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HomeMy WebLinkAboutZA2023-046 - APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE AND INCREASE IN HOURS OF OPERATION AT AN EXISTING RESTAURANT LOCATED AT 320 MARINE AVENUE, UNIT B (PA2022-0243)RESOLUTION NO. ZA2023-046 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE AND INCREASE IN HOURS OF OPERATION AT AN EXISTING RESTAURANT LOCATED AT 320 MARINE AVENUE, UNIT B (PA2022-0243). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by El Mercado Modern Cuisine, LLC dba Mercado Taco Shop (Applicant), concerning property located at 320 Marine Avenue, Unit B, and legally described as Lot 11 of Block 14 of the Balboa Island Tract requesting approval of a minor use permit. 2. The applicant requests an amendment to a minor use permit for an existing eating and drinking establishment to allow a Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control (ABC) License and to increase the hours of operation. Proposed hours of operation are 8:30 a.m. and 10 p.m., daily. No late hours (i.e., after 11 p.m.), live entertainment, or dancing is requested. If approved, this Minor Use Permit would supersede Use Permit No. UP2010-014. 3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2) Coastal Zone District. 5. A public hearing was held on June 29, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) under 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. Zoning Administrator Resolution No. ZA2023-046 Page 2 of 13 01-17-23 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The project includes the addition of a Type 47 ABC License and an increase the hours of operation with no expansion of use. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The property is in an area the Newport Beach Police Department (NBPD) has designated as Reporting District 42 (RD 42) which encompasses Balboa Island. The NBPD is required to report offenses of Part One Crimes (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). RD 42 is not reported as a high crime area as compared to adjacent reporting districts in the City, including RD 41, RD 43, and RD 44. The subject RD’s crime count is 50, which is 50 percent below the City-wide crime count average of 101. The highest volume of crime in this area is simple assault and the highest volume of arrests in the area is DUI related. 2. Since RD 42 has a crime count 50 percent below the City-wide crime count as determined from all crime reporting districts within the City, the area does not meet the legal criteria for undue concentration. In comparison, neighboring RD 41 is 26 percent above the City-wide average, RD 43 is 64 percent below the City-wide average, and RD 44 is 111 percent above the City-wide average. Of the 38 RDs in Newport Beach, 12 are reported to ABC as high crime areas. 3. The NBPD has reviewed the project and has no objection to the request for a Type 47 ABC License and increase in hours of operation subject to appropriate conditions of approval. The subject site is in a low crime area and there are no late hours Zoning Administrator Resolution No. ZA2023-046 Page 3 of 13 01-17-23 requested. The project will be subject to appropriate conditions of approval and all NBPD recommended conditions of approval have been included in Exhibit “A” of this Resolution. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Reporting District Alcohol Related Arrests1 Total Arrests RD 42 (Project) 6 23 RD 41 22 76 RD 43 5 18 RD 44 35 144 Newport Beach 800 2,959 1. In RD 42, DUI, public intoxication, and liquor law violations make up roughly 26 percent of arrests. In comparison, the figure for neighboring RD 41 is roughly 28 percent, RD 43 is roughly 27 percent, and RD 44 is roughly 24 percent. These statistics reflect the City of Newport Beach’s data for 2021, which is the latest available data. 2. The NBPD has reviewed the application and has provided operational conditions of approval to help minimize any potential detrimental impacts. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, place of worship, schools, other similar uses, and any uses that attract minors. 1. The nearest residential zoning district to the property is the Two-Unit Residential, Balboa Island (R-BI) Zoning District located directly East across the 10-foot alley behind the property. Although the R-BI Zoning District is within proximity to the property, the restaurant is oriented towards Marine Avenue which is within the MU- W2 Zoning District. This Zoning District is typically developed with commercial uses on the ground floor with residential units located on the upper levels. The operational characteristics of the restaurant are similar to the existing restaurants on Marine Avenue and the 10:00 p.m. closing hour will ensure patrons will not linger in the area into the late hours of the night. 2. The nearest place of worship is Saint John Vianney Chapel located 30-feet to the south of the property at 314 Marine Avenue. The Saint John Vianney Chapel typically is open in the morning hours from Monday to Friday until 9 a.m., and until noon on Sunday with later hours of operation on Saturday until 5 p.m. There are other restaurants within proximity of the subject property that serve alcohol and the area is considered a low crime area without undue concentration of alcohol licenses. 1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests. Zoning Administrator Resolution No. ZA2023-046 Page 4 of 13 01-17-23 3. The subject property is not within proximity to a daycare center, park, recreational facility, school, or similar uses that attract minors. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are several other restaurants located on Marine Avenue with active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges, or night clubs by the NBMC. The closest restaurant selling alcoholic beverages is Royal Hen located approximately 135-feet away on the opposite side of Marine Avenue. 2. The closest establishment selling alcoholic beverages for off-site consumption is the Irvine Ranch Market at 200 Marine Avenue, which is approximately 760-feet south of the subject property. The establishment is a smaller market that offers alcohol for off-site consumption. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. Minor 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 Land Use Element of the General Plan categorizes the project site as Mixed-Use Water 2 (MU-W2). The MU-W2 designation is applied to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the Recreational and Marine Commercial (CM), Visitor Serving Commercial (CV), and Mixed Use Vertical (MU-V) designations. These uses include general commercial, visitor-serving commercial, and residential dwelling units on the upper floor. The proposed operation of a restaurant with alcohol service and no late hours is consistent with the uses allowed in these Land Use categories of the General Plan and is intended to serve residents and visitors of the area. 2. The subject property is not part of a specific plan area. Zoning Administrator Resolution No. ZA2023-046 Page 5 of 13 01-17-23 Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The site is located in the Mixed-Use Water (MU-W2) Zoning District which applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floor. Food service uses with alcohol sales in this Zoning District are allowed subject to approval of a minor use permit. 2. The existing restaurant operates pursuant to Use Permit No. UP2010-014 and does not include alcohol service. Staff Approval No. SA2020-006 was approved in 2021 to allow physical changes to the existing restaurant and the tenant improvements are expected to be completed in late 2023. An amendment to the existing use permit is requested to allow a Type 47 ABC License without late hours. No changes are proposed to the net public area that would affect the required on-site parking. 