HomeMy WebLinkAbout2.0_Uchi Sushi Restaurant_PA2024-0068CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 5, 2024
Agenda Item No. 2
SUBJECT: Uchi Sushi Restaurant (PA2024-0068)
▪Conditional Use Permit
▪Coastal Development Permit
SITE LOCATION: 2510 West Coast Highway
APPLICANT: B.E. Architects
OWNER: 2510 West Coast Highway and 2436 West Coast Highway
PLANNER: Jenny Tran, Associate Planner
949-644-3212 or jtran@newportbeachca.gov
PROJECT SUMMARY
A request for a conditional use permit and coastal development permit to convert a 5,096
square-foot vacant suite to a new eating and drinking establishment (i.e., restaurant) with
2,400 square feet of net public area (NPA) and a Type 47 (On-Sale General – Eating Place)
Alcohol Beverage Control (ABC) License. The existing vacant suite was previously
approved for use as a retail use (grocery store). The project includes a request to use valet
parking and locate a portion of the required 48 parking spaces off-site at 2436 West Coast
Highway. The proposed hours of operation are between 5:00 p.m. and 11:00 p.m., daily.
The project does not include a request for late hours (after 11:00 p.m.) or live entertainment.
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. PC2024-026 approving the conditional use permit and coastal
development permit filed as PA2024-0068 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Horizontal 1
(MU-H1)
Mixed-Use Mariners’
Mile
(MU-MM)
Mixed-use building
(under construction)
NORTH
Single Unit Residential
(RS-D) / Parks and
Recreation (PR)
Single-Unit Residential
(R-1) / Parks and
Recreation (PR)
Single-unit residences and John
Wayne Park
SOUTH Mixed-Use Water 1
(MU-W1)
Mixed-Use Water
(MU-W1)
Coast Highway and Boat tour
agency / various commercial uses
EAST MU-H1 MU-MM Day care center/pre-school
WEST MU-H1 MU-MM Various commercial uses
Subject Property
Off-site parking
lot
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INTRODUCTION
Project Setting
The subject property is located within the Mariners’ Mile Corridor on the inland side of
Coast Highway and is approximately 0.98 acres. The property is bound by Avon Street to
the north, West Coast Highway to the south, a day care center to the east, and various
commercial uses to the west. The property was previously developed with a marine sales
facility and is currently under construction with a new mixed-use development that
includes 36 multi-unit residential units and a 5,096-square-foot commercial building.
Background
On February 18, 2021, the Planning Commission approved a Coastal Development
Permit, Site Development Review, Tentative Parcel Map, Conditional Use Permit, and
Affordable Housing Implementation Plan filed as PA2019-249. The approval authorized
the demolition of an existing marine sales building and construction of a three-story
mixed-use development for 35 residential dwelling units and an 11,266-square-foot
boutique auto showroom that included a mezzanine and office. Subsequently, the project
was called for review by the City Council and on July 27, 2021, the City Council upheld
the Planning Commission’s approval with a few modifications. The decision authorized a
modification to increase the residential dwelling units to 36 units, reduce the commercial
component of the project to 5,096 square feet, change the commercial use to office and
eliminate the auto showroom. This also eliminated the need for a conditional use permit,
as it was only required for the establishment of the auto showroom and the associated
off-site parking component.
On March 9, 2023, the Planning Commission approved an amendment to the Coastal
Development Permit and a Traffic Study filed as PA2022-101 to authorize the conversion
of the office building to a retail use (i.e., grocery store).
The prior marine sales facility has since been demolished and a building permit has been
issued (Permit No. X2022-0924) for the construction of the mixed-use development. The
building permit was issued in February of 2024 and the property is currently under
construction and anticipated for completion by 2026.
Project Description
The applicant requests approval of a conditional use permit and coastal development
permit to convert the 5,096-square-foot commercial building to a fine-dining sushi
restaurant. The restaurant will have both seated tables and bar dining areas. The request
also includes a Type 47 ABC License for alcoholic beverages (beer, wine, and spirits) to
be served in conjunction with the restaurant. The restaurant is proposed to operate during
typical dinner hours between 5:00 p.m. and 11:00 p.m., daily. The project does not include
a request for late hours (after 11:00 p.m.), live entertainment, or outdoor dining areas. Figure
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1 below shows a partial site plan of the ground floor with the proposed restaurant and on-
site parking spaces.
Figure 1: Partial site plan with proposed restaurant and on-site parking spaces.
Additionally, the project includes a request for a portion of the required parking spaces to
be located off-site on a nearby property at 2436 West Coast Highway. A total of 48 parking
spaces are required; 16 parking spaces will be located on-site and 32 parking spaces will
be located off-site. All 48 parking spaces will be valet parked. Figure 2 below shows the
location of the off-site parking lot as well as the access to and from the parking lot from
the subject property via Avon Street.
Proposed
Restaurant
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Figure 2: Access to the off-site parking lot from the subject property via Avon Street.
DISCUSSION
Analysis
General Plan
The General Plan Land Use Element designates the site as Mixed-Use Horizontal (MU-
H1), which provides for a horizontal intermixing of uses. For properties located on the
inland side of Coast Highway in the Mariners’ Mile Corridor, such as the subject property,
the General Plan land use designation intends for marine-related and highway-oriented
general commercial uses along the highway frontage of the property. The rear portions
of properties may be developed with free-standing neighborhood-serving retail, multi-unit
residential units, or mixed-use buildings that integrate residential with retail uses on the
ground floor. The development under construction is consistent with the MU-H1 General
Plan designation as the commercial building is located along the frontage of Coast
Highway and the multi-unit residential units are located towards the rear of the property.
The project proposes to convert the commercial building along the West Coast Highway
frontage to a restaurant which is consistent with the MU-H1 designation.
Subject Property
(under construction)
Off-Site Parking
Lot
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Local Coastal Plan
The Coastal Land Use Plan (CLUP) designates the site as Mixed-Use – Horizontal (MU-
H). The MU-H category is intended to provide for the development of areas for a
horizontally distributed mixed of uses, which may include general or neighborhood
commercial, commercial offices, multi-unit residential, visitor-serving, and marine-related
uses, and/or buildings that vertically integrate residential with commercial uses. The
mixed-use development that is under construction is consistent with the Local Coastal
Plan designation. The proposed project to convert the commercial building to a restaurant
is also consistent with this designation and will serve the surrounding neighborhood and
visitors to the area.
Zoning Code
The property is within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District of the
NBMC, which limits the Coast Highway frontage to nonresidential uses. The proposed
restaurant is categorized as a Food Service (no late hours) land use and is allowed with
approval of a minor use permit. However, the project also includes a request for a portion
of the required parking to be provided off-site with a valet service which, pursuant to
Section 20.40.100 (Off-Site Parking) of the NBMC, requires the approval of a conditional
use permit.
Conditional Use Permit Findings
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits
– Findings and Decision) of the NBMC, the Planning Commission must also make the
following findings for approval:
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.
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As previously discussed, the proposed restaurant is consistent with the purpose and
intent of the MU-H1 General Plan Land Use designation. Restaurants with alcohol are
common in this area and are complementary to the surrounding commercial and retail
services. The restaurant will be oriented along the frontage of the property and away from
the residential zoning district towards the rear of the property which is consistent with the
General Plan Land Use Element and Zoning Code for this property and for the intended
development for Mariners’ Mile. The restaurant will provide a convenient commercial
service for residents and visitors to the City.
The restaurant is intended to be a fine-dining restaurant that only operates during typical
dinner hours between 5:00 p.m. and 11:00 p.m., daily. The project does not include late
hours, live entertainment, or an outdoor dining area that could potentially create a
nuisance or noise impacts for the residents of the multi-unit residential dwelling units on
the property or the residential development behind the property.
Pursuant to Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the
NBMC, the restaurant requires a minimum of 48 square-feet for the refuse enclosure
area. A commercial refuse storage area that complies with this requirement is provided
and screened from the rights-of-way and drive aisles.
Although Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC was
recently amended to require one parking space per 100 square-feet of gross floor area
for eating and drinking establishments, the property is within the Coastal Zone and
required parking must comply with Title 21 (Local Coastal Program Implementation Plan)
of the NBMC. Pursuant to Table 21.40-1 (Off-Street Parking Requirements) of Section
21.40.040 (Off-Street Parking Space Required), the restaurant use requires one parking
space per a range of 30 to 50 square feet of net public area (NPA)1. Pursuant to Section
21.40.060 (Parking Requirements for Food Service Uses) of the NBMC, the Planning
Commission shall establish the off-street parking requirement for food service uses based
upon consideration of the physical design characteristics, operational characteristics, and
location of the establishment. A Parking Evaluation was prepared by Urban Crossroads
dated October 2, 2024, to analyze the project’s parking demand and program the valet
operation (Attachment No. PC 2).
Based on the Parking Evaluation prepared by Urban Crossroads and the considerations
listed above, a rate of one space per 50 square feet of NPA was determined to be
appropriate for the proposed use. The restaurant has a total NPA of 2,400 square feet
which requires 48 parking spaces. All 48 parking spaces are provided with 16 valet
parking spaces on-site and 32 valet parking spaces off-site at 2436 West Coast Highway.
