HomeMy WebLinkAbout1837 - APPROVE CUP AND CS FOR AN EATING AND DRINKING ESTABLISHMENT_ 3011 NEWPORT BLVDRESOLUTION NO. 1837
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2010 -013 AND COMPREHENSIVE SIGN
PROGRAM NO. CS2011 -002 FOR AN EATING AND DRINKING
ESTABLISHMENT LOCATED AT 3011 NEWPORT BOULEVARD
(PA2010 -172)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.. An application was filed by Malarky's Irish Pub Inc., with respect to property located at
3011 Newport Boulevard, Assessor Parcel Number's 047 - 060 -01, 047 - 060 -06, and 047-
060-10, requesting approval of a conditional use permit and a comprehensive sign
program.
2. The applicant filed an application for a conditional use permit request to expand an
existing eating and drinking establishment and to allow for the use of off -site parking.
The expansion includes remodeling the interior of the facility to create approximately
565 square feet of new dining area and the construction of an approximately 782 -
square -foot outdoor dining patio. The application also includes a request for a
comprehensive sign program to allow more than three signs on a single- tenant
building.
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Neighborhood Commercial (CN).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Neighborhood Commercial (CN).
5. A public hearing was held on March 3, 2011 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. This exemption authorizes additions to existing structures of up to 10,000 square feet.
The proposed project consists of a 565- square -foot interior dining room expansion and
the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies
under this exemption.
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SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign
Program is required whenever 3 or more signs are proposed for a single- tenant
development. In accordance with Section 20.67.120.E, a Comprehensive Sign
Program shall comply with a number of standards. The following standards and facts
in support of such standards are set forth:
Standard:
A. The proposed sign program shall comply with the purpose and intent of this
Chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the overall
purpose and intent of this Section [Section 20.42.120].
Facts in Support of Standard:
A -1. In compliance with the purpose and intent of the Sign Code, the proposed Sign
Program provides the use with adequate identification without excessive
proliferation of signage. Furthermore, it preserves community appearance by
regulating the type, number, and design of signage.
Standard:
B. The proposed signs shall enhance the overall development, be in harmony with,
and relate visually to other signs included in the Comprehensive Sign Program, to
the structures and /or developments they identify, and to surrounding development
when applicable.
Facts in Support of Standard:
B -1. The site is for use of a single tenant only, and the signage has been designed
integral with the design and character of the building.
B -2. The applicant is proposing to renovate the exterior appearance of the building in
the architectural theme of a traditional Irish pub.
B -3. The existing tower element divides the primary frontage of the building requiring
signage to be broken up into three separate wall signs. The remaining awning
signs and projecting sign are minor and incidental to the primary wall signs. The
north and south elevations and considered secondary frontages and consist of
only one wall sign and two incidental awning signs.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
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Facts in Support of Standard:
C -1. The Sign Program submitted for the project addresses all project signage.
Temporary and exempt signs not specifically addressed in the Program shall be
regulated by the provisions of Chapter 20.42.
Standard:
D. The sign program shall accommodate future revisions that may be required
because of changes in use or tenants.
Facts in Support of Standard:
D -1. The project site is for the sole use of Malarky's Irish Pub and has been
designed to be effective for such a use.
D -2. It is not anticipated that future revisions will be necessary to accommodate
constant changes in tenants or uses. However, flexibility has been incorporated
into the Sign Program Matrix to allow minor deviations from the proposed plans.
D -3. Consistent with Chapter 20.42, the Planning Director may approve minor
revisions to the Sign Program if the intent of the original approval is not
affected.
Standard:
E. The program shall comply with the standards of this Chapter, except that
deviations are allowed with regard to sign area, total number, location, and /or
height of signs to the extent that the Comprehensive Sign Program will enhance
the overall development and will more fully accomplish the purposes and intent of
this Chapter.
Facts in Support of Standard:
E -1. The Sign Program requests deviation in number of signs and location.
E -2. The sign code normally allows one wall sign up to 75 square feet in area on the
primary frontage; however, due to the existing tower element on the building
that divides the front facade, one large wall sign cannot be achieved.
E -3. Breaking up the signage into three separate smaller wall signs allows for a
more aesthetically pleasing orientation of signage and achieves the applicant's
design theme of a traditional Irish pub.
E -4. The projecting sign and awning signs are minor and incidental the main wall
signage. Also, given the orientation of the building, staff believes the deviations
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in the wall signs separation and centering are merited to allow the applicant
more effective sign placement.
