HomeMy WebLinkAbout3.0_Bandera Restaurant_PA2023-0063CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 6, 2023
Agenda Item No. 3
SUBJECT: Bandera Restaurant (PA2023-0063)
▪Conditional Use Permit
▪Coastal Development Permit
SITE LOCATION: 3201 East Coast Highway
APPLICANT: Andrew Yapp, Southern California Land Use
OWNER: Famiglia Boero Properties, LLC
PLANNER: Kelly Ribuffo, Consultant Planner
kribuffo@sagecrestplanning.com
PROJECT SUMMARY
A conditional use permit and coastal development permit to change the operating hours of
an existing 6,047 square foot restaurant and modify the approved seating layout with no
changes to the existing net public area. Operating hours are proposed to be updated from
4:00 p.m. to 12:00 a.m., to 11:00 a.m. to 12:00 a.m. to accommodate lunch service. The
restaurant provides for the sale and service of alcoholic beverages with an existing Type 47
(On-Sale General – Eating Place) Alcoholic Beverage Control (ABC) License. If approved,
this Conditional Use Permit would supersede Use Permit No. 3564 and Site Plan Review
No. 73.
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. PC2023-027 approving a Conditional Use Permit and Coastal
Development Permit pursuant to PA2023-0063 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Corridor
Commercial (CC)
Commercial Corridor
(CC) Restaurant
NORTH CC CC Commercial (drugstore)
SOUTH
CC/Two-Unit
Residential
(RT)/Multiple
Residential (RM)
CC / Two-Unit
Residential (R-2) /
Multiple Residential
(RM)
Commercial, residential
EAST CC CC Commercial
WEST RT/RM R-2/RM Residential, municipal parking
lot
Restaurant Location
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INTRODUCTION
Project Setting
The subject property is located in Corona del Mar and consists of a triangular shaped
parcel located at the intersection of Larkspur Avenue (north), Coast Highway East (east),
Marguerite Avenue (south), and Bayside Drive (west). The parcel is 20,160 square feet
(0.46 acres) and is improved with a 6,047-square-foot, single-tenant restaurant building.
The restaurant is served by an on-site parking lot that provides 23 parking spaces.
The surrounding uses include a drugstore (Rite Aid) and public parking to the north,
commercial uses to the east, a mix of commercial and residential uses to the south, and
residential uses and public parking to the west. The property is adjacent to the 33-space
Bayside Drive Lot 1 municipal parking lot to the south and the 19-space Bayside Drive
Lot 2 to the north.
Background
Prior to the construction of the existing restaurant (Bandera), a prior restaurant (Corona
Café) existed and was authorized by Use Permit No. 3103, which was approved by the
Planning Commission on August 9, 1984. Corona Café operated from 9 a.m. to 1 a.m.,
daily, and included live entertainment. During this time, the site included a 30-space
parking lot.
On August 10, 1995, the Planning Commission approved Use Permit No. 3564 and Site
Plan Review No. 73, authorizing the demolition of the Corona Café building and the
construction of Bandera, which is the current restaurant operator. The approval included
an on-sale alcoholic beverage license, and a parking waiver for 43 spaces (with a
minimum of 24 spaces required on-site). Subsequent to the approval by the City’s
Planning Commission, the California Coastal Commission (CCC) approved a Coastal
Development Permit (CDP) on October 10, 1995, with a condition that a change in the
hours of operation would require an amendment to the CDP.
Project Description
The applicant requests the following modifications to the Conditions of Approval of Use
Permit No. 3564 and Site Plan Review No. 73:
• Condition No. 1 – That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted.
The applicant proposes to make minor updates to the floor plan and reconfigure the
types of seating available for customers. There is no proposed modification to the net
public area or total seating count of the restaurant. No modifications to the exterior of
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the building or site (including landscaping and parking lot) are proposed as part of
this application.
•Condition No. 18 – That the hours of operation shall be limited between 4:00 p.m.
and 12:00 midnight, daily.
The applicant proposes to adjust the hours of operation to 11:00 a.m. to 12:00 a.m.,
daily, to accommodate lunch service. Apart from the hours of operation and minor
modification to the seating plan, there are no changes to the restaurant operations
(See Table 1, below).
Table 1: Restaurant Operations
Existing Proposed
Gross Floor Area 6,079 sq. ft. No change
Net Public Area 3,190 sq. ft. No change
Seating Count 151 No change
Hours of Operation 4 p.m. to 12 a.m., daily 11 a.m. to 12 a.m., daily
Live Entertainment Not permitted No change
Dancing Not permitted No change
ABC License Type Type 47 (On-Sale General) No change
On-Site Parking 23 spaces No change
UP3564 does not allow live entertainment or dancing (Condition No. 23). The applicant is
not requesting to add either feature to their operation as part of this application.
Since the permitting of the existing development included approval of a CDP, an updated
CDP has been requested by CCC staff for the current application. CCC staff has deferred
processing of the CDP to the City, as the project does not propose any physical expansion
or site modification of the existing restaurant.
DISCUSSION
Analysis
General Plan and Zoning Code
The site is categorized by the General Plan as CC (Corridor Commercial) and located
within the CC (Commercial Corridor) Zoning District. The CC General Plan and Zoning
category is intended to provide areas appropriate for a range of neighborhood-serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. The proposed restaurant is located on the ground level and is
consistent with the Land Use category and zoning district with the approval of a
conditional use permit.
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The following is a list of notable General Plan policies with which the project is compliant:
•Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy
that provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality community
services;
•Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that
support the needs of Newport Beach’s residents including housing, retail, services,
employment, recreation, education, culture, entertainment, civic engagement, and
social and spiritual activity that are in balance with community natural resources and
open spaces; and
•Land Use Element Goal LU6.20. A pedestrian-oriented “village” serving as the center
of community commerce, culture, and social activity and providing identity for Corona
del Mar.
The project provides an expanded lunch dining option in the commercial corridor of
Corona del Mar for residents, employees, and visitors, as well as additional employment
opportunities for restaurant employees. Additionally, the project is along the major
commercial thoroughfare of Corona del Mar. The property is highly visible to visitors and
residents traveling along Coast Highway East. The restaurant promotes pedestrian
activity and provides an additional attraction for visitors to the village of Corona del Mar
and will help to promote culture and social activity. The restaurant is a visitor-serving use.
Per the Zoning Code, eating and drinking establishments with alcohol service are allowed
uses, subject to the approval of a use permit. The project provides expanded lunch
service hours for an existing restaurant use along the East Coast Highway street frontage.
Alcohol Sales
The restaurant operates within an existing Type 47 (On-Sale General – Eating Place) State
Department of Alcoholic Beverage Control (ABC) License. The applicant requests to
expand the hours of operation of the restaurant to 11:00 a.m. to 12:00 a.m. daily. Alcoholic
beverages will be served during the proposed expanded hours.
To authorize the sale and service of alcoholic beverages, the Planning Commission must
first make a finding of consistency with Section 20.48.030 (Alcohol Sales) of the Newport
Beach Municipal Code (NBMC). As part of the application review, the Newport Beach
Police Department (NBPD) has prepared a memorandum (Attachment No. PC 2) with the
required factors and crime statistics to help evaluate the following required
considerations:
1.The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
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Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Total Crime Count
RD No. 43 19 21 40
RD No. 44 103 163 266
RD No. 45 13 16 29
RD No. 47 17 24 41
Newport Beach 1,789 3,222 5,011
The property is in Reporting District 44 (RD 44). RD 44 exceeds the Citywide average
and is considered a higher crime area as compared to other reporting districts. The crime
count in RD 44 is 213, which is 111 percent over the Citywide crime count average of
101. Since this area has 20 percent or greater reported crimes than the average number
of reported crimes as determined from all crime reporting districts within the City, the area
is found to have undue concentration. However, RD 44 contains many visitor- and tourist-
serving nonresidential uses along East Coast Highway. Corona del Mar consists of
several restaurants that serve residents and visitors to the area. The intent of the CC
zoning district is to provide areas appropriate for a range of neighborhood-serving retail
and service uses along street frontages that are located and designed to foster pedestrian
activity. Areas near the beach have a higher concentration of visitor-serving commercial
land uses and, therefore, tend to have a higher crime rate than other areas in the City.
Furthermore, since the existing restaurant currently maintains alcohol sales, the
additional lunch hours are unlikely to increase crime in the area.
The Newport Beach Police Department (NBPD) has reviewed the proposed use. Based
on the location, operational characteristics, and operating hours, the NBPD has no
objection to the proposed modifications to the hours of operation for the existing Type 47
ABC License, subject to appropriate conditions of approval.
2. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Due to the higher concentration of commercial land uses, RD 44 is reported to ABC as a
high crime area as compared to other reporting districts in the City. The highest volume
crime in this area is vandalism. The highest volume arrest in the area is for driving under
the influence (DUI). DUI, public intoxication, and liquor law violations make up 24 percent
of arrests in this reporting district. However, the area is considered an attractive tourist
area in the City, which results in a higher number of alcohol-related calls for service,
crimes and arrests.
During 2021, the subject restaurant had 23 dispatch events to the location, but these calls
did not result in any alcohol-related arrests. The business did not receive any alcohol-
related citations within the same period. Therefore, the Police Department has no
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concerns with the proposed application. In addition, updated conditions of approval are
proposed to bring conditions related to alcohol sales to current standards.
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
Although the Project is located near a residential district, the Property is a single-tenant
commercial building that is situated in a commercial zoning district abutting East Coast
Highway. Residential neighborhoods are located across Bayside Drive to the southwest.
However, the restaurant is oriented towards East Coast Highway and is buffered from
residential by the on-site parking lot and adjacent municipal parking lot.