The valet parking plan that was provided as part of the Parking Evaluation was reviewed
1 Pursuant to Chapter 20.70 (Definitions), 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.
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and approved by the Public Works Department and City Traffic Engineer. Additional
discussion of the off-site parking is provided under the Off-Site Parking Findings below.
The fine-dining restaurant would generate fewer trips than the approved retail grocery
store use as determined by the City Traffic Engineer and, therefore, a new Traffic Study
is not required for the project.
Off-Site Parking Findings
In accordance with Section 20.40.100(B) (Off-Site Parking – Findings) of the NBMC, in
order to approve a conditional use permit for an off-site parking facility, the following
findings and facts in support of such findings are set forth:
1. The parking facility is located within a convenient distance to the use it is intended
to serve;
2. On-street parking is not being counted towards meeting parking requirements;
3. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area; and
4. The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
To meet the required parking demand, the project proposes to use an off-site parking lot
at 2436 West Coast Highway. Patrons will enter the site via the main driveway on West
Coast Highway where valet staff will either direct vehicles to an available parking space
on-site or to one of the four queueing spaces on-site. Once dropped off, valet staff will
park the vehicles in one of the 16 on-site parking spaces or at the off-site parking lot that
is accessed via Avon Street in the rear of the property. The property is approximately 60-
feet away from the subject property and valet staff are able to easily walk to the off-site
parking location to pick-up and drop-off vehicles for patrons of the restaurant.
The off-site parking lot serves a commercial office building during the daytime. The
various commercial and office uses at 2436 West Coast Highway predominantly operate
during daytime hours that end around 5:00 p.m. The restaurant will operate during typical
dinner hours between 5:00 p.m. and 11:00 p.m., daily and the use of the parking spaces
are not anticipated to overlap with the uses on the property. Condition of Approval No. 8
is included to ensure the hours of operation will not conflict with the office building.
Additionally, the restaurant staff will use the on-site parking spaces first and once the on-
site parking spaces are filled, vehicles will be parked on the off-site parking lot. The off-
site parking lot has 38 striped parking spaces and 32 will be made available for the
restaurant.
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Although the project proposes to provide all required parking spaces (between the on-
site and off-site parking spaces), the property is also within proximity to the Avon Parking
Lot which provides additional public parking opportunities. West Coast Highway also has
several locations for on-street parking within proximity of the property.
Condition of Approval No. 6 is included to ensure a parking agreement or covenant is
recorded between the owner of operator of the Project and the off-site location to
guarantee the availability of the required off-street parking spaces. Additionally, should
the off-site parking spaces become unavailable, the condition will require the owner to
provide substitute parking, reduce the size of the restaurant operation in proportion to the
parking spaces lost, or obtain a parking reduction pursuant to Section 21.40.110
(Adjustments to Off-Street Parking Requirements) of the NBMC.
Coastal Development Permit Findings
The subject property is located within the Coastal Zone. As part of the previously
approved project for the mixed-use development as well as the project to convert the
office building to a grocery store, a coastal development permit and, subsequently an
amendment to the coastal development permit were approved. The project proposes to
convert the approved grocery store to a restaurant which would involve an increase in
required parking and, therefore, is considered an intensification of use which requires
approval of a coastal development permit. In accordance with Section 21.52.015(F)
(Coastal Development Permits – Findings and Decisions) of the NBMC, the Planning
Commission must almost make the following findings for approval:
1. Conforms to all applicable sections of the certified Local Coastal Program; and
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
As previously discussed, the conversion of a grocery store to a restaurant is consistent
with the MU-H designation by the CLUP and MU-MM Coastal Zoning District. The
property is on the inland side of the Mariners’ Mile Corridor that is intended for commercial
uses along the West Coast Highway frontage. Adequate parking for the project is
provided both on-site and on an off-site location and the project will not create a loss of
the existing on-street parking spaces along West Coast Highway or any public parking
facilities in the surrounding area. The project does not anticipate significantly increasing
the demand on public access and recreational opportunities nor will it impact any public
access easements.
The mixed-use development is under construction and the project will occupy the
commercial building. The project does not propose an increase in square footage or
height that would impede public access or impact public views. A brief analysis of CLUP
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policies which support the project is included in the draft resolution (Attachment No. PC
1).
Alcohol Sales Findings
The Applicant requests a Type 47 (On-Sale General – Eating Place) Alcohol Beverage
Control (ABC) License in conjunction with the restaurant, which would allow the sale of
beer, wine, and spirits. When reviewing the application to allow an eating or drinking
establishment to sell, serve, or give away alcohol, Section 20.48.030 (Alcohol Sales) of
the NBMC requires the Planning Commission to consider impacts to adjacent uses and
proximity to existing alcohol sales, both for on-site and off-site consumption. The Planning
Commission must find that:
1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales) of the Zoning Code.
The purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is to maintain
a healthy environment for residents and businesses by establishing a set of consistent
standards for the safe operation of alcohol establishments. The project has been
reviewed by the Newport Beach Police Department (NBPD) and conditioned to ensure
that the purpose and intent of this section is maintained and that a healthy environment
for residents and businesses is preserved. Alcohol service will be provided for the
convenience of customers of the restaurant.
The NBPD prepared a Crime and Alcohol Related Statistics Report using the latest
available data (2023) and a memorandum for the project (Attachment No. PC 3). The
data is incorporated into the factors for consideration in the draft Resolution (Attachment
No. PC 1). The subject property is in Reporting District 26 (RD 26). Based on the statistics
provided by the NBPD, RD 26 had a total of 107 arrests in 2023 and zero of the arrests
were associated with the subject property. Operational conditions of approval were
recommended by the NBPD relative to the sale of alcoholic beverages that will ensure
compatibility with the surrounding uses and minimize alcohol-related impacts.
All conditions of approval recommended by the NBPD are incorporated into Exhibit “A” of
the attached Resolution.
Summary and Alternatives
In conclusion, the proposed project is consistent with the City’s goals and objectives of
the General Plan. The restaurant will provide a service to the Mariners’ Mile Corridor,
surrounding businesses, residents, and visitors to the City. Staff believes the findings for
approval can be made to support the proposed project and the facts in support of the
required findings are presented in the draft Resolution (Attachment No. PC 1). The
following alternatives are available to the Planning Commission should they feel the facts
are not in evidence of support for the project application:
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1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project; or
2. If the Planning Commission does not believe the facts in support of findings can
be made, the Planning Commission may deny the application request.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on
the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project involves the conversion of a permitted commercial building into a
restaurant. No additions to the building are proposed as part of this project and therefore,
the project qualifies for a categorical exemption under Class 1.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
occupants of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant, and posted on the subject property
at least 10 days before the scheduled 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:
________________________
Jenny Tran
Associate Planner
Submitted by:
LAW/jt
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ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Parking Evaluation by Urban Crossroads dated October 2, 2024
PC 3 Police Department Memorandum
PC 4 Project Plans
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Attachment No. PC 1
Draft Resolution and Findings and
Conditions
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RESOLUTION NO. PC2024-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT
WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE)
ALCOHOL BEVERAGE CONTROL LICENSE AT 2510 WEST
COAST HIGHWAY AND OFF-SITE PARKING AT 2436 WEST
COAST HIGHWAY (PA2024-0068)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by B.E. Architects (“Applicant”) on behalf of 2510 W. Coast Hwy,
LLC and 2510 W Coast Hwy Eat, LLC (“Owner”), with respect to property located at 2510
West Coast Highway, and legally described as Parcel 1 of Parcel Map No. 2023-168
(“Property”) requesting approval of a conditional use permit (“CUP”) and coastal
development permit (“CDP”).
2. On July 27, 2021, the City Council approved a coastal development permit, site
development review, tentative parcel map, and affordable housing implementation plan
(PA2019-249) for a mixed-use development consisting of multi-family residential units and
a commercial office.
3. The Planning Commission approved a CDP and traffic study (PA2022-101) on March 9,
2023, to modify the commercial component of the mixed-use development from an office
to retail sales (i.e. grocery store).
4. The Applicant requests a CUP and CDP to convert a 5,096 square-foot vacant suite to a
new eating and drinking establishment (“Restaurant”) with 2,400 square-feet of net public
area (“NPA”) and a Type 47 (On-Sale General – Eating Place) Department of Alcohol
Beverage Control (“ABC”) License (“Project”). The existing suite is currently vacant but
was previously approved for retail use (grocery store). The Project includes a request to
use valet parking and locate a portion of the required 48 parking spaces off-site at 2436
West Coast Highway. The proposed hours of operation are between 5:00 p.m. and 11:00
p.m., daily. The Project does not include a request for late hours or live entertainment.
5. The Property is categorized as Mixed-Use Horizontal 1 (MU-H1) by the General Plan Land
Use Element and is located within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District.
6. The Property is located within the coastal zone. The Coastal Land Use Plan (“CLUP”)
category is Mixed-Use Horizontal (MU-H), and it is located within the Mixed-Use Mariners’
Mile (MU-MM) Coastal Zoning District.
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7. A public hearing was held by the Planning Commission on December 5, 2024, in the
Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place,
and purpose of the hearing was given in accordance with California Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public
Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this public
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 California Code of Regulations,
Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on
the environment (“CEQA Guidelines”).
