HomeMy WebLinkAboutPC2022-028 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER, COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT WHICH SUPERSEDES USE PERMIT NO. 1757 AND OUTDOOR DINING PERMIT NO. 8 FOR THE EXPARESOLUTION NO. PC2022-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER, COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT WHICH SUPERSEDES USE PERMIT NO. 1757 AND OUTDOOR DINING PERMIT NO. 8 FOR THE EXPANSION OF AN EXISTING OUTDOOR DINING PATIO
LOCATED AT 2800 NEWPORT BOULEVARD (PA2021-219)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Robinson Hill Architecture (“Applicant”), with respect to property located at 2800, 2806, 2812 and 2814 Newport Boulevard, and legally described as Parcel 1 of Block 225, as per Lot Merger No. LM2016-011 (2800), Lot 4 of Block 225 (2806), Lot
7 of Block 225 (2812), and Lot 8 of Block 225 (2814) (“Properties”), requesting approval of a conditional use permit, lot merger, and coastal development permit. 2. The Applicant seeks an expansion of an existing outdoor dining patio that serves an existing restaurant. The project includes a lot merger with the adjacent lot at 2806 Newport
Boulevard in order to construct the patio over the existing interior property line. Additionally, an off-site parking agreement is requested allowing 12 of the required parking spaces to be located approximately 60 feet from the restaurant at 2812 and 2814 Newport Boulevard. 3. There are no changes to the interior floor plan of the restaurant and no operational changes
are requested (“Project”). Approval of the Project would supersede Use Permit No. 1757 and Outdoor Dining Permit No. 8. 4. The Properties are categorized Visitor Serving Commercial (CV) by the General Plan Land Use Element and are located within the Commercial Visitor-Serving (CV) Zoning District.
5. The Properties are located within the Coastal Zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-A) (0.0–7.5 FAR) and are located within the Commercial Visitor-Serving (CV) Coastal Zone District.
6. A public hearing was held on November 3, 2022 in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 2 of 23
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Structures and Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project involves the expansion of an outdoor dining patio which
will not result in an increase of more than 2,500 square feet, nor 50 percent of the floor
area of the structures before the addition. 3. The Class 3 (New Construction or Conversion of Small Structures) exemption includes the construction of limited numbers of new, small facilities or structures, including a
restaurant or similar structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. The Project involves the expansion of an outdoor dining patio of 950 square feet of net public area. 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
Lot Merger
In accordance with Section 19.68.030 (Lot Mergers) and 19.08.030 (Waiver of Parcel Map
Requirements) of the NBMC, the following findings and facts in support of such findings are set forth: A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood of such Project or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City, and further that the
lot merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The Lot Merger to combine two existing legal lots by removing the interior lot line between the lots will not result in the creation of additional parcels.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 3 of 23
2. The Project is in an area with an average slope of less than 20 percent.
3. The Lot Merger is consistent with the purpose and intent of Title 19 (Subdivisions) of the
NBMC. 4. The future development on the Properties will be subject to Title 20 (Planning and Zoning) of the NBMC development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and
general welfare of the City.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding: 1. The two lots to be merged are under common fee ownership, as evidenced by the ownership information and documentation provided at the time of application submittal.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the
Properties including, but not limited to, the General Plan and any applicable Coastal
Plan or Specific Plan.
Facts in Support of Finding:
1. Fact 1 in support of Finding H is hereby incorporated by reference.
2. Fact 1 in support of Finding I is hereby incorporated by reference. 3. The lots as merged will retain the same land use and zoning categories within the General
Plan, Title 20 (Planning and Zoning) and Title 21 (Local Costal Program Implementation
Plan) of the NBMC. 4. The Properties are not located within a Specific Plan area.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Facts in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger, as there are no parcels that are dependent on the Properties for access.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 4 of 23
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots.
Facts in Support of Finding: 1. Other properties along Newport Boulevard consist of lots of varying shapes and sizes. Although the Lot Merger will create a larger lot (10,237 square feet), it will not create an excessively large lot in comparison to the existing lots in the area. There are many
existing lots in the surrounding neighborhood that are similar or larger when compared
to the Lot Merger, including 2600 Newport Boulevard (86,641 square feet), 2807 Newport Boulevard (17,693 square feet), and 2627 Newport Boulevard (9,544 square feet).
