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HomeMy WebLinkAbout3.0_El Cholo Restaurant Outdoor Dining Patio Expansion_PA2025-0042CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 22, 2026 Agenda Item No. 3 SUBJECT: El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) ▪Conditional Use Permit SITE LOCATIONS: 3520 East Coast Highway, 410 Narcissus Avenue, 409 Orchid Avenue, 3536 East Coast Highway APPLICANT: Andrew Heermann, Laidlaw Schultz Architects OWNERS: Walter C. Boice Family Trust (3520 East Coast Highway) Halverson Boice California Properties, LLC (410 Narcissus Avenue) Walter C. Boice Family Trust (409 Orchid Avenue) John Bradley Pence and Jennifer Anne Robinson (3536 East Coast Highway) PLANNER: Daniel Kopshever, Assistant Planner (949) 644-3235, dkopshever@newportbeachca.gov PROJECT SUMMARY A request to expand the outdoor dining patio for an existing restaurant (“El Cholo”) by 975 square feet, resulting in a total outdoor dining area of 1,709 square feet. No changes are proposed to the interior of the 5,347-square-foot restaurant. The proposed hours of operation for the outdoor patio are from 10 a.m. and 11 p.m., daily, consistent with the interior restaurant hours. No live entertainment, dancing, or late hours are proposed, and there are no changes to the existing Type 47 (On-Sale General – Eating Place) California Department of Alcoholic Beverage Control license. To authorize the expanded outdoor dining area, the applicant requests to waive 17 of the 66 required parking spaces and to provide the remaining spaces through a combination of off-site private parking lots located at 409 Orchid Avenue, 410 Narcissus Avenue, and 3536 East Coast Highway. Approval of the project would supersede all previous approvals. 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. PC2026-001, approving the Conditional Use Permit filed as PA2025- 0042 (Attachment No. PC 1). 1 INTENTIONALLY BLANK P A G E 2 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 2 VICINITY MAP GENERAL PLAN ZONING 3520 East Coast Highway LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial (CC) Commercial Corridor (CC) El Cholo restaurant NORTH Two-Unit Residential (RT) Two-Unit Residential (R- 2) Two-unit residences EAST, SOUTH, WEST CC CC Restaurants (Rose Bakery, Domino’s, etc.) nail salon, retail, offices 3520 East Coast Highway El Cholo 3536 East Coast Highway Existing Off-Site Parking 410 Narcissus Ave Proposed Off-Site Parking 409 Orchid Ave Existing Off-Site Parking 3 INTENTIONALLY BLANK P A G E 4 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 3 INTRODUCTION Project Setting As identified on the preceding page, the property located at 3520 East Coast Highway is on the northern side of East Coast Highway between Narcissus and Orchid Avenues, within the commercial corridor of Corona del Mar. It is developed with a two-story commercial building currently occupied by El Cholo restaurant (hereafter referred to as “El Cholo”) that has its primary entrance on East Coast Highway, through its existing outdoor dining patio. Surrounding development includes a mix of commercial uses along East Coast Highway and residentially zoned properties to the north and northeast. The two residentially zoned parcels to the immediate rear of El Cholo and across the alley, 410 Narcissus Avenue and 409 Orchid Avenue, are developed as private surface parking lots. The abutting property to the southeast at 3536 East Coast Highway is developed with a small surface parking lot and a one-story multi-tenant commercial building currently occupied by Del Mar Nails and Spa, Domino’s, Scene Framing and Art (retail store), and Rose Bakery Café. Vehicular access is provided by a 13-foot-wide alley, which can be accessed from either Narcissus Avenue or Orchid Avenue. Pedestrian access is provided from the public sidewalk along East Coast Highway. There are also public bike racks available within the public right-of- way in front of El Cholo. Background and Current Development The space occupied by El Cholo has a longstanding history of operating as a restaurant. A chronological summary of the entitlements approved for the property is provided below: • On June 7, 1979, the Planning Commission approved Use Permit No. UP1908 (UP1908) to authorize a restaurant use and 43 off-site parking spaces. • In 1980, 1982, 1983, and 1984 the Planning Commission approved amendments to UP1908, documented as UP1908A through UP1908E, which permitted on-sale alcoholic beverages, valet parking, amended hours of operation to allow for lunch service, and added live entertainment, dancing, and an outdoor dining area. • On June 23, 1982, the Planning Commission approved Variance No. 1100, which waived all off-street parking spaces required by the outdoor dining area approved under the 3rd revision of UP1908. • On April 19, 1984, the Planning Commission approved Variance No. 1111, which waived all off-street parking spaces required by a further expanded outdoor dining area approved under the 4th revision of UP1908. • On September 26, 2014, the Community Development Director approved Staff Approval No. SA2014-018 (PA2014-137), determining that a tenant improvement with a small addition (86 square feet), and operational changes under a new operator, El Cholo Restaurant, were in substantial conformance with UP1908. 5 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 4 • On June 10, 2020, in response to the COVID-19 pandemic, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-030, allowing further expansion of the outdoor dining patio into a driveway area previously used for valet parking. Two one-year extensions of the temporary outdoor dining area were subsequently approved. The current project seeks to permanently permit this area for outdoor dining. As currently entitled and developed, the interior first floor features an entry space, bar and lounge area with fireplace and 10 small tables for guests, three additional dining rooms, bathrooms, and a back-of-house service area. An interior staircase leads to an office and additional storage areas on the second floor. In total, the 5,347-square-foot interior space provides 154 dining seats and 13 bar seats, and the existing permanent 734-square-foot outdoor dining area provides 93 seats. The 975-square-foot temporarily expanded outdoor dining area provides an additional 68 seats, for a total seating capacity of 328 patrons. The private surface parking lot at 409 Orchid Avenue provides 27 off-site parking spaces for El Cholo and the private surface parking lot for the abutting multi-tenant building provides 13 off-site parking spaces after 5 p.m. when its tenants are no longer operating. Although not formally recognized in previous approvals, El Cholo currently benefits from an additional 22 off-site parking spaces at 410 Narcissus Avenue. The properties are all identified in Figure 1 below. Figure 1, Oblique aerial image of the project site and off-site parking lots 3536 East Coast Highway 13 Off-Site Parking Spaces (After 5 p.m.) 409 Orchid Avenue 27 Off-Site Parking Spaces El Cholo 410 Narcissus Avenue 22 Off-Site Parking Spaces 6 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 5 Project Description Given the success of the temporarily expanded outdoor dining area, the applicant is requesting to make the expansion permanent. The expanded area would be similar to the temporarily expanded area, taking over a former driveway area that has been closed to vehicular traffic and is now separated from the public right-of-way by bollards and potted plants. The addition will expand the outdoor dining area by 975 square feet, resulting in a total outdoor dining area of 1,709 square feet. The project is served by an existing trash enclosure adjacent to the building, which will remain, and a new 75-square-foot trash enclosure is proposed across the alley within the 409 Orchid Avenue parking lot. The new enclosure is a convenient distance from the restaurant, ensuring proper refuse collection and disposal. The new enclosure, as proposed, will comply with Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the Newport Beach Municipal Code (NBMC). The outdoor dining patio will not require permanent construction; however, a building permit is required to document the expanded outdoor dining area and to show path of travel from parking areas and the public right of way. Figure 2, below, identifies the improvements associated with this project in a yellow highlight. Figure 2, Site plan highlighting patio expansion and new trash enclosure El Cholo will continue to operate as a full service, sit-down, dining establishment with alcohol service that is ancillary to food service. Although the current entitlement authorizes late hours (after 11 p.m.), live entertainment, and dancing, the applicant proposes to abandon those privileges. Hours of operation for both the patio and the interior of the restaurant are proposed 7 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 6 from 10 a.m. to 11 p.m., daily, and there will be no live entertainment or dancing. To partially offset the increased parking demand from the added outdoor dining area, El Cholo proposes to lease an additional off-site parking lot at 410 Narcissus Avenue, providing an additional 22 parking spaces. The primary physical and operational characteristics currently allowed and proposed for El Cholo are summarized in Table 1 below. Table 1, Comparison of Physical and Operational Characteristics Operating Characteristics Existing Allowance Proposed Gross Floor Area 5,347 square feet No change Parking Lot Spaces (Off-Site) 409 Orchid – 27 spaces 3536 East Coast Highway – 13 Spaces (after 5 p.m. only) 409 Orchid – 27 spaces 3536 East Coast Highway – 13 Spaces (after 5 p.m. only) 410 Narcissus Avenue – 22 spaces Interior Dining Area 2,650 square feet, 167 seats No change Temporary Outdoor Dining Area 975 square feet, 68 seats Removed Permanent Outdoor Dining Area 734 square feet, 93 seats 1,709 square feet, 161 seats Total Seats 328 seats (including 68 temporary) 328 seats Hours of Operation Open until 12:30 a.m. Sunday through Thursday Open until 1:30 a.m. Friday and Saturday Reduced to 10 a.m. – 11 p.m., Daily Live Entertainment Allowed Prohibited Dancing Allowed Prohibited Alcohol Beverage Sales Type 47 (On-Sale General – Eating Place) No Change The full project description and project plans are available as Attachment Nos. PC 2 and PC 3, respectively. While food service uses without late hours may be approved by the Zoning Administrator through a minor use permit, both a reduction of more than 20% of the required off-street parking and the 8 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 7 use of off-site parking require approval of a Conditional Use Permit (CUP) by the Planning Commission. The proposed operation would provide 62 of the 66 required parking spaces after 5 p.m.; however, only 49 spaces are available at all times. Accordingly, reauthorization of the restaurant use with an expanded outdoor patio requires a CUP to permit off-site parking at 409 Orchid Avenue, 410 Narcissus Avenue, and 3536 East Coast Highway, and to allow a waiver of 17 of the 66 required off-street parking spaces (i.e., the “worst-case” scenario). DISCUSSION Analysis General Plan Consistency The property developed with El Cholo is categorized as Corridor Commercial (CC) by the Land Use Element of the General Plan. The CC category is intended to accommodate neighborhood- serving commercial uses that foster pedestrian activity and vibrant streetscapes, including restaurants. The project is in furtherance of General Plan Policy LU 2.1 (Resident-Serving Land Uses) by providing a gathering place that supports social and recreational activity for residents and visitors. The outdoor dining patio enhances opportunities for social interaction in an open-air environment. The project also furthers General Plan Policy LU 2.4 (Economic Development) by enabling reinvestment in an established business that contributes to the economic vitality of the Corona del Mar commercial corridor. The project is particularly supportive of General Plan Policy LU 5.3.5 (Pedestrian-Oriented Architecture and Streetscapes), which encourages outdoor seating and the activation of street- facing areas that would otherwise function as gaps or inactive spaces. The patio expansion transforms an underutilized frontage area into an active space with visible pedestrian activity, improving the continuity, interest, and safety of the streetscape. A full General Plan consistency analysis is available in the draft resolution provided as Attachment No. PC 1. Zoning Code Consistency The project site is zoned Commercial Corridor (CC). Similar to the Land Use categorization of Commercial Corridor (CC), the CC Zoning District is also intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Eating and drinking establishments with alcohol service are permitted within the CC zoning district, subject to discretionary review, pursuant to Table 2- 5 (Commercial Retail Zoning Districts Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC. 9 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 8 A discussion of the required findings for outdoor dining, alcohol sales, the parking waiver, the use of off-site parking, and the CUP are described under separate sections below. Outdoor Dining Considerations The proposed outdoor dining area complies with Section 20.48.090 (Eating and Drinking Establishments) of the NBMC. The patio has operated under temporary approval for several years without documented noise complaints or adverse impacts. Exhibit “A” in Attachment No. PC 1 includes conditions of approval that regulate noise, hours of operation, and alcohol service to ensure ongoing compatibility. El Cholo is located within an established commercial block and is separated from nearby residential zoning districts by an alley and parking areas. Importantly, the outdoor patio is oriented away from residential properties and buffered by existing structures. The expanded dining area is clearly defined by bollards at both ends and an on-grade planter along the northern property line, while the existing patio is enclosed by a metal security gate, pilasters with exterior light wells, and the building façade. Both patio areas are covered by either fabric canopies or umbrellas. Condition of approval No. 19 regulates noise, No 30. ensures safe alcohol service, and hours of operation are regulated by No. 3. The project eliminates previously approved late hours and live entertainment, reducing potential impacts to nearby residential uses. The project is not within the public right-of-way and provides appropriate barriers, maintains safe pedestrian circulation, and does not interfere with parking or vehicular access. Furnishings and design elements are compatible with the existing development, and operational controls address noise and loitering. Alcohol service will occur only within the approved outdoor dining area, consistent with Section 20.48.090(B)(1)(a) (Eating and Drinking Establishments) of the NBMC, and the operator is required to comply with all applicable operational standards related to litter removal, security, and staff training. The patio expansion proposes the extension of an existing, permitted outdoor dining area and complies with the operational, design, and review standards of Section 20.48.090 (Eating and Drinking Establishments) of the NBMC. Alcohol Sales Findings The restaurant operates with an existing Type 47 (On-Sale General - Eating Place) Alcoholic Beverage Control (ABC) license. The applicant is proposing an expansion of the outdoor dining patio and is not requesting any changes to the existing Type 47 ABC license. To authorize the sale and service of alcoholic beverages, the Planning Commission must first make a finding of consistency with Section 20.48.030 (Alcohol Sales) of the NBMC. 