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HomeMy WebLinkAbout24 - China Palace Use Permit - PA2010-082CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 September 28, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Makana Nova, Assistant Planner 949 - 644 -3249, mnova(cDnewportbeachca.gov SUBJECT: China Palace Use Permit (PA2010 -082) 2800 West Coast Highway • Use Permit No. 2010 -015 ISSUE On August 5, 2010, the Planning Commission approved Use Permit No. UP2010 -015 allowing live entertainment and dancing at an existing restaurant. Due to the changes in operational character, additional off -site parking was required and the hours of operation were limited. On August 17, 2010, Council Member Rosansky appealed the approval of the Use Permit to review the hours for late night activities and parking (Attachment No. CC 1). RECOMMENDATION 1) Conduct a de novo hearing; and 2) Adopt a resolution denying the appeal and upholding and affirming the decision of the Planning Commission to approve Use Permit No. UP2010 -015, subject to the findings and conditions of approval included within the attached draft resolution (Attachment No. CC 2). DISCUSSION Proiect Setting and Description The project site is located at the northwest corner of West Coast Highway and Riverside Avenue. The project site is also served by two off -site parking lots. The first off -site parking lot is located at the Wells Fargo Bank building across Riverside Avenue at 2750 West Coast Highway and the second is located at the adjacent Mariner's Center at 149 Riverside Avenue. VICINITY MAP ' Project Site fs� r Off -Site Lots China Palace Use Permit Review September 28, 2010 Page 2 ??e �� . ?Iq r Municipal Lot all 'zoo GENERAL PLAN ZONING If LOCATION GENERAL PLAN I ZONING CURRENT USE ON -SITE Mixed -Use Horizontal 1 Mariner's Mile Specific Eating and Drinking (MU -H1 ) Plan SP -5, RSC Establishment NORTHWEST Mixed -Use Horizontal 1 Mariner's Mil ific Vehicle Rental Facilities (MU-H1) Plan , RSC SOUTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Bank (MU -H1 ) I Plan SP -5, RMC NORTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Retail MU -H1 Plan SP -5, R S C) SOUTHWEST Mixed -Use Water Mariner's Mile Specific Eating and Drinking Related 1 (MU -W1) L Plan (SP -5, RSC) Establishments and Office China Palace Use Permit Review September 28, 2010 Page 3 The application is for a new use permit to allow live entertainment and dancing from 6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking establishment, which has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage Control(ABC) license. The existing restaurant that has 2,129 square feet of net public area and the proposed dance floor is 200 square feet in area. The application also includes a Parking Management Program for 30 off - street parking spaces. Planning Commission Action The Planning Commission held a public hearing on August 5, 2010. The application was approved unanimously and live entertainment and dancing were limited between 6:00 p.m. and 1:00 a.m and 30 off -site parking spaces were required. In addition, the hours of operation of the outdoor patio were limited from 7:00 a.m. to 12:00 midnight. The minutes and resolution from the Planning Commission hearing have been attached for reference (Attachment Nos. CC 3 and CC 4). City Council Review Hearing Pursuant to Section 20.95.060.C, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decision of the Planning Commission to approve Use Permit No. UP2010 -015 has no force or effect. The City Council is not bound by the Commission's prior decision or limited to the issues raised by the appeal. Analysis Hours of Operation The applicant requests allowing live entertainment and dancing until 1:30 a.m., instead of 1:00 a.m as limited by the Planning Commission. The applicant is also requesting that the condition limiting the hours of operation for the outdoor patio to 7:00 a.m. to 12:00 midnight be removed, which would allow the outdoor patio to operate with the same hours for the restaurant (7:00 a.m. to 2:00 a.m.). At the Planning Commission meeting, staff recommended that the Planning Commission require a 12:00 midnight closing time for the restaurant, based on the Police Department's concern that the establishment would likely operate as a nightclub, which could result in an increase in the demand for their services (see Attachment No. CC 5 for the Police Department Recommendation). Staff was also concerned about potential land use conflicts in the future should the area be developed with mixed -use residential units allowed by the General Plan. A full analysis of the project is provided in the Planning Commission staff report (Attachment No. CC 6). The limits applied by the Planning Commission on the hours for live entertainment and dancing and for the outdoor patio area were viewed as a