2. The width of parcel created by the Lot Merger is approximately 102 feet, which will not
create an excessively wide lot in comparison to other existing lots in the area. There are existing lots in the surrounding neighborhood that exceed the Lot Merger, including 2600 Newport Boulevard (approximately 430 feet wide), 2807 Newport Boulevard (approximately 149 feet wide), 2823 Newport Boulevard (approximately 100 feet wide),
and 2911 Newport Boulevard (approximately 110 feet wide).
3. The Lot Merger will not change the visual appearance of the restaurant in that the parcel to be merged is currently and will continue to be utilized as parking and outdoor dining for the restaurant. There is currently a temporary outdoor dining patio which would be
improved to be permanent. 4. The resulting lot configuration will not change the existing pattern of development since the orientation and access to the parcels would remain the same.
Finding:
F. The division of land complies with requirements as to area, improvement and design,
flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other
applicable requirements of this title, the Zoning Code, the General Plan, and any
applicable Coastal Plan or Specific Plan. Facts in Support of Finding:
1. Approval of the Lot Merger would remove the existing interior lot lines, and allow the
Properties to be used as a single site. The Project would comply with all design standards and improvements required for new subdivisions by Title 19 (Subdivisions) of the NBMC, General Plan, and Coastal Land Use Plan.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 5 of 23
2. The Properties are located within the Coastal Zone and the Project’s compliance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC is further discussed
in Findings T and U, below.
3. The Properties are not subject to a Specific Plan.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
G. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales). Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City. 1. The Property is located in Reporting District 15 (RD 15). RD 15 exceeds the City
average, and is considered a high crime area as compared to other reporting
districts. The RD’s Crime Count is 647, 541 percent over the Citywide crime count average of 107. Since this area has 20 percent greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. However, RD 15
contains a large number of visitor and tourist-serving nonresidential uses. Lido
Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the area. The intent of the zoning designations in this beach area, as well as the two (2) adjacent reporting districts, is to provide various
commercial and retail uses to support the surrounding residential area and
surrounding visitor-serving and tourist destinations. Beach areas have a higher concentration of land uses and therefore tend to have a higher crime rate than other areas in the City.
2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location, operational characteristics, and closing hours of midnight on Sunday through Thursday and 2 a.m. on Friday and Saturday, and has no objection to the continuation of the Type 47 alcoholic beverage license subject to appropriate conditions of approval.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 6 of 23
1. Due to the high concentration of commercial land uses, the resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than
other areas of the City. The highest volume crime in this area is drunkenness and
the highest volume arrest in the area is Public Intoxication. Driving under the influence, public intoxication, and liquor law violations make up 44 percent of arrests in this reporting district. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for
service, crimes and arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors.
1. Although the Project is located near a residential district, the Property is situated in a commercial zoning district within an existing commercial plaza with other nonresidential uses. Residential neighborhoods are located adjacent to the plaza to the north, east, and south. To the west of the plaza, there are existing commercial
uses.
2. The Project is not in proximity to a religious facility, daycare center, park, recreational facility, school, or similar uses that attract minors.
3. The proposed alcohol sales are not detrimental to the community as a result of the
proximity to any sensitive land uses. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.
1. Several other establishments along Newport Boulevard currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. Within the same shopping center, Chipotle Mexican Grill and Gina’s Pizza provide alcohol service to
patrons. Other nearby establishments such as Woody’s Diner, Bear Flag Fish
Company, Fable and Spirits, Malarky’s, and Session’s West Coast Deli also provide alcohol service to patrons. 2. The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the use, which is limited to 1,418 square feet of
interior net public area and an outdoor patio space of 1,305 square feet. The proposed hours of operation are from 9 a.m. to midnight, Sunday through Thursday, and 9 a.m. to 2 a.m., Friday and Saturday for the interior. The hours of operation for the exterior patio are 9 a.m. to 10 p.m., Sunday through Thursday, and 9 a.m. to 11
p.m. on Friday and Saturday. Service of alcohol would begin at 9:00 a.m., daily.
Conditions of approval will further prevent the establishment from operating as a bar or lounge.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 7 of 23
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. No objectionable conditions are presently occurring at the Property. The property has historically been used as a restaurant. An expanded temporary outdoor dining patio has been operating through an Emergency Temporary Use Permit and Limited Term Permit since June of 2020 without issues. There is no evidence that suggests
the Project will create objectionable conditions with the proposed expansion.
2. The Project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
H. 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 this site is CV (Visitor Serving Commercial), which is intended to provide for accommodations, goods, and services intended to primarily serve visitors to Newport Beach. The Project is an expansion of an existing outdoor dining patio, which provides additional seating opportunities for residents and
visitors to the Balboa Peninsula area.