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. 10 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 9 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 Newport Beach Police Department (NBPD) has reviewed the project and has no objection, subject to the recommended conditions of approval in the draft resolution. The project does not propose a change in ABC license type, and the removal of operational characteristics such as live entertainment, dancing, and late hours is expected to reduce the potential for negative impacts associated with alcohol sales. Alcohol service will continue to be provided for the convenience of customers of the restaurant, and it is not intended to act as a separate use and destination from the restaurant. The NBPD prepared a Memorandum for the project that includes a Crime and Alcohol Related Statistics Report using the latest available data from 2024, which is provided as Attachment No. PC 5. The data is incorporated into the factors for consideration which are detailed in the draft resolution provided as Attachment No. PC 1. The NBPD Memorandum concluded that there were no concerns and does not anticipate any increase in crime or alcohol-related incidents. The NBPD recommended operational conditions of approval relative to the sale of alcoholic beverages, including but not limited to, prohibiting the restaurant from operating as a bar, tavern, cocktail lounge, or night club and a closing hour of 11 p.m. to ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The NBPD’s recommended conditions of approval are included in Exhibit “A” in Attachment No. PC 1. Required Parking Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC provides a parking requirement for food service uses of one parking space for every 100 square feet of gross floor area and one space for every 150 square feet of outdoor dining area. At 4,277 square feet of gross floor area on the first floor, 1,070 square feet on the second floor, and 1,710 square feet of outdoor dining area, the Project requires 66 parking spaces. Because the project only provides 49 parking spaces prior to 5 p.m., a 17-space (25.75%) parking waiver is required. Off-Site Parking The Project is served by three adjacent off-site parking lots that collectively provide 49 parking spaces prior to 5 p.m. and 62 spaces after 5 p.m. Specifically, the lot at 409 Orchid Avenue provides 27 spaces and the lot at 410 Narcissus Avenue provides 22 spaces, both of which are permanently available to El Cholo for patron and staff parking. An additional 13 spaces at 3536 East Coast Highway are available after 5 p.m. In the draft resolution (Attachment No. PC 1), Condition of Approval Nos. 5 and 6 require all off-site lots to be clearly signed, striped, and maintained to reflect the designated spaces and applicable time restrictions. Condition of Approval No. 7 requires an updated parking agreement or covenant to be recorded, ensuring the long-term availability of these spaces for El Cholo. On-street parking is not counted towards meeting parking requirements and the project does not introduce new traffic conflict points or interrupt pedestrian and bicycle routes. 11 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 10 Parking Waiver The General Plan Circulation Element acknowledges that Corona del Mar was subdivided prior to the widespread use of automobiles, which resulted in small lot sizes and limited opportunities for parking on private property and has contributed to the area’s highly walkable and bikeable residential and commercial character. The restaurant benefits from a high number of walk-in customers and/or rideshare users. A recent review of the parking supply in the commercial corridor area of Corona del Mar has further confirmed there is generally adequate parking throughout Corona del Mar. To support the waiver, the applicant submitted a Parking Survey (Attachment No. PC 4), showing the number and timing of customer visits, as well as observational counts of the available parking spaces in each of the three parking lots serving the restaurant. In addition, the Survey noted the available on-street parking on Orchid Avenue and East Coast Highway. Counts were taken on Saturday, November 8, 2025, and on Wednesday, November 12, 2025. Counts of available parking spaces were taken every 30 minutes starting at 12 p.m. and ending at 2 p.m. The Parking Survey showed peak parking demand occurring from 12 p.m. to 12:30 p.m., on Wednesday. At no time were the parking lots fully occupied. Six spaces were available in the Narcissus lot and 11 spaces were available in the Orchid lot at 12 p.m. on Wednesday. At 12:30 p.m. on Wednesday, eight spaces were available in the Narcissus lot and four spaces were available in the Orchid lot. When adding the public on-street parking on Narcissus Avenue, East Coast Highway, and Orchid Avenue, a total of 24 spaces were available in the immediate area on Wednesday at both 12 p.m. and 12:30 p.m. While the on-street parking is not counted to satisfy parking requirements, the regular availability of public parking nearby alleviates concerns of potential parking impacts to the surrounding area. The 13 spaces provided after 5 p.m. at the 3536 East Coast Highway parking lot show an abundance of parking for dinner hours, and the Parking Survey demonstrates that there is sufficient parking available to serve the project even during the peak demand observed during lunch hours. The City Traffic Engineer has reviewed and accepted the observational counts as a valid indicator of the parking demand and supply. Given the restaurant is already operating with the expanded outdoor dining area, it is unlikely that approval of the project will generate additional parking demand beyond what was already observed. An additional fact supporting the assertion that the project’s parking demand is less than the required number of spaces is that the second floor includes approximately 1,070 square feet of storage and office space that is not accessible to patrons, is not used for customer-serving activities, and does not contribute to peak parking demand. As such, applying the full gross- floor-area parking ratio to this non-customer space results in a higher parking requirement than what the use realistically warrants. Converting the second floor to a dining area would require an amendment to this CUP. 12 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 11 Conditional Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As discussed above and demonstrated in the draft resolution (Attachment No. PC 1), staff believes that sufficient facts exist in support of each finding. El Cholo and its proposed expanded outdoor dining patio will continue to be consistent with the CC land use and zoning designations in that it will provide additional outdoor seating and dining services as a public convenience to visitors as well as residents in the surrounding area without altering the primary use. The expanded dining area will accommodate more customers at a time and encourage the continued success of the business. El Cholo will remain compatible with the surrounding uses and is separated from nearby residential uses by an alley and surface parking lots. The expanded outdoor patio was originally approved by the Community Development Director on June 10, 2020, through emergency Temporary Use Permit No. UP2020-030 and has since been approved for two, one-year extensions with no complaints received, demonstrating a lack of impacts to the surrounding land uses. The site has operated as a restaurant serving alcohol since 1980. There have been no enforcement cases related to alcoholic beverage sales at this location since El Cholo became the operator in 2014. The restaurant operates with a Type 47 ABC license issued in 2014, and alcohol service will be extended to the expanded outdoor dining area through the existing ABC license. The NBPD has reviewed the request and has no objection, assuming inclusion of the conditions of approval related to alcohol sales. Further, the project will remove late hours, live entertainment, and dancing from the restaurant’s operations, which will decrease the potential for conflicts with surrounding uses. Lastly, the project will add an additional 75-square-foot trash enclosure, ensuring adequate capacity for proper refuse collection and disposal. 13 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 12 Summary and Alternatives Staff finds that the project is consistent with Title 20 (Planning and Zoning), and the General Plan, as discussed in the analysis above. Staff recommends approval of the project, subject to the conditions of approval provided in the resolution as Exhibit “A.” If approved, the project will allow El Cholo to permanently expand its outdoor dining patio by 975 square feet. As part of the approval, the restaurant will abandon its previous approvals to operate late hours, live entertainment, and dancing Should the Planning Commission feel the facts are not in evidence of support for the project application, the following alternative options are available to the Planning Commission: 1. The Planning Commission may suggest specific changes that are necessary to alleviate any concerns. If the requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions; or 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval and a denial action is more appropriate, staff would recommend a continuance to prepare a resolution reflecting this course of action. Environmental Review The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential significant effect on the environment. This exemption allows for the operation, repair, maintenance, and minor alteration of existing buildings. The proposed restaurant is located within an existing building. Only minor alterations are required to accommodate the expanded outdoor dining area. The exceptions to these categorical exemptions 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, and is not a hazardous waste site, and is not identified as a historical resource. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. 14 El Cholo Restaurant Outdoor Dining Patio Expansion (PA2025-0042) Planning Commission, January 22, 2026 Page 13 Prepared by: Submitted by: JP/djk ATTACHMENTS PC 1 Draft Resolution PC 2 Project Description PC 3 Project Plans PC 4 Parking Survey PC 5 Police Memorandum 15 INTENTIONALLY BLANK P A G E 16 Attachment No. PC 1 Draft Resolution 17 INTENTIONALLY BLANK P A G E 18 RESOLUTION NO. PC2026-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING ALL PREVIOUS APPROVALS AND APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN OUTDOOR DINING PATIO AND WAIVE A PORTION OF THE REQUIRED OFF-STREET PARKING FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT OPERATING WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE, LOCATED AT 3520 EAST COAST HIGHWAY, AND AUTHORIZING THE USE OF OFF-SITE PARKING LOCATED AT 410 NARCISSUS AVENUE, 409 ORCHID AVENUE, AND 3536 EAST COAST HIGHWAY (PA2025-0042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The property at 3520 East Coast Highway, legally described as Parcel 1 of Book 158, Page 41 (“Project Site”), is currently developed as an eating and drinking establishment with outdoor dining, on-sale alcohol service, and off-site parking. The eating and drinking establishment in the City of Newport Beach (“City”), currently known as El Cholo (“Restaurant”), was originally authorized in 1979 by the Planning Commission pursuant to Use Permit No. UP1908. 2. Subsequent amendments to Use Permit No. UP1908 occurred in 1980,1982, 1983, 1984, and 1990 to adjust the allowed hours of operation, to add live entertainment, and to add dancing at the Restaurant. The Restaurant continues to operate pursuant to the fifth amendment of Use Permit No. UP1908 and Staff Approval No. SA2014-018 (PA2014- 137). 