HomeMy WebLinkAbout2.0_Olea Restaurant Expansion_PA2024-0064CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 21, 2024
Agenda Item No. 2
SUBJECT: Olea Restaurant Expansion (PA2024-0064)
▪Conditional Use Permit
SITE LOCATION: 2001 Westcliff Drive, Suite 100 and Suite 101
APPLICANT: Russell Bendel, Olea Restaurant
OWNER: Hankey Investment Company, LP
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit (CUP) to expand an existing 3,205-square-foot restaurant, with an
existing 498-square-foot outdoor dining patio, into an adjacent commercial suite. The
expansion will add 750 square feet of area to provide additional seating, restroom, a private
dining room, and space for an unamplified player piano. The restaurant currently operates
with late hours and a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control
(ABC) license. No change is proposed to the ABC License or to the current hours of
operation, which are from 10:00 a.m. to 12:00 a.m., daily. If approved, Use Permit No.
UP2016-038 would be superseded, and the Applicant would be required to obtain a new
Operator's License from the Chief of Police pursuant to NBMC Section 5.25.020(B).
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. PC2024-024, approving the Conditional Use Permit filed as
PA2024-0064 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE CG (General Commercial) CG (Commercial General) Commercial center
NORTH CN (Neighborhood Commercial) CN (Commercial Neighborhood) Commercial center
SOUTH RM (Multiple-Unit Residential) PC4 (Eight 80 Apartments) Apartment complex
EAST CG CG Commercial center
WEST City of Costa Mesa City of Costa Mesa Commercial center
Olea
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INTRODUCTION
Project Setting
The existing restaurant, known as Olea, is located within an existing commercial center
known as The Walk. The Walk is located at the southeast corner of Irvine Avenue and
Westcliff Drive. The approximately 3.36-acre parcel is developed with four commercial
buildings, a 110-space surface parking lot, and a 294-space, three-story, parking
structure. Vehicular access to The Walk is available from Sherington Place and Westcliff
Drive. Surrounding land uses include various commercial uses to the north, east, and
west and multiple-unit residential to the south.
As shown below in Figure 1, Olea is located on the first floor of a three-story, 32,466-
square-foot, commercial building. The center will maintain a mix of commercial uses
including professional offices, medical offices, retail, and take-out service and fast casual
eating and drinking establishments, with Olea as the only full-service restaurant use with an
alcohol license.
Figure 1: Aerial photograph of The Walk
Olea
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Figure 2: North frontage of Olea
Background and Entitlement History
On June 19, 2014, the Planning Commission approved a major renovation and expansion
of the commercial center pursuant to Site Development Review No. SD2013-003, Traffic
Study No. TS2014-001, and Lot Merger No. LM2013-005 (PA2013-154). This approval
permitted the demolition of 25,339 square feet of existing building area, the construction
of two new buildings, the construction of a three-level parking structure, and an addition
to an existing building for an overall development of 73,722 square feet of commercial
area. The renovated center was re-branded as The Walk.
The subject suite has been permitted to operate as a restaurant since 2016. On
November 17, 2016, the Planning Commission approved Use Permit No. UP2016-038
(PA2016-142) authorizing a restaurant with an outdoor dining patio. The restaurant was
granted a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC)
license and hours of operation for the interior of the restaurant from 10:00 a.m. to 12:00
a.m., daily, and separate hours of operation for the outdoor patio limited to 10:00 a.m.
through 11:00 p.m., Sunday through Wednesday and 10:00am to 12:00am Thursday
through Saturday. Pursuant to Chapter 20.70 (Definitions) of the NBMC, any hours of
operation beyond 11:00 p.m. are considered late hours.
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Pursuant to Chapter 5.25.010 (insert title) of the NBMC, a business which offers alcoholic
beverages for on-site consumption in combination with late hours food service is required to
obtain an Operator’s License. The Operator’s License allows for additional police oversight
and establishes protocol for the safe and responsible service of alcohol. The application
requires a description of the business’s operations and type of alcohol beverage control
license, a security plan addressing personnel and employee training, and a plan for
contacting neighboring residences, businesses and the Police Department during an
emergency or planned activity. UP2016-038 required the Applicant to obtain an Operator’s
License from the NBPD and the Applicant has maintained an Operator’s License since then.
The existing layout of the restaurant includes a large dining area with 99 seats, a central bar
with 21 seats, and 30 seats on the outdoor dining patio. A full set of plans is available as
Attachment No. PC 2.
Project Description
The applicant is requesting an amendment to Conditional Use Permit UP2016-038 to allow
an expansion into an adjacent commercial suite. The suite was previously occupied by a
retail business which closed in 2024. As described by the Applicant (Attachment No. PC 3),
the expansion will add 750 square feet of area to provide additional seating, restroom, a
private dining room, and space for an unamplified player piano. The player panio does not
meet the definition of live entertainment pursuant to Section 20.70 (Definitions) of the NBMC
and no dancing is proposed. Aside from the expanded area, there are no other changes
proposed. A summary of existing restaurant operations and proposed conditions is provided
below in Table 1.
Table 1: Restaurant Operations
Existing Proposed
Gross Floor Area 3,205 sq. ft. 4,345 sq. ft.
Net Public Area (NPA)
Interior1
1,409 sq. ft 2,159 sq. ft.
Outdoor Patio 498 sq. ft No change
Seating Count 98 (up to 114 allowable) 144
Hours of Operation
Interior
10:00 a.m. to 12:00 a.m., daily No change
Hours of Operation
Patio
10:00 a.m. to 11:00 p.m. Sunday through
Wednesday and 10:00 a.m. to 12:00 a.m.
Thursday through Saturday
No change
Live Entertainment Not allowed No change
Dancing Not allowed No change
ABC License Type Type 47 (On-Sale General – Eating Place) No change
On-Site Parking See discussion section for details
1 Net Public Area means the total area used to serve customers, including customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and
similar areas used by the employees of the establishment. The definition of net public area was eliminated from Title 20 (Planning
and Zoning) in 2023, as part of an update to commercial parking regulations.
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DISCUSSION
Analysis
Consistency with the General Plan and Zoning Code
The property is categorized as General Commercial (CG) by the Land Use Element of
the General Plan. CG applies to areas where it is the intent of the Land Use Element to
provide areas appropriate for a wide variety of commercial activities oriented primarily to
serve citywide or regional needs. Restaurants are consistent with the CG designation
because they provide a service not only for visitors, but also for residents within the
immediate neighborhood and the surrounding area.
The property is zoned Commercial General (CG). Similar to the CG designation in the
Land Use Element of the General Plan, the CG zoning is also intended to provide a wide
variety of commercial activities oriented primarily to serve citywide or regional needs.
Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of the NBMC allows for a full service, eating and drinking establishment,
with late hours (after 11:00 p.m.) within the CG Zoning District subject to the approval of
a conditional use permit.
Off-Street Parking
The development of the commercial center was approved with 382 parking spaces (372
parking spaces required, 10 surplus parking spaces). However, during plan check the
parking structure was revised to include additional parking and was constructed with 406
parking spaces. The Walk currently has 16,349 square feet of retail and general office
uses parked at one space per 250 square feet and 47,832 square feet of medical office
uses parked at one space per 200 square feet, which results in 304 required spaces and
leaves 100 spaces for remaining uses. The remaining uses are Olea, Earth Bar, and Salt
and Straw, which are all eating and drinking establishments. The parking requirements
for Earth Bar and Salt and Straw were established by their respective use permits,
PA2019-169 and PA2022-015. Earth Bar has a requirement of 12 spaces and Salt and
Straw has a requirement of five spaces.
Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the
NBMC, the current parking requirement for a Food Service with or without alcohol, with
or without late hours, is one space per every 100 square feet of gross floor area, and one
space per 150 square feet for outdoor dining area. Based on a total proposed gross floor
area of 4,345 square feet and 498 square feet of outdoor dining area, the resulting parking
for Olea is 48 spaces (498 sf/150 sf = 4 spaces + 4,345 sf/100 sf = 44 spaces). The total
required parking for the site after the proposed expansion would be 369 spaces, leaving
a surplus of 35 on-site parking spaces remaining.
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Alcohol Sales
The restaurant operates with a Type 47 (On Sale General – Eating Place) ABC license.
The applicant is not requesting any changes to hours of operation or ABC license type.
The Newport Beach Police Department (NBPD) has reviewed the project and provided a
memorandum, which includes both alcohol related statistics from 2023 and conditions of
approval for the project. The memorandum is provided as Attachment No. PC 3. The
NPBD has requested that all previous conditions of approval from Minor Use Permit No.
UP2021-026 related to alcohol service be carried over with slight adjustments to reflect
new language as required by the NBPD. The NBPD has no concerns with the project,
subject to the appropriate conditions of approval.
In addition to the making the required findings for a conditional use permit, the Planning
Commission shall consider the following prior to authorizing the sale and service of
alcoholic beverages pursuant to Section 20.48.030 (Alcohol Sales) of the NBMC:
a. The crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City.
The property is in an area that the NBPD has designated as Reporting District (RD)
28. RD 28 is bound by Irvine Avenue, Dover Drive, and 16th Street. RD 28 is
reported to ABC as a high crime area as compared to other reporting districts in
the City. The crime rate in this district is 159% above the Citywide reporting district
average. Since the area has a 20% greater number of 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 an undue concentration. However, the
proposed project is not located in an area that has a high concentration of alcohol
licenses, and staff feels that it is appropriate to allow the establishment to continue
to operate with alcohol and late hours. The Police Department does not object to
this project as conditioned and the business would be required to obtain a new
Operator License.