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
license, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing
use. The Project is located on a site that has approved permits for a mixed-use
development that includes multi-family residential units and a commercial building on
the ground floor. The Project includes interior improvements to convert the commercial
building to a restaurant and therefore qualifies for the Class 1 exemption.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, 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 (Alcohol Sales)
of the Zoning Code;
Facts in Support of Finding:
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in Reporting District 26 (“RD 26”). The Newport Beach Police
Department (“NBPD”) is required to report offenses of criminal homicide, forcible
rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle
theft, combined with all arrests for other crimes, both felonies and misdemeanors
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(except traffic citations) to ABC. These figures make up the “Crime Count” for
each reporting district. RD 26 is reported as a high crime area as compared to
adjacent reporting districts in the City, including RD 25 and RD 41. The subject
RD’s Crime Count is 189, which is 60% over the City-wide crime count average
of 118. The highest volume of crime in this area is theft and the highest volume
of arrests in the area are drug-related offenses.
2. Since RD 26 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 31% above the City-wide average, RD 28 is 132% above
the average, and RD 41 is 3% below the average. Of the 38 reporting districts in
Newport Beach, 12 are reported to ABC as high crime areas.
3. The NBPD has reviewed the Project and does not have any objection to the
request to permit a restaurant with a Type 47 (On-Sale General – Eating Place)
ABC License without late hours subject to appropriate conditions of approval. All
NBPD recommended conditions of approval have been included in Exhibit “A” of
this resolution.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
Reporting District Alcohol Related Arrests1 Total Arrests
RD 26 (subject RD) 29 107
RD 25 21 83
RD 28 6 114
RD 41 20 58
Newport Beach 637 2,732
1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests.
1. In RD 26, DUI (alcohol), public intoxication, and liquor law violations make up
roughly 27% of arrests. In comparison, the figure for neighboring RD 25 is roughly
25%, RD 28 is roughly 5%, and RD 41 is roughly 34%. These statistics reflect the
City of Newport Beach’s data for 2023, which is the latest available data.
2. RD 26 has a higher percentage of arrests than RD 28 but has similar percentages
of arrests as the other neighboring reporting districts. Of the 107 alcohol related
arrests in RD 26, no alcohol related arrests were attributed to the Property.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, place of worship, schools, other similar uses,
and any uses that attract minors.
1. The Property is currently being developed with a mixed-use development for
multi-family residential and commercial use. The Property is adjacent to John
Wayne Park and residential zoning districts towards the rear across Avon Street.
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The Restaurant will be located at the front of the Property and is oriented towards
West Coast Highway and away from the public park and residential neighborhood
in the rear.
2. The Property is adjacent to a day care center/preschool to the east that operates
in the daytime with typical hours between 8:00 a.m. and 5:00 p.m., Monday
through Friday. The Restaurant will operate during dinner hours between 5:00
p.m. and 11:00 p.m., which will not overlap with the adjacent day care
center/preschool. Additionally, the Restaurant will operate as a fine-dining
restaurant with incidental alcohol services rather than a destination use for the
consumption of alcohol.
3. The surrounding commercial uses on the inland side of West Coast Highway
consist of various general commercial, retail, and restaurants and the Project will
be compatible with the surrounding uses. The restaurant is intended to be a high-
quality fine-dining Restaurant with alcohol services that would be complementary
to the dinner services rather than a destination solely for alcohol services.
4. Restaurants with incidental alcohol services are common within this area of
Mariners’ Mile and the proposed Restaurant with an ABC license is not
anticipated to detriment the area. The Project includes conditions of approval to
minimize impacts to the surrounding land uses and ensure that the use remains
compatible with the surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. The Property is located within census tract 634. This census tract has an
approximate population of 4,776 residents with approximately 17 active on-sale
alcohol licenses, which is a per capita ratio of one on-sale license for every 281
residents. The per capita ratio of on-sale alcohol licenses for Orange County is
one license for every 822 residents. This location meets the legal criteria for
undue concentration pertaining to alcohol establishments.
2. The closest establishments selling alcoholic beverages for on-site consumption
are Sol Grill, located approximately 270-feet east of the Property, and
GuacAmigos, located approximately 250-feet west of the Property.
3. Although the per capita ratio of on-sale alcohol licenses to residents is higher
than the average in Orange County and the Property is proximate to
establishments selling alcoholic beverages for on-site consumption, the
operational conditions of approval recommended by the NBPD will ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
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v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring on the site.
Conditional Use Permit
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The General Plan land use category for the Property is Mixed-Use Horizontal 1 ( MU-
H1), which is intended to provide for a horizontal mixing of uses. For properties located
on the inland side of Coast Highway in the Mariners’ Mile Corridor, such as this Property,
the Coast Highway frontages shall be developed with marine-related and highway-
oriented general commercial uses in accordance with Recreational and Marine
Commercial (CM) and General Commercial (CG) land use designations. The Project is
for a new restaurant on a Property that is currently being developed for both residential
and commercial uses. This will provide an additional commercial service for on-site
residents as well as residents and visitors to the City.
2. The Project is consistent with the following General Plan Land Use policies applicable
to the Project:
a. Land Use Policy LU 2.4 (Economic Development). Accommodate use that
maintain or enhance Newport Beach’s fiscal health and account for market
demands, while maintain and improving the quality of life for current and future
residents.
The Project will provide to the City a new fine-dining restaurant that will serve
the neighborhood as well as residents and visitors to the City. Additionally,
the Restaurant is part of a mixed-use development under construction that
consists of multi-family residential units and a commercial building. The
Restaurant will provide an opportunity for employment and serves as a nearby
dinner option for future residents of the residential units.
b. Land Use Policy LU 5.3.6 (Parking Adequacy and Location). Require that
adequate parking be provided and is conveniently located to serve tenants
and customers. Set open parking lots back from public streets and pedestrian
ways and screen with buildings, architectural walls, or dense landscaping.
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Although Section 20.40.040 (Off-Street Parking Spaces Required) of the
NBMC has been updated with new parking standards, associated changes to
Title 21 (Local Coastal Program Implementation Plan) have not been
approved by the California Coastal Commission yet. Since the Property is
located within the Coastal Zone, the existing parking requirements in Section
21.40.040 (Off-Street Parking Spaces Required) would still apply. Section
21.40.040 (Off-Street Parking Spaces Required) of the NBMC requires a
parking rate of one parking space per 30-50 square feet of NPA for the Food
Service land use (with or without alcohol, with or without late hours). The
Project requires one parking space per 50 square feet of NPA for a restaurant
with 2,400 square feet of NPA, or 48 parking spaces. The Project provides 48
valet parking spaces including 16 valet parking spaces on-site and 32 parking
spaces off-site on a nearby property at 2436 West Coast Highway. Valet
access to the off-site parking spaces is through Avon Street in the rear of the
Property rather than through West Coast Highway.
c. Land Use Policy LU 6.19.4 (Inland side of Coast Highway [designated as
“MU-H1,” “CG(0.3),” and “CG(0.5)” Sub-Areas B and C]). Accommodate
a mix of visitor- and local-serving retail commercial, residential, and public
uses. On inland parcels, generally between Riverside Avenue and Tustin
Avenue, priority should be placed on accommodating uses that serve upland
residential neighborhoods such as grocery stores, specialty retail, small
service office, restaurants, coffee shops, and similar uses.
Although the Property is not between Riverside Avenue and Tustin Avenue,
the Property is on the inland side of Coast Highway within proximity to
Riverside Avenue and Tustin Avenue and proposes a new restaurant that is
consistent with this Land Use policy.
3. The Property is not part of a specific plan.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
1. The Property is within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District, which
applies to properties located on the inland side of Coast Highway in the Mariners’ Mile
Corridor. A Food Service land use without late hours that is within 500 feet of any
residential zoning district requires approval of a minor use permit. However, the Project
includes off-site parking and, pursuant to Section 20.40.100 (Off-Site Parking) of the
NBMC, approval of a CUP is required to authorize parking that is not located on the
same site it is intended to serve.
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2. Fact 2 in support of Finding B is hereby incorporated by reference. Pursuant to Section
21.40.040 (Off-Street Parking Spaces Required) of the NBMC, a Food Service land use
(with or without alcohol and with or without late hours) requires one parking space per
every 30 to 50 square-feet of NPA. Pursuant to Section 21.40.060 (Parking
Requirements for Food Service Uses) of the NBMC, the Planning Commission shall
establish the off-street parking requirement for food service uses based upon
consideration of the physical design characteristics, operational characteristics, and
location of the establishment.
3. A Parking Evaluation was prepared by Urban Crossroads dated October 2, 2024, that
included a parking management plan, valet operation plan, and justification for a parking
requirement of one parking space per 50 square feet of NPA. The Parking Evaluation
has been reviewed and approved by the Public Works Department and the City Traffic
Engineer. The Parking Evaluation included parking surveys to evaluate parking needs
of nearby high-quality sit-down restaurants such as Sol Grill located at 2400 West Coast
Highway and The Winery located at 3131 West Coast Highway. The Parking Evaluation
concluded that one space per 50 square feet of NPA was appropriate for the proposed
use.