3. The Restaurant does not have an on-site parking area, and leases parking spaces from three off-site lots located at 409 Orchid Avenue, 410 Narcissus Avenue, and 3536 East Coast Highway. Through these leases, the Restaurant has access to 49 spaces before 5 p.m. and 62 spaces after 5 p.m. 4. An application was recently filed by Andrew Heermann of Laidlaw Schultz Architects (“Applicant”) proposing to expand the outdoor dining patio by 975 square feet, for a total of 1,709 square feet of outdoor dining area. The size of the Restaurant will remain unchanged at approximately 5,347 square feet. The hours of operation for the outdoor dining patio are proposed from 10 a.m. to 11 p.m. on a daily basis, consistent with the operating hours of the interior of the Restaurant. No live entertainment, dancing, or late hours are proposed, and there are no changes to the existing Type 47 (On-Sale General – Eating Place) California Department of Alcoholic Beverage Control (“ABC”) license. To expand the outdoor patio, the Applicant requests a conditional use permit (“CUP”) to waive 17 of the 66 required parking spaces for the Restaurant, and authorization to provide the remaining 19 Planning Commission Resolution No. PC2026-002 Page 2 of 22 spaces through a combination of off-site lots (“Project”). Approval of the Project would supersede all previous approvals. 5. As part of the Project, the Restaurant will abandon its existing approval for late hours and live entertainment. While food service uses with no late hours are allowed subject to the approval of a minor use permit by the Zoning Administrator, a reduction in the required amount of parking spaces and the use of off-site parking requires approval of a CUP by the Planning Commission pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Newport Beach Municipal Code (“NBMC”). Further, Section 20.50.30 (Multiple Permit Applications) of the NBMC requires that multiple applications for the same project be processed concurrently, and be reviewed and approved, modified, or denied by the highest review authority, which in this case, is the Planning Commission. 6. The Project Site is categorized by the Land Use Element of the General Plan as Corridor Commercial (CC) and has a zoning designation of Commercial Corridor (CC). 7. The property at 410 Narcissus Avenue is developed with a 22-space surface parking lot, is categorized as Two Unit Residential (RT) by the Land Use Element of the General Plan, and has a zoning designation of Two-Unit Residential (R-2). 8. The property at 409 Orchid Avenue is developed with a 29-space surface parking lot, is categorized as Two Unit Residential (RT) by the Land Use Element of the General Plan, and has a zoning designation of Two-Unit Residential (R-2). 9. The property at 3536 Coast Highway East is developed with a multi-tenant commercial building and a surface parking lot which provides 14 parking spaces. The property is categorized as Corridor Commercial (CC) by the Land Use Element of the General Plan, and has a zoning designation of Commercial Corridor (CC). The parking spaces are only available to the Restaurant after 5 p.m. 10. None of the subject properties are located within the coastal zone; therefore, a coastal development permit is not required. 11. A public hearing was held on January 22, 2026, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 20 Planning Commission Resolution No. PC2026-002 Page 3 of 22 2. The Class 1 (Existing Facilities) exemption authorizes minor alteration of existing structures with negligible or no expansion of use. The Project does not involve new construction, rather, outdoor furniture will be placed within the walkway adjacent to the Restaurant. While the Project increases the area used for outdoor dining, the additional capacity is a negligible expansion of use considering the existing Restaurant and its surrounding development. The additional outdoor seating provides the option for more patrons to dine outdoors rather than inside. Furthermore, operational characteristics such as live entertainment and dancing, which encourage large gatherings of patrons, are being removed. 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(C)(3) (Alcohol Sales). Facts in Support of Finding: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. a. The Project Site is located in an area designated by the Newport Beach Police Department (“NBPD”) as Reporting District 44 (“RD 44”). RD 44 encompasses the entirety of the neighborhood known as Corona del Mar and is abutted to the west by RD 22, to the south by RD 45, to the east by RD 47 and RD 48, and to the north by RD 43 and RD 39. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations), to the ABC. Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report including criminal homicide, rape, robbery, aggravated assault, burglary, larceny- theft, auto theft, and arson. The RD 44 crime count for 2024 is 299, which is 167% over the citywide average of 112 crimes per RD. The crime count for RD 44 is also higher than RD 43, RD 45 and RD 47. The high crime count of RD 44 compared to the adjacent reporting districts is to be expected, as the district includes all of the properties within Corona del Mar’s commercial corridor and the Corona del Mar State Beach; whereas, the adjacent reporting districts are predominantly residential. RD 44 is classified as an area of undue concentration, as its crime rate is 20% higher than the citywide average across all reporting districts. 21 Planning Commission Resolution No. PC2026-002 Page 4 of 22 c. The NBPD has reviewed the Project. Based on the location and operational characteristics, the NBPD has no objection to the Project, subject to the appropriate conditions of approval, which are included in Exhibit “A” attached hereto and incorporated into this resolution. d. Operational conditions of approval recommended by the NBPD include, but are not limited to, Condition of Approval Nos. 29, 30, 31, 33, 34, 36, 38, 39, 41, and 44 which ensure safe alcohol service, accounting to demonstrate that the use is not primarily driven by alcohol sales, and having management maintain a log of daily activities related to alcohol sales or any security actions. 2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. RD 44 was reported to ABC as a high crime area compared to other reporting districts in the City. The highest volume crimes in this area are larceny and theft. The highest volume arrests in the area are drug-related offenses. DUI, public intoxication, and liquor law violations account for 32% of overall arrests in RD 44. However, the area is a vibrant commercial corridor in proximity to Corona del Mar State Beach which attracts many visitors and tourists. These commercial and public recreation areas result in a higher volume of alcohol and drug related calls for service, crimes, and arrests. b. There were 11 calls for service to NBPD in 2024, and six calls in 2023. None of the calls were related to poor business practices, noise complaints, or ill management of the Restaurant patio. Thus, there are no anticipated concerns with allowing the establishment to continue to operate with alcohol service and removing its late-hour component. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. a. The Project Site is located within a commercial zoning district and is adjacent to a residential zoning district with two-unit residential properties located to the north and east of the Project Site. The restaurant is separated from the residential zoning district by an approximately 13-foot-wide alley. Notably, the two nearest residentially-zoned properties are currently developed with parking lots. b. There are no day care centers, hospitals, parks and recreation facilities, places of worship, or similar uses in the immediate vicinity. The nearest recreation facility is Oasis Senior Center, which is over 1,500 feet away from the Project Site. Community Church Congregational and Harbor View Elementary School are both about 2,000 feet away from the Project Site. c. The Restaurant began serving alcohol in 1980. Despite the Restaurant’s proximity to two sensitive land uses, alcohol sales have not proven to be detrimental. 22 Planning Commission Resolution No. PC2026-002 Page 5 of 22 d. There are no land uses in the immediate vicinity such as commercial recreational facilities, parks, day care centers, movie theaters, or retail centers with products or services that cater towards or attract minors. 4. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. a. The Project Site is located within Census Tract 627.02 which has 15 active on-sale ABC Licenses and a population of approximately 4,515 residents. This represents a per capita ratio of one license for every 301 residents. Orange County has a per capita ratio of one license for every 822 residents. Because the Census Tract exceeds the ratio of on-sale licenses to population for the County, the area is deemed to have an undue concentration of alcohol licenses. b. There are five businesses within 1000 feet of the Restaurant that sell alcohol as illustrated in Table 1 below: Table 1: Active ABC Licenses within 1000 feet of the Restaurant Business Name Address ABC License Type Newport Wine and Spirits 3537 Coast Highway East Type 41 (On-Sale Beer & Wine – Eating Place) Bandera Restaurant 3201 Coast Highway East Type 47 (On-Sale General – Eating Place) Mama D’s Kitchen 3732 Coast Highway East Type 47 (On-Sale General – Eating Place) Papa’s Liquor 3244 Coast Highway East Type 21 (Off-Sale General) Quiet Woman 3224 Coast Highway East Type 41 (On-Sale Beer & Wine – Eating Place) Five Crowns 3801 Coast Highway East Type 41 (On-Sale Beer & Wine – Eating Place) While there is an oversaturation of alcohol licenses in this reporting district, the Restaurant is not proposing a change in its ABC license type, and is removing operational characteristics such as live entertainment, dancing, and late hours. The NBPD has reviewed the CUP application and has no concerns. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There are currently no objectionable conditions caused by the sale of alcohol. While there were 11 calls for service in 2024 and six calls in 2023, none of the calls were the result of crimes due to the business practice of the Applicant or over service of alcohol. There is no evidence suggesting that this use has been detrimental to the neighborhood. b. 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 a healthy environment for residents and businesses is preserved. The service of alcohol is 23 Planning Commission Resolution No. PC2026-002 Page 6 of 22 intended for the convenience of customers dining at the Restaurant. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The Project Site is categorized as Corridor Commercial (CC) by the Land Use Element of the General Plan. The CC designation is intended to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. A restaurant is consistent with this designation, and the expanded outdoor dining area does not alter or change the primary use. 2. The Project is consistent with the following General Plan Policy Land Use Elements including, but not limited to, the following: a. Land Use Element Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. The Project is in support of General Plan Policy LU 2.1 (Resident-Serving Land Uses), which encourages the City to accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with the community’s natural resources and open spaces. The Project provides for the recreation, culture, and social needs of the City’s residents by creating an outdoor dining patio which wraps around the side of the Restaurant into a safe, comfortable, and welcoming open-air space buffered from Coast Highway. The patio is a unique outdoor dining environment for the area which will foster recreation and social opportunities in furtherance of General Plan Policy LU 2.1 (Resident-Serving Land Uses). b. Land Use Element Policy LU 2.4 (Economic Development). Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for 24 Planning Commission Resolution No. PC2026-002 Page 7 of 22 market demands, while maintaining and improving the quality of life for current and future residents. The Project is in support of General Plan Policy LU 2.4 (Economic Development) by serving visitors of Newport Beach, and ensuring the area remains vibrant and successful. c. Land Use Element Policy LU 5.3.5 (Pedestrian-Oriented Architecture and Streetscapes). Require that buildings located in pedestrian-oriented commercial and mixed-use districts (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide “eyes on the street” in accordance with the following principles: Location of buildings along the street frontage sidewalk, to visually form a continuous or semi-continuous wall with buildings on adjacent parcels. Inclusion of retail uses characterized by a high level of customer activity on the ground floor; to ensure successful retail-type operations, provide for transparency, elevation of the first floor at or transitioning to the sidewalk, floor to-floor height, depth, deliveries, and trash storage and collection. Articulation and modulation of street-facing elevations to promote interest and character. Inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible. Minimization of driveways that interrupt the continuity of street facing building elevations, prioritizing their location to side streets and alleys where feasible. The Project is in support of General Plan Land Use Policy LU 5.3.5 (Pedestrian- Oriented Architecture and Streetscapes), which encourages the creation of active, pedestrian-friendly frontages by incorporating features such as outdoor seating, engaging building edges, and eliminating gaps or inactive spaces along the street. In this case, the outdoor dining component directly advances General Plan Land Use Policy LU 5.3.5 by transforming what is currently an underutilized or empty frontage area into an active and inviting space that enhances the pedestrian experience. Allowing patrons to occupy and engage with the outdoor environment adds visual interest, promotes foot traffic, and contributes to a more cohesive and continuous streetscape. By filling in a gap in the street-facing elevation and animating the public realm, the project meaningfully supports the General Plan’s goal of creating vibrant and walkable commercial corridors. 