Table 2: Crime Statistics
Reporting District Group A (serious
offenses)
Group B (all other
offenses)
Total Crime Count
2001 Westcliff 2 1 5
RD 28 377 32 277
RD 29 82 14 99
RD 26 230 74 155
RD 25 172 58 134
Newport Beach 5,102 1,439 3,989
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b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Table 3: Arrests and Calls for Service
Reporting District Alcohol-Related
Arrests
Total Arrests Calls for Service
RD 28 6 132 1,341
RD 29 13 51 991
RD 26 20 90 1,363
RD 25 41 86 1,192
Newport Beach 670 2,565 40,526
RD 28 has a higher number of total arrests compared to all adjacent reporting
districts. However, the number of alcohol-related arrests is lower than all of the
adjacent reporting districts. According to the NBPD, there were five calls for service
to the project site in 2023 and there have been another five so far this year. None
of the calls were related to an over-consumption of alcoholic beverages or poor
business practices. Therefore, the NBPD has no concerns with the proposed
application subject to the appropriate conditions of approval.
c. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar
uses, and any uses that attract minors.
The project site is located in a commercial zoning district and is adjacent to a
residential zoning district located to the southwest developed with the Eight 80
Newport Beach Apartments. The project site is approximately 300 feet from the
apartment complex, and the closest building in the complex to the project site is a
parking garage. The restaurant is also separated from the residential zoning district
by the parking structure at The Walk. The proposed use is otherwise surrounded
by commercial zoning districts and by other commercial uses. There are no day
care centers, hospitals, park and recreation facilities, places of worship, or similar
uses in the immediate vicinity except for Bob Henry Park and Newport Harbor High
School, which are 1,700 and 1,300 feet away, respectively. The restaurant began
serving alcohol in 2016, and alcohol sales have not been detrimental to the
community despite the Restaurant’s proximity to two sensitive land uses.
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Figure 3: Aerial photo showing nearest residential (approx. 300 feet)
d. The proximity to other establishments selling alcoholic beverages for either off-site
or on-site consumption.
The property is located in Census Tract 630.1, which has 10 active retail alcohol
licenses and a population of approximately 6,698 residents. This represents a per
capita ratio of one license for every 670 residents. Orange County has a per capita
ratio of one license for every 557 residents. The per capita ratio of one license for
every 670 residents is lower than all adjacent reporting districts and the average
Citywide ratio. There is no oversaturation of alcohol licenses in this reporting
district.
Café Sakana is located at 1703 Westcliff Drive to the southeast of the Restaurant,
in the Westcliff Court shopping center. Café Sakana is authorized to operate until
11:00pm (no late hours) and does not provide live entertainment and dancing. Café
Sakana has a Type 41 (On-Sale Beer & Wine – Eating Place) ABC License.
Approximately 750 feet away to the Northeast, Ralphs Supermarket has a Type
21 (Off-Sale General) and Type 86 (Instructional Tasting License) ABC License.
CVS Pharmacy, about 300 feet away to the northeast, also has a Type 21 (Off-
Sale General) ABC License. Approximately 750 feet to the northeast, three
adjacent restaurants operate with Type 41 (On-Sale Beer & Wine – Eating Place)
ABC Licenses. These three restaurants are the Chicken Shop, Pandor Bakery and
Café, and OEB Breakfast Company.
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e. Whether or not the proposed amendment will resolve any current objectionable
conditions.
There are no current objectionable conditions caused by the sale of alcohol. The
proposed project is an expansion of an existing restaurant. There were five calls
for service to the restaurant in 2023 and another five so far this year. None of the
calls were related to the over-consumption of alcoholic beverages or poor business
practices. There is no evidence suggesting that this use has been detrimental to
the neighborhood.
Late Hours
Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the NBMC, the
Planning Commission must consider the following potential impacts upon adjacent or
nearby uses when reviewing an application to allow late-hour operations:
1. Noise from music, dancing, and voices associated with allowed indoor or outdoor
uses and activities;
2. High levels of lighting and illumination;
3. Increased pedestrian and vehicular traffic activity during late and early morning
hours;
4. Increased trash and recycling collection activities;
5. Occupancy loads of the use; and
6. Any other factors that may affect adjacent or nearby uses.
The applicant is not proposing live entertainment or dancing per Section 20.70
(Definitions) of the NBMC. Significant noise and lighting impacts from the proposed
expansion area and player piano are not anticipated given that the proposed expansion
is interior and within the existing footprint of the building. Furthermore, the music is
intended as an accompaniment to dining and shall be unamplified, with no more than two
performers, and without dancing. Lastly, the on-site parking structure buffers the
restaurant from nearby residential uses.
Although the restaurant is permitted to operate from 10:00 a.m. to 12:00 a.m., daily, the
restaurant currently operates from 5:00 p.m. to 9:00 p.m., Sunday through Thursday, and
4:30 p.m. to 10:00 p.m. on Fridays and Saturdays. No change to the permitted hours are
requested or recommended.
While the expansion is expected to increase the occupant load from 116 persons to 160
persons, the anticipated increase in pedestrian and vehicular activity is minimal.
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Live Entertainment / Dancing
Pursuant to Section 20.70 (Definitions) of the NBMC, “Live entertainment” means
entertainment provided by one or more live performers, including musical, theatrical,
dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey or a person
whose performance consists of selecting or manipulating prerecorded music is
considered a performer. The definition does not include live, unamplified musical
accompaniment to dining in a restaurant by no more than two performers, including
patrons, without dancing. The applicant is proposing an unamplified player piano in the
expansion area to be enjoyed as an accompaniment to dining. Condition of Approval No.
18 has been added to ensure compliance with the above definition.
Conditional Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
the Planning Commission must make the following findings for approval of a conditional
use permit:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and 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, 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.
As demonstrated in the draft resolution (Attachment No. PC 1), staff believes that
sufficient facts exist in support of each finding. The restaurant with late hours is consistent
with the General Commercial (CG) General Plan Land Use Designation and Commercial
General (CG) Zoning District in that it will provide a late-night dining option in the area
and is consistent with Section 5.25.020 (Applicability to Existing Businesses and
Enterprises of NBMC in that an operator license is required due to the change in
maximum occupant capacity. The restaurant is compatible with the surrounding uses
permitted in the GC Zoning District and is separated from nearby residential uses by a
parking structure. The project site was approved by the Planning Commission in 2014
under Site Development Review No. SD2013-003, at which time the site design was
reviewed and determined to be appropriate for this location and neighborhood. The
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development includes trash enclosures (three walls, a roof, and self-latching gate) located
a convenient distance from the commercial uses to ensure proper refuse collection and
disposal. Lastly, The Walk’s 404 parking spaces can accommodate the expanded
restaurant’s parking demand.
The restaurant has operated with an ABC Type 47 license since 2016 and has a current
operator’s license. The NBPD has reviewed the request and has no objection with the
inclusion of conditions of approval related to alcohol sales. The expanded restaurant will
provide dining services as a public convenience to visitors as well as residents to the
surrounding area. The expanded dining area will accommodate more customers at a time
and encourage the continued success of the business. There have been no code
enforcement cases related to alcoholic beverage sales, live entertainment, or late hours
at this location since the approval of the existing restaurant’s use permit.
Summary and Alternatives
Staff finds that the project is consistent with Title 20 (Planning and Zoning), and the
General Plan, as discussed in the analysis above. Staff recommends approval of the
project, subject to the conditions of approval provided in the resolution as Exhibit A. If
approved, the project will allow Olea to expand the existing interior public area by 750
square feet but will operate subject to same hours of operation and similar conditions of
approval to ensure continued compatibility with the surrounding uses.
Should the Planning Commission feel the facts are not in evidence of support for the project
application, the following alternative actions are available:
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
The project qualifies for a Class 1 (Existing Facilities) categorical exemption, per Section
15301 of the California Environmental Quality Act (CEQA) Guidelines. This exemption
allows for the operation, repair, maintenance, and minor alteration of existing buildings. The
proposed restaurant is located within an existing building that was approved under a
separate entitlement. Only minor interior alterations are required to accommodate the new
use.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the 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:
JP/djk
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description
PC 3 Police Department Memorandum
PC 4 Project Plans
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Attachment No. PC 1
Draft Resolution with Conditions and
Findings
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RESOLUTION NO. PC2024-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, SUPERSEDING CONDITIONAL USE
PERMIT NO. UP2016-038 AND APPROVING A CONDITIONAL
USE PERMIT TO EXPAND AN EXISTING RESTAURANT
OPERATING WITH LATE HOURS AND A TYPE 47 (ON-SALE
GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 2001 WESTCLIFF DRIVE,
SUITE 100 (PA2024-0064)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Russell Bendel (“Applicant”), with respect to property located
at 2001 Westcliff Drive, Suite 100, and legally described as Parcel 1 of Lot Merger No. LM
2013-005 (“Property”).
2. The Applicant requests a Conditional Use Permit (“CUP”) to expand an existing 3,205
square foot restaurant known as Olea (“Restaurant”) into an adjacent commercial suite.
With the expansion, the square footage of the Restaurant is proposed to be approximately
4,345 square feet. The increased area will allow the Restaurant to provide additional
seating, an additional restroom, a private dining room, and space for an unamplified player
piano (“Project”). The player piano does not meet the definition of live entertainment
pursuant to Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Newport
Beach Municipal Code (“NBMC”) and no dancing is proposed. The Restaurant currently
provides 498 square feet of outdoor dining area which will not be changed. The hours of
operation for the outdoor dining patio area shall be limited to the hours between 10:00 a.m.
and 11:00 p.m., Sunday through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday
through Saturday. There are no proposed changes to the existing Type 47 (On Sale
General – Eating Place) California Department of Alcoholic Beverage Control (“ABC”)
license or the hours of operation. The Restaurant will continue to be open from 10:00 a.m.
to 12:00 a.m., daily, which is considered late hours. Approval of the Project would
supersede Conditional Use Permit No. UP2016-038 (PA2016-142).