Project is not in proximity to a religious facility, daycare center, park, recreational facility,
school, or similar uses that attract minors. The nearest school is Harbor View Elementary
School, which is over 2,000 feet northeast of the restaurant. Since 1996, the current
restaurant has been in operation at this location with alcohol sales without causing
detriment to the surrounding neighborhood. Alcohol sales currently exist on the site and
the additional lunch and afternoon hours of operation are not anticipated to be detrimental
to the community because of the proximity to any sensitive land uses, especially with the
allowed operation regulated by the updated Conditions of Approval.
4. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
Several other establishments along East Coast Highway currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are not
defined as bars, lounges or nightclubs by the Zoning Code. The closest establishment
selling alcoholic beverages for on-site consumption is The Quiet Woman, which is located
approximately 130 feet away at 3224 East Coast Highway and has a Type 47 (On-Sale
General - Eating Place) license.
The project’s proximity to other establishments selling alcohol does not raise concern due
to the limited characteristics of the use, including 3,190 square feet of interior net public
area with conditioned hours of operation are from 11:00 a.m. to 12:00 a.m., Monday
through Sunday. The proposed cessation of alcohol sales are no later than the current
allowed hours approved by Use Permit No. 3564 but will allow for lunch service in addition
to existing dinner service hours. Conditions of approval will further prevent the
establishment from operating as a bar, lounge, or nightclub.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The subject property has historically been developed with two restaurants, Corona Café
(1986 to 1995) and Bandera Restaurant (1996 – present) occupied by various tenants.
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There is no evidence that suggests the proposed commercial use will create objectionable
conditions with the proposed hours of operation.
The project has been reviewed by the Police Department, which has provided several
conditions of approval as provided in the draft resolution. The conditions of approval help
to ensure that the purpose and intent of Section 20.48.030 of the NBMC is maintained
and that a healthy environment for residents and businesses is preserved. The Police
Department do not anticipate detrimental conditions due to the proposed limited
operational characteristics and conditions. The service of alcohol is intended for the
convenience of customers dining at the establishment. Operational conditions of approval
recommended relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize any alcohol-related impacts.
Parking Supply and Previous Parking Waiver
Although UP3564 described the restaurant as having an interior net public area of 2,670
square feet, the plans approved by the Planning Commission included a net public area
of 3,190 square feet, which equates to a waiver of 56 spaces. Subsequently in 1996,
building permits were issued for construction of the restaurant with a net public area of
3,190 square feet and 24 on-site parking spaces. Due to a reconfiguration of accessible
parking during the plan check process, there was a reduction of one (1) parking space in
the parking lot. The restaurant has been operating with 23 spaces without experiencing
parking deficiencies during operating hours.
The expansion of hours of operation is not anticipated to cause significant additional
parking demand which would be incompatible with the surrounding neighborhood. Staff
conducted site visits on two separate summer weekdays to the adjacent municipal
parking lots and observed that an average of two of the 33 available parking spaces were
occupied in Bayside Drive Lot 1, and an average of six of 19 available parking spaces
were occupied in Bayside Drive Lot 2 on the corner of Larkspur Avenue and Bayside
Drive between the two site visits (see Figure 1, below). Additionally, public street parking
is available on Larkspur Avenue (approximately 5 spaces), Bayside Drive (approximately
8 spaces), and East Coast Highway (3 striped spaces). Additionally, the subject public
parking lot does not serve as beach parking given the distance from Ocean Boulevard
and Corona del Mar State beach. Visitors to these public access points park in the CDM
state beach parking lot or the neighborhood proximate to their destination.
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Figure 1: Bayside Drive Lot 1 (Left) and Bayside Drive Lot 2 during lunch hours
Conditional Use Permit Findings
Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the NBMC, the Planning Commission must make the following findings to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
As discussed in the Draft Resolution (Attachment No. PC 1), the CC land use category of
the General Plan and Zoning Code is intended to provide a range of neighborhood-
serving retail and service uses along street frontages that are located and designed to
foster pedestrian activity. The existing restaurant is consistent with this purpose and was
authorized by a use permit and site plan review. If approved, the existing restaurant will
provide an expanded lunch service use along the East Coast Highway frontage and will
serve as an additional attraction located in the commercial district of Corona del Mar.
The operational characteristics of the restaurant are compatible with the surrounding
neighborhood. As conditioned, the restaurant will operate between 11 a.m. and 12 a.m.,
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daily. The proposed hours are no later than the hours approved by Use Permit No. 3564
and will allow for lunch service in addition to the existing dinner service hours.
Additionally, the site is physically suitable for the restaurant and is consistent with the
existing mix of retail, service, and restaurant uses in the immediate area. While the
approved site plan provided a waiver for on-site parking, the waiver was granted due to
the site’s adjacency to two (2) public parking lots, which ensures adequate parking for
this area of the Corona Del Mar commercial district. There will be no physical changes to
the site or exterior building configuration. The expansion of hours of operation is not
anticipated to cause significant additional demand for parking for the restaurant.
The proposed conditions of approval include current standard conditions which are
applied to all new alcoholic beverages sales. These conditions are provided to ensure
that potential conflicts are minimized to the greatest extent possible. The applicant is
required to comply with all City ordinances, as well as the California Building Code to ensure
the safety and welfare of customers and employees within the establishment. The applicant
must also update their existing Type 47 license with ABC to reflect the updated floor plan
and hours of operation.
Coastal Development Permit Findings
Pursuant to Section 21.52.015(F) (Coastal Development Permits) of the NBMC, the
Planning Commission must make the following findings to approve a Coastal
Development Permit:
1. Conforms to all applicable sections of the certified Local Coastal Program; and
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
The Corridor Commercial (CC) coastal zoning district category allows for eating and
drinking establishments within the coastal zone. The existing restaurant building and
associated site (including parking lot and landscaping) was approved by Use Permit No.
3564 and Site Plan Review No. 73, which included approval of a Coastal Development
Permit. The proposed project does not include any modifications that would expand the
existing building or modify the existing site.
The property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is at
Corona Del Mar State Beach and is not visible from the site. The proposed project does
not include any modifications that would expand the existing building or modify the
existing site in a way that would encroach into any viewshed of the beach. Additionally,
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the project does not contain any unique features that could degrade the visual quality of the
coastal zone.
The project includes an expansion of operating hours to include lunch service, where the
existing operation only provides dinner. Although the Property is within the proximity of
Corona del Mar State Beach, the adjacent public parking lots do not serve as beach
parking given the distance from the closest beach access points. There are multiple public
parking options for visitors that are in closer proximity to the beach, such as the Corona
del Mar State Beach parking municipal lot and street parking on Ocean Boulevard and
other residential streets within Corona del Mar. As discussed above, two (2) municipal
parking lots are located adjacent to the project site on Bayside Drive. They were observed
during two separate visits to have ample available parking during summer weekday
hours. Therefore, the expansion of hours to allow for lunch service is not anticipated to
interfere with the overall parking supply for beach visitors.
Summary and Alternatives
Staff believes the findings for approval can be made in a positive manner, as the request
consists of minor modifications to the previously approved Conditional Use Permit.
However, 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 require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial, and allow staff to prepare a revised resolution for denial of
the project.
Environmental Review
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, 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
project consists of modification of operation hours and seating plan for an existing
restaurant that involves minor interior alterations to existing structures involving negligible
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or no expansion of use, and further no addition of floor area. As such, the project is not
expected to prove detrimental to the surrounding area.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants
of property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by: Submitted by:
________________________
Kelly Ribuffo
Consultant Planner
DL/kr
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Police Department Memorandum
PC 3 Applicant’s Project Description
PC 4 Use Permit No. 3564 and Site Plan Review No. 73
PC 5 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2023-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT, WHICH SUPERSEDES CONDITIONAL USE PERMIT
UP3564, TO MODIFY THE HOURS OF OPERATION AND FLOOR
PLAN FOR AN EXISTING RESTAURANT OPERATING WITH A
TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 3201 EAST COAST HIGHWAY (PA2023-0063)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Andrew Yapp (“Applicant”), with respect to property located at
3201 East Coast Highway, and legally described in Exhibit “A,” which is attached hereto
and incorporated herein by reference (“Property”).
2. The Applicant proposes to modify Use Permit No. 3564 and Site Plan Review No. 73
modify the hours of operation from 4:00 p.m. to 12:00 a.m., daily, to 11:00 a.m. to 12:00
a.m., daily, for an existing eating and drinking establishment (hereon referred to as the
“Restaurant”) which includes the sale of alcoholic beverages pursuant to a Type 47 (On-
Sale General – Eating Place) Alcoholic Beverage Control (ABC) License. Additionally, the
Applicant proposes to modify the approved seating layout without changing the existing
net public area (“Project”). Approval of the Project would supersede Use Permit No. 3564
and Site Plan Review No. 73.
3. The Property is categorized Corridor Commercial (CC) by the General Plan Land Use
Element and is located within the Commercial Corridor (CC) Zoning District.
4. The Property is located within the coastal zone. The Property is categorized as Corridor
Commercial (CC-B) (0.0 – 0.75 FAR) by the Coastal Land Use Plan and is located in the
Commercial Corridor (CC) coastal zoning district.
5. Subsequent to the approval of Use Permit No. 3564 and Site Plan Review No. 73, a
coastal development permit (“CDP”) was approved by the California Coastal
Commission (“CCC”) on October 10, 1995, which states that a change in hours of
operation requires an amendment to the CDP. Therefore, the Project requires a CDP.
6. A public hearing was held on July 6, 2023 in the Council Chambers at 100 Civic Center
Drive, Newport Beach. 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 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this public hearing.