3. The Project Site is not located within a specific plan area. Finding: 25 Planning Commission Resolution No. PC2026-002 Page 8 of 22 C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Project Site is located within the Commercial Corridor (CC) Zoning District. Like the Land Use categorization “Corridor Commercial”, the CC Zoning District is intended to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Eating and drinking establishments with alcohol service are permitted in this zone, subject to the approval of a Minor Use Permit. 2. The Restaurant will expand its outdoor dining area within private property. UP1908, as amended, allows the Restaurant to operate with a Type 47 (On-sale General – Eating Place) ABC license, provide live entertainment and dancing, and operate with late hours from 10 a.m. to 12:30 a.m. Sunday through Thursday, and 10 a.m. to 1:30 a.m. on Friday and Saturday. The operator license OL2012-002 was obtained by the previous establishment operator, Landmark Steakhouse. However, since no live entertainment, dancing, or late hours are proposed as part of the Project, a new operator license is not required or conditioned. 3. The Restaurant is a casual, sit-down restaurant with food and drink options. There are 154 seats in the interior dining areas, 13 additional bar seats, and 93 seats will be provided in the outdoor patio area. The entrance to the front of the Restaurant is from East Coast Highway. To enter the Restaurant, patrons cross through the existing outdoor patio on the first-floor entrance into an entry space and a bar area. The first floor is divided into two distinct spaces: one side of the Restaurant features a lounge area with a fireplace and 10 small tables for guests; and the other side has three additional dining rooms which stretch towards the rear of the building. The remaining space on the first floor is composed of bathrooms, a back of house service area, and a staircase leading to an office and storage areas on the second floor. The combined proposed interior and exterior public occupancy is 283 guests. 4. The outdoor patio is being expanded into a pedestrian walkway. It was previously used as a driveway for valet parking but has been closed off from vehicle access with a combination of bollards and potted plants. 5. The expanded outdoor dining patio was originally approved on June 10, 2020 by the Community Development Director through Emergency Temporary Use Permit No. UP2020-030. This permit was approved in response to the COVID-19 pandemic. The Community Development Director has since approved two one-year extensions of the temporary outdoor dining area, which has had no reported impacts to the surrounding land uses. The Project will make this expansion permanent. 6. The Project complies with Section 20.48.090(G)(3)(b) (Eating and Drinking Establishments) of the NBMC given that the proposed outdoor dining area has been 26 Planning Commission Resolution No. PC2026-002 Page 9 of 22 operating under a temporary approval related to the COVID-19 pandemic, and the approval was extended for several years. During that timeframe, there have been no documented noise complaints or reports of disturbance from nearby residents, indicating that the proposed permanent arrangement will not generate objectionable noise levels. Condition of Approval No. 19 ensures that any impacts related to noise are managed by the Applicant, and Condition of Approval No. 10 allows the CUP to be modified or revoked if the property is operated or maintained in a way which constitutes a public nuisance. 7. The Restaurant is designed with 4,277 square feet on the first floor, 1,070 square feet on the second floor, and 1,710 square feet of outdoor dining area. Pursuant to Table 3- 10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, restaurants require parking spaces at a rate of one space per 100 square feet of gross floor area, and one space per 150 square feet for outdoor dining areas. The resulting parking requirement is based on 5,347 square feet of gross indoor floor area, and 1,710 square feet of outdoor dining area, thus requiring 66 spaces (1,070 sq. ft./150 = 11.39 rounded up to 12, plus 5,347 sq. ft. /100 = 53.47, rounded up to 54, totaling 66). 8. The Project Site is served by three nearby off-site parking lots. 409 Orchid Avenue provides 27 parking spaces, 410 Narcissus Avenue provides 22 parking spaces, and 3536 East Coast Highway provides 13 spaces after 5 p.m. Since the offsite lots only provide 49 parking spaces before 5 p.m. and 62 spaces after, occupancy surveys of nearby available parking were prepared by the Applicant (“Parking Survey”). The surveys are attached hereto as Exhibit “B” and incorporated herein by reference. The Applicant included guest counts as part of the Parking Survey, which shows that the peak occupancy of the Restaurant occurs during the lunch hour. Based on the provided information, Staff has concluded that 49 parking spaces are adequate to serve the Restaurant’s needs inclusive of the expansion. The request for a 17-space parking waiver is evaluated and substantiated in Finding H below. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Restaurant is located within an existing two-story commercial building fronting East Coast Highway. Adjacent to the Restaurant are a one-story multi-tenant commercial building and a one-story single-tenant commercial building. The tenants of the multi- tenant commercial building are Del Mar Nails and Spa, Domino’s, and Rose Bakery Café. The tenant of the single-tenant commercial building is Vans Cleaners. The Restaurant is the only restaurant use with food and alcohol service within the 3500 block of East Coast Highway and has been operating without conflicting with the other uses in the area since it became the operator of the Project Site. The nearest restaurant use with alcohol service is Five Crowns which is 675 feet southeast of the Project Site. The 27 Planning Commission Resolution No. PC2026-002 Page 10 of 22 Restaurant is both easily visible from Coast Highway and accessible from the shared parking lots. 2. An existing 35-square-foot trash enclosure is provided onsite. In addition to the existing trash enclosure, which will remain, a new 75-square-foot trash enclosure is proposed across the alley within the 409 Narcissus Avenue parking lot. The proposed enclosure shall be on a concrete pad surrounded by three walls, a self-latching gate, and a decorative solid roof in compliance with Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the NBMC. Condition of Approval No. 22 requires the Applicant to control trash and litter around the Project Site. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages, in addition to an operator license, will help to ensure compatibility with the surrounding uses and minimize alcohol related impacts. Condition of Approval No. 31 protects the welfare of the surrounding community by preventing the Restaurant from operating as bar or tavern. The Restaurant is required to comply with the requirements of the ABC Department to ensure the safety and welfare of customers and employees of the Restaurant. 3. Although the Project Site is within 100 feet of residential properties, the outdoor patio is separated from the residential use by the rest of the building, an alley, and a parking lot. The Restaurant previously operated with dancing and live entertainment without conflict to the surrounding land uses. The Project is abandoning dancing and live entertainment as feature in the establishment, which further supports its compatibility. Condition of Approval No. 19 allows pre-recorded music to be played in the tenant space, provided that exterior noise levels do not exceed the decibel levels identified in Section 10.26 (Community Noise Control) of the NBMC. 4. Due to the dense character of Corona del Mar, the Restaurant’s primary customer base is expected to consist of local residents and existing visitors. Therefore, the Project is not anticipated to generate additional pedestrian or vehicular traffic beyond the levels already experienced within the commercial corridor. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Restaurant is located within an existing commercial building fronting East Coast Highway. It has functioned as a restaurant at this location since El Cholo became the operator in 2006, thus demonstrating the long-term suitability for the existing use. The proposed expansion of the outdoor patio will occur entirely within private property and will not increase the overall intensity of the land use. Instead, it will provide patrons with 28 Planning Commission Resolution No. PC2026-002 Page 11 of 22 additional seating options. All existing access, circulation patterns, public services, and emergency vehicle accommodations are adequate and will remain unchanged. 2. Vehicular access to the Project Site will continue to be provided from Narcissus Avenue and Orchid Avenue via the 13-foot-wide alley to the rear of the Project Site. Pedestrian access is available via the sidewalk along East Coast Highway. 3. The Building Division and the Fire Department have reviewed the Project and have no concerns, subject to the appropriate conditions of approval. Adequate public vehicle and emergency vehicle access, public services, and utilities are provided to the Project Site. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. A restaurant is a common occurring establishment within Corona del Mar’s commercial corridor. Due to this commonality, the Project is not anticipated to endanger, jeopardize, or otherwise constitute a hazard to the public. 2. Condition of Approval No. 32 protects the neighborhood from the spillover of alcohol consumption into adjacent properties as it states that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. Condition of Approval No. 26 ensures that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps during business hours to discourage and correct objectionable conditions that constitute a nuisance in sidewalks, areas surrounding the Project Site, and adjacent properties if the nuisance directly affects the patrons of the establishment. 4. The Restaurant will provide a service to the neighborhood by providing dining as a public convenience to the nearby residential uses as well as the visitors to the area, which is an intent of the Commercial General Zoning Designation. The service of alcohol and the patio expansion will complement the principal use of the Restaurant, and provide an economic opportunity for the property owner and business owner to maintain a successful business in a way that best serves the community. Off-Street Parking Reduction In accordance with Section 20.40.110 (B) (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a CUP in 29 Planning Commission Resolution No. PC2026-002 Page 12 of 22 compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits). The following findings, and facts in support of such findings, are set forth: Finding: H. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk-in trade, mixed-use development). Facts in Support of Finding: 1. Pursuant to Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, food service uses require one parking space for every 100 square feet of gross floor area, and one parking space for every 150 square feet of outdoor dining area. At 4,277 square feet of gross floor area on the first floor, 1,070 square feet of gross floor area on the second floor, and 1,710 square feet of outdoor dining area, the Project requires 66 parking spaces. Since the Project will only provide 49 parking spaces, a 17 space (or 25.75% parking waiver) is required. 2. The Applicant’s Parking Survey included data on customer visit volumes and timing, along with observational counts of available parking spaces for the three parking lots serving the Restaurant. The Parking Survey also documented all available on-street parking along Orchid Avenue and East Coast Highway. Parking counts were conducted on Saturday, November 8, 2025, and Wednesday, November 12, 2025. Observations were recorded every 30 minutes between 12 p.m. and 2 p.m., which represents the Restaurant’s busiest meal service and an average peak occupancy of 122 guests. The Parking Survey identified peak parking demand at the three parking lots between 12 p.m. and 12:30 p.m. on Wednesday. During this peak period, none of the parking lots were fully occupied. At 12 p.m., six parking spaces were available in the Narcissus Lot, and 11 parking spaces were available in the Orchid Lot. At 12:30 p.m., eight parking spaces were available in the Narcissus Lot, and four parking spaces were available in the Orchid Lot. The survey’s overall results show a total of 12 surplus parking spaces during the peak parking period. Since the Restaurant is already operating with the expanded outdoor dining area, approval of the Project is unlikely to generate additional parking demand beyond what was observed. The Parking Survey demonstrates that sufficient parking will be available to serve the Project even during peak demand periods. 3. Although Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one parking space per 100 square feet of gross indoor floor area and one space per 150 square feet of outdoor dining area, application of this standard overstates the actual parking demand currently generated by the Restaurant. The second floor includes approximately 1,070 square feet of storage and office space that is not accessible to patrons, is not used for customer-serving activities, and does not contribute to peak parking demand. As such, applying the full gross-floor-area parking ratio to this non- customer space results in a higher parking requirement than the use warrants. 