3. The Property is located within the Commercial General (CG) Zoning District and the
General Plan Land Use Element category is General Commercial (CG).
4. The Property is not located within the coastal zone; and therefore, a coastal development
permit is not required.
5. A public hearing was held on November 21, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place, and purpose of the
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both
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written and oral, was presented to and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have
a significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves interior improvements to a food service eating
and drinking establishment in an existing commercial suite within an existing building.
While the Project increases the area used for dining, the additional capacity is a
negligible expansion of use considering the Restaurant and its surrounding
development.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits – Findings and Decision) and Section 20.48.030 (Alcohol Sales), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (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 an area the Newport Beach Police Department (“NBPD”) has
designated as Reporting District 28 (“RD 28”). The NBPD is required to report offenses
of Part One Crimes combined with all arrests for other crimes, both felonies and
misdemeanors (except traffic citations), to the ABC. Part One Crimes are the eight most
serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape,
robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The Part One
Crimes Rate in RD 28 is higher than the Part One Crimes Rate for the City and adjacent
districts. The crime rate in RD 28 is 158% above the Citywide Reporting District average.
However, the Project is not located in an area that has a high concentration of alcohol
licenses; thus, there are no anticipated concerns with allowing the establishment to
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07-29-24
continue to operate with alcohol and late hours. The Police Department does not object
to this Project as conditioned.
2. The NBPD has reviewed the Project. Based on the location and operational
characteristics, the NBPD has no objection to the Project, 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. RD 28 has a higher number of total arrests and calls for service compared to all adjacent
reporting districts. However, the number of alcohol-related arrests is lower than two of
the adjacent reporting districts and represents only 14% of total arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is located in a commercial zoning district and is adjacent to a residential
zoning district, with the Eight 80 Newport Beach apartments located to the southwest of
the Property. It is otherwise surrounded by commercial zoning districts. The restaurant
is separated from the residential zoning district by a parking structure. The proposed
use is surrounded by other commercial uses. There are no day care centers, hospitals,
parks and recreation facilities, places of worship, or similar uses in the immediate
vicinity, except for Bob Henry Park and Newport Harbor High School, which are both
within 3,000 feet of the Project. The Restaurant began serving alcohol in 2016, and
alcohol sales have not been detrimental to the community despite the Restaurant’s
proximity to two sensitive land uses.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The per capita ratio of one license for every 529 residents is lower than all adjacent
reporting districts (with the exception of RD 29 with 0 active licenses) and the average
Citywide ratio. There is no oversaturation of alcohol licenses in this reporting district.
2. Café Sakana is located at 1703 Westcliff Drive to the southeast of the Restaurant, in the
Westcliff Court shopping center. Café Sakana is authorized to operate until 11:00 p.m.
(no late hours) and does not provide live entertainment and dancing. Café Sakana has
a Type 41 (On-Sale Beer & Wine – Eating Place) ABC License. Approximately 750 feet
to the Northeast, Ralphs Supermarket has a Type 21 (Off-Sale General) and Type 86
(Instructional Tasting License) ABC License. CVS Pharmacy, about 300 feet to the
northeast, also has a Type 21 (Off-Sale General) ABC License. Approximately 750 feet
to the northeast, three adjacent restaurants operate with Type 41 (On-Sale Beer & Wine
– Eating Place) ABC Licenses. These three restaurants are the Chicken Shop, Pandor
Bakery and Café, and OEB Breakfast Company.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. There are no current objectionable conditions caused by the sale of alcohol. The Project
is an expansion to an existing restaurant, and the one call for service to the address in
2015 was not for crimes due to the business practice of the Applicant or over service of
alcohol. There is no evidence suggesting that this use has been detrimental to the
neighborhood.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Property is categorized as General Commercial (CG) by the Land Use Element of
the General Plan. The General Commercial (CG) designation is intended to provide a
wide variety of commercial activities oriented primarily to serve citywide or regional
needs. A restaurant is consistent with this designation.
2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are
consistent with the General Commercial (CG) designation. The expanded outdoor dining
area does not alter the mix of commercial uses within Design Plaza or change the
primary use of the area away from the wide variety of commercial uses consistent with
the General Commercial (CG) designation.
3. The Restaurant is an up-scale, sit-down restaurant with gourmet food and drink options.
There is bar seating available and an outdoor patio with eight tables for patrons.
4. The Project is in support of General Plan Policy LU 2.1 (Resident-Serving Land Uses)
as it provides for the recreation, culture, and social needs of the city’s residents.
5. The Project will also serve visitors to Newport Beach, which helps ensure the area
remains vibrant and successful. The Project is also in support of General Plan Policy LU
2.4 (Economic Development) which encourages the accommodation of uses that
maintain or enhance Newport Beach’s fiscal health and account for market demands,
while maintaining and improving the quality of life for current and future residents.
6. 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 the Zoning Code and the Municipal Code.
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Facts in Support of Finding:
1. The Property is located in the Commercial General (CG) Zoning District, which is
intended to provide a wide variety of commercial activities oriented primarily to serve
citywide or regional needs. Food service eating and drinking establishments with alcohol
and late hours are permitted in this zone with approval of a CUP.
2. The proposal does not include a request to increase floor area beyond what was
approved under the original entitlement, Site Development Review No. SD2013-003.
The Restaurant will expand into an adjacent suite that is entirely within the existing
building footprint. Existing Use Permit No. UP2016-038 (PA2016-142) allows Olea to
operate with a Type 47 (On-sale General – Eating Place) Alcoholic Beverage Control
(ABC) license and with late hours (from 10:00 a.m. to 12:00 a.m., daily). The
construction of the building was completed before the Restaurant began operating in
2016, and there have been no other tenants of the subject suite. Operator License
OL2016-008 was obtained after the approval of the CUP and prior to operation of the
Restaurant.
3. The Project is designed with 2,159 square feet of interior net public area and a 489-
square-foot outdoor patio. The total proposed square footage including non-public areas
is 4,345 square feet. Per Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) of the Newport Beach Municipal Code, restaurants require parking spaces at
a rate of 1 space per 100 square feet of gross floor area, and 1 space per 150 square
feet for outdoor dining areas. The resulting parking requirement is based on 2,648
square feet of interior floor area and 498 square feet of outdoor dining area, with a total
requirement of 32 spaces (498 square feet/150 square feet = 4 spaces + 2,707/100
square feet = 28 spaces). This is consistent with the Site Development Review approved
in 2013 that estimated 52 spaces for restaurants.
4. The Property was developed with surplus parking beyond what was required with the
original entitlement and provides sufficient surplus parking for the Restaurant expansion.
The Restaurant is located within an existing commercial center known as The Walk,
which is provided 404 parking spaces, and 361 spaces are required when including the
32 spaces required by the Project. This leaves 43 surplus spaces for the center.
5. A player piano is proposed within the interior expansion area. The intent of the player
piano is to provide music to accompany dining. The player piano does not meet the
definition of live entertainment pursuant to Section 20.70.020 (Definitions of Specialized
Terms and Phrases). “Live entertainment” means entertainment provided by one or
more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For
purposes of this definition, a disc jockey or a person whose performance consists of
selecting or manipulating prerecorded music is considered a performer. This definition
does not include “Adult-oriented businesses” and does not include live, unamplified
musical accompaniment to dining in a restaurant by no more than two performers,
including patrons, without dancing. Condition of Approval No. 18 requires the player
piano to be unamplified, for music to be performed by no more than two performers,
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including patrons, and that no dancing is proposed. Therefore, the proposed piano does
not constitute live entertainment per the NBMC.
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. The Restaurant is located on the ground floor of an existing multi-tenant, three-story
commercial building. The adjacent ground floor tenant is Salt and Straw, an ice cream
shop which operates from 11:00 a.m. to 11:00 p.m., daily. There are medical offices
above the subject suite. The Project is the only restaurant use with both alcohol and late
hours in the immediate vicinity and has been operating without conflicting with the other
uses in the area since its inception in 2016. The Restaurant is within a corner suite and
is both easily visible and accessible from the large, shared parking lot.
2. Two trash enclosures on concrete pads with three walls, self-latching gates, and
decorative solid roofs are provided on site in compliance with 20.30.120 (Solid Waste
and Recyclable Materials Storage). Condition of Approval No. 21 requires the Applicant
to control trash and litter around the Property
3. The operational conditions of approval recommended by the NBPD relative to the sale
of alcoholic beverages, including an operator license, will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts. Condition of Approval No.
28 ensures the welfare of the surrounding community by preventing the food service
eating and drinking establishment from becoming a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control Department
to ensure the safety and welfare of customers and employees of the establishment. The
Project has been conditioned so that no dancing or live entertainment will be permitted
on the premises.
4. Although the Property is adjacent to a large multi-unit residential property, the tenant
space and outdoor patio are separated from the residential uses by the rest of the
building containing the Project, a parking structure, the public street Sherington Place,
and the off-street surface parking serving the multi-unit residential property.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
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1. The tenant space is located within an existing commercial building approved by site
development review in 2014. The design, size, and location were approved by Site
Development Review No. SD2013-003.
2. Vehicular access is provided from four 30-foot-wide vehicular entry drives, two fronting
Sherington Place and two fronting Westcliff Drive. Pedestrian access is available via
sidewalk surrounding the property.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. The Fire Department has reviewed the Project and had no
concerns from the perspective of first responders.
4. Condition of Approval No. 4 is included to ensure that the Applicant obtains all necessary
approvals from Orange County Health Department to ensure the safety and welfare of
customers and employees.
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. Condition of Approval No. 29 protects the neighborhood from the proliferation of alcohol
consumption spilling over into adjacent properties as it states that no alcoholic beverages
shall be consumed on any property adjacent to the licensed premises under the control of
the licensee.