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Page 2 of 17
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 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project consists of modifications to the operational hours and
seating layout for an existing restaurant. The Project would also allow minor interior
alterations to existing structures involving negligible or no expansion of use, and further
no addition of floor area. As such, the Project meets the criteria for the Class 1
exemption.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the findings and facts in support of such findings are set forth as follows:
Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in Reporting District 44 (RD 44). RD 44 exceeds the citywide average
and is considered a higher crime area as compared to other reporting districts. The
crime count in RD 44 is 213, which is 111 percent over the citywide crime count
average of 101. Since this area has 20 percent or greater reported crimes than the
average number of reported crimes as determined from all crime reporting districts
within the city, the area is found to have undue concentration. However, RD 44
contains many visitor- and tourist-serving nonresidential uses along East Coast
Highway. Corona del Mar consists of several restaurants that serve residents and
visitors to the area. The intent of the Commercial Corridor (“CC”) zoning district is to
provide areas appropriate for a range of neighborhood-serving retail and service
uses along street frontages that are located and designed to foster pedestrian
activity. Areas near the beach have a higher concentration of visitor-serving
commercial land uses and, therefore, tend to have a higher crime rate than other
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Planning Commission Resolution No. PC2023-027
Page 3 of 17
areas in the City. Furthermore, since the existing restaurant currently maintains
alcohol sales, the additional lunch hours are unlikely to increase crime in the area.
2.The Newport Beach Police Department (“NBPD”) has reviewed the proposed use.
Based on the location, operational characteristics, and closing hours, the NBPD has
no objection to the proposed modifications to the hours of operation for the existing
Type 47 ABC License, subject to appropriate conditions of approval, which are
included in Exhibit “A” attached to this Resolution.
ii.The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1.Due to the higher concentration of commercial land uses, RD 44 is reported to ABC
as a high crime area as compared to other reporting districts in the City. The highest
volume crime in this area is vandalism. The highest volume arrest in the area is for
driving under the influence (“DUI”). DUI, public intoxication, and liquor law violations
make up 24 percent of arrests in this reporting district. However, the area is
considered an attractive tourist area in the city, which results in a higher number of
alcohol-related calls for service, crimes and arrests.
2.During 2021, the Restaurant had 23 dispatch events to the location, but these calls
did not result in any alcohol-related arrests. The Restaurant did not receive any
alcohol-related citations within the same period. Therefore, the NBPD has no
concerns with the proposed application. In addition, updated conditions of approval
have been provided to bring conditions related to alcohol sales to current standards.
iii.The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1.Although the Project is located near a residential district, the Property is a single-
tenant commercial building that is situated in a commercial zoning district abutting
East Coast Highway. Residential neighborhoods are located across Bayside Drive
to the southwest. However, the restaurant is oriented towards East Coast Highway
and is buffered from residential by the on-site parking lot and adjacent municipal
parking lot.
2.The Project is not in proximity to a religious facility, daycare center, park, recreational
facility, school, or similar uses that attract minors. The nearest school is Harbor View
Elementary School, which is over 2,000 feet northeast of the restaurant. Since 1996,
the Restaurant has been in operation at this location with alcohol sales without
causing detriment to the surrounding neighborhood.
3.Alcohol sales currently exist on the Property and the additional hours of operation
are not anticipated to be detrimental to the community because of the proximity to
any sensitive land uses, especially with the allowed operation narrowed by the
Conditions of Approval.
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iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The Property is located within census tract 627.02. This census tract has an
approximate population of 4,515 residents with 15 active on-sale alcohol licenses
which is a per capita ratio of one on-sale license for every 251 residents. The per
capita ratio of on-sale alcohol licenses for Orange County is one license for every
822 residents. This location meets the legal criteria for undue concentration
pertaining to alcohol establishments.
2. Several other establishments along East Coast Highway currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by Title 20 (Planning and Zoning) of the
NBMC. The closest establishment selling alcoholic beverages for on-site
consumption is The Quiet Woman, which is located approximately 130 feet away at
3224 East Coast Highway and has a Type 47 (On-Sale General - Eating Place)
license.
3. The Project’s proximity to other establishments selling alcohol does not raise
concern due to the limited characteristics of the use, including 3,190 square feet of
interior net public area with conditioned hours of operation are from 11:00 a.m. to
12:00 a.m., Monday through Sunday. The proposed cessation of alcohol sales is no
later than the current allowed hours approved by Use Permit No. 3564 but will allow
for lunch service in addition to existing dinner service hours. Conditions of approval
will further prevent the establishment from operating as a bar, lounge, or nightclub.
4. Although the per capita ratio of on-sale alcohol licenses to residents is higher than
the average in the County and the Property is proximate to establishments selling
alcoholic beverages for on-site and off-site consumption, the operational conditions
of approval recommended by the NBPD and requirement to obtain an operator’s
license will ensure compatibility with the surrounding uses and minimize alcohol
related impacts.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The Property has
historically been used as a restaurant. There is no evidence that suggests the Project
will create objectionable conditions with the proposed hours of operation.
2. The Project has been reviewed by the NBPD, which has provided several conditions of
approval as provided in the draft resolution. The conditions of approval help to ensure
that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is
maintained and that a healthy environment for residents and businesses is preserved.
The NBPD does not anticipate detrimental conditions due to the proposed limited
operational characteristics and conditions.
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3. As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
4. The Project does not propose live music or dancing. Condition of Approval No. 6 limits
the hours of operation and Condition of Approval No. 10 prohibits live entertainment and
dancing, respectively.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use category for the Property is Corridor Commercial (“CC”) ,
which is intended to provide a range of neighborhood-serving retail and service uses
along street frontages that are located and designed to foster pedestrian activity. The
Project proposes to include lunch hour service at an existing restaurant that fronts East
Coast Highway.
2. The Restaurant is in a commercial area and is surrounded by retail commercial and
professional office uses. Restaurant uses of this type with alcoholic beverages services
are complementary to the surrounding commercial uses. The proposed change of hours
and minor change the seating plan serves to enhance the existing restaurant as an
amenity to the area that is consistent with the underlying land use.
3. The Project is consistent with the following General Plan Land Use policies, applicable
to the Project:
a. Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy
that provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality
community services.
The Project provides an expanded lunch option in the commercial corridor of Corona
del Mar. The Project will also provide employment opportunities for restaurant
employees.
b. Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that
support the needs of Newport Beach’s residents including housing, retail, services,
employment, recreation, education, culture, entertainment, civic engagement, and
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social and spiritual activity that are in balance with community natural resources and
open spaces; and
c. Land Use Element Goal LU 6.20. A pedestrian-oriented “village” serving as the
center of community commerce, culture, and social activity and providing identity for
Corona del Mar.
The Project is located within the commercial district of Corona del Mar. The Property
is a highly visible commercial building to visitors and residents traveling along East
Coast Highway. The Project will provide an additional attraction for visitors to the
Corona del Mar neighborhood and promote culture and social activity.
4. The Property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is located in the Corridor Commercial (“CC”) zoning and coastal zoning
districts, which intend to provide areas appropriate for a range of neighborhood-serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. Eating and drinking establishments with alcohol service are allowed
uses, subject to the approval of a use permit. The Project is an expansion of operating
hours from 4 p.m. to 12 a.m., daily, to 11 a.m. to 12 a.m., daily, as well as a minor
modification to the interior seating plan layout.
2. The Project will allow the existing restaurant to provide lunch service. The Restaurant is
located along the East Coast Highway street frontage and will serve as an additional
attraction located in the commercial district of Corona del Mar.
3. The existing restaurant has operated under Use Permit No. 3564 and Site Plan Review
No. 73, which was approved by the Planning Commission on August 10, 1995. The use
permit authorized the construction of a new full-service restaurant with alcoholic
beverage service and the waiver of 43 required on-site parking spaces. Since the Project
does not modify the net public area, there is no change to the parking requirement.
4. A condition of approval was included in UP3564 which limited the hours of operation
from 4 p.m. to 12 a.m., daily. The Project modifies the hours of operation to 11 a.m. to
12 a.m., daily, which does not conflict with the list of permitted uses for the Corridor
Commercial (CC) zoning district. Restaurants are a permitted use and the applicant
proposes to extend the hours of operation of an existing licensed restaurant to provide
lunch service.
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Finding:
D.The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity
Facts in Support of Finding:
1.Commercial uses, including restaurants, are common along East Coast Highway in
Corona del Mar and serve both visitors and residents. Conditions of approval are
included to ensure that the Project is compatible with the land uses permitted within the
surrounding neighborhood.
2.The Restaurant is located within an existing single-tenant commercial building and
complements the existing mix of retail, service, and restaurant uses in the immediate
area.
3.As conditioned, the Restaurant will operate between 11:00 a.m. and 12:00 a.m., daily.
The proposed hours are no later than the hours approved by Use Permit No. 3564 and
will allow for lunch service in addition to existing dinner service hours. The closing hours
will help ensure there is no detriment to the adjacent residential neighborhood.
4.Use Permit No. 3564 included a waiver for on-site parking which was granted due to the
Project’s proximity to two municipal parking lots. The municipal parking lots ensure
adequate parking for this area of the Corona Del Mar commercial district.
5.The expansion of hours of operation is not anticipated to cause significant additional
demand which would be incompatible with the surrounding neighborhood. Staff
conducted site visits on two separate summer weekdays and observed that an average
of two of the 33 available parking spaces were occupied in the adjacent municipal lot on
Bayside Drive, and an average of six of 19 available parking spaces were occupied in
the municipal lot on the corner of Larkspur Avenue and Bayside Drive between the two
site visits. Additionally, public street parking is available on Larkspur Avenue
(approximately five spaces), Bayside Drive (approximately eight spaces), and East
Coast Highway (three striped spaces).
6.The NBPD has reviewed the Project and has no objections. The operational conditions
of approval recommended by the NBPD related to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The Project has been conditioned to ensure the welfare of the surrounding
community.