30 Planning Commission Resolution No. PC2026-002 Page 13 of 22 Additionally, converting the second floor to a dining area would require an amendment to this CUP. 4. Further, while on-street parking cannot be counted toward satisfying the parking requirements under NBMC Section 20.40.100(B) for off-site parking, additional on-street parking spaces were observed on Narcissus Avenue, East Coast Highway, and Orchid Avenue. 5. The City of Newport Beach Circulation Element of the General Plan acknowledges that Corona del Mar was subdivided before the widespread use of automobiles. This led to smaller parking lot sizes and limited opportunities for parking on private property, which contribute to the area’s highly walkable and bikeable residential and commercial character. The Restaurant currently benefits from a high number of walk-in customers and rideshare users. The Parking Survey supports this General Plan assumption, by showing customer counts that significantly exceed the number of occupied off-site parking lot spaces serving the Restaurant. 6. The City Traffic Engineer has reviewed and accepted the observational counts as a valid indicator of the current and future parking demand and supply. Finding: I. A parking management plan shall be prepared in compliance with Section 20.40.110 (C) (Adjustments to Off-Street Parking Requirements) (Parking Management Plan). Fact in Support of Finding: A parking management plan was not originally considered necessary for the Project. Nonetheless, the Applicant has secured off-site parking in compliance with Section 20.40.100 (Off-Site Parking) of the NBMC. Additionally, the Applicant’s Parking Survey has demonstrated that the Restaurant has sufficient surplus parking during peak occupancy times to support the Project. Off-Site Parking In accordance with Section 20.40.100(B) (Off-Site Parking) of the NBMC, approval of a CUP shall be required for a parking facility or any portion of required parking that is not located on the same site it is intended to serve, subject to the following findings and facts in support of such findings are set forth: Finding: J. The parking facility is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 31 Planning Commission Resolution No. PC2026-002 Page 14 of 22 1. The off-site parking lot at 410 Narcissus Avenue abuts the Restaurant to the rear and is approximately 13 feet away, across the alley. 2. The off-site parking lot at 409 Orchid Avenue abuts the Restaurant to the rear and is approximately 13 feet away, across the alley. 3. The off-site parking lot at 3536 East Coast Highway is immediately east of the Project Site. Finding: K. On-street parking is not being counted towards meeting parking requirements. Fact in Support of Finding: The Applicant is only counting the off-street parking spaces within the three off-site parking lots to satisfy the parking requirements for the Restaurant. In the Parking Survey, the on-street public parking spaces on Orchid Avenue and Narcissus Avenue were shown to have spaces available during the Restaurant’s peak occupancy hours. However, these public on-street parking spaces are not being counted toward the parking requirements and cannot be used to demonstrate a surplus. Finding: L. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. All the off-site parking lots are accessed exclusively from an alley rather than a public street. Access to the alley from Narcissus Avenue and Orchid Avenue separates vehicle entries and exits away from East Coast Highway, minimizing the likelihood of congestion on the adjacent streets. 2. All of the off-site parking lots provide adequate internal circulation. Each off-site parking lot contains sufficient maneuvering and turnaround space, and allows vehicles to enter, park, and exit in a forward direction. As a result, no backing movements into public streets are required, eliminating a common source of traffic conflicts. 3. No changes to the surrounding roadway network are required, and the Project does not introduce any new driveways or curb cuts. The Project does not introduce new conflict points or interrupts pedestrian and bicycle routes. Finding: M. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. 32 Planning Commission Resolution No. PC2026-002 Page 15 of 22 Facts in Support of Finding: 1. The off-site parking lots at 410 Narcissus Avenue and 409 Orchid Avenue shall be marked, maintained, and made permanently available for the Restaurant. The off-site parking lot at 3536 East Coast Highway shall be marked, maintained, and made available to the Restaurant after 5 p.m. on a daily basis. 2. Currently, there is abundant signage already posted throughout the Project Site and off- site parking lots, including free-standing signs and markings painted directly onto individual parking stalls indicating the designated dates and times of permitted use. Conditions of Approval Nos. 5 and 6 require restriping and refacing of signage, as necessary, to update all stall markings and signs to ensure they accurately reflect the specific lots and time periods available to the Restaurant, thereby correcting any existing discrepancies and maintaining clear and permanent identification of authorized parking areas. 3. Condition of Approval No. 7 addresses this finding through: (1) requiring an updated parking agreement or covenant to be recorded against the properties providing off-site parking to the Restaurant, and guaranteeing the availability of off-site parking at 410 Narcissus Avenue, 409 Orchid Avenue, and 3536 East Coast Highway; (2) requiring immediate notification to the Director if the off-site parking becomes unavailable; and (3) providing contingency steps to be taken in the event that any of the off-site parking becomes unavailable. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves the Conditional Use Permit filed as PA2025-0042, 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 of adoption of this resolution, unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 4. This resolution supersedes Use Permit No. UP1908 (as amended) and Staff Approval No. SA2014-018 (PA2014-137), which upon vesting of the rights authorized by PA2025-0042, shall become null and void. 33 Planning Commission Resolution No. PC2026-002 Page 16 of 22 PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JANUARY, 2026. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Tristan Harris, Chair BY:_________________________ Jon, Langford Secretary 34 Planning Commission Resolution No. PC2026-002 Page 17 of 22 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Conditional Use Permit filed as PA2025-0042 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 3. The Restaurant shall close at 11 p.m., daily. All customers shall vacate the establishment no later than 30 minutes following this closing time. 4. Live entertainment and dancing are prohibited. 5. As necessary, Applicant shall restripe parking stalls of off-site parking lots so that markings accurately reflect which businesses the specific spaces serve and the time periods when they are available to the Restaurant. 6. As necessary, Applicant shall reface parking related signage to accurately reflect which parking lots serve the Restaurant and the time periods when they are available. 7. An updated parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director (“Director”), that guarantees the availability of the required off-site parking at the approved off-site locations shall be recorded with the County Recorder’s Office against all three properties (410 Narcissus Avenue, 409 Orchid Avenue, and 3536 East Coast Highway). The agreement or covenant shall also guarantee the availability of 29 off-street parking spaces for Restaurant patrons and staff at 409 Orchid Avenue, 22 off-street parking spaces for patrons and staff at 410 Narcissus Avenue, and 14 nighttime spaces (after 5 p.m.) for patrons and staff at 3536 East Coast Highway. 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 property owners. Upon notification that any 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 Conditional Use Permit filed as PA2025-0042, the Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by PA2025- 0042 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 Section 20.40.110 of the NBMC rendering the required off-site parking unnecessary. 35 Planning Commission Resolution No. PC2026-002 Page 18 of 22 8. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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 in connection with the use may be cause for revocation of this Conditional Use Permit. 10. The Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as not to constitute a public nuisance. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans shall require subsequent review by the Planning Division and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 12. Should the Project Site 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. 13. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. Prior to the issuance of a building permit, a copy of this approval shall be incorporated into the Building Division and field sets of plans. 15. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are easily discernible from other elements of the plans. 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. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the NBMC. 18. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the NBMC. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If new outdoor 36 Planning Commission Resolution No. PC2026-002 Page 19 of 22 lighting is proposed, the Applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 19. The operator of the facility shall be responsible for the control of noise generated by the Restaurant including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the NBMC. 20. No loudspeakers or paging system shall be permitted in conjunction with the facility. 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 to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or holidays. 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. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 24. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10 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. 25. Storage outside of the building in the front or at the rear of the Project Site shall be prohibited, with the exception of the trash container on pick-up days. 26. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. 27. 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 37 Planning Commission Resolution No. PC2026-002 Page 20 of 22 media broadcast, or any other activities as specified in the NBMC to require such permits. 28. 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 Cholo Outdoor Dining Patio Expansion, but not limited to, Conditional Use Permit No. PA2025-0042. 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. Police Department 29. The ABC 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. 30. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner’s, manager’s, and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 31. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 33. The Applicant shall obtain and maintain authorization from ABC for all areas where the sale, service or consumption of alcohol is under the control of the applicant. Alcohol service and alcohol consumption must occur in the ABC licensed areas only. 34. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38 Planning Commission Resolution No. PC2026-002 Page 21 of 22 35. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 36. There shall be no reduced-price alcoholic beverage promotions after 9 p.m. 37. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 38. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the NBPD on demand. 39. There shall be no exterior advertising or signs of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 40. Strict adherence to maximum occupancy limit is required. 41. “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). 42. The outdoor dining patio shall be separated with a solid decorative barrier (subject to American Disability Act compliance) in accordance with the requirements of ABC. 43. The Applicant shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, “No alcoholic Beverages Beyond This Point” at all premises exits. 44. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. Building Division 45. Plumbing fixtures shall comply with CPC Table 422.1 and shall be shown on permitted plans associated with the CUP. 46. Clear width for circulation path shall comply with 11B-403.5.1 and shall be shown on building permit plans associated with the CUP. 39 Planning Commission Resolution No. PC2026-002 Page 22 of 22 47. At a minimum, 5% of each type of outdoor seating shall be accessible. If 5% is less than one, a minimum of one seat shall be accessible for each type of seating. 48. Detectable warnings are not permitted at door landing and maneuvering clearance. 49. Accessible path of travel from parking and public right-of-way shall be shown on permitted plans associated with the CUP. Public Works 50. Outdoor dining shall not be located within the public right-of way. Fire Department 51. Egress paths of travel from patio to public right-of-way shall be shown on building permit plans associated with the CUP. 52. Any fabric shades or canopies over areas to be occupied by patrons shall meet the requirements of the flame spread index of ASTM E84 Class A material. 