2. The Project has been reviewed by the Planning Division, and Condition of Approval No.
24 is included to ensure that potential conflicts with the surrounding land uses are
minimized to the greatest extent possible. The operator is required to take reasonable
steps to discourage and correct objectionable conditions that constitute a nuisance in
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment.
3. The Restaurant will provide a service to the neighborhood by providing dining services
as a public convenience to the nearby multiple-unit residential uses as well as the
visitors to the area, which is an intent of the Commercial General Zoning Designation.
The service of alcohol will complement the principal use of the establishment and
provide an economic opportunity for the property owner and business owner to maintain
a successful business in a way that best serves the community.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves the Conditional
Use Permit filed as PA2024-0064, subject to the conditions set forth in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this resolution was
adopted unless within such time an appeal is filed with the City Clerk in accordance with
the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code.
4. This resolution supersedes Use Permit No. UP2016-038 (PA2016-142) which upon
vesting of the rights authorized by PA2024-0064, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF NOVEMBER 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except
as modified by applicable conditions of approval).
2. Conditional Use Permit No. PA2024-0064 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Conditional
Use Permit.
5. The Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so as
not to constitute a public nuisance.
6. The operator shall be required to obtain an operator license consistent with Chapter 5.25
of the NBMC.
7. Any change in operational characteristics, expansion in area, or other modification to the
approved plans shall require subsequent review by the Planning Division and may require
an amendment to this Conditional Use Permit or the processing of a new Conditional Use
Permit.
8. 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.
9. 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.
10. Prior to the issuance of a building permit, a copy of this approval letter shall be incorporated
into the Building Division and field sets of plans.
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11. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are easily discernible from other elements of the plans.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 10:00 a.m. and 12:00 a.m. daily. The hours of operation for the outdoor
dining patio area shall be limited to the hours between 10:00 a.m. and 11:00 p.m., Sunday
through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday through Saturday. All
customers shall vacate the establishment no later than 30 minutes following this closing
time.
13. 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.
14. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC and with the approved sign program for the site (PA2021-270).
15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the
NBMC. The Community Development Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated. If new outdoor
lighting is proposed, the Applicant shall submit a photometric survey as part of the plan
check to verify illumination complies with the Zoning Code standards.
16. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noice Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played in
the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26
(Community Noice Control) of the NBMC.
17. That no loudspeakers or paging system shall be permitted in conjunction with the facility.
18. The proposed player piano for dining accompaniment shall be unamplified, and music shall
be played by no more than two performers, including patrons. Dancing is not permitted
without an amendment to allow live entertainment.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise
Regulations) of the NBMC, which restricts hours of noise-generating construction activities
to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
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and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on
Sundays or holidays.
20. 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).
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. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects within a
nonresidential zoning district shall not be allowed 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.
23. Storage outside of the building in the front or at the rear of the property shall be prohibited,
with the exception of the trash container on pick-up days.
24. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the alcoholic beverage outlet and adjacent properties during business hours.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
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 Olea Conditional Use Permit including, but not limited to, Conditional Use
Permit No. PA2024-0064. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
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shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Police Department
27. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner’s, manager’s, and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
31. 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.
32. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
33. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
34. 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 NBPD on demand.
35. There shall be no exterior advertising or signs of any kind of 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.
36. Strict adherence to maximum occupancy limit is required.
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37. The operator of the restaurant shall be responsible for the control of noise generated by
the Project. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control requirements
of the NBMC.
38. “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).
39. The outdoor dining patio shall be separated from the commercial corridor with a solid
decorative barrier (subject to ADA compliance) at least 26 inches high placed around the
perimeter of the consumption area.
40. The Applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, “No alcoholic
Beverages Beyond This Point” at all premises exits.
41. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
Building Division
42. The occupant load for the private dining room shall be limited to 49 persons.
43. The Applicant shall provide an accessible path of travel from the parking area and public
right of way to the tenant space pursuant to 11B-202.4 of the California Building Code
(CBC).
44. The Applicant shall provide a minimum of 5%, or 1 (whichever is greater), accessible
seatings for each type of seating present.
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Attachment No. PC 2
Applicant’s Project Description
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Olea Expansion – CUP Modification
Project Description
The project description would be to expand the dining area of the existing Olea restaurant
into the adjacent space so that there can be more seating used for normal dining or for
private dining use when the space is reserved for events and meetings. The space would
include an additional restroom, private event space with LCD screen for meetings, and
additional booth and tables seating for overflow on weekend service. A player piano is also
proposed to be in this expansion area.
The existing Olea has an interior public area is 1,409 s.f. with another 498 s.f. of public patio
area. The expansion would add another 750 s.f. of interior public area. There is no change to
the building footprint. The expansion would require an additional 8 parking spaces which are
available on-site. Landlord provided parking log is provided with this application.
The restaurant will maintain their current hours of operation. The total number of employees
will be increased from 39 to 42 to serve this new expansion area.
Justification Statement
• Olea Restaurant is consistent with the General Plan. The General Commercial Land
Use welcomes a wide variety of uses. Restaurant uses are a majority of the business
along 17th and Irvine Blvd.
• Restaurant use is allowed by right in the GC zone. The CUP modification is for the
expansion of the existing restaurant use.
• The use, design, and operations are compatible with the surrounding uses in the area.
There are multiple quality restaurants located nearby.
• The expansion of the restaurant will provide additional dining area and the option for
private dining space and/or meeting space. There is no increase in the building
footprint.
• Olea embodies all the characteristics that the citizens of Newport Beach would
require from a restaurant. The operations would not be detrimental to the city or its
citizens in any way.
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Attachment No. PC 3
Police Department Memorandum
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Daniel Kopshever, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 29, 2024
SUBJECT: OLEA Restaurant
2001 Westcliff Ave.
Project File No. PA2024-0064
At your request, the Police Department has reviewed the project application for OLEA Restaurant
located at 2001 Westcliff Ave., Newport Beach. Per the project description, the applicant is
seeking to expand the restaurant’s interior public space by 750 square feet. There will be no change
to the Type 47 ABC License (On-Sale General – Eating Place).
If approved, an Operator License will be required for this establishment per 5.25.020.
Statistical Data
Attached is a summary report which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant’s current place of business at
2001 Westcliff Ave.
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 as compared
to the County’s per capita ratio.
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) 15 which
stretches from 20th Street to 37th Street along the Newport Beach Peninsula.
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.
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OLEA Restaurant
PA2024-0064
2
Reporting District 28 is reported to ABC as a high crime area as compared to other reporting
districts in the City. The RD’s Crime Count is 277, 159% over the City-wide crime count average
of 118. Since this area has a 20% greater number of 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. In comparison, neighboring RD 25 is 16% above the City-
wide average, RD 26 is 37% above and RD 29 is 19% below the City-wide crime count average.
Of 38 reporting districts in Newport Beach, we reported 13 to ABC as high crime areas in 2023.
The highest volume crime in this area is Theft/Larceny and the highest volume arrest in the area
is Narcotics. DUI, Public Intoxication, and liquor law violations make up 5% of arrests in this
reporting district. In comparison, the figure for neighboring RD 25 is 48%, RD 26 is 22% and RD
29 is 25%.
Alcohol License Statistics:
The applicant premise is located within census tract 0630.1. This census tract has an
approximate population of 6,698 residents with 8 active on-sale retail licenses. That is a per
capita ratio of 1 license for every 837 residents. Per the Business and Professions code this
census tract is not over saturated with alcohol licenses.
Dispatch Events / Calls for Service
There were five Calls for Service to the restaurant in in 2023 and another five so far this year.
No call was related to an over-consumption of alcoholic beverages or poor business practices.
Discussion and Recommendations
The Police Department has no concerns with this application. We request the below standard
condition updates be added:
1. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion of
the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
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. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
4. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code and may
be subject to additional and/or more restrictive conditions such as a security plan to
regulate and control potential late-hour nuisances associated with the operation of the
establishment.
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OLEA Restaurant
PA2024-0064
3
Remove Current condition 26 of Resolution 2038:
All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for selling
alcoholic beverages. The certified program must meet the standards of the California
Coordinating Council on Responsible Beverage Service or other certifying/ licensing body,
which the State may designate. The establishment shall comply with the requirements of this
section within 180 days of the issuance of the certificate of occupancy. Records of each
owner's, manager's and employee's successful completion of the required certified training
program shall be maintained on the premises and shall be presented upon request by a
representative of the City of Newport Beach.
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
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Project Plans
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Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Daniel Kopshever, Assistant Planner
Date: 11/19/2024
Re: Agenda Item No. 2 PA2024-0064 Olea Restaurant Expansion
Please be advised that the draft resolution provided in the staff report contains
clerical errors related to floor area and parking and typographical errors in
Condition of Approval No. 38. The draft resolution has been updated to reflect the
accurate floor area and parking data. A redline/strikeout version of the draft
resolution is attached.
Enclosures:
Revised draft resolution
Planning Commission - November 21, 2024
Item No. 2a - Additional Materials Received from Staff
Olea Restaurant Expansion (PA2024-0064)
RESOLUTION NO. PC2024-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, SUPERSEDING CONDITIONAL USE
PERMIT NO. UP2016-038 AND APPROVING A CONDITIONAL
USE PERMIT TO EXPAND AN EXISTING RESTAURANT
OPERATING WITH LATE HOURS AND A TYPE 47 (ON-SALE
GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 2001 WESTCLIFF DRIVE,
SUITE 100 (PA2024-0064)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Russell Bendel (“Applicant”), with respect to property located
at 2001 Westcliff Drive, Suite 100, and legally described as Parcel 1 of Lot Merger No. LM
2013-005 (“Property”).
2.The Applicant requests a Conditional Use Permit (“CUP”) to expand an existing 3,205
square foot restaurant known as Olea (“Restaurant”) into an adjacent commercial suite.