Finding:
E.The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
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Facts in Support of Finding:
1.The Project is located within an existing single-tenant restaurant building. The existing
site development, including the building and the 23-space on-site parking lot, is in
substantial conformance with the development approved with Use Permit No. 3564 and
Site Plan Review No. 73. No modifications to the exterior of the building or site are
proposed as part of this application.
2.The Applicant is required to obtain Orange County Health Department comply with
Building Code to ensure the safety and welfare of customers and employees within the
Restaurant.
3.No site modifications are proposed as part of the Project that would alter or impede
adequate public and emergency vehicle access, public services, and utilities are
provided for the Property.
4.The tenant improvements to the Property will be reviewed to comply with all Building,
Public Works, and Fire Codes. All City ordinances and all conditions of approval will be
complied with.
Finding:
F.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1.As conditioned, the Restaurant will operate between 11 a.m. and 12 a.m., Monday
through Sunday. The proposed hours are no later than the hours approved by Use
Permit No. 3564 and will allow for lunch service in addition to existing dinner service
hours. The closing hours will help ensure there is no detriment to the adjacent residential
neighborhood.
2.The Type 47 (On Sale General – Eating Place) ABC License will provide dining services
as a public convenience to the surrounding residential neighborhood as well as to
visitors. The service of alcohol will complement the principal use of the facility as a
restaurant and provide an economic opportunity for the Owner to maintain a successful
business in a way that best serves the community.
3.As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
4.Fact 5 of Finding D is incorporated herein by reference.
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Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits) of the NBMC, the
Planning Commission must make the following findings to approve a Coastal Development
Permit (CDP) as follows:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Property is located in the CC coastal zoning district, allows for food service
establishments within the coastal zone.
2. The existing restaurant was authorized by the Planning Commission through Use Permit
No. 3564 and Site Plan Review No. 73. Subsequent to these approvals, a CDP was
approved by the CCC on October 10, 1995, which states that a change in hours of
operation requires an amendment to the CDP. Other than the proposed change in hours
of operation and minor changes to the seat layout, the Project does not include any
modifications that would expand the existing building or modify the existing site.
3. The Property is located on an inland property in a developed area approximately 1,300
feet from the Corona Del Mar State Beach. The Property is separated from the beach
(the nearest body of water) by the residential neighborhood located between Bayside
Drive and Ocean Blvd. The Property is not located adjacent to a coastal view road, public
access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest
coastal viewpoint is at Corona Del Mar State Beach and is not visible from the site. The
Project does not include any modifications that would expand the existing building or
modify the existing site in a way that would encroach into any viewshed of the beach.
Additionally, the Project does not contain any unique features that could degrade the visual
quality of the coastal zone.
Finding:
H. 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.
Facts in Support of Finding:
1. The Property is not located between the nearest public road and the sea or shoreline.
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC
requires that the provision of public access bear a reasonable relationship between the
requirement and the project’s impact, and be proportional to the impact. In this case, the
Project involves permitting of an existing commercial restaurant along East Coast
Highway. Therefore, the Project does not involve a change in land use, density, or intensity
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that will result in increased demand for public access and recreation opportunities.
Furthermore, the Project does not include any building or site modification that could block
or impede existing public access opportunities.
2. Access to the beach is available to the southwest via Larkspur Avenue to Ocean Boulevard
and on to Corona Del Mar State Beach. The Project does not include any features that
would obstruct access along these routes.
3. The Project includes an expansion of operating hours to include lunch service, where
the existing operation only provides dinner. The hours of operation are proposed to be
modified from 4 p.m. to 12 a.m., daily, to 11 a.m. to 12 a.m., daily. Although the Property
is within the proximity of Corona del Mar State Beach, it is approximately 2,000 feet from
the beach. There are multiple public parking options for visitors that are in closer
proximity to the beach, such as the Corona del Mar State Beach parking municipal lot
and street parking on Ocean Boulevard and other residential streets within Corona del
Mar. The expansion of hours to allow for lunch service does not interfere with the overall
parking supply for beach visitors.
4. Fact 5 of Finding D is incorporated herein 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 PA2023-0063,
subject to the conditions set forth in Exhibit “B,” which are 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 Use Permit No. 3564 and Site Plan Review No. 73, which upon
vesting of the rights authorized by PA2023-0063, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF JULY, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Vacant, Secretary
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EXHIBIT “A”
LEGAL DESCRIPTION
APN 459-194-01
Real Property situated in the County of Orange, State of California, described as follows:
Parcel 1: Lots One (1) and Two (2) in Block “J” of “Tract No. 323”, as shown on a Map
Recorded in Book 14, pages 40 and 41 of Miscellaneous Maps, records of Orange County,
California.
Parcel 2: All of those portions of Pacific Drive (formerly Electric Way) and Marguerite
Avenue, as shown on the Map of “Tract No. 323” recorded in Book 14, pages 40 and 41 of
Miscellaneous Maps, records of Orange County, California, abandoned by Resolution of the
Board of Trustee of the City of Newport Beach on February 7th, 1927, described as beginning at
the intersection of the South-easterly line of Larkspur Avenue and the North-easterly line of Pacific
Drive; thence South 39° 38’ West along the South-easterly line of Larkspur Avenue a distance
of 25.18 feet to a point; thence South 57° 13’ 45” East along a line, which line is 25 feet South-
westerly of and parallel with the North-easterly line of Pacific Drive, a distance of 218.12 feet
to a point; thence Easterly, North-easterly, Northerly and North-westerly around a circular curve
with a radius of 20.13 feet concave to the North-west, a distance of 55.26 feet to a point in the
South-westerly line of Coast Boulevard, which South-westerly line of Coast Boulevard is also
the Northeasterly line of Lot Two (2) in Block “J” of said Tract No. 323; thence South-westerly,
Southerly, South-westerly, Westerly and North-westerly along the North-easterly, Easterly,
South-easterly and South-westerly line of said Lot Two (2) in Block “J”, and along the North-
easterly line of Pacific Drive to the point of beginning.
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EXHIBIT “B”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved site plan and floor
plan stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2.The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3.The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this CUP.
4.This CUP may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
5.Any change in operational characteristics, expansion in area, or other modification to
the approved plans of the restaurant, shall require subsequent review and approval by
the Planning Division. If deemed significant, an amendment to this CUP or the
processing of a new use permit may be required.
6.The hours of operation shall be between 11:00 a.m. and 12:00 a.m., daily. All patrons
shall leave the premises by the identified closing hour.
7.The interior net public area of the restaurant shall be limited to 3,190 square feet.
8.All employees shall park on-site.
9.Valet operations shall be prohibited unless an amendment to this use permit is approved
by the Planning Commission.
10.There shall be no live entertainment or dancing on the premises.
11.A copy of the Resolution, including conditions of approval Exhibit “B” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
12.The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
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Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
13. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
14. 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. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
15. 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.
16. 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 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m.
on Saturday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
19. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
20. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
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21. 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.
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
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this CUP.
24. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
25. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
26. 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 Bandera Restaurant including, but not limited to, PA2023-0063 This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorney’s 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, attorney’s 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.
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Building Division
27. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
Police Department
28. The Alcoholic Beverage Control License shall be limited to a Type 47 (On Sale General
– Eating Place). Any substantial change in the ABC license type shall require
subsequent review and potential amendment of the Conditional Use Permit.
29. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the Conditional
Use Permit.
30. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible beverage service within
60 days of hire. The certified program must meet the standards of the State of California.
Records of each owner’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.
31. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
32. 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.
33. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
34. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
35. 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.
36. 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
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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.
37.“VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
38.Strict adherence to maximum occupancy limits is required.
39.The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
40.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.
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Attachment No. PC 2
Police Department Memorandum
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: David Lee, Senior Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 18, 2023
SUBJECT: Bandera
3201 Coast Hwy E.
At your request, the Police Department has reviewed the project application for Bandera located
at 3201 Coast Hwy E., Newport Beach. The applicant is seeking a use permit to allow the
restaurant to open for lunch. If approved, the hours will adjust from 4:00 p.m. to 12:00 midnight
daily, to 11:00 a.m. to 12:00 midnight daily. There are no other changes proposed.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 3201 Coast Hwy E.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 44, Corona Del
Mar.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the “Crime Count” which is indicated on the attached statistical
data form.
This reporting district is reported to ABC as a high crime area as compared to other Reporting
Districts in the City. The RD’s Crime Count is 213, 111% over the City-wide crime count average
of 101. Since this area has a 20% or greater number of reported crimes than the average number
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of reported crimes as determined from all crime reporting districts within the City, the area is
found to have undue concentration. In comparison, neighboring RD 43 is 64% below the City-
wide average, RD 45 is 73% below the City-wide average, and RD 47 is 62% below the average.
Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is vandalism. The highest volume of arrests in the area is
DUI.
DUI, Public Intoxication, and liquor law violations make up 24% of arrests in this reporting district.
In comparison, the figure for neighboring RD 43 is 28%, RD 45 is 10% and RD 47 is 18%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics:
The applicant premise is located within census tract 627.02. This census tract has an
approximate population of 4,515 residents with 15 active on-sale alcohol licenses. That is a per
capita ratio of 1 license for every 251 residents. Per the Business and Professions code, we
compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents and we find census tract 627.02 is over saturated with alcohol licenses per the
specified criteria.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
The Police Department has no concerns with the application provided. Approval of this project
provides the opportunity to bring the conditions commensurate with current standards. Please
review the below proposed conditions for this project.
1.The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General).
Any substantial change in the ABC license type shall require subsequent review and
potential amendment of the Use Permit.
2.The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3.All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible beverage service within
60 days of hire. The certified program must meet the standards of the State of California.
Records of each owner’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.
4.The eating and drinking establishment shall close no later than 12:00 midnight, daily.
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5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6. 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.
7. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
8. There shall be no live entertainment or dancing allowed on the premises.
9. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10. 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.
11. 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.
12. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
13. Strict adherence to maximum occupancy limits is required.
14. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
15. 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, and debris 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.
