Coastal
Development Permit No. CD2020-088 for Chihuahua Cerveza. 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.
V. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director,
Attachments: CD 1 Filed Application
CD 2 SCE Clearance Decal Examples
CD 3 Site Plan and Floor Plan Layout
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
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findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Printed Name Title
Signature Date
25
Attachment No. ZA 4
SCE Clearance Decals
26
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
27
28
D5429
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
30
32ND ST.(E) PARKING30TH ST.W. BALBOA BLVD.NEWPORT BLVD.CHIHUAHUA(EXISTING SPACE)TAPHOUSEVANVAN ACCESSIBLE(E) ACCESSIBLE PARKING(E) TRASHENCLOSUREVANHCHCHCHC(E) COVID PATIOEXISTING ACCESSFROM PUBLIC WAY65'-11"31'-6"14'-6"VANHCHCHCHC(E) ACCESSIBLE PARKING(E) PARKING(E) BUILDINGEXISTINGCHIHUAHUATAPHOUSEEXISTINGCHIHUAHUATAPHOUSEPATIOOWNERCHIHUAHUATAPHOUSEOCHIHUAHUATAPHOUSE, BREWING CHIHUAHUATAPHOUSE EXPANSIONCOMPANYL.L.C.PATIO3--EXPANSIONTITLE SHEET &EXISTINGSITE PLANA-1EXISTING SITE PLANNORTHSCALE = N.T.SSITE PLAN LEGEND:PATH OF TRAVEL PLAN:ACCESSIBILITY PARKING-SITE PLAN ADA COMPLAINCE NOTES:31
9'-2"65'-11"2'-0"61'-11"2'-0"234"234"12'-134"12'-412"12'-412"12'-134"10'-10"4'-7"+5'-6"_3'-0"(E) 8'-6"x14'-6"PARKINGSTALL, TYPICAL1"16'-0"48X24(N) 4x414'-6"CLCLCENTERLINE OF DRIVE AISLE15'-9"(E) 6" CONC. CURBTYPICAL(E) 8'-6"x14'-6"PARKINGSTALL, TYPICAL5'-1"1234567(E) PLANTER(E) BENCH8'-6"5'-7"8(PER CITY STANDARDS)DRIVE AISLE20'-1"3'-1"17'-0" STALL+(DEPTH PER CITY)(E)PUBLICWALKWAY2x6 TOP RAIL8'-1"(E) ADJACENT SUITE(E) ADJACENT SUITE5'-6"12'-412"(E) 6" CONC. CURB48X2448X2448X2448X24STALL(E) COVID PATIO (E) POLE13'-1014"24X3024X3048X2424X3024X3024X3024X3048X2424X3024X30PATIO(E)48X25(4)24X3048X25(4)(E) TAPROOM48X2448X2448X2448X2448X2448X2448X242'-134"6'-0"6'-0"AREA OF EXISTING COVID PATIO(E) BUILDING(E) COVID PATIO (E) PLYWOOD BARRIERAT 36" TALL.(E) PLYWOODBARRIER AT 36"TALL.10'-0"(E) 4x4 POSTS(E) STRINGLIGHTS(TIVOLI)PATIO(E)AREA OF EXISTING COVID PATIO(E) PLYWOODBARRIER AT 36"TALL.(E)PUBLICWALKWAY10'-0"(E) COVIDPATIO(E)WALKWAYAREA(E) 4x4 POSTS(E) STRINGLIGHTS(TIVOLI)OWNERCHIHUAHUATAPHOUSEOCHIHUAHUATAPHOUSE, BREWING CHIHUAHUATAPHOUSE EXPANSIONCOMPANYL.L.C.PATIO3--EXPANSION(LEFT SIDE SIMILAR)32
From: Drew Wetherholt <drew.wetherholt@gmail.com>
Sent: November 09, 2021 11:23 AM
To: Lee, David <dlee@newportbeachca.gov>
Subject: Subject: Chihuahua Brewing Company, LLC Temporary Patio (PA2021-187)
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
David:
I would request the Zoning Administrator deny the referenced application for the following reasons:
1.Chihuahua has already been granted a 25-space parking waiver by the planning department for
their recent expansion. Now the planning department is effectively granting them an additional 8-10
spaces? Parking is already in short-supply at this property. How is this fair to the other store owners?
2.Noise from the music/TVs continues to travel across to the residences on 32nd street. Our tenants
have complained about this numerous times. These disturbances were also brought up by neighbors
who were protesting the 25-space parking waiver. Why do these residences have to listen to
Chihuahua's loud patio, music, & TVs?
3.Parking is limited and often full especially during the weekends and summer at the property. Why
do we keep eliminating parking spaces at this center and the immediate area? Why hasn't a parking
study been completed regarding these issues?
4.The surrounding area is already negatively impacted by the various restaurants & bars eliminating
parking spaces due to their "new" outdoor dining areas. Both employees and customers continue to
park off-site which eliminates public parking for residents and tourists. This is working against the
Coastal Commission's desire for coastal access and use for the general public.
5.Employees for many of the property's stores park in the surrounding neighborhoods due to lack of
parking.
6.Other shop tenants have mentioned the impacted parking and possible negative effects to their
business, but do not wish to complain as the owner of the Pavilions center is also an owner of
Chihuahua. They are concerned about retaliation.
7.Chihuahua and the center have had various code violations regarding trailer storage in the back of
the property. The back of the property is especially poorly kept and maintained.
8.There is no longer a covid emergency.
Thank you for your consideration.
Drew Wetherholt
Zoning Administrator - November 10, 2021 Item No. 7a Additional Materials Received Chihuahua Brewing Company, LLC Temporary Patio Limited Term Permit and Coastal Development Permit (PA2021-187)