With the expansion, the square footage of the Restaurant is proposed to be approximately
4,345 square feet. The increased area will allow the Restaurant to provide additional
seating, an additional restroom, a private dining room, and space for an unamplified player
piano (“Project”). The player piano does not meet the definition of live entertainment
pursuant to Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Newport
Beach Municipal Code (“NBMC”) and no dancing is proposed. The Restaurant currently
provides 498 square feet of outdoor dining area which will not be changed. The hours of
operation for the outdoor dining patio area shall be limited to the hours between 10:00 a.m.
and 11:00 p.m., Sunday through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday
through Saturday. There are no proposed changes to the existing Type 47 (On Sale
General – Eating Place) California Department of Alcoholic Beverage Control (“ABC”)
license or the hours of operation. The Restaurant will continue to be open from 10:00 a.m.
to 12:00 a.m., daily, which is considered late hours. Approval of the Project would
supersede Conditional Use Permit No. UP2016-038 (PA2016-142).
3.The Property is located within the Commercial General (CG) Zoning District and the
General Plan Land Use Element category is General Commercial (CG).
4.The Property is not located within the coastal zone; and therefore, a coastal development
permit is not required.
5.A public hearing was held on November 21, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place, and purpose of the
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both
Planning Commission - November 21, 2024
Item No. 2a - Additional Materials Received from Staff
Olea Restaurant Expansion (PA2024-0064)
Planning Commission Resolution No. PC2024-024
Page 2 of 13
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written and oral, was presented to and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have
a significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves interior improvements to a food service eating
and drinking establishment in an existing commercial suite within an existing building.
While the Project increases the area used for dining, the additional capacity is a
negligible expansion of use considering the Restaurant and its surrounding
development.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits – Findings and Decision) and Section 20.48.030 (Alcohol Sales), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (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 an area the Newport Beach Police Department (“NBPD”) has
designated as Reporting District 28 (“RD 28”). The NBPD is required to report offenses
of Part One Crimes combined with all arrests for other crimes, both felonies and
misdemeanors (except traffic citations), to the ABC. Part One Crimes are the eight most
serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape,
robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The Part One
Crimes Rate in RD 28 is higher than the Part One Crimes Rate for the City and adjacent
districts. The crime rate in RD 28 is 158% above the Citywide Reporting District average.
However, the Project is not located in an area that has a high concentration of alcohol
licenses; thus, there are no anticipated concerns with allowing the establishment to
Planning Commission - November 21, 2024 Item No. 2a - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
Planning Commission Resolution No. PC2024-024
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continue to operate with alcohol and late hours. The Police Department does not object
to this Project as conditioned.
2. The NBPD has reviewed the Project. Based on the location and operational
characteristics, the NBPD has no objection to the Project, 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. RD 28 has a higher number of total arrests and calls for service compared to all adjacent
reporting districts. However, the number of alcohol-related arrests is lower than two of
the adjacent reporting districts and represents only 14% of total arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is located in a commercial zoning district and is adjacent to a residential
zoning district, with the Eight 80 Newport Beach apartments located to the southwest of
the Property. It is otherwise surrounded by commercial zoning districts. The restaurant
is separated from the residential zoning district by a parking structure. The proposed
use is surrounded by other commercial uses. There are no day care centers, hospitals,
parks and recreation facilities, places of worship, or similar uses in the immediate
vicinity, except for Bob Henry Park and Newport Harbor High School, which are both
within 3,000 feet of the Project. The Restaurant began serving alcohol in 2016, and
alcohol sales have not been detrimental to the community despite the Restaurant’s
proximity to two sensitive land uses.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The per capita ratio of one license for every 529 residents is lower than all adjacent
reporting districts (with the exception of RD 29 with 0 active licenses) and the average
Citywide ratio. There is no oversaturation of alcohol licenses in this reporting district.
2. Café Sakana is located at 1703 Westcliff Drive to the southeast of the Restaurant, in the
Westcliff Court shopping center. Café Sakana is authorized to operate until 11:00 p.m.
(no late hours) and does not provide live entertainment and dancing. Café Sakana has
a Type 41 (On-Sale Beer & Wine – Eating Place) ABC License. Approximately 750 feet
to the Northeast, Ralphs Supermarket has a Type 21 (Off-Sale General) and Type 86
(Instructional Tasting License) ABC License. CVS Pharmacy, about 300 feet to the
northeast, also has a Type 21 (Off-Sale General) ABC License. Approximately 750 feet
to the northeast, three adjacent restaurants operate with Type 41 (On-Sale Beer & Wine
– Eating Place) ABC Licenses. These three restaurants are the Chicken Shop, Pandor
Bakery and Café, and OEB Breakfast Company.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. There are no current objectionable conditions caused by the sale of alcohol. The Project
is an expansion to an existing restaurant, and the one call for service to the address in
2015 was not for crimes due to the business practice of the Applicant or over service of
alcohol. There is no evidence suggesting that this use has been detrimental to the
neighborhood.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Property is categorized as General Commercial (CG) by the Land Use Element of
the General Plan. The General Commercial (CG) designation is intended to provide a
wide variety of commercial activities oriented primarily to serve citywide or regional
needs. A restaurant is consistent with this designation.
2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are
consistent with the General Commercial (CG) designation. The expanded outdoor dining
area does not alter the mix of commercial uses within Design Plaza or change the
primary use of the area away from the wide variety of commercial uses consistent with
the General Commercial (CG) designation.
3. The Restaurant is an up-scale, sit-down restaurant with gourmet food and drink options.
There is bar seating available and an outdoor patio with eight tables for patrons.
4. The Project is in support of General Plan Policy LU 2.1 (Resident-Serving Land Uses)
as it provides for the recreation, culture, and social needs of the city’s residents.
5. The Project will also serve visitors to Newport Beach, which helps ensure the area
remains vibrant and successful. The Project is also in support of General Plan Policy LU
2.4 (Economic Development) which encourages the accommodation of uses that
maintain or enhance Newport Beach’s fiscal health and account for market demands,
while maintaining and improving the quality of life for current and future residents.
6. 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 the Zoning Code and the Municipal Code.
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Facts in Support of Finding:
1. The Property is located in the Commercial General (CG) Zoning District, which is
intended to provide a wide variety of commercial activities oriented primarily to serve
citywide or regional needs. Food service eating and drinking establishments with alcohol
and late hours are permitted in this zone with approval of a CUP.
2. The proposal does not include a request to increase floor area beyond what was
approved under the original entitlement, Site Development Review No. SD2013-003.
The Restaurant will expand into an adjacent suite that is entirely within the existing
building footprint. Existing Use Permit No. UP2016-038 (PA2016-142) allows Olea to
operate with a Type 47 (On-sale General – Eating Place) Alcoholic Beverage Control
(ABC) license and with late hours (from 10:00 a.m. to 12:00 a.m., daily). The
construction of the building was completed before the Restaurant began operating in
2016, and there have been no other tenants of the subject suite. Operator License
OL2016-008 was obtained after the approval of the CUP and prior to operation of the
Restaurant.
3. The Project is designed with 2,159 square feet of interior net public area and a 489-
square-foot outdoor patio. The total proposed square footage including non-public areas
is 4,345 square feet. Per Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) of the Newport Beach Municipal Code, restaurants require parking spaces at
a rate of 1 space per 100 square feet of gross floor area, and 1 space per 150 square
feet for outdoor dining areas. The resulting parking requirement is based on 4,3452,648
square feet of interior floor area and 498 square feet of outdoor dining area, with a total
requirement of 4832 spaces (498 square feet/150 square feet = 4 spaces + 4,345
2,707/100 square feet = 28 44 spaces). The total required parking for the site after the
proposed expansion would be 369 spaces, leaving a surplus of 35 on-site parking
spaces remaining.This is consistent with the Site Development Review approved in
2013 that estimated 52 spaces for restaurants.
4. The Property was developed with surplus parking beyond what was required with the
original entitlement and provides sufficient surplus parking for the Restaurant expansion.
The Restaurant is located within an existing commercial center known as The Walk,
which is provided 404 406 parking spaces, and 3691 spaces are required when
including the 32 44 spaces required by the Project. This leaves 43 35 surplus spaces
for the center.
5. A player piano is proposed within the interior expansion area. The intent of the player
piano is to provide music to accompany dining. The player piano does not meet the
definition of live entertainment pursuant to Section 20.70.020 (Definitions of Specialized
Terms and Phrases). “Live entertainment” means entertainment provided by one or
more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For
purposes of this definition, a disc jockey or a person whose performance consists of
selecting or manipulating prerecorded music is considered a performer. This definition
does not include “Adult-oriented businesses” and does not include live, unamplified
musical accompaniment to dining in a restaurant by no more than two performers,
Planning Commission - November 21, 2024 Item No. 2a - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
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including patrons, without dancing. Condition of Approval No. 18 requires the player
piano to be unamplified, for music to be performed by no more than two performers,
including patrons, and that no dancing is proposed. Therefore, the proposed piano does
not constitute live entertainment per the NBMC.
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. The Restaurant is located on the ground floor of an existing multi-tenant, three-story
commercial building. The adjacent ground floor tenant is Salt and Straw, an ice cream
shop which operates from 11:00 a.m. to 11:00 p.m., daily. There are medical offices
above the subject suite. The Project is the only restaurant use with both alcohol and late
hours in the immediate vicinity and has been operating without conflicting with the other
uses in the area since its inception in 2016. The Restaurant is within a corner suite and
is both easily visible and accessible from the large, shared parking lot.
2. Two trash enclosures on concrete pads with three walls, self-latching gates, and
decorative solid roofs are provided on site in compliance with 20.30.120 (Solid Waste
and Recyclable Materials Storage). Condition of Approval No. 21 requires the Applicant
to control trash and litter around the Property.