4. The Project will provide parking at a rate of one space per 50 square feet of NPA. The
Project includes 48 valet-only parking spaces including 16 parking spaces onsite and
32 parking spaces off-site on a nearby property at 2436 West Coast Highway. This
nearby property is developed with professional offices and other daytime commercial
uses that typically end operations around 5:00 p.m. To ensure the tenants of 2436 West
Coast Highway have time to exit the property, the valet plan requires that the 16 on-site
parking spaces be filled first and, once the space are filled, vehicles can be parked at
the off-site parking lot. A condition of approval is included for the Applicant to obtain a
parking agreement for the off-site lot to ensure the long-term availability of parking for
the Restaurant. Valet parking will be monitored by staff during the operational hours of
the Restaurant. Based on the valet operation plan and the parking evaluation conducted
by Urban Crossroads, adequate parking will be provided for the operation.
5. The Planning Commission previously approved a Traffic Study on March 9, 2023, for
the Property to modify the commercial component from an office to retail sales use (i.e.,
grocery store). This Project will replace the proposed grocery store with a restaurant. A
new Traffic Study is not required for the Project as the trip generation for a fine-dining
restaurant is less than a grocery store. Conditions of approval from the previous
approval of the Traffic Study would still apply.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
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Facts in Support of Finding:
1. The Property is located on the inland side of West Coast Highway proximate to Tustin
Avenue, within the Mariners’ Mile Corridor, which includes a variety of commercial uses
intermixed with residential dwelling units. The Project is part of a mixed-use
development that consists of 36 residential dwelling units and a commercial building.
The restaurant will remain complementary to the other uses along Mariners’ Mile and
will provide an additional commercial amenity for the residential development on-site as
well as residents and visitors to the City.
2. The Property is under construction and the commercial building that the Project
proposes to occupy is oriented towards West Coast Highway, facing away from the
adjacent residential neighborhood. The surrounding properties within the Mixed-Use
Mariners’ Mile (MU-MM) Zoning District are developed with a range of commercial uses
to serve nearby residential neighborhoods and visitors to the City. The residential zoning
districts are located behind the Property towards the rear, separated from the site by
Avon Street, and away from the commercial building in the front.
3. The hours of operation for the Restaurant are during typical dinner hours between 5:00
p.m. and 11:00 p.m., daily. The operational hours of the various commercial and office
uses at 2436 West Coast Highway are typical daytime hours. The Project’s limited dinner
hours are compatible with the off-site lot and would reduce potential traffic.
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; and
Facts in Support of Finding:
1. The Project includes on-site parking spaces as well as off-site parking spaces that are
all operated through valet. The queueing area for the valet operation is accessible from
West Coast Highway where patrons can park their vehicles in one of the four queuing
spaces near the front of the Property. If the four queuing spaces are filled, patrons will
be directed by valet staff to the nearest available on-site valet space. Once the 16 on-
site parking spaces are filled, the valet will access the off-site parking spaces located at
2436 West Coast Highway via Avon Street in the rear.
2. The Restaurant will occupy a commercial building that is under construction and will be
serviced by all necessary utilities. The building will be modified to accommodate the
Project. The design, location, shape, size, and operational characteristics of the use are
compatible with the existing commercial uses in the surrounding area.
3. Adequate public and emergency vehicle access is provided from West Coast Highway,
and public services and utilities are provided on-site. The Project, including the proposed
valet operation, has been reviewed by the Public Works Department, City Traffic
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Engineer, and Fire Department to ensure adequate public and emergency vehicle
access is provided and there are no concerns with the proposed use. Conditions of
Approval No. 29 and 30 have been included to ensure the valet operation does not
impact the surrounding area.
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 person residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Restaurant will provide a service to the surrounding mixed-use area by providing
dining as a public convenience to the surrounding businesses, residents, and visitors to
the area. This will provide an economic opportunity for the Restaurant owner to operate
while potentially revitalizing the Property.
2. The Project has been reviewed by the NBPD and includes conditions of approval to
ensure that potential conflicts with the surrounding land uses are minimized to the
greatest extent possible. The operator is required to take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance related to
litter and graffiti on the exterior of the building and noise generated by the subject facility.
3. As conditioned, all owners, managers, and employees selling alcohol are required to
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 and records of successful completion shall be maintained on the premises.
Off-site Parking
In accordance with Section 20.40.100(B) (Off-Site Parking – Findings) of the NBMC, in order
to approve a conditional use permit for an off-site parking facility, the following findings and
facts in support of such findings are set forth:
Finding:
G. The parking facility is located within a convenient distance to the use it is intended to
serve;
Facts in Support of Finding:
1. The off-site parking lot is located approximately 60 feet away at 2436 West Coast
Highway and is accessed by Avon Street in the rear of the Property.
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2. The off-site parking lot will be provided via valet. Patrons to the Restaurant will park their
cars on-site within the four queuing spaces towards the front of the Property and valet
service staff will drive vehicles to the off-site parking lot and return vehicles to patrons
on-site. Additionally, the off-site parking lot is close and convenient for valet staff to walk
between the two properties.
Finding:
H. On-street parking is not being counted towards meeting parking requirements;
Fact in Support of Finding:
1. The restaurant requires a total of 48 parking spaces with 16 valet parking spaces
provided on-site, and 32 valet parking spaces provided off-site. Although on-street
parking is available along West Coast Highway, the Project does not include a waiver
of parking spaces nor does the valet operation rely on any on-street parking.
Finding:
I. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area; and
Fact in Support of Finding:
1. The parking facility will be accessed via Avon Street towards the rear of the Property
and is not anticipated to impact traffic on West Coast Highway. The parking facility will
also be primarily accessed by valet service staff dropping vehicles off and returning
vehicles to patrons of the Restaurant which will further minimize the amount of traffic
along Avon Street.
Finding:
J. The parking facility will be permanently available, marked, and maintained for the use it
is intended to serve.
Facts in Support of Finding:
1. The off-site parking is located on a site with office suites that operate during typical
daytime hours, and the parking lot consists of 38 striped parking spaces that are
maintained for the office uses. Thirty-two of the 38 parking spaces on the property will
be made available for the Project. The Project’s hours of operation are between 5:00
p.m. and 11:00 p.m., daily, and are not anticipated to overlap with the hours of operation
of the property’s office uses.
2. Condition of Approval No. 6 is included to ensure a parking agreement or covenant is
recorded between the owner of operator of the Project and the off-site location to
guarantee the availability of the required off-street parking spaces. Additionally, should
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the off-site parking spaces become unavailable, the condition will require the owner to
provide substitute parking, reduce the size of the Restaurant operation in proportion to
the parking spaces lost, or obtain a parking reduction pursuant to Section 21.40.110
(Adjustments to Off-Street Parking Requirements) of the NBMC.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permit) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
K. Conforms to all applicable sections of the certified Local Coastal Program; and
Facts in Support of Finding:
1. The CLUP designates the Property as Mixed-Use Horizontal (MU-H), and is intended to
provide a horizontally distributed mix of uses, which may include general or
neighborhood commercial, commercial offices, multifamily residential, visitor-serving
and marine-related uses, and/or buildings that vertically integrate residential with
commercial uses. The Project is consistent with the MU-H CLUP designation by
developing a restaurant use along West Coast Highway with a previously approved
multi-family residential building to the rear of the Property. The Project is consistent with
the following CLUP policies applicable to the Project:
a. Policy LU 2.1.4-1. For properties located on the inland side of Coast Highway
in the Mariners’ Mile Corridor that are designated as MU-H, (a) the Coast
Highway frontages shall be developed for marine-related and highway
oriented general commercial uses in accordance with CM and CG categories;
and (b) portions of properties to the rear of the commercial frontage may be
developed for free-standing neighborhood-serving retail, multi-family
residential units, or mixed-use buildings that integrate residential with retail
uses on the ground floor in accordance with the CN, RM , CV, or MU-V
categories respectively.
The Restaurant will front West Coast Highway with multi-family residential
development towards the rear of the building. The Restaurant will serve as a
commercial use oriented to serve neighbors, residents, and visitors to the
City, consistent with the General Commercial (CG) land use category of the
CLUP.
b. Policy LU 2.1.4-5. Development shall be designed and planned to achieve
high levels of architectural quality and compatibility among on-site and off-site
uses. Adequate pedestrian, non-automobile and vehicular circulation and
parking shall be provided.
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The Project provides the required parking through a valet operation plan that
incorporates adequate vehicular circulation. Valet services will ensure
efficient use of the parking spaces on-site and, additionally, will utilize Avon
Street in the rear of the Property to access the off-site parking spaces at a
nearby property. Adequate queueing areas on-site will ensure queueing
doesn’t extend onto Coast Highway.
c. Policy LU 2.3.1-1. Permit visitor-serving retail and eating and drinking
establishments in all commercially designated areas.
The Property is intended for a mixed-use of commercial and residential
development and the Project provides an eating and drinking establishment
consistent with this policy.
2. The Property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (“CBC”) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits, which was completed as part of the building permit issuance for PA2019-249.
3. A preliminary Water Quality Management Plan (“WQMP”) was approved by the City as
part of the approval for the mixed-use development (PA2019-249). The WQMP
concluded that implementation of the development would not result in potentially
significant impacts to the drainage patterns on-site. Project storm water must comply
with all applicable Municipal Separate Storm Systems (“MS4”) requirements to ensure
that impacts to surface and ground water quality do not occur. Water quality objectives
will be achieved through the incorporation of Best Management Practices (“BMPs”)
identified in the preliminary WQMP during construction and post-project implementation.