16. 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.
17. Strict adherence to maximum occupancy limit is required.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
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If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
40
CITATIONS
PART I
CRIMES
PART II
CRIMES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
3201 East Coast Hwy 23 0 1 N/A N/A 0 0 0 0 N/A 0
Subject RD:
RD44 6,546 103 163 3,689.11 BURG/THEFT
FROM AUTO 144 18 16 1 DRUG-RELATED 13
Adjacent RD:
RD43 913 19 21 1,152.21 VANDALISM 18 3 2 0 DRUG-RELATED 1
Adjacent RD:
RD45 551 13 16 549.45 BURG/THEFT
FROM AUTO 20 0 2 0 DRUG-
RELATED 2
Adjacent RD:
RD47 1,023 17 24 605.20 FRAUD 33 5 1 0 DUI 0
Newport Beach 97,176 1,789 3,222 2,063.58 BURG/THEFT
FROM AUTO 2,959 511 285 4 DRUG-
RELATED 449
Subject:
Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
3201 East Coast Hwy N/A 0 N/A 0 N/A 0 N/A 3201 East Coast
Hwy 0 N/A N/A
Subject Census
Tract: 627.02 4,515 15 301 5 903 20 226 Subject RD:
RD44 213 +112 +111%
Adjacent Census
Tract: 627.01 2,667 11 242 2 1,334 13 205 Adjacent RD:
RD43 36 -65 -64%
Adjacent Census
Tract: 626.43 7,333 13 564 6 1,222 19 386 Adjacent RD:
RD45 27 -74 -73%
Adjacent Census
Tract: 626.42 2,849 1 2,849 2 1,425 3 950 Adjacent RD:
RD47 38 -63 -62%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 3,852
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
RD Average = 101
ABC CRIME COUNT
REPORTED CRIMES
Summary for Banderas at 3201 East Coast Hwy (RD44)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2021. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. Crime
Rate refers to the number of Part I Crimes per 100,000 people. All Population figures taken from the 2020 US Census. Per BP 23958.4, the "ABC Crime Count" is the sum of Part I Crime plus Part II Arrests.
CHIEF JON T. LEWIS
Newport Beach Police Department
2021 Crime and Alcohol-Related Statistics
as of 6/29/2022
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Attachment No. PC 3
Applicant’s Project Description
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Southern California Land Use www.southerncalifornialanduse.com
407 N Pacific Coast Hwy suite 1043
Redondo Beach, California 90277 888 311 6740
Date: 2/21/23
EXHIBIT A
CITY OF NEWPORT BEACH
3201 EAST CA-1. CORONA DEL MAR, CA 92625
ZONE: CC (COMMERCIAL CORRIDOR)
COMMERCIAL
REQUEST:
Southern California Land Use (Applicant) requests the following discretionary approvals:
1.Pursuant to section 20.52 of the Newport Beach Municipal Code (NBMC), the applicant requests
a Conditional Use Permit review for the adjustment of operating hours of an existing 6,047 sf
restaurant from 4pm-12am to 11am-12am.
2.Pursuant to section 21.50.020 of the Newport Beach Municipal Code (NBMC), the applicant
requests a Coastal Development Permit for the adjustment of operating hours of an existing
6,047 sf restaurant from 4pm-10pm to 11am-12am.
PROJECT DESCRIPTION
The proposed project includes the adjustment of operating hours from 4pm-12am to 11am-12am for an
existing 1-Story 6,047 sf restaurant. There is no exterior improvements or alteration proposed.
The following table summarizes the key project information:
Project Address 3201 E CA-1,Corona Del Mar CA 92625
Occupancy Group A-3
Construction Type Type V-B
APN 459-194-01
Use Restaurant
Coastal Zone Newport Beach LCP
Zoning CC
Yard Setback
Requirements
Front = 0’-0”
Side = 0’-0
Rear = 0'-0"
Lot Area 20,363 sqft
Floor Area 6,047 sqft
Hardscape (No Change)
Landscape (No Change)
Height Existing: 17’ -6” with roof projections (No Change)
Confidential Page 1 45
Southern California Land Use www.southerncalifornialanduse.com
SITE LOCATION
The subject property is located in Corona Del Mar Business Improvement District. The area is
predominantly commercial uses with surrounding residential. The surrounding area is characterized by
level topography and improved streets. Properties to the north, across Coast Highway East are zoned
CC, and are generally commercial uses. Properties to the east across Marguerite Ave are zoned CC and
are primarily commercial retail uses. To the south across Bayside Drive are zoned R-2/RM and consists of
residential developments. To the west, are zoned CC and consist of general commercial uses along the
East Coast Highway commercial strip.
The subject property is a triangular-shaped 20,363 sf corner lot.
The property is bound by the public streets Coast Highway East, to the north, Marguerite Ave to the East,
and Larkspur Ave to the west.
Currently the site is a restaurant, on one parcel designated by APN: 459-194-01.
Address and Parcel Numbers
According to the Los Angeles County Tax Assessor records, the site includes the following
Accessor Parcel Number (APN) - 459-194-01
Property Address – 3201 E CA-1
SURROUNDING USES
The surrounding properties are zoned CC, R-2, and RM 1200 and characterized by one-story commercial
and multi-story single residential buildings.
LEGAL DESCRIPTION
Lot PCL 1 Block J of the Tract 323, in the city of Newport Beach, Orange County, State of California, as
per map filed in book 3, Pages 41 and 42 inclusive of Maps, in the office of the County Recorder of said
county
STREETS AND CIRCULATION
Coast Highway East, is a public highway adjoining the subject property to the north and east, dedicated
a variable width of approximately 150 feet and fully improved with asphalt roadway, concrete curb, gutter,
and sidewalk.
Marguerite Ave, is a public street adjoining the subject property to the east, dedicated a width of 70 feet,
and is fully improved with asphalt roadway and concrete gutter.
Larkspur Ave, is a public street adjoining the subject property to the east, dedicated a width of 50 feet,
and is fully improved with asphalt roadway and concrete gutter.
Parking Required (67 covered = 67 required, 43 spaces waived per CUP 3564 )
Provided (24 covered = 24 total provided - No Change)
Seats (no change in
number)
Existing: 169
Proposed: 169 (rearranged)
Hours of Operation Existing: 4pm-12am
Proposed: 11am-12am
Employees Existing: 25
Proposed: 25
Confidential Page 2 46
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Bayside Drive, is a public street adjoining the subject property to the east, dedicated a width of 105 feet,
and is fully improved with asphalt roadway and concrete gutter.
PREVIOUS CASES, AFFIDAVITS, PERMITS, ETC. ON EXISTING PROPERTY
CONDITIONAL USE JUSTIFICATIONS AND FINDINGS
1. The use is consistent with the General Plan and any applicable specific plan;
The use is consistent with the general plan and any applicable specific plan in that the project
consists of the adjustment of operating hours for an existing permitted restaurant business. The use
is and has been approved in conformance with the Genera Plan through Use Permit No. 3564. The
adjustment of hours from 4pm-12am to 11am-12am is consistent with typical restaurant uses in the
area as well as the General Plan. There is no proposed change to the number of required or provided
parking spaces. There will be no change int he amount of proposed seating. The proposed
development will not have any significant environmental impact as the project only consists of an
adjustment of operating hours and interior tenant improvement with no exterior alterations.
2. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code
The existing building is a restaurant use as approved through Use Permit No. 3564. Therefore the
use is allowed within the applicable zoning district and complies with all other applicable provisions of
the Zoning Code and the Municipal code. The proposed project consists of an adjustment of
operating hours and interior tenant improvement with no exterior alterations.
3. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity
The design, location, size and operating characteristics of the use are compatible with the allowed
uses in the vicinity in that proposed project consists of an adjustment of operating hours and interior
tenant improvement with no exterior alterations. The proposed change in hours of operation will allow
the existing restaurant business to operate in harmony with similar surrounding businesses and
therefore improve the pedestrian experience and benefit the local economy. The exterior design,
location and size will remain unchanged.
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public
services and utilities
The site is physically suitable in terms of design, location, size, operating characteristics, and the
provision of public and vehicle access and public services and utilities in that the project consists of
an adjustment of operating hours and interior tenant improvement with no exterior alterations. There
is no proposed change to the exterior design, location, shape, and size of the property. The
adjustment of operating hours will bring the business in line with similar restaurants in the surrounding
area. Public and vehicular access will not be affected in any major manner as the site's parking and
Application / Permit
Number
PC / Job
Number
Type Status Excerpt of Work
Description
B9502910 Building Permit
Finaled
New 6,047 sf restaurant
B9801786
-Building Permit
Finaled
240sf Addition
Confidential Page 3 47
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www.southerncalifornialanduse.com
access are existing and no changes are being proposed. Public services and utilities will remain
unchanged as the project does not propose a change of use, addition or exterior alterations.
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.
Operation of the use at the proposed location 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 workin in the
neighborhood of the proposed project in that the project consists of an adjustment of operating hours
and interior tenant improvement with no exterior alterations. The restaurant use and operation is
already existing and has been in harmonious operation with the surrounding neighborhood since
1995. The adjustment of operating hours will bring the existing restaurant hours in line with similar
establishments in the surrounding area. The new hours of operation would promote growth in the city
as well as safety by eliminating an empty building during daytime hours. This would reduce
occurrences of loitering and criminal activity since the public will be granted access to the business
during the daytime. The increased pedestrian traffic would also benefit the city's economy and tax
revenues thus promoting growth of the city.
COASTAL DEVELOPMENT PERMIT FINDINGS
1. Conforms to all applicable sections of the certified Local Coastal Program (e.g. development
standards, no impacts to public views, natural resources, etc.)
The proposed project conforms to all applicable sections of the certified Local coastal Program in that
the project consists of an adjustment of operating hours and interior tenant improvement with no
exterior alterations.