3. The operational conditions of approval recommended by the NBPD relative to the sale
of alcoholic beverages, including an operator license, will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts. Condition of Approval No.
28 ensures the welfare of the surrounding community by preventing the food service
eating and drinking establishment from becoming a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control Department
to ensure the safety and welfare of customers and employees of the establishment. The
Project has been conditioned so that no dancing or live entertainment will be permitted
on the premises.
4. Although the Property is adjacent to a large multi-unit residential property, the tenant
space and outdoor patio are separated from the residential uses by the rest of the
building containing the Project, a parking structure, the public street Sherington Place,
and the off-street surface parking serving the multi-unit residential property.
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.
Planning Commission - November 21, 2024 Item No. 2a - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
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Facts in Support of Finding:
1. The tenant space is located within an existing commercial building approved by site
development review in 2014. The design, size, and location were approved by Site
Development Review No. SD2013-003.
2. Vehicular access is provided from four 30-foot-wide vehicular entry drives, two fronting
Sherington Place and two fronting Westcliff Drive. Pedestrian access is available via
sidewalk surrounding the property.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. The Fire Department has reviewed the Project and had no
concerns from the perspective of first responders.
4. Condition of Approval No. 4 is included to ensure that the Applicant obtains all necessary
approvals from Orange County Health Department to ensure the safety and welfare of
customers and employees.
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. Condition of Approval No. 29 protects the neighborhood from the proliferation of alcohol
consumption spilling over into adjacent properties as it states that no alcoholic beverages
shall be consumed on any property adjacent to the licensed premises under the control of
the licensee.
2. The Project has been reviewed by the Planning Division, and Condition of Approval No.
24 is included to ensure that potential conflicts with the surrounding land uses are
minimized to the greatest extent possible. The operator is required to take reasonable
steps to discourage and correct objectionable conditions that constitute a nuisance in
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment.
3. The Restaurant will provide a service to the neighborhood by providing dining services
as a public convenience to the nearby multiple-unit residential uses as well as the
visitors to the area, which is an intent of the Commercial General Zoning Designation.
The service of alcohol will complement the principal use of the establishment and
provide an economic opportunity for the property owner and business owner to maintain
a successful business in a way that best serves the community.
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Planning Commission Resolution No. PC2024-024
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves the Conditional
Use Permit filed as PA2024-0064, subject to the conditions set forth in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this resolution was
adopted unless within such time an appeal is filed with the City Clerk in accordance with
the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code.
4. This resolution supersedes Use Permit No. UP2016-038 (PA2016-142) which upon
vesting of the rights authorized by PA2024-0064, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF NOVEMBER 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except
as modified by applicable conditions of approval).
2. Conditional Use Permit No. PA2024-0064 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Conditional
Use Permit.
5. The Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so as
not to constitute a public nuisance.
6. The operator shall be required to obtain an operator license consistent with Chapter 5.25
of the NBMC.
7. Any change in operational characteristics, expansion in area, or other modification to the
approved plans shall require subsequent review by the Planning Division and may require
an amendment to this Conditional Use Permit or the processing of a new Conditional Use
Permit.
8. 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.
9. 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.
10. Prior to the issuance of a building permit, a copy of this approval letter shall be incorporated
into the Building Division and field sets of plans.
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11. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are easily discernible from other elements of the plans.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 10:00 a.m. and 12:00 a.m. daily. The hours of operation for the outdoor
dining patio area shall be limited to the hours between 10:00 a.m. and 11:00 p.m., Sunday
through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday through Saturday. All
customers shall vacate the establishment no later than 30 minutes following this closing
time.
13. 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.
14. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC and with the approved sign program for the site (PA2021-270).
15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the
NBMC. The Community Development Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated. If new outdoor
lighting is proposed, the Applicant shall submit a photometric survey as part of the plan
check to verify illumination complies with the Zoning Code standards.
16. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noice Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played in
the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26
(Community Noice Control) of the NBMC.
17. That no loudspeakers or paging system shall be permitted in conjunction with the facility.
18. The proposed player piano for dining accompaniment shall be unamplified, and music shall
be played by no more than two performers, including patrons. Dancing is not permitted
without an amendment to allow live entertainment.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise
Regulations) of the NBMC, which restricts hours of noise-generating construction activities
to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
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and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on
Sundays or holidays.
20. 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).
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. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects within a
nonresidential zoning district shall not be allowed 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.
23. Storage outside of the building in the front or at the rear of the property shall be prohibited,
with the exception of the trash container on pick-up days.
24. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the alcoholic beverage outlet and adjacent properties during business hours.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
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 Olea Conditional Use Permit including, but not limited to, Conditional Use
Permit No. PA2024-0064. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
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shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Police Department
27. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner’s, manager’s, and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
31. 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.
32. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
33. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
34. 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 NBPD on demand.
35. There shall be no exterior advertising or signs of any kind of 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.
36. Strict adherence to maximum occupancy limit is required.
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37. The operator of the restaurant shall be responsible for the control of noise generated by
the Project. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control requirements
of the NBMC.
38. “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 orders forof the
sale of drinks is prohibited (excluding charges for pricex fixed meals).
39. The outdoor dining patio shall be separated from the commercial corridor with a solid
decorative barrier (subject to ADA compliance) at least 26 inches high placed around the
perimeter of the consumption area.
40. The Applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, “No alcoholic
Beverages Beyond This Point” at all premises exits.
41. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
Building Division
42. The occupant load for the private dining room shall be limited to 49 persons.
43. The Applicant shall provide an accessible path of travel from the parking area and public
right of way to the tenant space pursuant to 11B-202.4 of the California Building Code
(CBC).
44. The Applicant shall provide a minimum of 5%, or 1 (whichever is greater), accessible
seatings for each type of seating present.
Planning Commission - November 21, 2024 Item No. 2a - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
November 21, 2024, Planning Commission Item 2 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. 2. OLEA RESTAURANT EXPANSION (PA2024-0064)
These comments refer to the revised draft resolution dated November 19, 2024, posted as “Item
No. 2a - Additional Materials Received from Staff.”
1. The crime and other context provided in Section 3.A appears to refer only to nearby uses
in the City of Newport Beach. Yet, according to the Vicinity Map, the subject parcel abuts
the City’s boundary line with Costa Mesa. Shouldn’t compatibility with land uses in that
city, some of which are closer than the ones cited in resolution, also be considered?
2. Section 3.B.2 says “The expanded outdoor dining area does not alter the mix of
commercial uses within Design Plaza or change the primary use of the area away from
the wide variety of commercial uses consistent with the General Commercial (CG)
designation.” This appears to have been inadvertently copied from some other
resolution. The staff report for the present item does not indicate the applicant is
requesting an expanded outdoor dining area, nor do the uses in Design Plaza (a
property in Newport Center) seem relevant.
3. In Section 3.C.2, the statement that “The construction of the building was completed
before the Restaurant began operating in 2016, and there have been no other tenants of
the subject suite” seems at odds with the staff report, whose project description starts
with “The applicant is requesting an amendment to Conditional Use Permit UP2016-038
to allow an expansion into an adjacent commercial suite. The suite was previously
occupied by a retail business which closed in 2024.” Wasn’t the closed retail business an
“other tenant” of the proposed increased floor area?
4. The description of parking requirements in the revised Sections 3.C.3 and 3.C.4 remains
confused.
a. The first line of Section 3.C.3 refers to “a 489-square-foot outdoor patio,” yet the
calculation that follows divides 498 square feet by 150.
b. The sentence proposed to end that paragraph (“The total required parking for the
site after the proposed expansion would be 369 spaces, leaving a surplus of 35
on-site parking spaces remaining”) seems unnecessary, since it is simply stating
the conclusion of the following Section 3.C.4, and is redundant with it.
c. Section 3.C.4 says the surplus was arrived at based on a requirement of 44
spaces, yet Section 3.C.3 says the requirement is 48 spaces.
d. Additionally, if the site provides 406 spaces and the requirement, including the
proposed use, is 369, the surplus would seem to be 406 - 369 = 37 spaces, yet
the resolution says 35.
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November 21, 2024, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
5. Proposed Condition of Approval No. 12 says “All customers shall vacate the
establishment no later than 30 minutes following this closing time.” Isn’t the “closing
time” the hour at which the establishment is supposed to become unavailable to
customers? Why would customers be present when the establishment is closed?
6. The next to last sentence of proposed Condition of Approval No. 16 says “Pre-recorded
music may be played in the tenant space, provided exterior noise levels outlined below
are not exceeded.” Yet, no exterior noise levels are “outlined below.”
7. The last sentence of proposed Condition of Approval No. 16 (“The noise generated by
the proposed use shall comply with the provisions of Chapter 10.26 (Community Noice
Control) of the NBMC”) is redundant with a more complete statement two sentences
prior.
8. The word “That” should be deleted from the start of proposed Condition of Approval No.
17. It turns what seems to have been intended as a condition into an incomplete phrase.
9. In proposed Condition of Approval No. 22, inclusion of the phrase “within a
nonresidential zoning district” seems both unnecessary and confusing. Isn’t the permit
intended to prohibit loading and deliveries during the stated hours, regardless of the
zoning? Including the phrase implies the activities would be OK if they take place on the
residential side of Sherington Place, which seem contrary to the intent.
10. In proposed Condition of Approval No. 35, is “of any kind of type” intended to read “of
any kind or type”?
11. Proposed Condition of Approval No. 37 seems redundant with, and less complete than,
proposed Condition of Approval No. 16.
Planning Commission - November 21, 2024 Item No. 2b - Additional Materials Received Olea Restaurant Expansion (PA2024-0064)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Daniel Kopshever, Assistant Planner
Date: 11/21/2024
Re: Agenda Item No. 2 PA2024-0064 Olea Restaurant Expansion
In addition to the previous changes made to the draft resolution pursuant to the
memorandum dated 11/19, the following corrections have been made:
•Section 3.B.2 was amended to correct the name of the shopping center
and update the description of areas affected by the project.