The Project to convert the previously approved grocery store to a restaurant does not
affect the conclusions of the approved WQMP.
4. The Property has no native vegetation and/or habitat. The proposed tenant improvement
to build out the Restaurant use would not impact the exterior of the Property. For this
reason, no impacts to biological resources would occur.
5. The Project requires 48 parking spaces and adequate parking spaces will be provided
between on-site and off-site parking lots. No on-street parking spaces on West Coast
Highway will be eliminated and all parking circulation, including the valet parking, will
occur on Avon Street instead of West Coast Highway. No coastal resources will be
impacted as part of this Project.
6. The closest public viewpoint is adjacent and above the Property to the northeast at John
Wayne Park. The inland location of the Property combined with the elevated and sloping
location of the adjacent park minimizes impact to coastal views. The building that is
under construction was designed to avoid impacts to public views. The Project does not
involve exterior changes to the building that would increase the height, bulk, or massing
and, therefore, will not impact coastal views.
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7. The nearest coastal view road is West Coast Highway, which is located to the south, as
designated in the CLUP. The Project is located entirely on private property and will not
inhibit coastal views of the Bay from the highway since the Project will occupy a suite
that is being constructed on the inland side of West Coast Highway. The architecture is
designed to provide an attractive appearance that is compatible with the surrounding
area with high quality materials, neutral colors, and architectural treatments to prevent
building monotony. The Project does not change the previously approved design.
Therefore, the Project does not have the potential to degrade the visual quality of the
coastal zone or result in significant adverse impacts to public views.
Finding:
L. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The Property is located in the Mariners’ Mile Corridor on the inland side of West Coast
Highway and is not located between the nearest public road and the sea. Section
21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC, requires
that the provision of public access bear a reasonable relationship between the
requirement and the Project’s impact and be proportional to the impact. The Project will
occupy a vacant commercial suite, and the use complies with all applicable development
standards including required parking. The Project is not anticipated to result in a
significantly increased demand on public access and recreation opportunities. The
Property is located on the inland side of West Coast Highway approximately 300 feet
from Newport Harbor and does not impact any public access easements.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because the Project has no potential to have a significant effect on the
environment.
2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit and Coastal Development Permit (PA2024-0068), 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
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with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan), of the Newport Beach Municipal Code. This action shall become
final and effective 14 days following the date this Resolution was adopted unless within
such time an appeal or call for review is filed with the City Clerk in accordance with the
provisions of Title 21, of the Newport Beach Municipal Code.
4. Final action taken by the City may be appealed to the Coastal Commission in compliance
with Section 21.64.035 of the City’s certified Local Coastal Program and Title 14 California
Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal
Act.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved plans stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit and Coastal Development Permit.
4. The Use Permit and Coastal Development Permit (PA2024-068) shall expire unless
exercised within 24 months from the date of approval as specified in Section 20.54.060
(Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension
is otherwise granted.
5. The Applicant shall maintain a minimum of 16 parking spaces on-site at 2510 West Coast
Highway and a minimum of 32 parking spaces off-site at 2436 West Coast Highway for a
total minimum of 48 parking spaces for customer and employee parking.
6. A parking agreement or covenant, in a form approved by the City Attorney and the Director
that guarantees the availability of the required off-site parking at an approved off-site
location shall be recorded with the County Recorder’s Office against the subject property.
The agreement or covenant shall require the owner or operator of the project to
immediately notify the Director of any change of ownership or use of the property where
the required off-site parking is located, or changes in the use or availability of the required
off-site parking, or of any termination or default of the agreement between the parties. Upon
notification that the private lease agreement for the required off-site parking has terminated
or the required off-site parking is otherwise unavailable for the use authorized by this
Conditional Use Permit (PA2024-0068), the Director shall establish a reasonable period of
time in which one of the following shall occur. 1) Substitute parking acceptable to the
Director, or 2) the size or intensity of use authorized by this Conditional Use Permit is
reduced in proportion to the parking spaces lost, or 3) the owner or operator of the project
must obtain a parking reduction pursuant to NBMC Section 20.40.110 and Section
21.40.110 (Adjustments to Off-Street Parking Requirements) rendering the required off-
site parking unnecessary.
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7. With the exception of Condition of Approval Nos. 8 and 19 of Planning Commission
Resolution No. PC2023-013, all conditions of approval from Resolution No. PC2023-013
shall remain applicable to this Project.
8. The hours of operation shall be between 5:00 p.m. and 11:00 p.m., daily.
9. This Use Permit and Coastal Development 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 to constitute a public nuisance.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Use Permit and Coastal
Development Permit or the processing of a new permit.
11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
12. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
13. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
14. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
15. 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
Newport Beach Municipal Code.
16. 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.
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17. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
20. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
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.
22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
24. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
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
33
Planning Commission Resolution No. PC2024-026
Page 18 of 20
10-18-21
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 Uchi Sushi Restaurant including, but not limited to, Conditional Use
Permit and Coastal Development Permit (PA2024-0068). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department
27. Fire lanes shall be a minimum of 20 feet in width and shall be identified in accordance
with Newport Beach Fire Department (NBFD) Guideline C.02.
Building Division
28. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
Public Works Department
29. Valet operations and vehicle queueing shall be prohibited from impacting the public
right-of-way including West Coast Highway and Avon Street. Valet parked vehicles shall
be prohibited from parking in drive aisles.
30. The off-site valet parking lot shall only be used during the restaurant hours of operations
and shall only be used when the business(es) located on the off-site parking lot are
closed.
31. All deliveries shall occur on-site and shall be prohibited from impacting the public right-
of-way including West Coast Highway and Avon Street.
Police Department
32. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 47 (On-Sale
General – Eating Place). Any substantial change in the ABC license type shall require
subsequent review and potential amendment of the Use Permit.
34
Planning Commission Resolution No. PC2024-026
Page 19 of 20
10-18-21
33. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the ABC 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.
34. 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.
35. The eating and drinking establishment shall close no later than 11:00 p.m., daily. Food
or alcohol service after 11:00 p.m. is prohibited.
36. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
37. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
38. There shall be no live entertainment or dancing allowed on the premises.
39. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
40. Food service from the regular menu shall be made available to patrons until closing.
41. Petitioner shall not share any profits or pay any percentage or commission to a promoter,
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
42. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his employees or representatives share in any profits or pay any
percentage or commission to a promoter, or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
43. “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).
44. Strict adherence to maximum occupancy limits is required.
45. The Applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
35
Planning Commission Resolution No. PC2024-026
Page 20 of 20
10-18-21
46. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
47. 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.
48. Strict adherence to maximum occupancy limit is required.
36
Attachment No. PC 2
Parking Evaluation by Urban Crossroads
dated October 2, 2024
37
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DATE: October 2, 2024
TO: Mark Moshayedi, Space Investment Partners
FROM: Brendan Dugan/Robert Vu, Urban Crossroads
JOB NO: 15885-05 Parking Evaluation
UCHI SUSHI RESTAURANT PARKING EVALUATION
Urban Crossroads, Inc. is pleased to submit the following Parking Evaluation for
the proposed Uchi Sushi Restaurant development (Project), which is located at
2510 West Coast Highway, in the City of Newport Beach, as shown on Exhibit A. A
complete site plan is shown in Attachment A. This Parking Evaluation was
developed to determine if the proposed Project provides adequate on-site parking
supply to accommodate peak on-site vehicle parking demands.
EXHIBIT A: PRELIMINARY SITE PLAN
39
Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 2 of 7
15885-06 Parking Evaluation
INTRODUCTION
The site is currently approved for a mixed-use development project consisting of a residential
and commercial (grocery store) component. The Project is proposing to replace the grocery store
with an Uchi sushi restaurant with a net public seating area of 2,400 SF. The Uchi restaurant will
be located on the ground floor as shown on Exhibit A. The Project will designate 16 on-site valet
standard spaces for commercial use (see Exhibit A) and an additional 32 valet standard parking
spaces will be available off-site at 2436 West Coast Highway through a parking agreement (see
Exhibit B). Only 32 of the 38 parking spaces in the off-site lot will be available for the restaurant
use. All 48 parking spaces will be under a valet operation plan. The off-site parking arrangement
is provided in Attachment B and the parking agreement is provided in Attachment C. The uses
at 2436 West Coast Highway consist of daytime activities and will be inactive during the
operational hours of the proposed Uchi restaurant (5:00pm to 11:00pm). The parking utilization
at 2436 West Coast Highway will not overlap with the proposed Project. It should be noted that
paid parking is available at Avon Lot 1, Avon Lot 2, and on-street parking within the vicinity of the
Project site (see Exhibit C). The Project is located in the Coastal Zone and is subject to the Local
Coastal Program Implementation Plan parking requirements.
EXHIBIT B: OFF-SITE PARKING
40
Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 3 of 7
15885-06 Parking Evaluation
EXHIBIT C: PARKING AVAILABILITY
PARKING REQUIREMENTS
To demonstrate that adequate parking supply exists within the proposed development, this
parking assessment provides a review of the City of Newport Beach ”Local Coastal Program
Implementation Plan” parking requirements. An estimate of the peak parking demands will be
used for this analysis.