E -5. Allowing the signs on the on the secondary frontages to be located towards the
front corner of the building allows for increased sign visibility for motorists
driving along Newport Boulevard.
Standard:
F. The Approval of a Comprehensive Sign Program shall not authorize the use of
signs prohibited by this Chapter.
Facts in Support of Standard:
F -1. The program does not authorize the use of prohibited signs.
Standard:
G. Review and approval of a Comprehensive Sign Program shall not consider the
signs' proposed message content.
Facts in Support of Standard:
G -1. The program contains no regulations affecting sign message or content.
2. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot
from the project site requires the approval of a conditional use permit. In addition to the
standard conditional use permit findings, approval of off -site parking is subject to specific
findings. The following findings and facts in support of such findings are set forth:
Finding:
A. The parking facility is located within a convenient distance to the use it is intended
to serve.
Facts in Support of Finding:
A -1. The proposed off -site parking lot is located immediately adjacent to the subject
property.
A -2. The proposed off -site parking lot has been designed as an extension of the
existing parking lot for the establishment.
Findin :
B. On - street parking is not being counted towards meeting parking requirements.
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Facts in Support of Finding:
B -1. The required 47 parking spaces are provided entirely within the parking lot.
Finding:
C. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
C -1. The Traffic Engineer has reviewed and approved the configuration of the new
parking lot extension and proposed changes to the existing parking lot, and has
determined that the parking lot design will not create an undue traffic hazard in
the surrounding area.
C -2. The northerly driveway will be modified for one -way ingress and the southerly
driveway will provided for both ingress and egress circulation.
Finding:
D. The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
Facts in Support of Finding:
D -1. The applicant has entered into a 10 -year lease, with an option to renew for an
additional 5 years, for use of the three parcels and 20- foot -wide easement.
D -2. The William J. Cagney Trust owns the subject building and associated off -site
parking lots, and has entered into a long -term lease with the applicant;
therefore, the parking facility will remain available, marked, and maintained for
the use of the subject establishment.
D -3. As a condition of approval, the required 47 spaces are to be permanently
provided on -site or within the adjoining off -site lots.
3. Pursuant to Section 20.20.020 of the Zoning Code, eating and drinking establishments
classified as Food Service, Late Hours, require the approval of a conditional use permit
within the Commercial Neighborhood Zoning District. In accordance with Section
20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in
support of such findings are set forth:
Findinq:
A. The use is consistent with the General Plan and any applicable Specific Plan.
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Facts in Support of Finding:
A -1. The operation of a Food Service, Late Hours use, with alcoholic beverages, is
consistent with the purpose and intent of the Neighborhood Commercial (CN)
land use designation of the General Plan.
A -2. The CN designation is intended to provide for a limited range of retail and
service uses developed in one or more distinct centers oriented primarily to
serve the needs and maintain compatibility with the residential uses in the area.
Food Service uses can be expected to be found in this area and similar
locations and are complementary to the surrounding commercial and residential
uses.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. Eating and drinking establishments classified as Food Service, Late Hours,
require the approval of a conditional use permit within the CN district.
B -2. As conditioned, the proposed project will comply with Zoning Code standards
for eating and drinking establishments and solid waste storage, including the
installation of a grease interceptor.
B -3. Pursuant to Chapter 5.25, the project has been conditioned requiring the
operator of the establishment to secure an Operator License from the Police
Department to maintain operating hours beyond 11:00 p.m.
B -4. The applicant will be required to enter into a parking agreement for the use of
off -site parking, which guarantees the long term availability of the parking
facilities and shall be recorded with the County Recorder's Office.
Finding:
C. The design, location, size, operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The project has been reviewed and conditioned to ensure that potential conflicts
with the surrounding land uses are minimized to the extent possible to maintain
a healthy environment for both residents and businesses.
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C -2. Adequate parking will be provided for the proposed operation at all times of the
day, with a surplus of parking provided during late hours.
C -3. No live entertainment or dancing is proposed; however, amplified music through
the use of a jukebox will be used. A condition of approval has been included
requiring the exterior doors and windows to be maintained in the closed position
at all times, except for the ingress and egress of patrons.
C-4. Significant noise impacts from the proposed outdoor dining patio are not
anticipated given its location on the north side of the building, its distance of
approximately 300 feet from the nearest residential dwelling, and the shielding
by the existing shopping center building. The outdoor dining patio is also
surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate
sound and will be completely closed by 11:00 p.m.