40 Attachment No. PC 2 Project Description 41 INTENTIONALLY BLANK P A G E 42 April 17, 2025 City of Newport Beach Community Development Department – Planning Division 100 Civic Center Drive Newport Beach, CA 92658 RE: Letter of Justification Conditional Use Permit for 3520 E. Coast Hwy To Whom it may concern, This letter of explanation is submitted on behalf of our client and applicant, El Cholo at 3520 E. Coast Hwy to increase the total outdoor dining area by 345.1 square feet. Following a review of the existing gross indoor and outdoor dining area for the existing use, in compliance with City Ordinance No. 2023-6, the amended Sec. 20.40.040, Table 3-10, our current required parking total including the proposed addition requires 50 spaces, while our existing parking agreements, (UP1908) only has 41 available spaces. We are requesting an 18% reduction per Sec 20.40.110 Adjustments to Off-Street Parking Requirements, which would bring our current parking accommodation total into compliance. We trust staff and the Commission will agree with our findings per Sec. 20.52.020 F that; 1. The intended use is consistent with General Plan for the CC Commercial Corridor zoning district to provide a wide variety of neighborhood-serving retail and service uses along street frontages and foster pedestrian activity. 2. The use is allowable within the CC Commercial Corridor under a Conditional Use Permit (Table 2-5 NBMC 20.20.020 – within 500 feet of a residential zone) and it complies with all other application 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. The proposed additional outdoor dining area is entirely with the private property boundary for the existing use and operation of the restaurant operation. The proposal is consistent with previously approved Limited Term Permit PA2021-189. Our proposal is to make permanent previously approved temporary dining area. 4. The site is physically suitable in terms of design, location, size, and operating characteristics, and provisions of public and vehicle access and public services and utilities. In the approved El Cholo Temporary Patio Extension of Time (PA 2022-0286), Code Enforcement division had reviewed the use and was supportive of its extension as the outdoor dining had been operating without any issues or complaints from the public. 43 5. Operation of the use at the expanded dining area 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. As previously stated in the approved El Cholo Temporary Patio Extension of Time (PA 2022-0286), Code Enforcement division had reviewed the use and was supportive of its extension as the outdoor dining had been operating without any issues or complaints from the public. We appreciate your review and consideration of the proposed project and trust you will find it meets with the City’s own goals for the district and would be a welcome addition to the fabric of the neighborhood. Sincerely, Agent for the Applicant – architect _______________________________________________________ Scott Laidlaw Laidlaw Schultz architects 44 November 14, 2025 Daniel Kopshever Assistant Planner City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, CA 92658 RE: Parking Survey Conditional Use Permit for 3520 E. Coast Hwy Daniel, As requested at our Meeting on October 22nd with you, Joselyn Perez from Planning, Socheata Chhouk and Kevin Riley from the traffic division of Public Works, we have conducted a survey of available lunchtime parking at El Cholo restaurant to support our application for an 11% waiver for required parking to allow for additional outdoor dining. It was agreed at our meeting that we would determine available parking on a Wednesday from 12pm to 2 pm and on a Saturday from 12pm to 2pm and that the survey would count both off-street parking and on-street parking. As agreed, the survey was conducted by Scott Laidlaw on 11/8/25 and Andrew Herrmann on 11/12/25 from Laidlaw Schultz Architects. The off-street parking was tabulated in the 410 Narcissus Lot and the 409 Orchid Lot. The available on street parking was counted on Pacific Coast Highway between Narcissus and Orchid, on Narcissus between PCH and Second street and on Orchid between PCH and Second Street. The parking on PCH was in the designated parking spaces and the parking on Narcissus and Orchid was counted when a space was a minimum 22’ long. The following is a tabulation from the surveys conducted on Saturday 11/8/25 and Wednesday 11/12/25: Saturday 11/8/25 Time 12:00 pm 12:30 pm 1:00 pm 1:30 pm 2:00 pm Narcissus Lot 12 12 11 11 13 Orchid Lot 18 15 17 17 17 Narcissus St 13 11 10 9 13 PCH 3 4 3 3 3 Orchid St 3 7 9 10 12 Total Available 49 49 50 50 58 Wednesday 11/12/25 Time 12:00 pm 12:30 pm 1:00 pm 1:30 pm 2:00 pm Narcissus Lot 6 8 6 5 5 Orchid Lot 11 4 7 10 14 Narcissus St 2 3 10 9 12 PCH 3 5 5 6 6 Orchid St 2 4 7 8 9 Total Available 24 24 35 38 46 45 Upon review of the data, on Saturday 11/8/25 there was an average of (14) off-street and (7.5) on-street parking spaces available between 12pm and 2pm. On Wednesday 11/12/25 there was an average of (7.5) off-street and (6) on-street parking spaces available between 12pm and 2pm. There are two public bike racks available in front of the restaurant on PCH which we never saw occupied. We believe that the above observations demonstrate a surplus of parking more than adequate to support the waiver request. We appreciate your review of these findings and consideration of the parking waiver request. Sincerely, Agent for the Applicant – architect _______________________________________________________ Scott Laidlaw Laidlaw Schultz architects 46 Attachment No. PC 3 Project Plans 47 INTENTIONALLY BLANK P A G E 48 (E)TrashEnclosure35 sf (E)Metal security gate to remainGate to be left open at all timesduring hours of operation E. C o a s t H w y (E)ADA Accessible entrance.Detectable warning strip to beremoved. (E) On Grade Planter (E)Alley (E)Alley Property Line (E) Neighboring Building outline (E) Site wall to remain (E) Parking (E) Handicap accessiblevan parking spot (E) Neighboring Building outline UP NOPA R K I N G (E) ADA compliant tableProvide 30x42" clear floor space+34" max table height, typ. (E) Exterior well lights to remain, typ. Approved ADA compliant ramp& Entry per CoNB PC#2027-2014to remain (E) Patio and seating to remain Property Line Property Line 103'-1" (E) Bollards to remainMeets CONB Std. 918 3520 E. Coast Hwy(E)Two-Story Commercial Building (E ) 5 ' - 0 " cl r . t y p . 8'-8" 4'- 1 " 6'- 1 0 " Four (N) ADA compliant tablesProvide 30x42" clear floor space+34" max table height, typ. (N) Proposed Outdoor DiningExpansion Area: 974.5 sf (E) On Grade Planter 4'- 0 " clr. 4'- 0 " clr . (E)Patioand entryto remain Accessible Path of Travel 81'-2"21'-11" 13 ' - 9 " (E)5 ' - 8 " (E)4'-0" 5'- 7 " 2'- 6 " 76'-0"11'-8" (N) Detectable warning strip (N) Bollards per CONB Std. 918 5'- 0 " clr . t y p . (N) Trash Enclosure, 75 sf(2) 3-yard dumpstersRemove (1) parallel stall 17'-5" Scale: 1/8" = 1'-0" DATE ISSUE/REVISION REVIEW DRAWING DESCRIPTION PROJECT All drawings and written material appearingherein constitute original and unpublishedwork of the architect and may not beduplicated, used or disclosed without thewritten consent of Laidlaw Schultz Architects. 3111 Second AvenueCorona del Mar, CA 92625-2322(949) 645-9982 Fax: (949) 645-9554www.LSarchitects.com SHEET NO. Project Address:3520 E. Coast Hwy, Newport Beach CA, 92625 Legal Description:APN: 459-212-22 Design Professional inResponsible Charge:Scott Laidlaw - Laidlaw Schultz Architects3111 Second Ave Corona Del Mar, CA 92625Phone: 949.645.9982 Fax: 949.645.9554E-mail: SLaidlaw@LSarchitects.com Tenant:The Restaurant Business dba El CholoContact: Ron Salisbury816 E. Whittier Blvd., La Habra, CA 90631Phone: 562.690.2011Email: ron@elcholo.com Project Description:Conditional Use Permit to allow an additional974.5 sf of outdoor dining. PROJECT SUMMARY: PROPOSED OUTDOOR DINING EXPANSION:TOTAL 974.5 sf GROSS AREA DINING TOTAL REQUIRED PARKING: (E) INDOOR DINING 2,650.7 SF(E) INDOOR SERVICE 1627.6 SFTOTAL INDOOR 4278.3 SF 1 PER 100 SF 42.8 43(E) OUTDOOR DINING 735.9 SF 4.9(N) OUTDOOR DINING 974.5 SF 6.5TOTAL OUTDOOR 1,709.4 SF 1 PER 150 SF 11.4 12 SPACESREQUIRED SPACES 55 SPACES PARKING SUMMARY: PARKING AGREEMENT: UP1908 DAY NIGHTPARKING AREA No. 1 29 29 (UP1908)(409 Orchid Ave.)PARKING AREA No. 2 - 14 (UP1908)(3536 E. Coast Hwy.)PARKING AREA No. 3 22 22 (Lease agreement 5/20/25)(410 Narcissus Ave.)TOTAL 51 65 PARKING (FIELD VERIFICATION)DAY NIGHTPARKING AREA No. 1 27 27 (1 removed for (N) Trash enclosure)(409 Orchid Ave)PARKING AREA No. 2 - 13(3536 E. Coast Hwy.)PARKING AREA No. 3 22 22(410 Narcissus Ave.)TOTAL 49* 62*O.K.(Total Accessible Spaces) (2) (3) MIN. # OF REQ'D ACCESSIBLE PARKING SPACES PER TABLE 11B-208.2Total spaces provided 51 - 75 3 req'd O.K. *NOTE: Total ACTUAL parking count has been reduced due to the addition ofAccessible parking spaces which require adjacent loading zones whichhas removed one (1) space per parking area. Minimum Plumbing Facilities (Fixtures per A-2 occ.): Per CPC Table 422.1 Wtr. Closet Urinal Lavatory Drinking Fountain-Male: 2 : 51-151 1 : 1-200 1 : 1-150 1 : 1-250-Female: 2 : 26-100 1 : 1-150 No Change, Existing fixture count meetsincreased occupant load:- Male: 2 Water Closet, 3 Urinal, 2 Lavatory- Female: 5 Water Closet, 5 Lavatory- Total: 7 WC, 3 Urinal, 7 Lavs Plumbing Occupancy Load: (per CPC Table A, Group A-2, B & S) -A-2 Area (EXIST. INDOOR + OUTDOOR): 2,968 sf-Load Factor : 30 sf / occ.-Load: 99 occ. (NO CHANGE) -A-2 Area (NEW PATIO): 975 sf-Load Factor: 30 sf / occ.-Load: 33 occ. -B Area (NO CHANGE): 1,889 sf-Load Factor : 200 sf / occ.-Load: 9 occ. (NO CHANGE) -S Area (NO CHANGE): 570-Load Factor: 5000-Load 0 (NO CHANGE) -Total Load: 141 (71 per sex) Accessible Women'sRoom Justification :Hardship Request Case Number - H-2014-11 Operations Narrative: The Restaurant will be open Lunch-11pm, 7 days a week, with 25 employees,under the ABC license type 47 #543969, and no live entertainment or dancing. A.100 Project Information / Site PlanA.200 Indoor + Outdoor Dining / Parking Calculation Exhibit 3520 E. Coast Hwy.Project Location 410 Narcissus Ave.Parking Area No. 3Lease 5/20/25 409 Orchid Ave.Parking Area No. 1UP 1908 3536 E. Coast HwyParking Area No. 2UP 1908 Existing Footprint Legend: Proposed Outdoor Dining Expansion A.200a Seating Calculation Plan A.201 Second Floor As-built Plan Proposed Outdoor Dining Expansion Daytime ( Open - 5 pm ) Nights + Weekends ( 5 pm - Close ) 3520 E. Coast Hwy.Project Location 410 Narcissus Ave.Parking Area No. 3Lease 5/20/25 409 Orchid Ave.Parking Area No. 1UP 1908 49 974.5 SF UP 100 (E)Entry 102 (E)Lounge 106 (E)Dining 4 107 Serving 108 Serving Hall 109 Women's 110 Men's 111 Kitchen 112 Ref. 113 Frzr. 115 Pantry 116 Trash 114 Serv. Entry 103 (E)Dining 1 104 Dining 2/Exit 105 (E)Dining 3 Hostess F.P. 101 (E)Bar GROSS INDOOR DINING AREA GROSS EXISTING OUTDOOR DINING AREA GROSS NEW OUTDOOR DINING AREA 2650.7 SF 734.9 SF GROSS AREA TOTAL (E) INDOOR DINING 2,650.7 SF(E) INDOOR SERVICE 1,627.6 SFTOTAL INDOOR 4,278.3 SF (E) OUTDOOR DINING 734.9 SF(N) OUTDOOR DINING 974.5 SFTOTAL OUTDOOR 1,709.4 SF REQUIRED PARKING 1 per 100 SF 42.8 43 1 per 150 SF 11.4 12REQUIRED SPACESTOTAL 55 PARKING AGREEMENT: UP1908 DAY NIGHT+ LeasePARKING AREA No. 1 29 29(409 Orchid Ave.)PARKING AREA No. 2 - 14(3536 E. Coast Hwy.)PARKING AREA No. 3 22 22(410 Narcissus Ave.)TOTAL 51 65 PARKING (FIELD VERIFICATION)DAY NIGHT PARKING AREA No. 1 27 27 (1 removed(409 Orchid Ave.) for Trash encl.)PARKING AREA No. 2 - 13(3536 E. Coast Hwy.)PARKING AREA No.3 22 22(410 Narcissus Ave.)TOTAL 49 62(Total Accessible Spaces) (2) (3) 1627.6 SF 001 (E)Patio 002 (E)Patio 003 (N)Outdoor Dining NOTE: All areas which have any of the hatches are areas inwhich alcohol is to be served, sold and/or consumed PATH OF TRAVEL DATE ISSUE/REVISION REVIEW DRAWING DESCRIPTION PROJECT All drawings and written material appearingherein constitute original and unpublishedwork of the architect and may not beduplicated, used or disclosed without thewritten consent of Laidlaw Schultz Architects. 3111 Second AvenueCorona del Mar, CA 92625-2322(949) 645-9982 Fax: (949) 645-9554www.LSarchitects.com SHEET NO. Scale: 1/4" = 1'-0"50 UP 100 (E)Entry 102 (E)Lounge 106 (E)Dining 4 107 Serving 108 Serving Hall 109 Women's 110 Men's 111 Kitchen 112 Ref. 113 Frzr. 115 Pantry 116 Trash 114 Serv. Entry 103 (E)Dining 1 104 (E)Dining 2/Exit 105 (E)Dining 3 101 (E)Bar (E) Total Seats: 48NO CHANGE (E) Total Seats: 15NO CHANGE (E) Total Seats: 54NO CHANGE (E) Total Seats: 7NO CHANGE (E) Total Seats: 32NO CHANGE (E) Total Seats: 34NO CHANGE SEATING CALCULATIONS (cont.)(E)(N) (E) Patio 28 -(N) Outdoor Dining -65(N) TOTAL EXTERIOR 28 65 (N) TOTAL PUBLIC OCCUPANCY W/O DANCINGINTERIOR + EXTERIOR 283 SEATING CALCULATIONS (E)(N) (E) Lounge 48 -(E) Bar 15 -(E) Dining 1 54 -(E) Dining 2/Exit 7 -(E) Dining 3 32 -(E) Dining 4 34 -(E) TOTAL INTERIOR 190 (No Change) 001 (E)Patio 002 (E)Patio 003 (N)Outdoor Dining (E) Total Seats: 28NO CHANGE (N) Total Seats: 65 (N) OUTDOOR SEATING CALCULATIONS NIGHTS +WEEKENDS Table Seating 975 sf15 sf per occupant 15 sf = 65 occ. (N) OUTDOOR REQUIRED ACCESSIBLE SEATS 5% min. per Seat Type 65(.05)= 3.25 req ACCESSIBLE SEATS PROPOSED 4 (N) OUTDOOR SEATING CALCULATIONS DAYTIME ( OPEN - 5PM ) Table Seating 195 sf15 sf per occupant 15 sf = 13 occ. (N) OUTDOOR REQUIRED ACCESSIBLE SEATS DAYTIME (OPEN - 5PM) 5% min. per Seat Type 13(.05)= 0.65 req ACCESSIBLE SEATS PROPOSED 1 DATE ISSUE/REVISION REVIEW DRAWING DESCRIPTION PROJECT All drawings and written material appearingherein constitute original and unpublishedwork of the architect and may not beduplicated, used or disclosed without thewritten consent of Laidlaw Schultz Architects. 3111 Second AvenueCorona del Mar, CA 92625-2322(949) 645-9982 Fax: (949) 645-9554www.LSarchitects.com SHEET NO. Scale: 1/4" = 1'-0"51 201 (E)Office 2 200 (E)Office 1 203 (E)Storage 109 (E)Storage 202 (E)Women's 204 (E)Men's -(E)Roof -(E)Roof DN DN NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE DATE ISSUE/REVISION REVIEW DRAWING DESCRIPTION PROJECT All drawings and written material appearingherein constitute original and unpublishedwork of the architect and may not beduplicated, used or disclosed without thewritten consent of Laidlaw Schultz Architects. 