The following sections of the City of Newport Beach ”Local Coastal Program Implementation Plan“
(Chapter 21.40.040) describes the off-street parking requirements for the applicable land use:
• Food Service with/without alcohol, with/without late hours. 1 per 30-50 SF of net public
area, including outdoor dining areas 25% of the interior net area or 1,000 SF, whichever is less.
Table 1 provides a summary of the applicable City of Newport Beach ”Local Coastal Program
Implementation Plan” parking requirements.
TABLE 1: CITY OF NEWPORT BEACH MUNICIPAL CODE PARKING REQUIREMENTS
Use Description Parking Rate
Food Service 1 per 30-50 SF net public area, including outdoor dining areas
25% of the interior net area or 1,000 SF, whichever is less
1 space per 30 – 50 SF
Based on the City of Newport Beach Municipal Code Off-Street Parking Requirements
41
Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 4 of 7
15885-06 Parking Evaluation
In order to justify the parking rate of 1 space per 50 SF of net public area, Urban Crossroads
conducted parking surveys to evaluate parking needs of nearby high quality sit-down restaurants:
Sol Grill (2400 West Coast Highway) and The Winery (3131 West Coast Highway). Additional
justification for the parking rate is provided under the Uchi Sushi Restaurant Additional Parking
Rate Justification (Urban Crossroads, June 2024). The survey data is provided in Attachment D.
Table 2 shows a summary of the existing parking supply.
TABLE 2: PARKING RATE SUMMARY
Use1
SF
(Public Area)2
Parking
Supply
Spaces per
SF Notes
Sol Grill 1,462 SF3 34 1 per 43 SF Shares parking with other businesses that
are open during Sol Grill dinner hours
The Winery 5,462 SF 22 1 per 248 SF Tandem parking with valet
1 Source: Survey data collected at existing restaurants.
2 The square footage is consistent with site plans provided by the City’s Planning Department.
3 The square footage includes patio square footage.
A review of the parking supply provided at the two existing restaurants suggest that the parking
rate of 1 space per 50 SF of net public area is reflective of high quality sit-down restaurants rather
than the more intensive 1 space per 30 SF of net public area. Although the Sol Grill restaurant
has an estimated 1 space per 43 SF, the restaurant shares parking with several other commercial
uses that are open during Sol Grill operational hours and the parking rate is an overestimation.
As such, the parking rate of 1 space per 50 SF of public area is utilized for the purpose of this
analysis.
Using the City of Newport Beach Local Coastal Program Implementation Plan parking rates, it is
possible to calculate the parking requirements for the proposed Uchi Sushi Restaurant, as shown
on Table 3.
TABLE 3: PARKING SPACE REQUIREMENTS
Use Quantity1 Parking Rate2
Required
Parking
Proposed
Parking
Meets
Requirement
Uchi Sushi 2,400 SF 1 space per 50 SF 48 48 Yes
1 Based on the March 26, 2024 preliminary site plan, prepared by B.E. Architects.
2 Based on the City of Newport Beach Municipal Code Local Coastal Program Implementation Plan
Off-Street Parking Requirements.
EXISTING PARKING DEMAND
The parking surveys conducted on-site at Sol Grill (2400 West Coast Highway) and The Winery
(3131 West Coast Highway) also evaluated the existing parking demand. The survey data is
provided in Attachment D. The counts accounted for each parked vehicle every ½ hour during
the dinnertime operating hours. The counts were conducted from 5:00 PM to 10:00 PM on
Thursday, March 7, 2024 and on Saturday, March 9, 2024. There were no observations made in
the field that would indicate atypical traffic conditions on the count dates such as poor weather.
Table 4 shows a summary of the parking peak demand data. The peak parking demand during
the 2-day survey is a 95% occupancy. Based on the parking demand results, additional parking
is available on-site at each respective restaurant.
42
Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 5 of 7
15885-06 Parking Evaluation
TABLE 4: OBSERVED PARKING DEMAND
Uses1
Parking Spaces
Supplied
Average Parking
Demand
Peak Parking
Demand2
Peak %
Occupied
Unoccupied
Spaces
Sol Grill 34 29 30 88% 4
The Winery 22 20 21 95% 1
1 Source: Parking demand counts conducted from 5:00 PM to 10:00 PM on Thursday, March 7, 2024 and on
Saturday, March 9, 2024.
2 Peak parking demand was generally observed on Saturday from 6:00 PM to 7:00 PM.
VALET OPERATION PLAN/PARKING MANAGEMENT PLAN
This section describes the valet operation plan/parking management plan for the proposed
Project. Final valet plans must be reviewed by the Public Works Department. Details of the valet
operation plan and parking management plan are listed below:
Valet Operation Plan
• Valet operations will be active 15 minutes before opening and will continue through the restaurant
operational hours (4:45pm to 11:00pm).
• Vehicles shall not obstruct the fire lane or traveled way. Vehicle ingress and egress circulation shall
not be impacted.
• Vehicles will not be permitted to stand, stop, or park along West Coast Highway, Avon Street, or the
public right-of-way.
• All commercial spaces will be designated for valet use only.
• Incoming restaurant visitors will be directed to self-park in the valet parking queuing area (4
spaces). Valet services will repark the vehicles in the designated on-site and off-site valet spaces.
If the initial 4 valet queuing spaces are filled, visitors will be directed by valet services to the nearest
available on-site valet space. Should the valet spaces approach capacity, the valet parking queuing
area and spaces near the site entrance will be filled last.
• Visitors leaving the restaurant will request their vehicle from valet services. Available valet parking
queuing area will also be utilized for pick up. Vehicles ready for pick up shall not obstruct the fire
lane or traveled way.
• The off-site lot will not be open to the general public during the operational hours of the restaurant
(5:00pm to 11:00pm) with exception of the daytime tenants. A buffer time will be permitted for
daytime tenants to exit the lot while the restaurant occupancy begins to fill up. 6 of the 38 parking
spaces in the off-site lot will not be available to be utilized for the restaurant and will remain for the
office tenant’s use. Vehicle ingress access from West Coast Highway will be prevented via
temporary signage (i.e., valet parking only).
• Valet services will only utilize Avon Street as the access between the on-site and off-site lots. West
Coast Highway will not be utilized for valet operations. Valet services will access the head-in spaces
by reversing into the spaces and the parallel spaces via multi-point turn. The drive aisle has a 34
foot width which is sufficient space for a multi-point turn. The configuration of the off-site lot
parking spaces will not be modified. Access through the off-site lot shall not be blocked.
• Staffing should be based on the restaurant’s capacity and anticipated traffic. At a minimum, the
staff will consist of 8-10 workers. Staff will be increased based on capacity and anticipated traffic.
Clear signage should be placed near the restaurant’s entrance to direct arriving customers. Exhibit
D shows the path of valet access to the off-site location.
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Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 6 of 7
15885-06 Parking Evaluation
Parking Management Plan
• Parking for the restaurant and residential uses will not be shared.
• Residential parking will be monitored by the property manager to ensure that residents park in the
designated residential areas. A placard, provided by the property manager, is to be placed on the
windshield or dashboard in the vehicle. All residential spaces are open to vehicles with the placard
and spaces with not be assigned. Guest or short-term parking for residential use is not available
on-site. Unauthorized vehicles will be fined or removed from the premises.
• Valet parking will be monitored by valet services during the operational hours of the restaurant
(5:00pm to 11:00pm).
EXHIBIT D: OFF-SITE PARKING ACCESS
CONCLUSIONS
The site is currently approved for a mixed-use development project consisting of a residential
and commercial (grocery store) component. The Project is proposing to replace the grocery store
44
Mark Moshayedi, Space Investment Partners
October 2, 2024
Page 7 of 7
15885-06 Parking Evaluation
with an Uchi sushi restaurant with a net public seating area of 2,400 SF. A preliminary site plan
is presented on Exhibit A. The Uchi Restaurant will be located on the ground floor. The Project
will designate 16 on-site valet standard spaces for commercial use and an additional 32 valet
standard parking spaces will be available off-site at 2436 West Coast Highway through a parking
agreement. All 48 parking spaces will be under a valet operation plan. The uses at 2436 West
Coast Highway consist of daytime activities and will be inactive during the operational hours of
the proposed Uchi restaurant (5:00pm to 11:00pm). It should be noted that paid parking is
available at Avon Lot 1, Avon Lot 2, and on-street parking within the vicinity of the Project site.
Based on the City of Newport Beach ”Local Coastal Program Implementation Plan” parking
requirements, the proposed mixed-use development will require a total of 48 parking stalls. Our
evaluation indicates that the proposed parking supply of 48 spaces will meet Local Coastal
Program Implementation Plan parking requirements. The total parking supply in conjunction
with the valet operation plan/parking management plan is sufficient to support the proposed
Project parking demands.
Should you have any questions or comments, please reach out to either Brendan Dugan at
bdugan@urbanxroads.com or Robert Vu at rvu@urbanxroads.com.
Respectfully submitted,
URBAN CROSSROADS, INC.
Brendan Dugan, P.E. Robert Vu, P.E.