Development Standards: The project as proposed conforms to all development standards as the
restaurant use has already been approved and in operation for multiple decades and the only
requested change is a minor adjustment to the hours of operation. There is no change to the exterior
or interior uses proposed.
Impact to Public Views, natural resources: The proposed project will not introduce any further impact
to public views or natural resources than what was already approved for the existing restaurant use.
The project consists of a minor request to adjust the hours of operation which would not have any
significant effect on the surrounding natural resources nor public views as there are no exterior
changes proposed.
As the project consists of an adjustment of operating hours and interior tenant improvement with no
exterior alterations, there would be no significant impact to coastal public views or natural resources.
The project already provides an adequate amount of required parking and traffic considerations as of
the 1995 Use Permit No. 3564.
2. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is located between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
The proposed project conforms with the public access and public recreation policies of chapter 3 of
the coastal act in that the project is not located between a public road and the sea or shoreline of any
body of water in the coastal zone. The subject property is in fact one of the furthest properties from
the coast in the area and is the last property to the eastern boundary of the coastal zone.
Furthermore, the project consists of only the adjustment of operating hours from 4pm-12am to
11am-12am with no exterior changes in an existing restaurant operation and building. The proposed
project is therefore beneficial to the local coastal zone and will improve the pedestrian experience and
public access to the area.
Confidential Page 4 48
Attachment No. PC 4
Use Permit No. 3564 and Site Plan Review No. 73
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Noes
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Absent
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Au st 10 1995
six feet or less in the front 30 feet along Dover Shore running 30 fee
West Coast Highway.
Ridgeway suggested reversing the sales and parking areas t would make
the fence go away somewhat more, higher items could b displayed in the
back, during non-business hours the topiary and landsc e area would be up
front and that would be consistent with shopping nters which have the
retail in the back and parking in front. As to the rking, 14 cars would be
adequate, stating that the Pottery Shack in La a Beach does not have one
parking stall. Re-design this and you woul ake away bike trail concerns,
the site line concerns, and create somethi not as obtrusive to 55,000 cars
per day.
Motion was made for approval f Use Permit No. 3562 subject to the
findings and conditions in E bit A also inclusive of the height limit as
described on Page 11 ofthe affpacket. MOTION FAILED.
* * *
Commissioner ams asked to be excused by 9:00 tonight and stated that
the next item ay conclude by that time but he would stay until 9:00. He
wanted to ank staff for the inclusion of items and issues that he brought up
at the la meeting regarding the restaurant application. He was pleased to
see t mclusions in the staff report. They made a difference to him. Gifford
on record to support these comments.
SUBJECT:
* * *
Bandera Restaurant (A Houston's Restaurant)
3201 East Coast Highway
Use Permit No. 3564 (Public Hearing)
Site Plan Review No. 73
Request to permit the demolition of an existing restaurant (former Corona
Cafe) and the construction of a new full service restaurant with on-sale
alcoholic beverage service. Also included in the request to waive a portion of
the required parking. The project is located in an area designated for specific
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ity of Newport Beach
INDEX
Agenda
Item No.
Approved
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• • MINUTES
CITY OF NEWPORT' BEACH
Aumist 10 1995
area plans which a Specific Area Plan has not been adopted, therefore, a Site
Plan Review is required.
Delino reported that staff report describes this project well and noted it is
slightly smaller and requires slightly less parking than the existing restaurant.
He directed Commission's attention to colored rendering on the board and
noted that the existing restaurant has a front door facing Coast Highway, and
that the proposed front door faces the corner of Larkspur and Coast
Highway. The colored rendering indicates the type of proposed materials.
Garcia asked if the Commissioners had a copy of Addendum and additional
conditions and explained that plans submitted for the project had indicated
that a new curb cut was proposed on Coast Highway, however the Applicant
has indicated that this was an error. They were proposing to retain the
existing curb cut. However, Public Works had indicated a concern that the
curb does not meet current City Standards and therefore requires that it be
redesigned and replaced. Applicant has been apprised of this and they have
no problems doing so. Two other conditions are noted regarding proposed
landscaping and the existing retaining wall. Staff determined that landscaping
as required by Chapter 20.72 (10% of the total site area shall be devoted to
landscaped planting area) is not adequately described on the plans submitted
with the emphasis on East Coast Highway and Marguerite Avenue sides.
Public Hearing was opened:
Applicant Eric Hildebrand, Project Manager introduced the Applicant Mr.
Robert Wilkinson, an employee of Houston's Restaurant. Mr. Hildebrand
proceeded to distribute items that gave close up view of elevations, letters of
intent, fact sheets and examples of the menu.
Mr. Robert Wilkinson, Phoenix, Arizona, thanked the Commission for
considering the application and stated the addition of the restaurant will
~nhance the area. The new building will fit within the neighborhood, more
than what is there now. This restaurant will be dinner only operation, no
entertainment, and is based on family and neighborhood. A bar is within the
restaurant, not separate, and is used only as a waiting area. There will be no
-10-
City of Newport Beach
INDEX
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• MINUTES
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AUQUSt 10. 1995
drink specials and no entertainment. The concept is based on family. The
first restaurant is operational in Scottsdale and the second one soon to open
in Fairway, Kansas. The intent of the landscape is to be part of the
neighborhood. The menu is based on rotisserie, chicken and lamb all from
scratch. They have an eighteen year history of restaurant business and have
never had to close any operation.
Ridgeway asked Hildebrand to describe materials on the building. The staff
report was read by Hildebrand and he agrees with all the conditions within it.
Secondly, he introduced Mr. John Staley who is a Senior Associate
responsible for compliance with City conditions. The addendum has been
reviewed and agreed upon by Hildebrand and Applicant.
Mr. John Staley, Laguna Hills (Steven Langford, Architect), designer of
restaurant gave an in-depth description of outside materials of restaurant
including weathered shingle that would · silver, yellow awnings, green glazed
roof tile, window frames are louvered with mahogany stain, incandescent
back light ( controlled), entry will be made of cedar, trellis design with a
caramel stain. It will be subdued internally with residential scale and
architectural design.
Kranzley asked Wilkinson about the use of valet parking. Valet parking is
not to be used at the restaurant because it is a family restaurant and the cost
would have to go into menu prices or guests would have to pay. The
parking situation is adequate, they are not concerned with beach parking
filling up the lot. Also, because of family business, average table tum time is
45 minutes in Scottsdale.
Ridgeway confirmed with staff that public parking lot adjacent to the
restaurant has 3 3 stalls and 18 at lot across Larkspur as shown on the site
plan. They are not computed as part of this project, no formal agreement.
Adams asked staff if the application is set up to restrict hours of operation for
this permit to evening only. Staff answered that Applicant would have to
come back for another permit if they wanted to open for lunch. Adams
asked if 8 1/2 feet parking stalls are standard, Webb answered, ''yes."
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Aumist 10. 1995
Adams asked if any other businesses in the area formally use the adjacent
public parking areas to satisfy their parking requirements? Staff answered
none they are aware of.
Selich asked Wilkinson about the plans for the existing sign structure.
Wilkinson indicated the sign structure would be removed, however,
Hildebrand indicated it would be used. Selich also asked about the
appearance of the retaining wall down towards Bayside Drive. Selich asked
Applicant if he would be agreeable to a condition to improving the wall in
some way that is compatible with the building irrespective of what the
structural study indicates. Hilderbrand would architecturally treat the wall.
Thomson asked if the Applicant would, as an off set to the City, allow the
City to put parking meters on Applicant's lot for daytime use. Ridgeway
commented prior to answer by the Applicant that he felt that the City would
not be allowed to do that. Clauson stated that there is a concern about taking
private property for public use, and liability maintenance for the parking lot, if
lot is not chained off because of use by delivery trucks.
Gifford asked Wilkinson if he had reviewed the supplemental conditions
regarding landscape along the frontage of the parking lot as it curves around
the comer from Pacific Coast Highway to Marguerite Avenue. Wilkinson
stated his understanding is that they have more than adequate landscape but
he would be willing to go forward with landscape as mentioned in the
condition. It makes reference to the frontage where the restaurant is and not
necessarily where the parking lot is. Wilkinson stated that it does wrap
around and includes the frontage past the structure itself and Marguerite.
Selich indicated that a portion of land referred to at the comer of Coast
Highway and MacArthur will be included in the landscape area. Applicant
may have to obtain an Encroachment Permit. This is covered under condition
29.
Phil Sansone, 215 Marguerite, Corona del Mar, chairman of the Corona del
Mar Resident Association supported the project. In regards to · the public
parking lot in question, he stated that it is the most underused lot in the City.
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1~ity of Newport Beach
INDEX
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Motion
Ayes
Absent
*
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CITY OF NEWPOITT BEACH
August 10, 1995
He recommends that the Applicant chain lot to increase short term parking
facing Marguerite and long term parking for employees working on Bayside
Drive. If lot was opened, it will be full until 4 o'clock in the afternoon.
Sansone expressed concern with Applicant assuming responsibility of
landscape of wrap-around area due to liability. The community welcomes
this project.
Francis Boero and Eugene Boero, Trustees of property stated that the family
has owned the property for last 50 years and that the Bandera Restaurant will
address many of the resident complaints and improve area. It has been a long
search for the appropriate operator for this restaurant and they feel it would
be a great addition to the community.
Public Hearing was closed.
Motion was made for approval of Use Permit No. 3564 and Site Plan
Review No. 73 subject to the findings and conditions in Exhibit A and No. 30
that the retaining wall shall be architecturally treated to the satisfaction of
Building Department and the Public Works Department.