C -5. No new lighting is proposed with the exception of illumination for the new
signage and the outdoor patio. Existing exterior lighting exists only to illuminate
the parking lot.
C -6. The trash enclosure is not currently provided on -site; however, the applicant is
proposing to construct a new enclosure in the northwest corner of the parking
lot. The design and area of the enclosure is proposed to comply with the design
requirements of the Zoning Code.
Finding:
D. 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:
D -1. The Traffic Engineer and Fire Department have reviewed the configuration of
the new parking lot extension and proposed changes to the existing parking lot,
and have determined that the parking lot design will function safely and will not
prevent emergency vehicle access to the establishment.
D -2. The applicant is proposing to install fire sprinklers and a grease interceptor for
the establishment.
D -3. The site is currently served by public services and utilities.
D-4. The area of the site, including the off -site parking lots, is approximately 22,680
square feet and adequate in size to accommodate the subject establishment
and all required parking.
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D -5. The site is located at the northwest corner of Newport Boulevard and 30th
Street, with the building fronting onto Newport Boulevard. This is an appropriate
location for an eating and drinking establishment and is compatible with other
commercial uses fronting Newport Boulevard.
Finding:
E Operatio n of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Findin
E -1. The nearest residential uses are located to the west on 30th Street, across from
the loading dock of the adjacent shopping center. The nearest dwelling is
located approximately 130 feet from the closest extent of the new parking lot
boundaries and approximately 220 feet from the building itself. The adjacent
shopping center building and an 8- foot -high block wall provides a screening and
noise buffer from the project site. The applicant has also planted a row of
bamboo trees along the block wall to help visually screen the establishment.
E -2. The parking lots improvements and proposed facade improvements will have a
positive impact on the overall aesthetics and economic health of the community,
and may promote further revitalization of the other commercial properties
located along Newport Boulevard.
E -3. Increased pedestrian and vehicular activity is expected during late and early
morning hours as a result of the increased occupancy; however the applicant
will be required to obtain an Operator License from the Police Department. The
Operator License will provide for enhanced control of noise, loitering, litter,
disorderly conduct, parking /circulation, and other potential disturbances
resulting from the establishment, and will provide the Police Department with
means to modify, suspend, or revoke the operator's ability to maintain of late -
hour operations if objectionable conditions occur.
E -4. To limit the late -hour disturbances that the expanded dining area may create
through increased occupancy, the occupancy load of the interior of the
establishment has been limited to a maximum of 120 persons between the
hours of 11:00 p.m. and 2:00 p.m.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2010 -039 and Comprehensive Sign Program NO. CS2011 -002,
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subject to the conditions set forth in Exhibit A and the Sign Program Matrix included in
Exhibit B, which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the 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.
This resolution supersedes Use Permit No. 1792 and Use Permit No. 1792
(amended), which upon vesting of the rights authorized by this Conditional Use Permit
No. UP2010 -039, shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF MARCH, 2011.
AYES: Eaton, Unsworth, McDaniel, and Hillgren
NOES: Hawkins
ABSTAIN: None
ABSENT: Ameri and Toerge
BY..... -��
Earl McDaniel, Chairman
BY: W CO �
James W. Cam bell, Ex- Officio Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. All proposed signs shall be in conformance with the approved plans, Comprehensive
Sign Program Matrix attached as Exhibit B, and provisions of Chapter 20.67 of the
Newport Beach Municipal Code.
3. Conditional Use Permit No. UP2010 -039 and Comprehensive Development Plan No.
CS2011 -002 shall expire un less exercised within 24 months from the date of approval as
specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
4. The approval is only for an eating and drinking establishment defined as Food Service,
Late Hours as defined by Title 20 of the Municipal Code, however, the establishment
may operate with the principal purpose of the sale and service.of alcoholic beverages
with incidental food service after the hour of 11:00 p.m.
5. Full meal service shall be provided during all hours of operation, except after the hours
of 11 :00 P.M.
6. The hours of operations shall be limited to between 7 :00 a.m. and 11 :00 p.m., daily,
unless the operator of the establishment secures and maintains an Operator License
pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be
permitted to operate beyond the hours of 2 :00 a.m.
7. The outdoor dining patio shall be closed no later than 11 :00 p.m., daily.
8. The Operator License required to be obtained pursuant to Condition No. 6 and Chapter
5.25 of the Municipal Code, may be subject to additional and /or more restrictive
conditions to regulate and control potential late -hour nuisances associated with the
operation of the establishment.