Senior Associate Senior Transportation Engineer
45
15885-06 Parking Evaluation
ATTACHMENT A: PRELIMINARY SITE PLAN
46
DN
4 5 6 7321 8 9 10 11 12
PARKING108
LOBBY#1A101A
MAIL103 MECH104
COMMTRASH110
LOBBY #2107
TRASH112
HF
100C 100D
101B.1
104
112A
112B
107B
ELEVATOR#2106
MECH113
113
BICYCLESTORAGE111
ELEC114
111
107A
101A
114
LOBBY#1B101B.2
MECH105
ELEC109
105
PRINT@36'' AFF
K-72573ARTIFACTSTOILET TISSUE HOLDER K-72573ARTIFACTSTOILET TISSUE HOLDER K-72573ARTIFACTSTOILET TISSUE HOLDER
K-72573ARTIFACTSTOILET TISSUE HOLDER
DINNING AREA = 2,400 SF
OUTDOOR PAVED AREA
KITCHEN AREA
CORRIDOR
BAR
SUS
H
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VALET VALET VALET VALET VALET VALET VALET VALET
VALET VALET VALET
VALET
CORRIDOREXIT
EXIT
VANACCESSIBLE
VANACCESSIBLE
EXIT
NO OUTDDORDINNING IS PLANNED
W
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BUILDING 1ST FLOOR DATA
Scale
Sheet No.
Date
Sheet Title
Revisions Date
Drawn By
Checked By
Job Number
A.1.0
SITE PLAN
OWNERSHIP AND USE OF DOCUMENTS
All Drawings, Specifications and copiesthereof furnished by B.E. ARCHITECTS are andshall remain its property. They are to be used onlywith respect to this Project and are not to beused on any other project. Submission ordistribution to meet official regulatory requirementsor for other purposes in connection with the Projectis not to be construed as publication in derogationof B.E. ARCHITECTS common law copyrightor other reserved rights.
1 2510 WEST COAST HWY SITE & FIRST FLOOR PLAN
8-9-24
ArchitecturePlanning
Interior Design
B.E. ARCHITECTS
BE
845 20TH Street #208
Santa Monica, CA 90403
Telephone 949.290.3270
PROPERTY OWNER:
PROJECT:
2510 WEST COAST HWY
NEWPORT BEACH, CA 92663
TENANT IMPROVEMENT
SPACE INVESTMENT PARTNERS
UCHI RESTAURANT
2600 EAST COAST HWY
SUITE 240CORONA DEL MAR, CA 92625
2VICINITY MAP
FOR REFERENCE ONLY
3 PROJECT DATA
LICENSED ARCHITEC
T
STATE OF CALIFORNIA
BEHRO U ZE EHDA
I
EC-14284Exp. 3/31/25
47
15885-06 Parking Evaluation
ATTACHMENT B: OFF-SITE PARKING AT 2436 WEST COAST
HIGHWAY
48
WEST COAS
T
H
W
Y
AVON ST
TOTAL PARKING: 38 SPACES
ONLY 32 PARKING SPACES
DEDICATED TOWARD UCHI
RESTAURANT PARKING
Scale
Sheet No.
Date
Sheet Title
Revisions Date
Drawn By
Checked By
Job Number
A.1.01
DEMOLTION PLAN
2OFF-SITE PARKING AT REAR 2436 WEST COAST HWY BUILDING
OWNERSHIP AND USE OF DOCUMENTS
All Drawings, Specifications and copiesthereof furnished by B.E. ARCHITECTS are andshall remain its property. They are to be used onlywith respect to this Project and are not to beused on any other project. Submission ordistribution to meet official regulatory requirementsor for other purposes in connection with the Projectis not to be construed as publication in derogationof B.E. ARCHITECTS common law copyrightor other reserved rights.
10-2-24
LICENS ED ARCHITECT
STATE OF CALIFORNIA
BEHROUZ E EHD
AIEC-14284Exp. 3/31/25
ArchitecturePlanningInterior Design
B.E. ARCHITECTS
BE
845 20TH Street #208
Santa Monica, CA 90403Telephone 949.290.3270
PROPERTY OWNER:
PROJECT:
2510 WEST COAST HWY
NEWPORT BEACH, CA 92663
TENANT IMPROVEMENT
SPACE INVESTMENT PARTNERS
UCHI RESTAURANT
2600 EAST COAST HWYSUITE 240CORONA DEL MAR, CA 92625
1OFF-SITE PARKING @ 2436 WEST COAST HWY3OFF-SITE PARKING @ 2436 WEST COAST HWY
4CURB RAMP AT ACCESSIBLE PARKING STALLS
49
15885-06 Parking Evaluation
ATTACHMENT C: OFF-SITE PARKING AGREEMENT
50
To whom it may concern,
This letter authorizes and acknowledges that Uchi Restaurant, located at 2510 West Coast Highway
Newport Beach, CA, uses Thirty-Two, 32, parking spaces located at 2436 West Coast Highway for parking
after 5:00pm Monday through Sunday.
Please feel free to reach out to me at 949-244-0331 with any questions.
Best regards,
Pierce Stemler
Property Manager
2436 West Coast Hwy, Newport Beach
MSM Global Ventures, LLC
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15885-06 Parking Evaluation
ATTACHMENT D: PARKING SURVEYS
52
53
54
55
Newport Beach
Sol Grill & The Winery
2400 & 3131 West Coast Highway, Newport Beach, CA 92663
Thursday, March 7, 2024
Inventory 5:00 PM 5:30 PM 6:00 PM 6:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9:00 PM 9:30 PM 10:00 PM
Regular 32 27 22 24 24 19 18 12 10 9 8 4
Handicap 2 00010000000
Subtotal 34 27 22 24 25 19 18 12 10 9 8 4
Total Occupancy 34 27 22 24 25 19 18 12 10 9 8 4
Total Percent 79% 65% 71% 74% 56% 53% 35% 29% 26% 24% 12%
Inventory 5:00 PM 5:30 PM 6:00 PM 6:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9:00 PM 9:30 PM
Regular 22 3 6 13 13 17 16 16 16 14 4
Handicap 2 0122221210
Subtotal 24 3 7 15 15 19 18 17 18 15 4
Total Occupancy 24 3 7 15 15 19 18 17 18 15 4
Total Percent 13% 29% 63% 63% 79% 75% 71% 75% 63% 17%
Sol Grill
2400 West Coast
Highway
The Winery
3131 West Coast
Highway
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951-268-6268 56
Newport Beach
Sol Grill & The Winery
2400 & 3131 West Coast Highway, Newport Beach, CA 92663
Saturday, March 9, 2024
Inventory 5:00 PM 5:30 PM 6:00 PM 6:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9:00 PM 9:30 PM 10:00 PM
Regular 32 16 17 17 20 29 23 20 17 12 6 6
Handicap 2 00011000000
Subtotal 34 16 17 17 21 30 23 20 17 12 6 6
Total Occupancy 34 16 17 17 21 30 23 20 17 12 6 6
Total Percent 47% 50% 50% 62% 88% 68% 59% 50% 35% 18% 18%
Inventory 5:00 PM 5:30 PM 6:00 PM 6:30 PM 7:00 PM 7:30 PM 8:00 PM 8:30 PM 9:00 PM 9:30 PM 10:00 PM
Regular 22 9 10 16 19 18 16 16 15 12 12 16
Handicap 2 21222222110
Subtotal 24 11 11 18 21 20 18 18 17 13 13 16
Total Occupancy 24 11 11 18 21 20 18 18 17 13 13 16
Total Percent 46% 46% 75% 88% 83% 75% 75% 71% 54% 54% 67%
Sol Grill
2400 West Coast
Highway
The Winery
3131 West Coast
Highway
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951-268-6268 57
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Attachment No. PC 3
Police Department Memorandum
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: September 4, 2024
SUBJECT: Uchi
2510 West Coast Highway
PA2024-0068
At your request, the Police Department has reviewed the project application for Uchi Restaurant
located at 2510 West Coast Highway, Newport Beach. The applicant has requested a use permit
for a new restaurant establishment with a Type 47 (On-Sale General) Alcoholic Beverage Control
License. The restaurant will be open from 5:00 p.m. to 11:00 p.m. daily.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 2510 West Coast
Highway.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 26 which
encompasses the Mariner’s Mile area from Dover Drive to Tustin Avenue.
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.
61
Uchi
PA2024-0068
2
This reporting district is reported to ABC as a high crime area as compared to other Reporting
Districts in the City. The RD’s Crime Count is 189, 60% over the City-wide crime count average
of 118. Since this area has a 20% or 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 31% above the City-
wide average, RD 28 is 132% above the City-wide average, and RD 41 is 3% below the average.
Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is theft. The highest volume of arrests in the area are drug-
related offenses.
DUI, Public Intoxication, and liquor law violations make up 27% of arrests in this reporting district.
In comparison, the figure for neighboring RD 25 is 25%, RD 28 is 5% and RD 41 is 34%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics:
The applicant premise is located within census tract 634. This census tract has an approximate
population of 4,776 residents with approximately 17 active on-sale alcohol licenses. That is a
per capita ratio of 1 license for every 281 residents. Per the Business and Professions code, we
compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents and conclude this area has undue concentration.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
Due to the lack of late hours and the type of alcoholic beverage license requested, the Police
Department has no concerns with the application provided the conditions below (or similar
conditions) are imposed
1. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General).