3111 Second AvenueCorona del Mar, CA 92625-2322(949) 645-9982 Fax: (949) 645-9554www.LSarchitects.com SHEET NO. Scale: 1/4" = 1'-0"52 Attachment No. PC 4 Parking Survey 53 INTENTIONALLY BLANK P A G E 54 RE: Exhibit A Parking Analysis Field Notes 55 INTENTIONALLY BLANK P A G E 56 57 58 59 60 61 62 63 64 65 66 LOCATIONIDLOCATIONNAME DOB DAY OF WEEK DAYPARTNAME Guests 10 El Cholo CDM 1/1/2025 Wednesday Lunch 15 10 El Cholo CDM 1/2/2025 Thursday Lunch 34 10 El Cholo CDM 1/3/2025 Friday Lunch 43 10 El Cholo CDM 1/4/2025 Saturday Lunch 38 10 El Cholo CDM 1/5/2025 Sunday Lunch 15 10 El Cholo CDM 1/6/2025 Monday Lunch 10 10 El Cholo CDM 1/7/2025 Tuesday Lunch 10 10 El Cholo CDM 1/8/2025 Wednesday Lunch 14 10 El Cholo CDM 1/9/2025 Thursday Lunch 22 10 El Cholo CDM 1/10/2025 Friday Lunch 54 10 El Cholo CDM 1/11/2025 Saturday Lunch 69 10 El Cholo CDM 1/12/2025 Sunday Lunch 22 10 El Cholo CDM 1/13/2025 Monday Lunch 12 10 El Cholo CDM 1/14/2025 Tuesday Lunch 17 10 El Cholo CDM 1/15/2025 Wednesday Lunch 24 10 El Cholo CDM 1/16/2025 Thursday Lunch 38 10 El Cholo CDM 1/17/2025 Friday Lunch 36 10 El Cholo CDM 1/18/2025 Saturday Lunch 40 10 El Cholo CDM 1/19/2025 Sunday Lunch 23 10 El Cholo CDM 1/20/2025 Monday Lunch 11 10 El Cholo CDM 1/21/2025 Tuesday Lunch 18 10 El Cholo CDM 1/22/2025 Wednesday Lunch 18 10 El Cholo CDM 1/23/2025 Thursday Lunch 33 10 El Cholo CDM 1/24/2025 Friday Lunch 31 10 El Cholo CDM 1/25/2025 Saturday Lunch 13 10 El Cholo CDM 1/26/2025 Sunday Lunch 12 10 El Cholo CDM 1/27/2025 Monday Lunch 13 10 El Cholo CDM 1/28/2025 Tuesday Lunch 11 10 El Cholo CDM 1/29/2025 Wednesday Lunch 18 10 El Cholo CDM 1/30/2025 Thursday Lunch 17 10 El Cholo CDM 1/31/2025 Friday Lunch 32 10 El Cholo CDM 2/1/2025 Saturday Lunch 41 10 El Cholo CDM 2/2/2025 Sunday Lunch 17 10 El Cholo CDM 2/3/2025 Monday Lunch 26 10 El Cholo CDM 2/4/2025 Tuesday Lunch 9 10 El Cholo CDM 2/5/2025 Wednesday Lunch 18 10 El Cholo CDM 2/6/2025 Thursday Lunch 8 10 El Cholo CDM 2/7/2025 Friday Lunch 63 10 El Cholo CDM 2/8/2025 Saturday Lunch 9 10 El Cholo CDM 2/9/2025 Sunday Lunch 13 10 El Cholo CDM 2/10/2025 Monday Lunch 13 between the 2 hours of lunch service - (2-4pm) = avg of 31 guests - peak range avg = 85 guests ** Lunch Regular Business Peak Occupancy total guest counts between hours of 2:00pm-4pm 67 10 El Cholo CDM 2/11/2025 Tuesday Lunch 16 10 El Cholo CDM 2/12/2025 Wednesday Lunch 35 10 El Cholo CDM 2/13/2025 Thursday Lunch 34 10 El Cholo CDM 2/14/2025 Friday Lunch 59 10 El Cholo CDM 2/15/2025 Saturday Lunch 76 10 El Cholo CDM 2/16/2025 Sunday Lunch 29 10 El Cholo CDM 2/17/2025 Monday Lunch 24 10 El Cholo CDM 2/18/2025 Tuesday Lunch 21 10 El Cholo CDM 2/19/2025 Wednesday Lunch 16 10 El Cholo CDM 2/20/2025 Thursday Lunch 13 10 El Cholo CDM 2/21/2025 Friday Lunch 51 10 El Cholo CDM 2/22/2025 Saturday Lunch 55 10 El Cholo CDM 2/23/2025 Sunday Lunch 14 10 El Cholo CDM 2/24/2025 Monday Lunch 25 10 El Cholo CDM 2/25/2025 Tuesday Lunch 13 10 El Cholo CDM 2/26/2025 Wednesday Lunch 33 10 El Cholo CDM 2/27/2025 Thursday Lunch 11 10 El Cholo CDM 2/28/2025 Friday Lunch 56 10 El Cholo CDM 3/1/2025 Saturday Lunch 62 10 El Cholo CDM 3/2/2025 Sunday Lunch 29 10 El Cholo CDM 3/3/2025 Monday Lunch 30 10 El Cholo CDM 3/4/2025 Tuesday Lunch 12 10 El Cholo CDM 3/5/2025 Wednesday Lunch 10 10 El Cholo CDM 3/6/2025 Thursday Lunch 18 10 El Cholo CDM 3/7/2025 Friday Lunch 58 10 El Cholo CDM 3/8/2025 Saturday Lunch 62 10 El Cholo CDM 3/9/2025 Sunday Lunch 12 10 El Cholo CDM 3/10/2025 Monday Lunch 4 10 El Cholo CDM 3/11/2025 Tuesday Lunch 7 10 El Cholo CDM 3/12/2025 Wednesday Lunch 36 10 El Cholo CDM 3/13/2025 Thursday Lunch 14 10 El Cholo CDM 3/14/2025 Friday Lunch 22 10 El Cholo CDM 3/15/2025 Saturday Lunch 25 10 El Cholo CDM 3/16/2025 Sunday Lunch 13 10 El Cholo CDM 3/17/2025 Monday Lunch 29 10 El Cholo CDM 3/18/2025 Tuesday Lunch 15 10 El Cholo CDM 3/19/2025 Wednesday Lunch 15 10 El Cholo CDM 3/20/2025 Thursday Lunch 27 10 El Cholo CDM 3/21/2025 Friday Lunch 56 10 El Cholo CDM 3/22/2025 Saturday Lunch 63 10 El Cholo CDM 3/23/2025 Sunday Lunch 14 10 El Cholo CDM 3/24/2025 Monday Lunch 16 10 El Cholo CDM 3/25/2025 Tuesday Lunch 34 10 El Cholo CDM 3/26/2025 Wednesday Lunch 16 68 10 El Cholo CDM 3/27/2025 Thursday Lunch 31 10 El Cholo CDM 3/28/2025 Friday Lunch 64 10 El Cholo CDM 3/29/2025 Saturday Lunch 34 10 El Cholo CDM 3/30/2025 Sunday Lunch 25 10 El Cholo CDM 3/31/2025 Monday Lunch 15 10 El Cholo CDM 4/1/2025 Tuesday Lunch 22 10 El Cholo CDM 4/2/2025 Wednesday Lunch 19 10 El Cholo CDM 4/3/2025 Thursday Lunch 33 10 El Cholo CDM 4/4/2025 Friday Lunch 38 10 El Cholo CDM 4/5/2025 Saturday Lunch 49 10 El Cholo CDM 4/6/2025 Sunday Lunch 19 10 El Cholo CDM 4/7/2025 Monday Lunch 17 10 El Cholo CDM 4/8/2025 Tuesday Lunch 22 10 El Cholo CDM 4/9/2025 Wednesday Lunch 13 10 El Cholo CDM 4/10/2025 Thursday Lunch 26 10 El Cholo CDM 4/11/2025 Friday Lunch 46 10 El Cholo CDM 4/12/2025 Saturday Lunch 26 10 El Cholo CDM 4/13/2025 Sunday Lunch 19 10 El Cholo CDM 4/14/2025 Monday Lunch 12 10 El Cholo CDM 4/15/2025 Tuesday Lunch 16 10 El Cholo CDM 4/16/2025 Wednesday Lunch 19 10 El Cholo CDM 4/17/2025 Thursday Lunch 10 10 El Cholo CDM 4/18/2025 Friday Lunch 55 10 El Cholo CDM 4/19/2025 Saturday Lunch 50 10 El Cholo CDM 4/20/2025 Sunday Lunch 10 10 El Cholo CDM 4/21/2025 Monday Lunch 24 10 El Cholo CDM 4/22/2025 Tuesday Lunch 15 10 El Cholo CDM 4/23/2025 Wednesday Lunch 11 10 El Cholo CDM 4/24/2025 Thursday Lunch 54 10 El Cholo CDM 4/25/2025 Friday Lunch 22 10 El Cholo CDM 4/26/2025 Saturday Lunch 48 10 El Cholo CDM 4/27/2025 Sunday Lunch 22 10 El Cholo CDM 4/28/2025 Monday Lunch 9 10 El Cholo CDM 4/29/2025 Tuesday Lunch 26 10 El Cholo CDM 4/30/2025 Wednesday Lunch 15 10 El Cholo CDM 5/1/2025 Thursday Lunch 30 10 El Cholo CDM 5/2/2025 Friday Lunch 83 10 El Cholo CDM 5/3/2025 Saturday Lunch 38 10 El Cholo CDM 5/4/2025 Sunday Lunch 45 10 El Cholo CDM 5/5/2025 Monday Lunch 16 10 El Cholo CDM 5/6/2025 Tuesday Lunch 10 10 El Cholo CDM 5/7/2025 Wednesday Lunch 13 10 El Cholo CDM 5/8/2025 Thursday Lunch 22 10 El Cholo CDM 5/9/2025 Friday Lunch 64 69 10 El Cholo CDM 5/10/2025 Saturday Lunch 106 10 El Cholo CDM 5/11/2025 Sunday Lunch 19 10 El Cholo CDM 5/12/2025 Monday Lunch 12 10 El Cholo CDM 5/13/2025 Tuesday Lunch 29 10 El Cholo CDM 5/14/2025 Wednesday Lunch 26 10 El Cholo CDM 5/15/2025 Thursday Lunch 27 10 El Cholo CDM 5/16/2025 Friday Lunch 26 10 El Cholo CDM 5/17/2025 Saturday Lunch 46 10 El Cholo CDM 5/18/2025 Sunday Lunch 24 10 El Cholo CDM 5/19/2025 Monday Lunch 12 10 El Cholo CDM 5/20/2025 Tuesday Lunch 33 10 El Cholo CDM 5/21/2025 Wednesday Lunch 22 10 El Cholo CDM 5/22/2025 Thursday Lunch 51 10 El Cholo CDM 5/23/2025 Friday Lunch 60 10 El Cholo CDM 5/24/2025 Saturday Lunch 69 10 El Cholo CDM 5/25/2025 Sunday Lunch 70 10 El Cholo CDM 5/26/2025 Monday Lunch 12 10 El Cholo CDM 5/27/2025 Tuesday Lunch 10 10 El Cholo CDM 5/28/2025 Wednesday Lunch 24 10 El Cholo CDM 5/29/2025 Thursday Lunch 29 10 El Cholo CDM 5/30/2025 Friday Lunch 66 10 El Cholo CDM 5/31/2025 Saturday Lunch 39 10 El Cholo CDM 6/1/2025 Sunday Lunch 13 10 El Cholo CDM 6/2/2025 Monday Lunch 26 10 El Cholo CDM 6/3/2025 Tuesday Lunch 15 10 El Cholo CDM 6/4/2025 Wednesday Lunch 16 10 El Cholo CDM 6/5/2025 Thursday Lunch 78 10 El Cholo CDM 6/6/2025 Friday Lunch 52 10 El Cholo CDM 6/7/2025 Saturday Lunch 40 10 El Cholo CDM 6/8/2025 Sunday Lunch 23 10 El Cholo CDM 6/9/2025 Monday Lunch 4 10 El Cholo CDM 6/10/2025 Tuesday Lunch 22 10 El Cholo CDM 6/11/2025 Wednesday Lunch 17 10 El Cholo CDM 6/12/2025 Thursday Lunch 50 10 El Cholo CDM 6/13/2025 Friday Lunch 95 10 El Cholo CDM 6/14/2025 Saturday Lunch 111 10 El Cholo CDM 6/15/2025 Sunday Lunch 5 10 El Cholo CDM 6/16/2025 Monday Lunch 22 10 El Cholo CDM 6/17/2025 Tuesday Lunch 6 10 El Cholo CDM 6/18/2025 Wednesday Lunch 36 10 El Cholo CDM 6/19/2025 Thursday Lunch 27 10 El Cholo CDM 6/20/2025 Friday Lunch 43 10 El Cholo CDM 6/21/2025 Saturday Lunch 49 10 El Cholo CDM 6/22/2025 Sunday Lunch 25 70 10 El Cholo CDM 6/23/2025 Monday Lunch 16 10 El Cholo CDM 6/24/2025 Tuesday Lunch 13 10 El Cholo CDM 6/25/2025 Wednesday Lunch 16 10 El Cholo CDM 6/26/2025 Thursday Lunch 24 10 El Cholo CDM 6/27/2025 Friday Lunch 42 10 El Cholo CDM 6/28/2025 Saturday Lunch 58 10 El Cholo CDM 6/29/2025 Sunday Lunch 22 10 El Cholo CDM 6/30/2025 Monday Lunch 17 10 El Cholo CDM 7/1/2025 Tuesday Lunch 20 10 El Cholo CDM 7/2/2025 Wednesday Lunch 19 10 El Cholo CDM 7/3/2025 Thursday Lunch 81 10 El Cholo CDM 7/5/2025 Saturday Lunch 66 10 El Cholo CDM 7/6/2025 Sunday Lunch 22 10 El Cholo CDM 7/7/2025 Monday Lunch 24 10 El Cholo CDM 7/8/2025 Tuesday Lunch 30 10 El Cholo CDM 7/9/2025 Wednesday Lunch 27 10 El Cholo CDM 7/10/2025 Thursday Lunch 21 10 El Cholo CDM 7/11/2025 Friday Lunch 52 10 El Cholo CDM 7/12/2025 Saturday Lunch 43 10 El Cholo CDM 7/13/2025 Sunday Lunch 27 10 El Cholo CDM 7/14/2025 Monday Lunch 12 10 El Cholo CDM 7/15/2025 Tuesday Lunch 14 10 El Cholo CDM 7/16/2025 Wednesday Lunch 17 10 El Cholo CDM 7/17/2025 Thursday Lunch 23 10 El Cholo CDM 7/18/2025 Friday Lunch 63 10 El Cholo CDM 7/19/2025 Saturday Lunch 31 10 El Cholo CDM 7/20/2025 Sunday Lunch 18 10 El Cholo CDM 7/21/2025 Monday Lunch 29 10 El Cholo CDM 7/22/2025 Tuesday Lunch 18 10 El Cholo CDM 7/23/2025 Wednesday Lunch 32 10 El Cholo CDM 7/24/2025 Thursday Lunch 28 10 El Cholo CDM 7/25/2025 Friday Lunch 46 10 El Cholo CDM 7/26/2025 Saturday Lunch 34 10 El Cholo CDM 7/27/2025 Sunday Lunch 26 10 El Cholo CDM 7/28/2025 Monday Lunch 30 10 El Cholo CDM 7/29/2025 Tuesday Lunch 22 10 El Cholo CDM 7/30/2025 Wednesday Lunch 21 10 El Cholo CDM 7/31/2025 Thursday Lunch 11 10 El Cholo CDM 8/1/2025 Friday Lunch 68 10 El Cholo CDM 8/2/2025 Saturday Lunch 55 10 El Cholo CDM 8/3/2025 Sunday Lunch 16 10 El Cholo CDM 8/4/2025 Monday Lunch 15 10 El Cholo CDM 8/5/2025 Tuesday Lunch 32 10 El Cholo CDM 8/6/2025 Wednesday Lunch 25 71 10 El Cholo CDM 8/7/2025 Thursday Lunch 38 10 El Cholo CDM 8/8/2025 Friday Lunch 28 10 El Cholo CDM 8/9/2025 Saturday Lunch 72 10 El Cholo CDM 8/10/2025 Sunday Lunch 18 10 El Cholo CDM 8/11/2025 Monday Lunch 11 10 El Cholo CDM 8/12/2025 Tuesday Lunch 10 10 El Cholo CDM 8/13/2025 Wednesday Lunch 20 10 El Cholo CDM 8/14/2025 Thursday Lunch 26 10 El Cholo CDM 8/15/2025 Friday Lunch 45 10 El Cholo CDM 8/16/2025 Saturday Lunch 52 10 El Cholo CDM 8/17/2025 Sunday Lunch 30 10 El Cholo CDM 8/18/2025 Monday Lunch 12 10 El Cholo CDM 8/19/2025 Tuesday Lunch 26 10 El Cholo CDM 8/20/2025 Wednesday Lunch 19 10 El Cholo CDM 8/21/2025 Thursday Lunch 24 10 El Cholo CDM 8/22/2025 Friday Lunch 94 10 El Cholo CDM 8/23/2025 Saturday Lunch 45 10 El Cholo CDM 8/24/2025 Sunday Lunch 13 10 El Cholo CDM 8/25/2025 Monday Lunch 11 10 El Cholo CDM 8/26/2025 Tuesday Lunch 71 10 El Cholo CDM 8/27/2025 Wednesday Lunch 37 10 El Cholo CDM 8/28/2025 Thursday Lunch 30 10 El Cholo CDM 8/29/2025 Friday Lunch 44 72 ** LunchRegular Bus countsb 73 LOCATIONIDLOCATIONNAME DOB DAY OF WEEK DAYPARTNAME GUESTS 10 El Cholo CDM 1/1/2025 Wednesday Lunch 0 10 El Cholo CDM 1/2/2025 Thursday Lunch 48 10 El Cholo CDM 1/3/2025 Friday Lunch 44 10 El Cholo CDM 1/4/2025 Saturday Lunch 60 10 El Cholo CDM 1/5/2025 Sunday Lunch 88 10 El Cholo CDM 1/6/2025 Monday Lunch 38 10 El Cholo CDM 1/7/2025 Tuesday Lunch 22 10 El Cholo CDM 1/8/2025 Wednesday Lunch 52 10 El Cholo CDM 1/9/2025 Thursday Lunch 43 10 El Cholo CDM 1/10/2025 Friday Lunch 64 10 El Cholo CDM 1/11/2025 Saturday Lunch 127 10 El Cholo CDM 1/12/2025 Sunday Lunch 68 10 El Cholo CDM 1/13/2025 Monday Lunch 36 10 El Cholo CDM 1/14/2025 Tuesday Lunch 34 10 El Cholo CDM 1/15/2025 Wednesday Lunch 37 10 El Cholo CDM 1/16/2025 Thursday Lunch 35 10 El Cholo CDM 1/17/2025 Friday Lunch 54 10 El Cholo CDM 1/18/2025 Saturday Lunch 48 10 El Cholo CDM 1/19/2025 Sunday Lunch 61 10 El Cholo CDM 1/20/2025 Monday Lunch 30 10 El Cholo CDM 1/21/2025 Tuesday Lunch 31 10 El Cholo CDM 1/22/2025 Wednesday Lunch 45 10 El Cholo CDM 1/23/2025 Thursday Lunch 41 10 El Cholo CDM 1/24/2025 Friday Lunch 72 10 El Cholo CDM 1/25/2025 Saturday Lunch 51 10 El Cholo CDM 1/26/2025 Sunday Lunch 47 10 El Cholo CDM 1/27/2025 Monday Lunch 17 10 El Cholo CDM 1/28/2025 Tuesday Lunch 49 10 El Cholo CDM 1/29/2025 Wednesday Lunch 40 10 El Cholo CDM 1/30/2025 Thursday Lunch 39 10 El Cholo CDM 1/31/2025 Friday Lunch 27 10 El Cholo CDM 2/1/2025 Saturday Lunch 83 10 El Cholo CDM 2/2/2025 Sunday Lunch 68 10 El Cholo CDM 2/3/2025 Monday Lunch 37 10 El Cholo CDM 2/4/2025 Tuesday Lunch 37 10 El Cholo CDM 2/5/2025 Wednesday Lunch 25 10 El Cholo CDM 2/6/2025 Thursday Lunch 26 10 El Cholo CDM 2/7/2025 Friday Lunch 22 10 El Cholo CDM 2/8/2025 Saturday Lunch 86 10 El Cholo CDM 2/9/2025 Sunday Lunch 54 10 El Cholo CDM 2/10/2025 Monday Lunch 37 between the 2.5 hours of lunch service - (11:30-2pm) = total avg of 52 guests - peak range avg=122 guests ** Lunch Regular Business Peak Occupancy total guest counts between hours of 11:30-2PM 74 10 El Cholo CDM 2/11/2025 Tuesday Lunch 13 10 El Cholo CDM 2/12/2025 Wednesday Lunch 48 10 El Cholo CDM 2/13/2025 Thursday Lunch 29 10 El Cholo CDM 2/14/2025 Friday Lunch 39 10 El Cholo CDM 2/15/2025 Saturday Lunch 73 10 El Cholo CDM 2/16/2025 Sunday Lunch 92 10 El Cholo CDM 2/17/2025 Monday Lunch 73 10 El Cholo CDM 2/18/2025 Tuesday Lunch 25 10 El Cholo CDM 2/19/2025 Wednesday Lunch 34 10 El Cholo CDM 2/20/2025 Thursday Lunch 36 10 El Cholo CDM 2/21/2025 Friday Lunch 50 10 El Cholo CDM 2/22/2025 Saturday Lunch 81 10 El Cholo CDM 2/23/2025 Sunday Lunch 84 10 El Cholo CDM 2/24/2025 Monday Lunch 30 10 El Cholo CDM 2/25/2025 Tuesday Lunch 20 10 El Cholo CDM 2/26/2025 Wednesday Lunch 34 10 El Cholo CDM 2/27/2025 Thursday Lunch 28 10 El Cholo CDM 2/28/2025 Friday Lunch 28 10 El Cholo CDM 3/1/2025 Saturday Lunch 56 10 El Cholo CDM 3/2/2025 Sunday Lunch 56 10 El Cholo CDM 3/3/2025 Monday Lunch 33 10 El Cholo CDM 3/4/2025 Tuesday Lunch 18 10 El Cholo CDM 3/5/2025 Wednesday Lunch 40 10 El Cholo CDM 3/6/2025 Thursday Lunch 29 10 El Cholo CDM 3/7/2025 Friday Lunch 33 10 El Cholo CDM 3/8/2025 Saturday Lunch 138 10 El Cholo CDM 3/9/2025 Sunday Lunch 64 10 El Cholo CDM 3/10/2025 Monday Lunch 34 10 El Cholo CDM 3/11/2025 Tuesday Lunch 26 10 El Cholo CDM 3/12/2025 Wednesday Lunch 34 10 El Cholo CDM 3/13/2025 Thursday Lunch 23 10 El Cholo CDM 3/14/2025 Friday Lunch 