9. The operation of the establishment shall be reviewed by the Planning Commission one
year from the date the certificate of occupancy is issued for the interior expansion to
ensure the increased occupancy has not resulted in detrimental impacts. The Deputy
Community Development Director may initiate a review earlier than one year if
detrimental impacts are identified.
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10. The interior occupant load of the establishment shall be limited to a maximum of 120
persons during the late -hour operations between the hours of 11:00 p.m. and 2:00
a.m.
11. Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039,
all previous rights authorized under Use Permit No. 1792 shall terminate. The following
conditions of approval shall supersede the conditions of approval included in Use
Permit No. 1792 and Use Permit No. 1792 (amended).
12. The material and color of any awning or umbrella located on the outdoor dining patio
shall be subject to review and approval by the Planning Division. No form of
advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor
dining patio. The outdoor dining patio, including any awning or umbrella, shall be
maintained in a clean orderly condition at all times.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
15. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
16. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
17. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
18. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
19. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
20. Prior to issuance of building permits, approval from the California Coastal Commission
shall be required, unless the development proposed is exempt from permit
requirements.
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21. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
22. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
23. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Deputy Community Development Director, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Deputy Community Development Director may order the dimming of light sources
or other remediation upon finding that the site is excessively illuminated.
24. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time periods unless the
ambient noise level is higher:
25. No outside paging system shall be utilized in conjunction with this establishment.
26. Recorded music or other types of sound amplification within the outdoor patio area
shall only be audible to the audience within the patio area.
27. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
28. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
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Between the hours of TOOAM
and 10:00PM
Between the hours of
10:00PM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
NIA
60dBA
25. No outside paging system shall be utilized in conjunction with this establishment.
26. Recorded music or other types of sound amplification within the outdoor patio area
shall only be audible to the audience within the patio area.
27. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
28. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
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Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
29. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate), except when placed for pick -up by
refuse collection agencies. The trash enclosure shall have a decorative solid roof for
aesthetic and screening purposes.
30. A new trash enclosure shall be constructed in the location illustrated on the approved
plans. The trash enclosure shall comply with the development and location standards
contained in Section 20.30.120 of the Zoning Code.
31. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
32. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
33. 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).
34. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Deputy Community
Development Director, and may require an amendment to this Conditional Use Permit.
35. The exterior of the premises, including signs and accessory structures, 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.
36. Prior to final of the building permits, the applicant shall prepare and submit a practical
program for controlling litter, spills, and stains resulting from the use on the site and
adjacent areas to the Planning Division for review. The building permit shall not be
finaled and use cannot be implemented until that program is approved. The program
shall include a detailed time frame for the policing and cleanup of the public sidewalk
and right -of -way in front of the subject property as well as the adjacent public right -of-
way (25 feet north and south of the subject property) not just in front of the subject
tenant space. Failure to comply with that program shall be considered a violation of the
use permit and shall be subject to administrative remedy in accordance with Chapter
1.05 of the Newport Beach Municipal Code that includes issuance of a citation of
violation and monetary fines.
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37. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Division and Public Works Department in conjunction with
the approval of an alternate drainage plan.
38. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. The issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
39. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited in unless there is an emergency.
40. All doors and windows of the entire facility shall remain closed at all times except for
the ingress and egress of patrons and employees.
41. 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,
including minimum drink orders or sale of drinks is prohibited
42. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-.
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
43. There shall be no on -site radio, televisions, video, film or electronic media broadcasts,
including recordings to be broadcasted at a later time, which include the service of
alcoholic beverages, without first obtaining an approved special event permit issued by
the City of Newport Beach.
44. All employees are required to park on -site.
45. A total 47 parking spaces shall be provided on -site or on the adjoining off -site locations.
46. Prior to final of the building permits, a parking agreement, which guarantees the long
term availability of the off -site parking facilities for the use of the subject establishment,
shall be recorded with the County Recorder's Office. The agreement shall be in a form
approved by the City Attorney and the Community Development Director.
47. 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
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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.
48. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 in conjunction with the service of food as the
principal use of the facility. Any upgrade in the alcoholic beverage license shall be
subject to the approval of an amendment to this application and may require the
approval of the Planning Commission.
49. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
50. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
51. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
52. 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 that are clearly visible to
the exterior shall constitute a violation of this condition.
53. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food and retail sales during the same period. The licensee shall maintain records that
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Planning Division on demand.
54. Live entertainment and dancing shall be prohibited as a part of the regular operation,
unless an amendment to this conditional use permit or other required application is first
approved in accordance with the provisions of the Municipal Code.