2. The Project is consistent with the following General Plan Land Use policies, applicable to the Project:
a. Land Use Element Policy LU.2.6 (Visitor Serving Uses). Provide uses that serve visitors to Newport Beach’s ocean, harbor, open spaces, and other
recreational assets, while integrating them to protect neighborhoods and
residents.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 8 of 23
The Project is an expansion of an outdoor dining patio which serves an existing restaurant that is approximately 200 feet from the harbor and 1,000
feet from the beach. The Project provides additional outdoor dining
opportunities for visitors to the harbor and beach.
b. Land Use Element Policy LU.6.8.5 (Quality of Place/Streetscapes). Develop a plan and work with property owners and businesses to fund and
implement streetscape improvements that improve Balboa Peninsula’s visual
quality, image, and pedestrian character. This should include well-defined
linkages among individual districts, between the ocean and Bay, and along
the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts.
The existing restaurant is located at the corner of Newport Boulevard and 28th Street. The Project is adjacent to Newport Boulevard and will provide improved quality and image to pedestrians and motorists travelling on Newport Boulevard. The area of the expansion is a parking lot, which has a
temporary outdoor dining patio.
c. Land Use Element Policy LU.6.8.7 (Property Improvement). Provide
incentives for and work with property owners to improve their properties and achieve the community’s vision for the Balboa Peninsula.
The Project improves the Properties to provide additional opportunity for outdoor dining, as well as necessary parking for patrons in the proposed off-site parking lot.
3. The Properties are not a part of a specific plan area.
Finding:
I. The use is allowed within the applicable zoning district and complies with all other applicable provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding: 1. The Properties are located in the CV (Commercial Visitor-Serving) Zoning District, which is intended to provide for areas appropriate for accommodations, goods, and services
intended to serve primarily visitors to the City. Eating and drinking establishments are
allowed uses, subject to the approval of a use permit. The expansion of the existing restaurant is consistent with this designation because it will provide expanded outdoor dining options to visitors to the City.
2. The existing restaurant is authorized under Use Permit No. UP1757, which was
originally approved by the Planning Commission on June 19, 1975. The Use Permit
authorized live entertainment and recognized that the parking was nonconforming due to there being no on-site parking spaces.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 9 of 23
3. On December 4, 1986, the Planning Commission approved an amendment to UP1757 (Amendment A), which authorized a take-out food operation (414 gross square feet) in
conjunction with the existing restaurant, as well as a 91 square foot expansion of net
public area (NPA) to the restaurant. Due to these expansions, five parking spaces were required. The use permit included a condition of approval which required the restaurant to purchase five in-lieu parking permits from the City.
4. On November 6, 1998, a Planning Director’s Approval was approved to allow the
restaurant to provide five off-site parking spaces in the immediately adjacent property (2804 Newport Boulevard) in place of the payment of in-lieu parking fees established by Amendment A, since the adjacent property was under common ownership with the restaurant site. Lot Merger LM2016-011 was later approved by the Zoning Administrator
on January 12, 2017, which merged the adjacent property with the parking spaces to
the restaurant site. On March 21, 1996, Outdoor Dining Permit No. 8 was approved which authorized a maximum 355 square foot outdoor dining patio. No additional parking was required for the patio.
5. The restaurant site at 2800 Newport Boulevard currently includes seven (7) existing on-
site parking spaces. Additionally, the adjacent lot under common ownership at 2806 Newport Boulevard informally provides eight (8) off-site parking spaces for a total of 15 spaces which serve the restaurant. Due to the addition of the outdoor dining area, the parking supply is proposed to be reduced to six (6) spaces each on both the restaurant
site and 2806 Newport Boulevard. With the proposed expansion of the outdoor dining
patio, additional parking is required. 6. Pursuant to Sections 20.50.040 and 21.40.040 (Off-Street Parking Spaces Required) of the NBMC, parking required for restaurant uses may range from a rate of one (1) space
per 30 square feet to one (1) space per 50 square feet of interior NPA based on physical
and operational characteristics of the proposed restaurant. A parking rate of one (1) space per 50 square feet of NPA is appropriate to apply to the expanded outdoor dining patio based on the following location and operational characteristics of the proposed use: 1) there is no presence of pool tables, big screen, televisions, or other attractions
within the patio area; 2) the outdoor dining patio operation is proposed to close at 10
p.m. on Sunday through Thursday and 11 p.m. on Friday and Saturday; 3) due to its close proximity to both the beach and the harbor, walk-up traffic is expected; and 4) due to its location on Balboa Peninsula, which is densely populated, biking is prominent year-round and bicycle racks dedicated to the restaurant are provided on the adjacent site
which shares common ownership.