Ridgeway noted that while the hours of operation applied for are 4 p.m. to
midnight, he would entertain discussion to change those hours from 11 a.m.
to 12 p.m. to give the Applicant the opportunity later to serve lunch or he
would defer discussion for a separate application or amendment to this Use
Permit however the Commission sees fit. Adams would prefer the Applicant
to return if they decide to pursue that.
Applicant was asked for input and stated that they would be happy to come
back to apply for additional time, but right now they are not interested in it.
Motion was voted, MOTION CARRIED
Findings:
1. That the proposed development is consistent with the General Plan and
is compatible with surrounding land uses.
-13-
''ity of Newport Beach
INDEX
55
ROLL
CALL
• MINUTES
CITI OF NEWPORf BEACH
Anm•st 10 1991::i
2. That adequate on-site parking is available for the existing and proposed
uses.
3. That the proposed development will not have any significant
environmental impact.
4. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through or use
of property within the proposed development.
5. That public improvements may be required of a developer per Section
20.80.060 of the Municipal Code.
6. That the waiver of development standards as they pertain to walls
surrounding the restaurant site and a portion of the required off-street
parking ( 4 3 spaces), will not be detrimental to surrounding properties.
7. That adequate provision for vehicular traffic circulation is being made
for the restaurant facility.
8. The approval of Use Permit No. 3564 will not, under the
circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
and further that the proposed modification related to the proposed
signing is consistent with the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted below.
2. That a minimum of24 parking spaces shall be provided on-site.
-14-
~ity of Newport Beach
INDEX
56
MINUTES
CITY OF NEWPOITT BEACH
Au_?11st 10. 1995
ROLL
CALL INDEX
3. That the development standard pertaining to a portion of the required
parking (43 spaces) and walls shall be waived.
4. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
5. That grease interceptors shall be installed on all fixtures in the
restaurant where grease may be introduced into the drainage systems,
unless otherwise approved by the Building Department and the Public
Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and odor
to the satisfaction of the Building Department.
7. That the proposed restaurant facility and related parking structure shall
conform to the requirements of the Uniform Building Code.
8. That the project shall comply with State Disabled Access requirements.
9. That all improvements be constructed as required by Ordinance and the
Public Works Department.
10. That arrangements be made with the Public Works Department in
order to guarantee satisfactory completion of the public
improvements, if it is desired to record a parcel map or obtain a
building permit prior to completion of the public improvements.
11. That the existing sewer lateral be inspected by the Utilities Division
and be brought up to current standards prior to occupancy of the
restaurant if it does not presently conform to current standards.
12. That the intersection of the private East Coast Highway and the
private drive be designed to provide sight distance for a speed of 45
miles per hour. Slopes, landscape, walls and other obstruction shall
be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in height.
-15-
City of Newport Beach 57
ROLL
CALL
• MINUTES
Cl1Y OF NEWPORf BEACH
Auo11st 10 1995
13. That unused driveways be removed and replaced with curb, cutter
and sidewalk; that deteriorated and displaced sections of sidewalk
be reconstructed along the East Coast Highway frontage; and that
the large bushes along the Larkspur A venue parkway be removed in
order to provide site distance from the adjacent driveway. That all
work along the East Coast Highway frontage be completed under
an encroachment permit issued by the California Department of
Transportation and that all work along the Larkspur Avenue
frontage be completed under an encroachment permit issued by the
Public Works Department.
14. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. There shall be no
construction storage or delivery of materials within the East Coast
Highway right-of-way.
15. That the on-site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City Traffic
Engineer.
16. That a valet operations plan shall be prohibited unless an amendment to
this use permit is approved by the Planning Commission.
17. That all employees shall park on-site.
18. That the hours of operation shall be limited between 4:00 p.m. and
12:00 midnight, daily.
19. That all trash areas shall be screened from adjoining properties and
streets.
-16-
'"'ity of Newport Beach
INDEX
58
ROLL
CALL
MINUTES
CITY OF NEWPORT' BEACH
A11!!1H't 10 1995
20. That the project shall be designed to eliminate light and glare spillage
on adjacent properties and public streets.
21. That no outdoor loudspeaker or paging system shall be permitted in
conjunction with the proposed operation.
22. That a washout area for refuse containers be provided in such a way as
to allow direct drainage into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the Building Department
and the Public Works Department.
23. That the introduction of dancing and/or live entertainment shall be
prohibited unless an amendment to this use permit is first approved by
the Planning Commission.
24. That the approval is only for the establishment of a restaurant as
defined by Title 20 of the Municipal Code, as the principal purpose is
for the sale of food and beverages with sale and service of alcoholic
beverages incidental to the restaurant use.
25. That the building is required to provide the following, to the
satisfaction of the Fire Department, for Fire Prevention purposes:
a. A U.L. Central Station monitored automatic fire
sprinkler system; and
b. A U.L. Standard 300 Fire Protection hood system; and
c. Emergency lighting and posted occupancy loads; and
d. The Fire Department connection shall be located on East
Coast Highway side of the property; and
e. The exit balcony must have another stair near the exit
door or rate all openings (windows) adjoining balcony.
-17-
City of Newport Beach
INDEX
59
ROLL
CALL
• MINUTES
CI1Y OF NEWPORT' BEACH
Aufillst 10. 1995
26. That the Planning Commission may add to or modify conditions of
approval to this Use Pennit or recommend to the City Council the
revocation of this Use Pennit, upon a determination that the operation
which is the subject of this Use Pennit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the
community.
27. That this Use Pennit shall expire unJess exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
28. That the curb cut at the entry drive at East Coast Highway shall be
redesigned and replaced n accordance with City Standards 166-L,
unJess otherwise approved by the Public Works Department.
29. That landscaping shall be provided in accordance with Chapter 20.72
and further that particular attention for landscaping be provided on
East Coast Highway and Marguerite Avenue frontages of the subject
property, to minimize the visual impact of the parking lot area. That a
landscape plan shall be approved to the satisfaction of the Planning
Department and the Public Works Department for visual treatment as
well as sight distance.
30. That a condition survey of the existing retaining wall be conducted to
detennine the structural integrity and that the recommendations of that
study shall be incorporated into the construction plans for the facility to
the satisfaction of the · Building Department and the Public Works
Department. That the wall shall be architecturally treated, regardless of
the structural recommendations of the condition study, to the
satisfaction of the Planning Director.
-18-
~City of Newport Beach
INDEX
60
ROLL
CALL
• MINUTES
CITI OF NEWPORT BEACH
Aul!llst IO. 1995
B. Site Plan Review No. 73
Findings:
1. That development of the subject property will not preclude
implementation of specific General Plan or Specific Area Plan
objectives and policies.
2. That the value of property is protected by preventing development in
Specific Area Plan Areas characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate placement
of structures and failure to preserve where feasible natural landscape
features, open spaces, and the like, resulting in the impairment of the
benefits of occupancy and use of existing properties in such area.
3. That benefits derived from expenditures of public funds for
improvement, acquisition and beautification of streets, parks, and other
public facilities are maximized by the exercise of reasonable controls
over the layout and site location characteristics of the proposed
development.
4. That unique site characteristics are protected in order to ensure that the
community may benefit from the natural terrain, harbor and ocean, to
preserve and stabilize the natural terrain, and to protect the
environmental resources of the City.
5. That the site does not contain any unique landforms such as coastal
bluffs.
6. That the development is compatible with the character of the
neighborhood and will contribute to the orderly and harmonious
development of surrounding properties and the City.
7. That there are no unique site characteristics or environmentally
sensitive areas on-site which should be protected.
-19-
C:;ity of Newport Beach
INDEX
61
ROLL
CALL
Motion
Ayes
Absent
*
* * * * *
* *
• MINUTES
8.
9.
CITY OF NEWPORf BEACH
Au st 10 1995
The property does not contain any areas of unique geologic hazards.
The development is consistent with the Land Use Element of the
General Plan of the City of Newport Beach and is compatible with
surrounding land uses.
IO. That there are no archeological or historical resources on-site.
11. That the proposed development has been designed so as to prevent any
adverse effect on the neighboring residential property.
Conditions:
1. That all conditions of approval of Use Pennit No. 3564 shall be
fulfilled.
2. That this Site Plan Review shall expire unless exercised within 24
months from the date of approval as specified in Section 20.01.070 K
of the Newport Beach Municipal Code.
* * *
* * *
SUBJECT:
Motion was made to continue to September 16th. MO
* * *
-20-
ity of Newport Beach
INDEX
Agenda
Item No. 4
A 825
Continued
to 9/7/95
62
Attachment No. PC 5
Project Plans
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DAVID BOYCEARCHITECT
220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008
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VICINITY MAP
ABBREVIATIONS
SYMBOLOGY / LEGEND
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PLUMBING FIXTURE ANALYSIS
DRAWING ISSUE LOG
GENERAL BUILDING LIMITATIONS
PROJECT SITE
ADDRESS: 3201 EAST PACIFIC COAST HIGHWAY, CORONA DEL MAR, CA, 92625
GENERAL NOTES
3201 E COAST HWY
CORONA DEL MAR, CA 92625
BANDERA
SHEET INDEX
RESTAURANT
1 4 7 S O U T H B E V E R L Y D R I V E, B E V E R L Y H I L L S, C A 9 0 2 1 2
Telephone: 3 1 0 3 8 5 0 3 4 0 Fax : 3 1 0 3 8 5 7 1 1 9
SCOPE OF WORK
CONTRACTOR NOTES:
CODE / PROJECT DATA
EFFECTIVE CODES:
LOCATION MAP
PROJECT SITE
OWNER:
HILLSTONE RESTAURANT GROUP
147 SOUTH BEVERLY DRIVEBEVERLY HILLS, CA. 90212TEL: 310.385.0333Mobile: 310.367.2236
RAKESH PATELrakesh.patel@hillstone.com
ARCHITECT:
DAVID BOYCE ARCHITECT
220 E. CENTRAL PRWY, suite 4000ALTAMONTE SPRINGS, FL. 32701TEL: 407.645.5008FAX: 407.629.9124
CONTACT: RAFAEL CARBONErcarbone@interplanllc.com
ARCHITECT OF RECORD: DAVID BOYCE
PERMITTING:
220 E. CENTRAL PRWY, suite 4000ALTAMONTE SPRINGS, FL. 32701TEL: 407.645.5008FAX: 407.629.9124
Contact: ANDREA CARDOacardo@interplanllc.com
DEVELOPMENT TEAM
MEP ENGINEER:
220 E. CENTRAL PRWY, suite 4000ALTAMONTE SPRINGS, FL. 32701TEL: 407.645.5008FAX: 407.629.9124
CONTACT: DELONDA SINGLETONdsingleton@interplanllc.com
ENGINEER OF RECORD: STACY HENSON
GOVERNMENTAL AGENCIES
CONTACTS
PARKING:
OCCUPANCY LOAD (BASED ON SEAT COUNT.)