55. The establishment shall provide licensed security personnel. A comprehensive
security plan for the permitted uses shall be submitted for review and approval by the
Newport Beach Police Department. The procedures included in the plan and any
recommendations mode by the Police Department shall be implemented and adhered
to for the life of the conditional use permit.
56. The applicant shall provide security personnel within the parking lot in the evenings
between 11:00 p.m. and 15 minutes after closing, in sufficient number, to advise and
assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by
patrons after the close of business.
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57. The operator of the establishment shall post signs at clearly visible locations within the
establishment and throughout the parking lot advising patrons to keep noise at a
minimum.
58. The operator of the establishment shall maintain a copy of the most recent City permit
conditions of approval on the premises and shall post a notice that these are available for
review on the premises. The posted notice shall be signed by the permittee.
59. 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 Malarky's Irish Pub including, but not limited to,
Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No.
CS2011 -002 and the determination that the project is exempt under the requirements of
the California Environmental Quality Act. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department Conditions
60. Automatic fire sprinklers shall be required if the occupant load is 100 persons or more.
61. Portable propane heaters are not permitted. Any proposed heaters for the new outdoor
dining patio shall be either electric or natural gas installed in accordance with the
California Electrical or Plumbing Code.
Building Department Conditions
62. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all applicable
State Disabilities Access requirements. Approval from the Orange County Health
Department is required prior to the issuance of a building permit.
63. All exits shall remain free of obstructions and available for ingress and egress at all
times.
64. Strict adherence to maximum occupancy limits is required.
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65. Grease interceptors shall be installed on all fixtures in the restaurant where grease
may be introduced into the drainage systems in accordance with the provisions of the
Plumbing Code, unless otherwise approved by the Building Division.
Public Works Conditions
66. The proposed signs, awning, and entry canopy that project into the public right -of -way
shall comply with City Council Policy L -6.
67. Prior to final of the building permits, the applicant shall be reconstruct the curb, gutter
and sidewalk from the southerly building corner to the northerly property line along
Newport Boulevard.
68. Prior to final of the building permits., the applicant shall reconstruct the existing
driveway approach at the northerly portion of the project site along Newport Boulevard.
69. Implementation of valet parking shall not be permitted unless a valet operation and
management plan is first submitted for review and approved by the Deputy Community
Development Director and the City Traffic Engineer.
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EXHIBIT "B"
Sign Program Matrix
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Comprehensive Sign Program Matrix for
3011 Newport Blvd
Planning Department
3300 Newport Boulevard, Newport Beach, CA 92663
(949)644 -3200 Telephone 1(949)644 -3229 Facsimile
www.newportbeachca.gov
Frontage Designations:
A. Newport Blvd
B. 30th Street
C. Northwest (Facing Shopping Center)
LF = Linear Feet / SF = Square Feet
Type of Sign
Primary Frontage
Secondary Frontage
Newport Blvd
30`h Street & Northwest (Facing
hopping Center
Wall Sign (1)
Maximum number of signs: 3
Maximum number of signs: 1
Maximum sign area: 75 SF
Maximum sign area: 37.5 SF
Maximum vertical dimension: 18
Maximum vertical dimension: 24
inches
inches
Minimum distance from building
Minimum distance from building
corner: 7 feet
corner: 7 feet
Projecting Sign (1)
Maximum number of signs: 1
N/A
(2)
Maximum sign area: 10 SF
Maximum Projection: 3 feet
Awning Sign (1) (2)
Maximum number of signs: 4
Maximum number of signs: 2
(3)
Maximum sign area: 8 SF
Maximum sign area: 4 SF
Maximum vertical dimension: 6
Maximum vertical dimension: 6 inches
inches
Total Sign Area
75 SF for any combination of signs
37.5 SF for any combination of signs
NOTE: Sign area is the area measured by two perpendicular sets of parallel lines that
surround the proposed logo and sign copy. All signs shall substantially conform to the
approved set of plans stamped and dated March 3, 2011. Pursuant to Section 20.42.120.E of
the Zoning Code, the Planning Director may approve minor revisions to the Sign Program if
the intent of the original approval is not affected.
(1) Subject to the regulations of 20.42.080 for sign standards by sign type, unless
otherwise indicated by table matrix and or in the finding and conditions in the
associated resolution of approval.
(2) A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade
below shall be provided.
(3) Signage limited to valance only. A maximum of 50 percent of the valance area shall be
used for signage.
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