•Section 3.C.2 was amended to remove an unnecessary phrase and to
correct additional typographical errors related to required parking.
•Condition of Approval No. 16 was amended to remove reference to a non-
existent table.
•Condition of Approval No. 22 was amended to remove an unnecessary
phrase.
•Condition of Approval No. 37 was removed entirely, as it was redundant.
Enclosures:
Revised draft resolution
Planning Commission - November 21, 2024
Item No. 2c - Additional Materials Received from Staff
Olea Restaurant Expansion (PA2024-0064)
RESOLUTION NO. PC2024-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, SUPERSEDING CONDITIONAL USE
PERMIT NO. UP2016-038 AND APPROVING A CONDITIONAL
USE PERMIT TO EXPAND AN EXISTING RESTAURANT
OPERATING WITH LATE HOURS AND A TYPE 47 (ON-SALE
GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 2001 WESTCLIFF DRIVE,
SUITE 100 (PA2024-0064)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Russell Bendel (“Applicant”), with respect to property located
at 2001 Westcliff Drive, Suite 100, and legally described as Parcel 1 of Lot Merger No. LM
2013-005 (“Property”).
2. The Applicant requests a Conditional Use Permit (“CUP”) to expand an existing 3,205
square foot restaurant known as Olea (“Restaurant”) into an adjacent commercial suite.
With the expansion, the square footage of the Restaurant is proposed to be approximately
4,345 square feet. The increased area will allow the Restaurant to provide additional
seating, an additional restroom, a private dining room, and space for an unamplified player
piano (“Project”). The player piano does not meet the definition of live entertainment
pursuant to Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Newport
Beach Municipal Code (“NBMC”) and no dancing is proposed. The Restaurant currently
provides 498 square feet of outdoor dining area which will not be changed. The hours of
operation for the outdoor dining patio area shall be limited to the hours between 10:00 a.m.
and 11:00 p.m., Sunday through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday
through Saturday. There are no proposed changes to the existing Type 47 (On Sale
General – Eating Place) California Department of Alcoholic Beverage Control (“ABC”)
license or the hours of operation. The Restaurant will continue to be open from 10:00 a.m.
to 12:00 a.m., daily, which is considered late hours. Approval of the Project would
supersede Conditional Use Permit No. UP2016-038 (PA2016-142).
3. The Property is located within the Commercial General (CG) Zoning District and the
General Plan Land Use Element category is General Commercial (CG).
4. The Property is not located within the coastal zone; and therefore, a coastal development
permit is not required.
5. A public hearing was held on November 21, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place, and purpose of the
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both
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written and oral, was presented to and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have
a significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves interior improvements to a food service eating
and drinking establishment in an existing commercial suite within an existing building.
While the Project increases the area used for dining, the additional capacity is a
negligible expansion of use considering the Restaurant and its surrounding
development.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits – Findings and Decision) and Section 20.48.030 (Alcohol Sales), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (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 an area the Newport Beach Police Department (“NBPD”) has
designated as Reporting District 28 (“RD 28”). The NBPD is required to report offenses
of Part One Crimes combined with all arrests for other crimes, both felonies and
misdemeanors (except traffic citations), to the ABC. Part One Crimes are the eight most
serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape,
robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The Part One
Crimes Rate in RD 28 is higher than the Part One Crimes Rate for the City and adjacent
districts. The crime rate in RD 28 is 158% above the Citywide Reporting District average.
However, the Project is not located in an area that has a high concentration of alcohol
licenses; thus, there are no anticipated concerns with allowing the establishment to
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continue to operate with alcohol and late hours. The Police Department does not object
to this Project as conditioned.
2. The NBPD has reviewed the Project. Based on the location and operational
characteristics, the NBPD has no objection to the Project, 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. RD 28 has a higher number of total arrests and calls for service compared to all adjacent
reporting districts. However, the number of alcohol-related arrests is lower than two of
the adjacent reporting districts and represents only 14% of total arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is located in a commercial zoning district and is adjacent to a residential
zoning district, with the Eight 80 Newport Beach apartments located to the southwest of
the Property. It is otherwise surrounded by commercial zoning districts. The restaurant
is separated from the residential zoning district by a parking structure. The proposed
use is surrounded by other commercial uses. There are no day care centers, hospitals,
parks and recreation facilities, places of worship, or similar uses in the immediate
vicinity, except for Bob Henry Park and Newport Harbor High School, which are both
within 3,000 feet of the Project. The Restaurant began serving alcohol in 2016, and
alcohol sales have not been detrimental to the community despite the Restaurant’s
proximity to two sensitive land uses.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The per capita ratio of one license for every 529 residents is lower than all adjacent
reporting districts (with the exception of RD 29 with 0 active licenses) and the average
Citywide ratio. There is no oversaturation of alcohol licenses in this reporting district.
2. Café Sakana is located at 1703 Westcliff Drive to the southeast of the Restaurant, in the
Westcliff Court shopping center. Café Sakana is authorized to operate until 11:00 p.m.
(no late hours) and does not provide live entertainment and dancing. Café Sakana has
a Type 41 (On-Sale Beer & Wine – Eating Place) ABC License. Approximately 750 feet
to the Northeast, Ralphs Supermarket has a Type 21 (Off-Sale General) and Type 86
(Instructional Tasting License) ABC License. CVS Pharmacy, about 300 feet to the
northeast, also has a Type 21 (Off-Sale General) ABC License. Approximately 750 feet
to the northeast, three adjacent restaurants operate with Type 41 (On-Sale Beer & Wine
– Eating Place) ABC Licenses. These three restaurants are the Chicken Shop, Pandor
Bakery and Café, and OEB Breakfast Company.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. There are no current objectionable conditions caused by the sale of alcohol. The Project
is an expansion to an existing restaurant, and the one call for service to the address in
2015 was not for crimes due to the business practice of the Applicant or over service of
alcohol. There is no evidence suggesting that this use has been detrimental to the
neighborhood.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Property is categorized as General Commercial (CG) by the Land Use Element of
the General Plan. The General Commercial (CG) designation is intended to provide a
wide variety of commercial activities oriented primarily to serve citywide or regional
needs. A restaurant is consistent with this designation.
2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are
consistent with the General Commercial (CG) designation. The expanded outdoor dining
restaurant area does not alter the mix of commercial uses within Design PlazaThe Walk
or change the primary use of the area away from the wide variety of commercial uses
consistent with the General Commercial (CG) designation.
3. The Restaurant is an up-scale, sit-down restaurant with gourmet food and drink options.
There is bar seating available and an outdoor patio with eight tables for patrons.
4. The Project is in support of General Plan Policy LU 2.1 (Resident-Serving Land Uses)
as it provides for the recreation, culture, and social needs of the city’s residents.
5. The Project will also serve visitors to Newport Beach, which helps ensure the area
remains vibrant and successful. The Project is also in support of General Plan Policy LU
2.4 (Economic Development) which encourages the accommodation of uses that
maintain or enhance Newport Beach’s fiscal health and account for market demands,
while maintaining and improving the quality of life for current and future residents.
6. 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 the Zoning Code and the Municipal Code.
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Facts in Support of Finding:
1. The Property is located in the Commercial General (CG) Zoning District, which is
intended to provide a wide variety of commercial activities oriented primarily to serve
citywide or regional needs. Food service eating and drinking establishments with alcohol
and late hours are permitted in this zone with approval of a CUP.
2. The proposal does not include a request to increase floor area beyond what was
approved under the original entitlement, Site Development Review No. SD2013-003.
The Restaurant will expand into an adjacent suite that is entirely within the existing
building footprint. Existing Use Permit No. UP2016-038 (PA2016-142) allows Olea to
operate with a Type 47 (On-sale General – Eating Place) Alcoholic Beverage Control
(ABC) license and with late hours (from 10:00 a.m. to 12:00 a.m., daily). The
construction of the building was completed before the Restaurant began operating in
2016, and there have been no other tenants of the subject suite. Operator License
OL2016-008 was obtained after the approval of the CUP and prior to operation of the
Restaurant.
3. The Project is designed with 2,159 square feet of interior net public area and a 4898-
square-foot outdoor patio. The total proposed square footage including non-public areas
is 4,345 square feet. Per Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) of the Newport Beach Municipal Code, restaurants require parking spaces at
a rate of 1 space per 100 square feet of gross floor area, and 1 space per 150 square
feet for outdoor dining areas. The resulting parking requirement is based on 4,3452,648
square feet of interior floor area and 498 square feet of outdoor dining area, with a total
requirement of 4832 spaces (498 square feet/150 square feet = 4 spaces + 4,345
2,707/100 square feet = 28 44 spaces). The total required parking for the site after the
proposed expansion would be 369 spaces, leaving a surplus of 35 on-site parking
spaces remaining.This is consistent with the Site Development Review approved in
2013 that estimated 52 spaces for restaurants.
4. The Property was developed with surplus parking beyond what was required with the
original entitlement and provides sufficient surplus parking for the Restaurant expansion.
The Restaurant is located within an existing commercial center known as The Walk,
which is provided 404 404 parking spaces, and 3691 spaces are required when
including the 32 48 spaces required by the Project. This leaves 43 35 surplus spaces
for the center.
5. A player piano is proposed within the interior expansion area. The intent of the player
piano is to provide music to accompany dining. The player piano does not meet the
definition of live entertainment pursuant to Section 20.70.020 (Definitions of Specialized
Terms and Phrases). “Live entertainment” means entertainment provided by one or
more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For
purposes of this definition, a disc jockey or a person whose performance consists of
selecting or manipulating prerecorded music is considered a performer. This definition
does not include “Adult-oriented businesses” and does not include live, unamplified
musical accompaniment to dining in a restaurant by no more than two performers,
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including patrons, without dancing. Condition of Approval No. 18 requires the player
piano to be unamplified, for music to be performed by no more than two performers,
including patrons, and that no dancing is proposed. Therefore, the proposed piano does
not constitute live entertainment per the NBMC.