7. The patio expansion is 950 square feet of NPA and requires an additional 19 parking spaces (950 / 50 = 19). This would increase the overall restaurant’s parking requirement to 24 spaces (5 + 19 = 24). As part of the Project, the Applicant is proposing to merge
with the adjacent lot under common ownership with the restaurant site (2806 Newport
Boulevard) and provide an additional 6 on-site parking spaces, resulting in a total of 12 on-site parking spaces after the merger. Additionally, the Applicant is proposing an off-site parking agreement with 2812 and 2814 Newport Boulevard to provide an additional 12 parking spaces. These off-site parking lots are also under common ownership with
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 10 of 23
the restaurant site. Therefore, the 24-space parking requirement would be satisfied between a combination of 12 on-site spaces and 12 off-site spaces. All facts in support
of Findings M through S are hereby incorporated by reference.
Finding: J. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding: 1. Commercial uses, including restaurants, are common in the vicinity of Newport
Boulevard and serve visitors and residents. As conditioned, the Project will be
compatible with the land uses permitted within the surrounding neighborhood.
2. The Project is an existing restaurant located in a commercial area and will complement the existing mix of retail, service, and restaurant uses in the immediate area. The adjacent lot onto which the patio will expand is a parking lot with a 1,000-square-foot
temporary outdoor patio that was authorized by Limited Term Permit No. XP2021-036
and Coastal Development Permit No. CD2021-071. These Permits expire on March 17, 2023.
3. The expansion of the existing outdoor dining patio provides additional outdoor dining opportunities for visitors to the Balboa Peninsula area. The nearest residences are
located approximately 275 feet away on the southbound portion of Balboa Boulevard
between 28th and 29th Streets. As conditioned, the outdoor dining patio must close by 10 p.m. on Sunday through Thursday, and 11 p.m. on Friday and Saturday. All patrons must vacate the premises by these designated times. The closing hours will help to ensure the use remains compatible with the surrounding neighborhood.
4. The Project involves the expansion of the patio onto the adjacent lot at 2806 Newport
Boulevard through a lot merger. The lot is currently used for restaurant parking, as well as a temporary outdoor dining patio which was originally authorized though Emergency Temporary Use Permit No. UP2020-008 during COVID-19. The Project would allow construction of a permanent patio in a commercial area.
5. The Project involves an off-site parking agreement with 2812 and 2814 Newport
Boulevard to provide 12 additional parking spaces. 2812 and 2814 Newport Boulevard was previously used as a storage yard for boat parts, and has recently been converted to a parking lot which serves the subject restaurant. Additional off-street parking is compatible to the allowed uses in the vicinity as it removes additional on-street parking
for patrons of the restaurant.
6. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is not located adjacent to residential uses, but is across the street from a City Fire Station and is in the vicinity of other commercial uses.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 11 of 23
7. As conditioned, the outdoor dining area will close by 10 p.m. on Sunday through Thursday, and 11 p.m. on Friday and Saturday. The closing hours will help to ensure
there is no detriment to the surrounding neighborhood.
Finding: K. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities. Facts in Support of Finding:
1. The Project is an expansion of an existing outdoor patio that serves an existing
restaurant. The adjacent lot onto which the patio would expand is a parking lot that currently serves the restaurant and also includes a temporary outdoor patio. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood.
2. The existing kitchen, food prep area, restrooms, and storage areas will remain in the existing restaurant and will be unaffected by the expansion. However, the Applicant is required to obtain Orange County Health Department approval prior to opening for business with the additional outdoor patio area, and must comply with the California
Building Code to ensure the safety and welfare of customers and employees within the
establishment. 3. The Project includes the relocation of the existing curb cut that is shared between 2812 and 2814 Newport Boulevard. The relocation provides a more appropriate path of
egress for vehicles due to the changed parking layout. The relocation does not result in
a net loss of on-street parking spaces. 4. Adequate public and emergency vehicle access, public services, and utilities are provided to the Properties. Any additional utilities upgrades required for the change in
occupancy will be required at plan check for the building permit.
5. The tenant improvements to the Properties will comply with all Building, Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with.