3. The existing restaurant includes approximately 48 square feet of solid waste and recyclable materials storage within a screened enclosure on the side of the restaurant, which complies within the minimum 32 square feet required for commercial uses under 5,000 square feet. 4. As conditioned, the proposed project will comply with all recommendations from the NBPD to ensure the restaurant does not operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The subject property is located along Marine Avenue on Balboa Island, which is accessible from both the Balboa Ferry and from Jamboree Road. Marine Avenue is the bridge that connects to the east side of Balboa Island and is one of the main corridors on Balboa Island with commercial uses. Commercial uses, including restaurants, are common along Marine Avenue and serve visitors and residents. The addition of a Type 47 ABC License and increase in hours of operation has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible to maintain an environment compatible with both residents and businesses. Zoning Administrator Resolution No. ZA2023-046 Page 6 of 13 01-17-23 2. The existing restaurant has operated at this location since as early as 2010. The restaurant will maintain a closing time of 10 p.m. and is not anticipated to create disturbances to the adjacent uses as there will be no late hours (after 11:00 p.m.), dancing, or live entertainment. The 10:00 p.m. closing time is compatible with the existing restaurants located on Marine Avenue. 3. The restaurant is oriented towards Marine Avenue in a manner that shields the restaurant activity from the residential uses at the rear. The outdoor patio of the restaurant is located along Marine Avenue. 4. The NBPD has reviewed the project and has no objections. The operational conditions of approval recommended by the NBPD related to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure the welfare of the surrounding community. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1. The project site is located on Marine Avenue, which is located at the entrance of Balboa Island and has heavy vehicular and pedestrian activity. The subject property has historically operated as a restaurant and the proposed alcohol service and increase in hours of operation are not expected to result in an increase of vehicular and pedestrian activity. No changes are proposed to the net public area of the restaurant. 2. The project site is accessible from the front of the property along Marine Avenue and from the rear of the property along the adjacent alley. 3. The project has been reviewed by the City’s Public Works Department and Life Safety Division (Fire Department) to ensure adequate public and emergency vehicle access, public services, and utilities are provided on the property. 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. Zoning Administrator Resolution No. ZA2023-046 Page 7 of 13 01-17-23 Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approvals to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The NBPD has reviewed the project and Condition of Approval No. 32 is included to ensure the premise does not operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 2. The restaurant will serve the surrounding community in a mixed-use district designed for such uses. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. 3. As conditioned, all owners, managers, and employees selling alcohol are required to undergo and successful complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. The certified program must meet the standards of the certifying/licensing body designated by the State of California and records of successful completion shall be maintained on the premises. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under 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 Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit (PA2022-0243), subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This resolution supersedes Use Permit No. UP2010-014, which upon vesting of the rights authorized by this Minor Use Permit (PA2022-0243), shall become null and void. 4. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2023-046 Page 8 of 13 01-17-23 PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JUNE, 2023. Zoning Administrator Resolution No. ZA2023-046 Page 9 of 13 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved project plans. 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit. 4. The allowed hours of operation shall be between 8:30 a.m. and 10:00 p.m., daily. 5. The existing parking space located on site shall be used for the parking of vehicles at all times. 6. Any addition of seats and/or stand–up counter space for customers shall be subject to the approval of an amendment to this use permit. Any patron seating or stand-up counter located outside of the facility on the subject property or on public property (including sidewalks, streets) is prohibited. 7. The net public area shall be limited to a maximum of 351 square feet. 8. Patrons shall not enter or exit through the alley entrance. 9. Employees of the restaurant shall not use the alley as a break area or smoking area. 10. Drop-off and pick-up of employees shall be prohibited in the alley. 11. This Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 12. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 13. 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 leasing agent. Zoning Administrator Resolution No. ZA2023-046 Page 10 of 13 01-17-23 14. No outside paging system shall be utilized in conjunction with this establishment. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 16. 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. 17. 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). 18. 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 periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 N/A 60dBA 19. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 21. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. Zoning Administrator Resolution No. ZA2023-046 Page 11 of 13 01-17-23 22. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. “Walpak” type fixtures are not permitted. Parking area lighting shall have zero cut-off fixtures. 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 Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 24. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 25. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 26. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 27. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 28. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Mercado Taco Shop including, but not limited to, Minor Use Permit (PA2022-0243). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions Zoning Administrator Resolution No. ZA2023-046 Page 12 of 13 01-17-23 outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Police Department 29. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and Wine) or 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. 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. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 32. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 33. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35. There shall be no live entertainment or dancing allowed on the premises. 36. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 37. Food service from the regular menu shall be made available to patrons until closing. 38. 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. Zoning Administrator Resolution No. ZA2023-046 Page 13 of 13 01-17-23 39. 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. 40. “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). 41. Strict adherence to maximum occupancy limits is required. 42. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 43. 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. 44. 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. 45. Strict adherence to maximum occupancy limit is required. 46. 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 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code.