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. The Restaurant is located on the ground floor of an existing multi-tenant, three-story
commercial building. The adjacent ground floor tenant is Salt and Straw, an ice cream
shop which operates from 11:00 a.m. to 11:00 p.m., daily. There are medical offices
above the subject suite. The Project is the only restaurant use with both alcohol and late
hours in the immediate vicinity and has been operating without conflicting with the other
uses in the area since its inception in 2016. The Restaurant is within a corner suite and
is both easily visible and accessible from the large, shared parking lot.
2. Two trash enclosures on concrete pads with three walls, self-latching gates, and
decorative solid roofs are provided on site in compliance with 20.30.120 (Solid Waste
and Recyclable Materials Storage). Condition of Approval No. 21 requires the Applicant
to control trash and litter around the Property.
3. The operational conditions of approval recommended by the NBPD relative to the sale
of alcoholic beverages, including an operator license, will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts. Condition of Approval No.
28 ensures the welfare of the surrounding community by preventing the food service
eating and drinking establishment from becoming a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control Department
to ensure the safety and welfare of customers and employees of the establishment. The
Project has been conditioned so that no dancing or live entertainment will be permitted
on the premises.
4. Although the Property is adjacent to a large multi-unit residential property, the tenant
space and outdoor patio are separated from the residential uses by the rest of the
building containing the Project, a parking structure, the public street Sherington Place,
and the off-street surface parking serving the multi-unit residential property.
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 tenant space is located within an existing commercial building approved by site
development review in 2014. The design, size, and location were approved by Site
Development Review No. SD2013-003.
2. Vehicular access is provided from four 30-foot-wide vehicular entry drives, two fronting
Sherington Place and two fronting Westcliff Drive. Pedestrian access is available via
sidewalk surrounding the property.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. The Fire Department has reviewed the Project and had no
concerns from the perspective of first responders.
4. Condition of Approval No. 4 is included to ensure that the Applicant obtains all necessary
approvals from Orange County Health Department to ensure the safety and welfare of
customers and employees.
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. Condition of Approval No. 29 protects the neighborhood from the proliferation of alcohol
consumption spilling over into adjacent properties as it states that no alcoholic beverages
shall be consumed on any property adjacent to the licensed premises under the control of
the licensee.
2. The Project has been reviewed by the Planning Division, and Condition of Approval No.
24 is included to ensure that potential conflicts with the surrounding land uses are
minimized to the greatest extent possible. The operator is required to take reasonable
steps to discourage and correct objectionable conditions that constitute a nuisance in
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment.
3. The Restaurant will provide a service to the neighborhood by providing dining services
as a public convenience to the nearby multiple-unit residential uses as well as the
visitors to the area, which is an intent of the Commercial General Zoning Designation.
The service of alcohol will complement the principal use of the establishment and
provide an economic opportunity for the property owner and business owner to maintain
a successful business in a way that best serves the community.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves the Conditional
Use Permit filed as PA2024-0064, subject to the conditions set forth in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this resolution was
adopted unless within such time an appeal is filed with the City Clerk in accordance with
the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code.
4. This resolution supersedes Use Permit No. UP2016-038 (PA2016-142) which upon
vesting of the rights authorized by PA2024-0064, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF NOVEMBER 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except
as modified by applicable conditions of approval).
2. Conditional Use Permit No. PA2024-0064 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Conditional
Use Permit.
5. The Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so as
not to constitute a public nuisance.
6. The operator shall be required to obtain an operator license consistent with Chapter 5.25
of the NBMC.
7. Any change in operational characteristics, expansion in area, or other modification to the
approved plans shall require subsequent review by the Planning Division and may require
an amendment to this Conditional Use Permit or the processing of a new Conditional Use
Permit.
8. 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.
9. 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.
10. Prior to the issuance of a building permit, a copy of this approval letter shall be incorporated
into the Building Division and field sets of plans.
Planning Commission - November 21, 2024 Item No. 2c - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
Planning Commission Resolution No. PC2024-024
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11. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are easily discernible from other elements of the plans.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 10:00 a.m. and 12:00 a.m. daily. The hours of operation for the outdoor
dining patio area shall be limited to the hours between 10:00 a.m. and 11:00 p.m., Sunday
through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday through Saturday. All
customers shall vacate the establishment no later than 30 minutes following this closing
time.
13. 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.
14. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC and with the approved sign program for the site (PA2021-270).
15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the
NBMC. The Community Development Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated. If new outdoor
lighting is proposed, the Applicant shall submit a photometric survey as part of the plan
check to verify illumination complies with the Zoning Code standards.
16. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noisce Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played in
the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26
(Community Noice Control) of the NBMC.
17. NThat no loudspeakers or paging system shall be permitted in conjunction with the facility.
18. The proposed player piano for dining accompaniment shall be unamplified, and music shall
be played by no more than two performers, including patrons. Dancing is not permitted
without an amendment to allow live entertainment.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise
Regulations) of the NBMC, which restricts hours of noise-generating construction activities
to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
Planning Commission - November 21, 2024 Item No. 2c - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
Planning Commission Resolution No. PC2024-024
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and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on
Sundays or holidays.
20. 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).
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. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects within a
nonresidential zoning district shall not be allowed 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.
23. Storage outside of the building in the front or at the rear of the property shall be prohibited,
with the exception of the trash container on pick-up days.
24. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the alcoholic beverage outlet and adjacent properties during business hours.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
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 Olea Conditional Use Permit including, but not limited to, Conditional Use
Permit No. PA2024-0064. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
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Planning Commission Resolution No. PC2024-024
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shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Police Department
27. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner’s, manager’s, and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
31. 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.
32. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
33. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
34. 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 NBPD on demand.
35. There shall be no exterior advertising or signs of any kind orf 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.
36. Strict adherence to maximum occupancy limit is required.
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Planning Commission Resolution No. PC2024-024
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37. The operator of the restaurant shall be responsible for the control of noise generated by
the Project. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control requirements
of the NBMC.
38.37. “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 orders forof the
sale of drinks is prohibited (excluding charges for pricex fixed meals).
39.38. The outdoor dining patio shall be separated from the commercial corridor with a solid
decorative barrier (subject to ADA compliance) at least 26 inches high placed around the
perimeter of the consumption area.
40.39. The Applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, “No alcoholic
Beverages Beyond This Point” at all premises exits.
41.40. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
Building Division
42.41. The occupant load for the private dining room shall be limited to 49 persons.
43.42. The Applicant shall provide an accessible path of travel from the parking area and public
right of way to the tenant space pursuant to 11B-202.4 of the California Building Code
(CBC).
44.43. The Applicant shall provide a minimum of 5%, or 1 (whichever is greater), accessible
seatings for each type of seating present.
Planning Commission - November 21, 2024 Item No. 2c - Additional Materials Received from Staff Olea Restaurant Expansion (PA2024-0064)
OLEA EXPANSION
CONDITIONAL USE PERMIT (PA2024-0064)
Planning Commission Public Hearing, November 21, 2024
Daniel Kopshever, Assistant Planner
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
VICINITY MAP
2
Restaurant Location
Eight 80
Apartments
Restaurants
Shopping
Center
Ralphs / CVS
Apartments
Retail
Restaurants
Chase Bank
Medical
Offices
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
PROJECT LOCATION
3
Olea Restaurant
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
PROJECT DESCRIPTION
4
Existing Proposed
Gross Floor Area 3,205 sq. ft.4,345 sq. ft.
Outdoor Patio 498 sq. ft.No change
Seating Count 98 (114 allowable)144
Hours of Operation Interior 10:00 a.m. to 12:00 a.m., daily No change
Hours of Operation Patio 10:00 a.m. to 11:00 p.m. Sunday
through Wednesday and 10:00
a.m. to 12:00 a.m. Thursday
through Saturday
No change
Live Entertainment Not allowed No change
Dancing Not allowed No change
ABC License Type Type 47 (On-Sale General –
Eating Place)
No change
On-Site Parking Existing surplus parking is sufficient to cover proposed expansion
The project will need an updated Operator’s license due to the expansion
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
FLOOR PLAN
5
Existing Approved Proposed
Outdoor Patio 498 SF
Interior Public Area 2,159 SF
Outdoor Patio 498 SF
Interior Public Area 1,409 SF
Back of House 2,186 SF
Back of House 1,796 SF
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
PARKING
6
Proposed
404 spaces provided
(garage and surface)
369 required
35 surplus
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
FINDINGS
7
•Appropriate land use for Commercial General zoning.
•No change to existing operational characteristics.
•Existing surplus parking is adequate for the proposed expansion.
•Police Department has reviewed and provided conditions of approval incorporated in Resolution.
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
NOTABLE CONDITIONS
8
•No. 18: The proposed player piano for dining accompaniment shall be unamplified, and music shall be played by no more than two performers, including patrons. Dancing is not permitted without an amendment to allow live entertainment.
•No. 28: Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC.
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
RECOMMENDED ACTION
9
•Conduct a public hearing;
•Find this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 under Class 1
(Existing Facilities) and Class 3 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines,
because it has no potential to have a significant effect on the
environment; and
•Adopt Resolution No. PC2024-024 approving a Conditional
Use Permit pursuant to PA2024-0080 (Attachment No. PC 1).
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)
QUESTIONS AND DISCUSSION
Planning Commission Public Hearing, November 21, 2024
10
Planning Commission - November 21, 2024 Item No. 2d - Additional Materials Presented at the Meeting by Staff Olea Expansion (PA2024-0064)