OCCUPANT LOAD (BASED ON AREA)
PUBLIC
01/31/2025
rafcar - 06/22/2023 10:41:35 AM
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SUMMARY TABLE COUNT:
NET PUBLIC AREA:
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12 13 14
15 16 17 18 19
20 21 22 23 24
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GENERAL NOTES:
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SUMMARY TABLE COUNT:
NET PUBLIC AREA:
01/31/2025
rafcar - 06/22/2023 10:41:35 AM
68
July 6, 2023, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. BANDERA RESTAURANT (PA2021-0063)
1.The staff report, on handwritten page 4, says “the California Coastal Commission (CCC)
approved a Coastal Development Permit (CDP) on October 10, 1995, with a condition that a
change in the hours of operation would require an amendment to the CDP.” As best I can
tell, no copy of this CDP being recommended for modification is provided, and the currently-
posted records of CCC meeting materials go back only to November 1995. The only record
of the October 1995 meeting I can find is the draft minutes, which, under October 11 (not
10), say “[14]d. Application No. 5-95-206 {Bandera Restaurant, Newport Beach) Moved to
expanded Consent Calendar. Approved.”
2.In Section 1.1 of the resolution (Attachment No. PC 2), Andrew Yapp of Southern California
Land Use (the firm that seems to have submitted the Project Description, Attachment No.
PC 3) appears to be an architect, but not one mentioned on the plans (Attachment No. PC
5). His connection with the project is unclear.
3.Section 1.2 was presumably intended to read something like: “The Applicant proposes to
modify Use Permit No. 3564 and Site Plan Review No. 73 to modify the hours of operation
from 4:00 p.m. to 12:00 a.m., daily, to 11:00 a.m. to 12:00 a.m., daily, ….”
The drafter might also wish to consider changing “12:00 a.m.” to “midnight” or “11:59 p.m.”
throughout the resolution and its proposed conditions of approval. Our National Institute of
Standards and Technology says “12 a.m. and 12 p.m. are ambiguous and should not be
used.”
4.In Section 1.5, the date of CCC approval appears to have been October 11 (not “10”), as
explained in comment 1, above.
Additionally, although providing this background for the CDP, this section of the resolution
does not explain when “Use Permit No. 3564 and Site Plan Review No. 73” was approved,
or by whom. Not until handwritten page 22 does one learn it was approved by the Planning
Commission on August 10, 1995.
Nor does the resolution appear to identify the existing CDP with similar particularity (“CDP 5-
95-206” ?) or explain the status of that existing CDP after approval of the resolution: Is it
being modified? If so, how and under what authority? Or is it being superseded? (cf. page 8
of the CCC’s “LCP Update Guide Part 2, IP Section 1” PDF)
5.Page handwritten 18: Fact A.i.1 was presumably intended to read “Corona del Mar consists
of contains several restaurants that serve residents and visitors to the area.”
6.Page handwritten 19: Fact A.i.1 ends with “Furthermore, since the existing restaurant
currently maintains alcohol sales, the additional lunch hours are unlikely to increase crime in
the area.” I am unable to discern any logic to this. How does the existence of alcohol sales
ensure selling it for more hours wouldn’t increase crime in an area with an already high
crime rate?
Planning Commission - July 6, 2023 Item No. 3a - Additional Materials Received Bandera Restaurant (PA2023-0063)
July 6, 2023, PC agenda Item 3 comments - Jim Mosher Page 2 of 3
7. Page handwritten 19: Fact A.i.2 was presumably intended to end with “… subject to
appropriate conditions of approval, which are included in Exhibit “A” “B” attached to this
Resolution.”
8. Page handwritten 19, Fact A.ii.1: See final comment, below, about the Police Memo. The
references to “vandalism” and “DUI” appear questionable.
9. Page handwritten 19, Fact A.iii.2: As drafted, the distance to the nearest school is given for
consideration, but the possibility of a closer “religious facility, daycare center, park,
recreational facility or similar uses that attract minors” is not addressed.
10. Page handwritten 20, Fact A.iv: The distance to the nearest facility with on “on-sale” license
is given, but not to the closest “off-sale” licensee.
11. Page handwritten 20: Fact A.v.2 may have been intended to read “The Project has been
reviewed by the NBPD, which has provided several conditions of approval as provided in the
draft present resolution.” (or “Exhibit “B””)
12. Page handwritten 21: Fact B.2 was presumably intended to read “The proposed change of
hours and minor change to the seating plan serves to enhance the existing restaurant as an
amenity to the area that is consistent with the underlying land use.”
13. Page handwritten 24: There appear to be words missing from Fact E.2 – “The Applicant is
required to obtain Orange County Health Department approval and comply with the
Building Code to ensure the safety and welfare of customers and employees within the
Restaurant.” [?]
14. Page handwritten 24, Fact G.2: Again, the date of CCC approval appears to have been
October 11, 1995.
15. Page handwritten 25, Section 4.2: It is unusual to see a resolution saying the Planning
Commission “hereby approves PA2023-0063.” Normally, for future reference, if nothing
else, there would be approval of a specific Conditional Use Permit with a “UP” number, and
a Coastal Development Permit with a “CD” number. Has the City changed its method of
operation? How does the public know how much else may have been “approved” as part of
“PA2023-0063”?
16. Page handwritten 25, Section 4.3: While is good to know there is a right to appeal
something (not obvious what) under Title 20, is there no right to appeal anything under Title
21?
17. Page handwritten 25, Section 4.4: As previously mentioned, while it is good to know Use
Permit No. 3564 and Site Plan Review No. 73 shall become null and void, what is the fate of
the unnamed existing Coastal Development Permit? Has it, too, been superseded? Or, as
the resolution implies, is it merely been amended to change the opening hour? What other
conditions of approval does it contain? And do they remain in effect?
18. Page handwritten 29, Condition 8: If parking is being waived, why is priority for the limited
onsite parking being given to employees rather than patrons? Wouldn’t it be more
convenient for the public if the owners were required to make other off-site parking
arrangements for their employees?
Planning Commission - July 6, 2023 Item No. 3a - Additional Materials Received Bandera Restaurant (PA2023-0063)
July 6, 2023, PC agenda Item 3 comments - Jim Mosher Page 3 of 3
19. Page handwritten 30, Conditions 18 and 19: Should there be reference to the new City
requirements for separating trash into categories for disposal?
20. Page handwritten 31, Condition 25: Does there need to be mention of the approval of
extensions under Title 21 as well as Title 20?
21. Page handwritten 32, Condition 35: Who is the “Petitioner”? Should it say “Applicant”?
22. Regarding the Police Department Memorandum (Attachment No. PC 2) dated April 18,
2023, I am unable to find an explanation of why the statistics presented are from 2021. Was
information for 2022 not available? Or is there something special about 2021? How was
2021 chosen?
It is also difficult to understand the statement on handwritten page 38 that “The highest
volume crime in this area is vandalism. The highest volume of arrests in the area is DUI.”
It is unclear what “area” this could refer to since the table that follows on handwritten page
41 shows “BURG/THEFT FROM AUTO” as the highest volume crime in the “subject
reporting district,” RD44, and on all four districts listed, mentions “vandalism” as having the
highest volume only in the much lower crime rate neighboring RD43. Similarly, the highest
volume arrest for RD44 is listed as “DRUG-RELATED,” with DUI appearing only in the very
low crime RD47.
Planning Commission - July 6, 2023 Item No. 3a - Additional Materials Received Bandera Restaurant (PA2023-0063)
BANDERA RESTAURANT CUP/CDP
Planning Commission Public Hearing, July 6, 2023
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
VICINITY MAP
2
Restaurant Location
Bayside Drive Lot 2
Bayside Drive Lot 1
23 on-site parking spaces
53 municipal lot parking spaces
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
PROJECT LOCATION
3
Bandera
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
PROJECT DESCRIPTION
4
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
FLOOR PLAN
5
Proposed
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
OPERATIONAL CHARACTERISTICS
6
Existing Proposed
Gross Floor Area 6,047 sq.ft.No Change
Interior NPA 3,190 sq.ft.No Change
Outdoor Dining Patio along East Coast Highway No Change
Seats 151 No Change
Hours of Operation 4 p.m.to 12 a.m. (daily)11 a.m.to 12 a.m. (daily)
Live Entertainment Not permitted No Change
Dancing Not permitted No Change
ABC License Type Type 47 (On-Sale General)No Change
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
EXISTING PARKING
7
Per Code
Required Parking 79 spaces
Parking Provided 23 spaces
Parking Deficit 56 spaces
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
FINDINGS
8
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
RECOMMENDED ACTION
9
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)
QUESTIONS AND DISCUSSION
Planning Commission Public Hearing, July 6, 2023
10
Planning Commission - July 6, 2023 Item No. 3b - Additonal Materials Presented at the Meeting Bandera Restaurant (PA2023-0063)