Finding:
L. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding: 1. Fact 1 in support of Finding K is hereby incorporated by reference.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 12 of 23
2. Fact 7 in support of Finding J is hereby incorporated by reference.
3. The Project has been reviewed and includes conditions of approval to help ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Off-Site Parking
In accordance with Sections 20.40.100 and 21.40.100 (Off-Site Parking) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
M. 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 lots at 2812 and 2814 Newport Boulevard are located approximately 60 feet from the restaurant and 2806 Newport Boulevard, which is proposed to be merged as a part of the Project. There is an existing sidewalk abutting Newport Boulevard for pedestrian travel between the restaurant and the parking lots.
Finding:
N. On-street parking is not being counted towards meeting parking requirements;
Facts in Support of Finding:
1. Facts 6 and 7 of Finding I are hereby incorporated by reference.
2. There are existing on-street parking spaces along Newport Boulevard and 28th Street
that are not being counted towards the restaurant’s parking requirements.
Finding:
O. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. The parking lots are located within approximately 60 feet of the restaurant site. The
parking lots, along with the restaurant, are located on the east side of Newport Boulevard and would not require patrons who park in the off-site parking lot to cross the street, as there is a sidewalk which leads directly to the restaurant.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 13 of 23
2. There is a commercial building located at 2808 and 2810 Newport Boulevard, between the restaurant and the off-site parking lots. The commercial building is primarily used as
an office space and storage area for the subject restaurant. Therefore, there are no
traffic hazards or impacts that are expected between the parking facility and the commercial use. 3. Fact 3 of Finding K is hereby incorporated by reference.
Finding:
P. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve.
Fact in Support of Finding:
1. As conditioned, the off-site parking lot shall maintain a minimum of 12 parking spaces at all times to serve the restaurant. Any reduction of parking will require the review and
possible revocation of the outdoor dining patio.
2. As conditioned, the property owner will be required to execute and record an off-site parking agreement between the restaurant site at 2800 Newport Boulevard and the off-site parking lots at 2812 and 2814 Newport Boulevard.
Finding:
Q. The parking facility shall be located within a five hundred (500) foot distance unless alternative transportation provided to the use it is intended to serve.
Fact in Support of Finding:
Fact in support of Finding M is hereby incorporated as reference.
Finding:
R. The off-site, off-street parking shall not impact public parking available for coastal
access.
Facts in Support of Finding:
2. The off-site parking lots are located approximately 50 feet from the bay and 1,000 feet from the beach. The parking lots, which are existing private parking lots, will not impact public parking available for coastal access.
3. The off-site parking lots, which were previously used as a storage yard for boat parts, were recently converted to private parking lots. This allows for patrons of the restaurant to park on private property instead of using public street parking for visitors who are accessing the coast.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 14 of 23
Finding:
S. Public parking facilities may only be used as an off-site parking facility as part of an
overall Parking Management Plan.
Fact in Support of Finding:
The Project does not include the use of public parking facilities.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
T. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Properties are located in the Coastal Zone and the Project requires a coastal development permit in accordance with Section 21.52.035(C)(2) (Projects Exempt from
Coastal Development Permit Requirements) of the NBMC. The Project constitute an
increase of 10 percent or more of the internal floor area of an existing structure or a lesser improvement that has previously been undertaken pursuant to California Public Resources Code Section 30610(a). The expanded outdoor dining area and barrier within the public walkway are minor detached structures. The location of these improvements
does not pose a conflict to coastal resources, coastal access, or other adverse
environmental effects. 2. The Properties are not located adjacent to a coastal view road or public access way. The Project is located on a site with an existing restaurant, complies with all applicable Local
Coastal Program (LCP) development standards, and maintains an area consistent with the
existing pattern of development on the Balboa Peninsula. Additionally, the Project does not contain any unique features that could degrade the visual quality of the Coastal Zone. 3. The Project is complementary to the area; the Properties and other restaurants on the
Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is not installed within any existing walkway. The barrier delineates the area dedicated for outdoor dining use and alcohol service from the public walkway. There are no existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access is increased by allowing commercial establishments to re-open allowing public to visit
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 15 of 23
coastal areas and provides an added amenity for visitors. The Project does not contain ESHA, wetlands, or sandy beach area.
Finding: U. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the Project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding: 1. The Properties are not located between the nearest public road and the sea or shoreline
of any body of water located within the coastal zone. The Properties are located
approximately 1,000 feet from a public beach and approximately 200 feet from the harbor and are not located near a public viewpoint designated by the Coastal Land Use Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction and Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
2. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource. 3. The Planning Commission of the City of Newport Beach hereby approves PA2021-260, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated
by reference.
4. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Program
Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 16 of 23
5. This resolution supersedes Use Permit No. 1757 and Outdoor Dining Permit No. 8, which upon vesting of the rights authorized by PA2021-219, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF NOVEMBER, 2022. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES: None ABSTAIN: None
ABSENT: None
BY:_________________________
Lauren Kleiman, Chair
BY:_________________________ Mark Rosene, Secretary
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 17 of 23
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval). 2. The 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.
4. The Conditional Use Permit, Lot Merger, and Coastal Development Permit, as referenced
under PA2021-219, 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 NBMC, unless an extension is otherwise granted.
5. This Use Permit, Lot Merger, and Coastal Development Permit may be modified or
revoked by the Planning Commission should they determine that the Project 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 Properties are operated or maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit.
7. Prior to issuance of a building permit, the Lot Merger to merge 2800 and 2806 Newport
Boulevard shall be recorded.
8. The hours of operation for the interior of the restaurant shall be from 9 a.m. to midnight, Sunday through Thursday, and 9 a.m. to 2 a.m., Friday and Saturday.
9. The outdoor dining patio shall close by 10 p.m. on Sunday through Thursday, and 11
p.m. on Friday and Saturday. All patrons must vacate the patio by these designated
times.
10. Dancing shall not be permitted in the restaurant unless an amendment to this use permit
is approved.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 18 of 23
11. All music and live entertainment shall be limited to a quartet (four performers).
12. All live entertainment activity with amplification shall cease by midnight on Sunday
through Thursday, and by 1 a.m. on Friday, Saturday, Cinco de Mayo, and Mexican
Independence Day.
13. There shall be no live entertainment or dancing on the outdoor dining patio at any time.
All live entertainment shall be confined to the interior of the building and all windows and
doors of the restaurant shall remain closed during such activities.
14. The restaurant shall maintain a minimum of 12 on-site parking spaces at all times. The off-site parking lot located at 2812 and 2814 Newport Boulevard shall maintain a
minimum of 12 parking spaces at all times. Any reduction of parking shall result in the
review and possible revocation of the outdoor dining patio.
15. Prior to issuance of a building permit, a parking agreement shall be recorded, guaranteeing the long-term availability of at least 12 spaces on 2812 and 2814 Newport
Boulevard. Said agreement shall be in a form approved by the City Attorney and the
Community Development Director. 16. 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.
17. The Properties 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. 18. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division. 19. All noise generated by the Project shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the
NBMC. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 19 of 23
Commercial Property N/A 65dBA N/A 60dBA
20. Should the Properties 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday
through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
22. No outside paging system shall be utilized in conjunction with the outdoor dining patio.
23. 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.
24. 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. 25. That the owner and/or operator of the restaurant shall provide trash pickup six days a
week.
26. 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.
27. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements). 28. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 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. 29. 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.
30. 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
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 20 of 23
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.
31. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
32. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of El Ranchito Outdoor Dining Patio Expansion (PA2021-219). 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 33. Automatic fire sprinklers shall be required for all new construction.
Building Division 34. 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. 35. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 21 of 23
• Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment. Off-Site Impacts • Encourage car-pooling for construction workers. • Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer. 36. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the Project, subject to the approval of the
Building Division and Code and Water Quality Enforcement Division. The WQMP shall
provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 37. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Department
38. Parking layout shall comply with City Standard 805 and a final parking layout shall be
approved by the City Traffic Engineer.
39. All unused driveway approaches or portions of unused driveway approaches shall be
plugged per City Standard 165.
40. The shared driveway approach for 2812 and 2814 Newport Boulevard shall be
reconstructed to align with the new drive aisle per City standard.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 22 of 23
41. No loss of on-street public parking spaces shall be permitted.
Police Department
42. Prior to receiving the Certificate of Occupancy for the outdoor dining patio expansion,
the restaurant owner and/or operator shall obtain an Operator’s License from the Police Department pursuant to NBMC Section 5.25.
43. 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.
44. 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. This training must be updated every
3 years regardless of certificate expiration date. 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.
45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
46. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
47. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
48. There shall be no dancing allowed on the premises.
49. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
50. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
51. Food service shall be made available to patrons until closing.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC
Planning Commission Resolution No. PC2022-028 Page 23 of 23
52. 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.
53. 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.
54. “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).
55. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request.
56. 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.
57. 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.
58. Strict adherence to maximum occupancy limit is required.
59. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
DocuSign Envelope ID: 05E2424B-1C69-4A0F-91A9-DA29BA6476DC