Any substantial change in the ABC license type shall require subsequent review and
potential amendment of the Use Permit.
2. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible 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.
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PA2024-0068
3
4. The eating and drinking establishment shall close no later than 11:00 p.m., daily. Food or
alcohol service after 11:00 p.m. is prohibited.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. There shall be no live entertainment or dancing allowed on the premises.
8. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
9. Food service from the regular menu shall be made available to patrons until closing.
10. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
11. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
12. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
13. Strict adherence to maximum occupancy limits is required.
14. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
15. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
16. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
17. Strict adherence to maximum occupancy limit is required.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
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Uchi
PA2024-0068
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the Newport Beach Municipal Code.
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
64
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
2510 West Coast Hwy 0 0 0 N/A N/A 0 0 0 0 N/A 0
Subject RD:
RD26 1,363 230 74 8,237.82 THEFT/LARCENY 107 19 10 0 NARCOTICS 3
Adjacent RD:
RD25 1,192 172 58 10,430.56 THEFT/LARCENY 83 14 7 0 NARCOTICS 2
Adjacent RD:
RD28 1,341 377 32 15,934.07 THEFT/LARCENY 114 6 0 0 NARCOTICS 2
Adjacent RD:
RD41 906 104 43 3,702.39 THEFT/LARCENY 58 12 8 0 DUI 0
Newport Beach 40,526 5,102 1,439 5,885.07 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 67
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
2510 West Coast Hwy N/A 0 N/A 0 N/A 0 N/A 2510 West Coast
Hwy 0 N/A N/A
Subject Census
Tract: 634 4,776 17 281 0 0 17 281 Subject RD:
RD26 189 +71 +60%
Adjacent Census
Tract: 636.03 6,450 6 1,075 5 1,290 11 586 Adjacent RD:
RD25 154 +36 +31%
Adjacent Census
Tract: 630.1 6,698 8 837 2 3,349 10 670 Adjacent RD:
RD28 274 +156 +132%
Adjacent Census
Tract: 630.05 1,447 7 207 3 482 10 145 Adjacent RD:
RD41 115 -3 -3%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,502
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests
for other crimes, both felonies and misdemeanors (except traffic citations).
Summary for Uchi at 2510 West Coast Hwy (RD26)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPH L. CARTWRIGHT
NEWPORT BEACH POLICE DEPARTMENT
2023 CRIME AND ALCOHOL-RELATED STATISTICS
as of 07/18/2023
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Project Plans
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DN
4 5 6 7321 8 9 10 11 12
PARKING108
LOBBY#1A101A
MAIL103 MECH
104
COMMTRASH
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LOBBY #2107
TRASH112
HF
100C 100D
101B.1
104
112A
112B
107B
ELEVATOR#2106
MECH113
113
BICYCLESTORAGE111
ELEC
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111
107A
101A
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LOBBY#1B101B.2
MECH105
ELEC109
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PRINT@36'' AFF
K-72573ARTIFACTSTOILET TISSUE HOLDER K-72573ARTIFACTSTOILET TISSUE HOLDER K-72573ARTIFACTSTOILET TISSUE HOLDER
K-72573ARTIFACTSTOILET TISSUE HOLDER
DINNING AREA = 2,400 SF
OUTDOOR PAVED AREA
KITCHEN AREA
CORRIDOR
BAR
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VALET VALET VALET VALET VALET VALET VALET VALET
VALET VALET VALET
VALET
CORRIDOR
EXIT
EXIT
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ACCESSIBLE
VANACCESSIBLE
EXIT
NO OUTDDORDINNING IS PLANNED
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BUILDING 1ST FLOOR DATA
Scale
Sheet No.
Date
Sheet Title
Revisions Date
Drawn By
Checked By
Job Number
A.1.0
SITE PLAN
OWNERSHIP AND USE OF DOCUMENTS
All Drawings, Specifications and copiesthereof furnished by B.E. ARCHITECTS are andshall remain its property. They are to be used onlywith respect to this Project and are not to beused on any other project. Submission ordistribution to meet official regulatory requirementsor for other purposes in connection with the Projectis not to be construed as publication in derogationof B.E. ARCHITECTS common law copyrightor other reserved rights.
1 2510 WEST COAST HWY SITE & FIRST FLOOR PLAN
8-9-24
Architecture
Planning
Interior Design
B.E. ARCHITECTS
BE
845 20TH Street #208
Santa Monica, CA 90403
Telephone 949.290.3270
PROPERTY OWNER:
PROJECT:
2510 WEST COAST HWY
NEWPORT BEACH, CA 92663
TENANT IMPROVEMENT
SPACE INVESTMENT PARTNERS
UCHI RESTAURANT
2600 EAST COAST HWY
SUITE 240
CORONA DEL MAR, CA 92625
2VICINITY MAP
FOR REFERENCE ONLY
3 PROJECT DATA
LICE N S E D ARCHITE
C
T
STATE OF CAL I FO RNIA
BEHR O U ZE EHD
A
I
EC-14284
Exp. 3/31/25
69
WEST COA
S
T
H
W
Y
AVON ST
TOTAL PARKING: 38 SPACES
ONLY 32 PARKING SPACES
DEDICATED TOWARD UCHI
RESTAURANT PARKING
Scale
Sheet No.
Date
Sheet Title
Revisions Date
Drawn By
Checked By
Job Number
A.1.01
DEMOLTION PLAN
2OFF-SITE PARKING AT REAR 2436 WEST COAST HWY BUILDING
OWNERSHIP AND USE OF DOCUMENTS
All Drawings, Specifications and copiesthereof furnished by B.E. ARCHITECTS are andshall remain its property. They are to be used onlywith respect to this Project and are not to beused on any other project. Submission ordistribution to meet official regulatory requirementsor for other purposes in connection with the Projectis not to be construed as publication in derogationof B.E. ARCHITECTS common law copyrightor other reserved rights.
10-2-24
LICE N S E D ARCHITE
C
T
STATE OF CALI FORNIA
BEHR O U ZE EHD
A
I
EC-14284
Exp. 3/31/25
Architecture
Planning
Interior Design
B.E. ARCHITECTS
BE
845 20TH Street #208
Santa Monica, CA 90403
Telephone 949.290.3270
PROPERTY OWNER:
PROJECT:
2510 WEST COAST HWY
NEWPORT BEACH, CA 92663
TENANT IMPROVEMENT
SPACE INVESTMENT PARTNERS
UCHI RESTAURANT
2600 EAST COAST HWY
SUITE 240
CORONA DEL MAR, CA 92625
1OFF-SITE PARKING @ 2436 WEST COAST HWY3OFF-SITE PARKING @ 2436 WEST COAST HWY
4CURB RAMP AT ACCESSIBLE PARKING STALLS
70
UCHI SUSHI RESTAURANT(PA2024-0068)
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT
Planning Commission, Public Hearing
December 5, 2024
Jenny Tran, Associate Planner
949-644-3212,jtran@newportbeachca.gov
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
2
PROJECT LOCATION
Subject Property
2510 W Coast Hwy
Off-Site Parking
Location
2436 W Coast Hwy
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
BACKGROUND
3
February 2021
Approval for mixed-
use development for
multi-family residential
and commercial office
building
March 2023
Convert the office
building to a
grocery store
February 2024
Building permit issued
Under construction,
anticipated for
completion in 2026
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
PROJECT DESCRIPTION
4
•Conditional Use Permit
•New fine-dining restaurant
•Type 47 (On-Sale General – Eating Place) ABC License
•Off-Site Parking
•No late hours, live entertainment/dancing, or outdoor dining
•Coastal Development Permit
•Intensification of use in the coastal zone
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
PARKING
5
•1 parking space per 30-50 SF net public area
•Restaurant NPA is 2,400 SF
•48 parking spaces required (1/50 SF NPA)
•Determined through a Parking Evaluation
•16 parking spaces on-site, 32 parking spaces off-site (all valet)
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
ON-SITE PARKING
Queuing Spaces
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
7
•32 of the 38 parking spaces
dedicated for Uchi
Restaurant
•Restaurant hours will not
conflict with uses on
property
•On-site parking will be used
first to allow for vehicles to
exit the property
OFF-SITE PARKING (2436 W COAST HWY)
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
8
VALET SERVICE AND OFF-SITE PARKING
Subject Property
(under construction)
Off-Site Parking Lot
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
CONDITIONS OF APPROVAL
9
•16 parking spaces shall be maintained on-site and 32 parking spaces maintained off-site (2436 West Coast Highway).
•A parking agreement shall be recorded for the off-site parking.
•Valet operations and vehicle queueing are prohibited from impacting any public right-of-way.
•The hours of operation shall be between 5:00 p.m. and 11:00 p.m., daily.
•Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC.
•No live entertainment or dancing.
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
RECOMMENDED ACTION
10
•Conduct a public hearing
•Find this project exempt from CEQA under
Class 1 of the CEQA guidelines
•Adopt Resolution No. PC2024-026 approving the Conditional Use Permit and Coastal
Development Permit
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)
QUESTIONS AND DISCUSSION
Jenny Tran, Associate Planner
949-644-3212, jtran@newportbeachca.gov
11
Planning Commission - December 5, 2024 Item No. 2a - Additional Materials Presented at the Meeting by Staff Uchi Sushi (PA2024-0068)