41 10 El Cholo CDM 3/15/2025 Saturday Lunch 53 10 El Cholo CDM 3/16/2025 Sunday Lunch 131 10 El Cholo CDM 3/17/2025 Monday Lunch 51 10 El Cholo CDM 3/18/2025 Tuesday Lunch 33 10 El Cholo CDM 3/19/2025 Wednesday Lunch 40 10 El Cholo CDM 3/20/2025 Thursday Lunch 46 10 El Cholo CDM 3/21/2025 Friday Lunch 43 10 El Cholo CDM 3/22/2025 Saturday Lunch 90 10 El Cholo CDM 3/23/2025 Sunday Lunch 116 10 El Cholo CDM 3/24/2025 Monday Lunch 22 10 El Cholo CDM 3/25/2025 Tuesday Lunch 37 10 El Cholo CDM 3/26/2025 Wednesday Lunch 106 75 10 El Cholo CDM 3/27/2025 Thursday Lunch 26 10 El Cholo CDM 3/28/2025 Friday Lunch 41 10 El Cholo CDM 3/29/2025 Saturday Lunch 72 10 El Cholo CDM 3/30/2025 Sunday Lunch 95 10 El Cholo CDM 3/31/2025 Monday Lunch 22 10 El Cholo CDM 4/1/2025 Tuesday Lunch 28 10 El Cholo CDM 4/2/2025 Wednesday Lunch 51 10 El Cholo CDM 4/3/2025 Thursday Lunch 16 10 El Cholo CDM 4/4/2025 Friday Lunch 47 10 El Cholo CDM 4/5/2025 Saturday Lunch 95 10 El Cholo CDM 4/6/2025 Sunday Lunch 67 10 El Cholo CDM 4/7/2025 Monday Lunch 17 10 El Cholo CDM 4/8/2025 Tuesday Lunch 26 10 El Cholo CDM 4/9/2025 Wednesday Lunch 35 10 El Cholo CDM 4/10/2025 Thursday Lunch 22 10 El Cholo CDM 4/11/2025 Friday Lunch 53 10 El Cholo CDM 4/12/2025 Saturday Lunch 60 10 El Cholo CDM 4/13/2025 Sunday Lunch 52 10 El Cholo CDM 4/14/2025 Monday Lunch 28 10 El Cholo CDM 4/15/2025 Tuesday Lunch 47 10 El Cholo CDM 4/16/2025 Wednesday Lunch 100 10 El Cholo CDM 4/17/2025 Thursday Lunch 37 10 El Cholo CDM 4/18/2025 Friday Lunch 54 10 El Cholo CDM 4/19/2025 Saturday Lunch 103 10 El Cholo CDM 4/20/2025 Sunday Lunch 72 10 El Cholo CDM 4/21/2025 Monday Lunch 35 10 El Cholo CDM 4/22/2025 Tuesday Lunch 31 10 El Cholo CDM 4/23/2025 Wednesday Lunch 48 10 El Cholo CDM 4/24/2025 Thursday Lunch 33 10 El Cholo CDM 4/25/2025 Friday Lunch 49 10 El Cholo CDM 4/26/2025 Saturday Lunch 49 10 El Cholo CDM 4/27/2025 Sunday Lunch 68 10 El Cholo CDM 4/28/2025 Monday Lunch 29 10 El Cholo CDM 4/29/2025 Tuesday Lunch 43 10 El Cholo CDM 4/30/2025 Wednesday Lunch 45 10 El Cholo CDM 5/1/2025 Thursday Lunch 40 10 El Cholo CDM 5/2/2025 Friday Lunch 48 10 El Cholo CDM 5/3/2025 Saturday Lunch 75 10 El Cholo CDM 5/4/2025 Sunday Lunch 86 10 El Cholo CDM 5/5/2025 Monday Lunch 56 10 El Cholo CDM 5/6/2025 Tuesday Lunch 35 10 El Cholo CDM 5/7/2025 Wednesday Lunch 32 10 El Cholo CDM 5/8/2025 Thursday Lunch 60 10 El Cholo CDM 5/9/2025 Friday Lunch 37 76 10 El Cholo CDM 5/10/2025 Saturday Lunch 116 10 El Cholo CDM 5/11/2025 Sunday Lunch 155 10 El Cholo CDM 5/12/2025 Monday Lunch 36 10 El Cholo CDM 5/13/2025 Tuesday Lunch 59 10 El Cholo CDM 5/14/2025 Wednesday Lunch 19 10 El Cholo CDM 5/15/2025 Thursday Lunch 57 10 El Cholo CDM 5/16/2025 Friday Lunch 46 10 El Cholo CDM 5/17/2025 Saturday Lunch 50 10 El Cholo CDM 5/18/2025 Sunday Lunch 64 10 El Cholo CDM 5/19/2025 Monday Lunch 33 10 El Cholo CDM 5/20/2025 Tuesday Lunch 37 10 El Cholo CDM 5/21/2025 Wednesday Lunch 35 10 El Cholo CDM 5/22/2025 Thursday Lunch 65 10 El Cholo CDM 5/23/2025 Friday Lunch 46 10 El Cholo CDM 5/24/2025 Saturday Lunch 89 10 El Cholo CDM 5/25/2025 Sunday Lunch 70 10 El Cholo CDM 5/26/2025 Monday Lunch 55 10 El Cholo CDM 5/27/2025 Tuesday Lunch 20 10 El Cholo CDM 5/28/2025 Wednesday Lunch 38 10 El Cholo CDM 5/29/2025 Thursday Lunch 50 10 El Cholo CDM 5/30/2025 Friday Lunch 37 10 El Cholo CDM 5/31/2025 Saturday Lunch 58 10 El Cholo CDM 6/1/2025 Sunday Lunch 93 10 El Cholo CDM 6/2/2025 Monday Lunch 23 10 El Cholo CDM 6/3/2025 Tuesday Lunch 19 10 El Cholo CDM 6/4/2025 Wednesday Lunch 36 10 El Cholo CDM 6/5/2025 Thursday Lunch 125 10 El Cholo CDM 6/6/2025 Friday Lunch 56 10 El Cholo CDM 6/7/2025 Saturday Lunch 70 10 El Cholo CDM 6/8/2025 Sunday Lunch 56 10 El Cholo CDM 6/9/2025 Monday Lunch 43 10 El Cholo CDM 6/10/2025 Tuesday Lunch 57 10 El Cholo CDM 6/11/2025 Wednesday Lunch 51 10 El Cholo CDM 6/12/2025 Thursday Lunch 46 10 El Cholo CDM 6/13/2025 Friday Lunch 35 10 El Cholo CDM 6/14/2025 Saturday Lunch 125 10 El Cholo CDM 6/15/2025 Sunday Lunch 140 10 El Cholo CDM 6/16/2025 Monday Lunch 33 10 El Cholo CDM 6/17/2025 Tuesday Lunch 50 10 El Cholo CDM 6/18/2025 Wednesday Lunch 32 10 El Cholo CDM 6/19/2025 Thursday Lunch 43 10 El Cholo CDM 6/20/2025 Friday Lunch 51 10 El Cholo CDM 6/21/2025 Saturday Lunch 102 10 El Cholo CDM 6/22/2025 Sunday Lunch 128 77 10 El Cholo CDM 6/23/2025 Monday Lunch 59 10 El Cholo CDM 6/24/2025 Tuesday Lunch 22 10 El Cholo CDM 6/25/2025 Wednesday Lunch 45 10 El Cholo CDM 6/26/2025 Thursday Lunch 22 10 El Cholo CDM 6/27/2025 Friday Lunch 45 10 El Cholo CDM 6/28/2025 Saturday Lunch 51 10 El Cholo CDM 6/29/2025 Sunday Lunch 98 10 El Cholo CDM 6/30/2025 Monday Lunch 28 10 El Cholo CDM 7/1/2025 Tuesday Lunch 51 10 El Cholo CDM 7/2/2025 Wednesday Lunch 28 10 El Cholo CDM 7/3/2025 Thursday Lunch 53 10 El Cholo CDM 7/5/2025 Saturday Lunch 104 10 El Cholo CDM 7/6/2025 Sunday Lunch 109 10 El Cholo CDM 7/7/2025 Monday Lunch 26 10 El Cholo CDM 7/8/2025 Tuesday Lunch 38 10 El Cholo CDM 7/9/2025 Wednesday Lunch 26 10 El Cholo CDM 7/10/2025 Thursday Lunch 30 10 El Cholo CDM 7/11/2025 Friday Lunch 60 10 El Cholo CDM 7/12/2025 Saturday Lunch 96 10 El Cholo CDM 7/13/2025 Sunday Lunch 49 10 El Cholo CDM 7/14/2025 Monday Lunch 21 10 El Cholo CDM 7/15/2025 Tuesday Lunch 28 10 El Cholo CDM 7/16/2025 Wednesday Lunch 49 10 El Cholo CDM 7/17/2025 Thursday Lunch 48 10 El Cholo CDM 7/18/2025 Friday Lunch 55 10 El Cholo CDM 7/19/2025 Saturday Lunch 155 10 El Cholo CDM 7/20/2025 Sunday Lunch 49 10 El Cholo CDM 7/21/2025 Monday Lunch 74 10 El Cholo CDM 7/22/2025 Tuesday Lunch 48 10 El Cholo CDM 7/23/2025 Wednesday Lunch 45 10 El Cholo CDM 7/24/2025 Thursday Lunch 71 10 El Cholo CDM 7/25/2025 Friday Lunch 29 10 El Cholo CDM 7/26/2025 Saturday Lunch 65 10 El Cholo CDM 7/27/2025 Sunday Lunch 79 10 El Cholo CDM 7/28/2025 Monday Lunch 46 10 El Cholo CDM 7/29/2025 Tuesday Lunch 22 10 El Cholo CDM 7/30/2025 Wednesday Lunch 38 10 El Cholo CDM 7/31/2025 Thursday Lunch 34 10 El Cholo CDM 8/1/2025 Friday Lunch 68 10 El Cholo CDM 8/2/2025 Saturday Lunch 62 10 El Cholo CDM 8/3/2025 Sunday Lunch 60 10 El Cholo CDM 8/4/2025 Monday Lunch 38 10 El Cholo CDM 8/5/2025 Tuesday Lunch 35 10 El Cholo CDM 8/6/2025 Wednesday Lunch 33 78 10 El Cholo CDM 8/7/2025 Thursday Lunch 38 10 El Cholo CDM 8/8/2025 Friday Lunch 49 10 El Cholo CDM 8/9/2025 Saturday Lunch 76 10 El Cholo CDM 8/10/2025 Sunday Lunch 66 10 El Cholo CDM 8/11/2025 Monday Lunch 52 10 El Cholo CDM 8/12/2025 Tuesday Lunch 30 10 El Cholo CDM 8/13/2025 Wednesday Lunch 29 10 El Cholo CDM 8/14/2025 Thursday Lunch 76 10 El Cholo CDM 8/15/2025 Friday Lunch 46 10 El Cholo CDM 8/16/2025 Saturday Lunch 130 10 El Cholo CDM 8/17/2025 Sunday Lunch 74 10 El Cholo CDM 8/18/2025 Monday Lunch 26 10 El Cholo CDM 8/19/2025 Tuesday Lunch 22 10 El Cholo CDM 8/20/2025 Wednesday Lunch 45 10 El Cholo CDM 8/21/2025 Thursday Lunch 46 10 El Cholo CDM 8/22/2025 Friday Lunch 57 10 El Cholo CDM 8/23/2025 Saturday Lunch 74 10 El Cholo CDM 8/24/2025 Sunday Lunch 67 10 El Cholo CDM 8/25/2025 Monday Lunch 33 10 El Cholo CDM 8/26/2025 Tuesday Lunch 47 10 El Cholo CDM 8/27/2025 Wednesday Lunch 39 10 El Cholo CDM 8/28/2025 Thursday Lunch 30 10 El Cholo CDM 8/29/2025 Friday Lunch 62 79 ** LunchRegular Bus countsb 80 Attachment No. PC 5 Police Memorandum 81 INTENTIONALLY BLANK P A G E 82 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Daniel Kopshever, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: May 29, 2025 SUBJECT: El Cholo Restaurant Expansion 3520 East Coast Highway PA2025-042 At your request, the Police Department has reviewed the project application for the El Cholo restaurant. The applicant is seeking a use permit to permit an expansion of the outdoor dining area, previously permitted under a temporary use permit. Statistical Data Attached is a summary report, which provides detailed statistical information related to alcohol establishments in and around the applicant’s place of business at 3520 East 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 as compared to the County’s per capita ratio. Crime Statistics: The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 44, which encompasses Corona Del Mar, from Coast Hwy, south to the ocean. 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, combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC). These figures make up the “Crime Count” which is indicated on the attached statistical data form. This reporting district is reported to ABC as a high crime area as compared to other Reporting Districts in the City. The RD’s Crime Count is 299, 167% above the citywide crime count average of 112. In comparison, neighboring RD 39 (Fashion Island) is 393% above the citywide average, RD 43 is 70% below the average, and RD 45 is 82% below the average. Of 38 reporting districts in Newport Beach, we reported 10 to ABC as high crime areas for the 2024 calendar year. 83 El Cholo Restaurant Expansion PA2025-0042 2 The highest volume crime in this area is theft/larceny. The highest volume of arrests in the area are narcotics-related offenses. DUI, Public Intoxication, and liquor law violations make up 32% of arrests in this reporting district. In comparison, the figure for neighboring RD 39 is 18%, RD 43 is 21% and RD 45 is 21%. This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4). Alcohol License Statistics: The applicant premise is located within census tract 627.02. This census tract has an approximate population of 4,515 residents with 15 active on-sale alcohol licenses. That is a per capita ratio of one license for every 301 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County’s on-sale per capita ratio of one license for every 822 residents and we find census tract 627.02 is over saturated with alcohol licenses per the specified criteria. This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P §23958.4). Calls for Service There have been no calls for service in 2025. There were 11 calls in 2024, and 6 calls in 2023. No calls were the result of poor business practices, noise, or ill management of the patio. Discussion and Recommendations The Police Department has no concerns with the application. The use permit the business is operating within is old so we request the following or similar conditions be imposed to bring the permit current with modern practices. We also recommended the 11:00 p.m. closing hour be conditioned as staying open after 11:00 p.m. would trigger an Police Operator License. 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. The restaurant shall close at 11:00 p.m., daily. 4. Live entertainment and dancing are prohibited. 5. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. Records of each owner’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 84 El Cholo Restaurant Expansion PA2025-0042 3 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. Food service shall be made available to patrons during alcohol service. 8. Strict adherence to maximum occupancy limits is required. 9. 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. 10. 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. 11. The applicant shall install and maintain a physical barrier to the outdoor patio between any area used and adjacent common pedestrian walkways in accordance with the requirements of the California Department of Alcoholic Beverage Control. 12. 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. 13. 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. 14. The Applicant shall obtain and maintain authorization from the California Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. Alcohol service and alcohol consumption must occur in the ABC licensed areas only. 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 85 EL CHOLO OUTDOOR DINING PATIO EXPANSION CONDITIONAL USE PERMIT (PA2025-0042) Planning Commission Public Hearing, January 22, 2026 Daniel Kopshever, Assistant Planner Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) VICINITY MAP 2 El Cholo Off-Site Lot 3 (After 5pm only) Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) SURROUNDING USES 3 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) PROJECT LOCATION 4 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) KEY CHANGES 5 Existing Proposed Gross Floor Area 5,347 sq. ft.No Change Outdoor Patio 734 sq. ft.1,709 sq. ft. Seating Count 246 283 Hours of Operation Interior 10 a.m. to 12:30 a.m. Sun - Thurs 10 a.m. to 1:30 a.m. Friday - Sat 11:00am to 11:00pm, daily Hours of Operation Patio 10 a.m. to 12:30 a.m. Sun - Thurs 10 a.m. to 1:30 a.m. Friday - Sat 11:00am to 11:00pm, daily Live Entertainment Permitted Not Permitted Dancing Permitted Not Permitted ABC License Type Type 47 (On-Sale General – Eating Place)No change Off-Site Parking Lots 410 Narcissus, 409 Orchid, 3536 Coast Highway East Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) FLOOR PLAN Interior Public Area 2,650 SF Outdoor Patio 735 SF Back of House 2,696 SF New Outdoor Patio 974 SF Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) OFF SITE PARKING / WAIVER 7 17 Waived • 49 Provided at all times • 62 Provided after 5pm Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) PARKING SURVEY 8 Saturday 11/8/2025 Wednesday 11/12/2025 Total Average Available Off-Site Spaces 14 (between 12pm and 2pm)8 (between 12pm and 2pm) Narcissus Lot 22 Available 12 @ 12pm 12 @ 12:30pm 11 @ 1pm 11 @ 1:30pm 13 @ 2pm 6 @ 12pm 8 @ 12:30pm 6 @ 1pm 5 @ 1:30pm 5 @ 2pm Orchid Lot 27 Available 18 @ 12pm 15 @ 12:30pm 17 @ 1pm 17 @ 1:30pm 17 @ 2pm 11 @ 12pm 4 @ 12:30pm 7 @ 1pm 10 @ 1:30pm 14 @ 2pm Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) FINDINGS 9 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) NOTABLE CONDITIONS 10 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) RECOMMENDED ACTION 11 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042) QUESTIONS AND DISCUSSION Planning Commission Public Hearing, January 22, 2026 12 Planning Commission - January 22, 2026 Item No. 3a Additional Materials Received El Cholo Outdoor Dining Patio Expansion (PA2025-0042)