compromise between the requests of the applicant and the concerns raised by the Police Department and staff. China Palace Use Permit Review September 28, 2010 Page 4 Staff recommends that the City Council uphold the Planning Commission's limits on the hours of operation. Parking Section 20.66.070 of the Zoning Code requires parking for eating and drinking establishments within a range of one space per 30 to 50 square feet of net public area' based upon the physical and operational characteristics of the use. The original approval of the restaurant established a parking rate of one parking space per 50 square feet of net public area (43 spaces) given that the use was considered a low turnover, fine dining establishment. Use Permit No. UP3095 required the establishment to purchase 13 city parking passes for employees to park in the Avon municipal lot. In its recommendation to the Planning Commission, staff recommended a parking rate of one parking space per 35 square feet of net public area (61 parking spaces) after 6:00 p.m. due to the anticipated increased occupancy associated with live entertainment and dancing. The proposed maximum occupancy for the establishment is 197 people (approximately 3 people per required parking space). With 13 parking passes, the off - site parking requirement would be 22 spaces. A staff report to the Planning Commission containing a full analysis of the project is attached (Attachment No. CC 6). The Planning Commission found that the 30 parking spaces available at 2750 West Coast Highway should be required due to the difficulty of finding adequate parking in the Mariner's Mile area. The Planning Commission also found that these 30 spaces could be provided at 2750 West Coast Highway (Wells Fargo) or 149 Riverside Avenue (C'est Si Bon) given that the applicant has approval from both businesses for the use of their parking after 6:00 p.m. (Attachment No. CC 7). The 30 additional parking spaces off -site results in a parking rate of one parking space per 31 square feet of net public area. The available evening parking for the establishment is shown in Table 1. T.. kle 1 A. ;1i 6ln rdM n m to 7 -nn a m Location Address Number of Spaces Notes On -Site 2800 West Coast Highway 26 Valet parking is not required Avon Municipal Lot 200 Tustin Avenue 13 UP3095, employee parking Well's Fargo 2750 West Coast Highway 30 6:00 p.m. to 2:00 a.m. C'est Si Bon 149 Riverside Avenue (A & B) 10 6:00 p.m. to 2:00 a.m. TOTAL 79 Net Public Area (NPA): The Zoning Code defines net public area as the total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. China Palace Use Permit Review September 28, 2010 Page 5 The applicant requests a parking rate of one parking space per 40 square feet of net public area. This parking rate would result in a parking requirement of 54 parking spaces on and off -site. With 13 parking passes previously approved, the off -site parking requirement would be 15 spaces. Historically, the City has used the 1 per 40 ratio for most family -style restaurants with a turn -over of approximately one hour or less, but has applied higher ratios for establishments with higher occupancies. Table 2 identifies the number of spaces based upon the Zoning Code standards. Table 2. Net Public Area: 2.129 so ft Parking Rate Required Spaces Notes 1 per 30 71 spaces 1/31 required by Planning Commission 1 per 35 61 spaces as recommended by staff 1 per 40 54 spaces as requested by the applicant 1 per 45 48 spaces 1 per 50 43 spaces as approved by UP3095 Based on the physical and operational characteristics of the establishment coupled with the location of the property, the applicant's proposal would not provide adequate parking in staff's opinion and staff recommends City Council uphold the Planning Commission's approval to require 30 off -site parking spaces. Alternatives If the City Council does not wish to sustain the decision of the Planning Commission, the City Council may revise the conditions of approval or reverse the decision of the Planning Commission and deny the application. Should the City Council choose to do so, staff will return with a resolution incorporating new findings and or /or conditions. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 3, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The project consists of minimal change to the physical characteristics of the existing structure. The conversion of the eating and drinking establishment to allow for the addition of live entertainment includes only minor interior modifications to the existing structure for the installation of a new dance floor. China Palace Use Permit Review September 28, 2010 Page 6 PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. FUNDING AVAILABILITY Not applicable. Prepared by: Maka a No a, Assistant Planner Attachments: Submitted by: �� 4� _ Jar6es Campbell, Acting Planning Director CC 1 Appeal Letter CC 2 Draft City Council Resolution CC 3 Planning Commission Minutes CC 4 Planning Commission Resolution No. 1818 CC 5 Police Department Recommendation CC 6 Planning Commission Staff Report CC 7 Letters from adjacent businesses CC 8 Project Plans CC 9 Parking Management Program Attachment No. CC 1 Appeal Letter From: Parandigm@aol.com [mailto:Parandigm@aol.com] Sent: Tuesday, September 21, 2010 1:28 PM To: Smith, Dana Subject: China Palace Dana: I am calling up the approval of the China Palace CUP to review the operating hours and the parking conditions. Thanks Steve Rosansky Attachment No. CC 2 Draft City Council Resolution Jb RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -015 TO ALLOW LIVE ENTERTIAINMENT AND DANCING WITHIN AN EXISTING RESTAURANT LOCATED AT 2800 WEST COAST HIGHWAY IN CONJUNCTION WITH A PARKING MANAGEMENT PROGRAM FOR THE PROVISION OF OFF -SITE PARKING LOCATED AT 2750 WEST COAST HIGHWAY (PA2010 -082). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Yu -Ter Mau, representing China Palace, lessee of property located at 2800 West Coast Highway, legally described as the southeasterly 129.15 -foot by 130 -foot portion of Lot F, Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 29, Pages 31 to 34, inclusive of miscellaneous maps, in the office of the county recorder of the County of Orange. 2. The applicant proposed a new use permit to allow live entertainment and dancing from 6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking establishment that has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage Control license. The proposed dance floor is 200 square feet in area and is located within the existing 2,129- square -foot net public area. The application also includes a Parking Management Program for 30 off - street parking spaces. 3. The subject property is located within the Retail and Service Commercial land sub -area of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 1 (MU -1-11). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU -H). 5. At a noticed public hearing held on August 5, 2010, the Planning Commission considered the application, plans, and written and oral evidence presented at this meeting, and approved Use Permit No. UP2010 -015 based on the findings and conditions of approval in Planning Commission Resolution No. 1818. 6. On August 17, 2010, the Planning Commission's decision to approve Use Permit No. UP2010 -015 was appealed by the City Council by Council Member Rosansky. The appeal was filed to review the authorized hours for late night activities and parking. 7. The City Council held a public hearing on September 28, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Planning Commission's decision and approved Use Permit No. UP2010- 015. City Council Resolution No. _ Page 2 of 14 8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. 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 3 (New Construction or Conversion of Small Structures). 2. The project consists of minimal change to the physical characteristics of the existing structure. The conversion of the eating and drinking establishment to allow for the addition of live entertainment includes only minor interior modifications to the existing structure for the installation of a new dance floor. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the City Council Finds as follows: Finding: A. That the proposed location of the use is in accord with the objectives of the Zoning Code and the purpose of the district in which the site is located. Facts in Support of Finding: A -1. The project is located in the SP -5 (Mariner's Mile Specific Plan) Zoning District within the Retail Service Commercial Sub -Area. The Retail and Service Commercial Sub - Area encourages the continuation of "marine- oriented" uses and the "marine" theme or character of the area; encourages mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibits uses, which would interrupt this continuity; and minimizes the number of curb cuts on Coast Highway. The eating and drinking establishment with existing on -sale alcoholic beverage service is a mutually supportive commercial use that serves visitors, residents, and employees in the area. Eating and drinking establishments are a permitted use in this land use district with the approval of a use permit. Therefore, the eating and drinking establishment with on -sale alcohol service and live entertainment is consistent with the purposes of the Mariner's Mile Specific Plan for the Retail Service Commercial Sub -Area. A -2. The location of the eating and drinking establishment is located within Mariner's Mile is surrounded by land uses that are dominated by retail commercial, professional office and visitor serving uses. Restaurant uses with live entertainment can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. F: \Users\PLN \Shared\PA's1PAs- 2010 \PA2010 -062 / City Council Resolution No. _ Page 3 of 14 A -3. The project site is located in an area designated for mixed -use development, but not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. A -4. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. Finding: B. That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: B -1. The Land Use Element of the General Plan designates the site for Mixed Use Horizontal 1 (MU -H1). Properties designated MU -H1 on the inland side of Coast Highway in the Mariners' Mile Corridor are intended for marine - related and highway - oriented general commercial uses in accordance with CM and CG designations. The existing eating and drinking establishment and proposed live entertainment is consistent with this land use designation. B -2. The existing eating and drinking establishment is located in a commercially designated area and is consistent with the land uses intended for properties fronting West Coast Highway within the Mariner's Mile corridor. The updated General Plan, adopted in 2006, provides opportunities for the integration of residential units on the inland parcels between Riverside Avenue and Tustin Avenue. Due to the potential addition of residential units in the vicinity of the project site, the project has been conditioned as reflected in the draft resolution (Attachment No. PC 1) to regulate parking, trash, and site maintenance. B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub. The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. The Police Department has provided Condition Nos. 3, 12, 15 through 20, 22 through 25, and 52 to ensure the operation is maintained as proposed by the applicant. B -4. There have been no alcohol related arrests for the subject property from July 1, 2009 through July 1, 2010. Although the number of alcohol licenses within the reporting district and adjacent reporting districts is higher than the County -wide average and F: \Users \P W\Shared \PA's \PAs - 2010 \PA2010 -062 /13 City Council Resolution No. _ Page 4 of 14 adjacent districts, this level is not significantly high given the nature of the land uses in the district. The percentage of alcohol - related arrests in the police - reporting district in which the project is proposed is lower than the percentage citywide. The preceding information supports the case that the subject establishment will not become an undo burden upon police services with the addition of live entertainment. B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non - residential development. The total square footage of 5,347 gross square feet for the project site results in an FAR of 0.32. The proposed project complies with the maximum FAR permitted by the General Plan. Finding: C. That the proposed use will comply with the provisions of this Zoning Code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Findino: C -1. The proposed use complies with the development standards for the SP -5 (Mariner's Mile Specific Plan) District. The existing full - service eating and drinking establishment with proposed live entertainment will not be detrimental to the site or to the community based upon the proposed conditions of approval. The proposed conditions of approval ensure that all conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. C -2. The hours of operation have been conditioned to limit live entertainment at the establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the establishment will be reduced to 7:00 a.m. to 2:00 a.m., daily. C -3. The approved Parking Management Program will ensure adequate access and utilization of the parking areas provided both on and off -site for the subject establishment. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach does hereby denies the appeal and upholds and affirms the decision of the Planning Commission and approves Use Permit No. UP2010 -015 subject to the conditions contained in Exhibit 'A," which is attached hereto and incorporated by reference. FAUsers\PLWShared \PA's \PAs - 2010\PA2010 -062 r City Council Resolution No. _ Page 5 of 14 SECTION 2: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of September, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMB ABSENT COUNCILMEMBERS MA ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach FAUsers \PLN \Shared\PA's \PAS - 2010 \PA2010 -062 /s City Council Resolution No. _ Page 6 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. Use Permit No. UP2010 -015 shall be subject to a one year review before the Planning Commission after the date of approval. 2. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the Coastal Commission that the project as proposed is not development under the California Coastal Act or obtain Coastal Commission approval of the parcel map. 3. There shall be no live entertainment or dancing allowed on the premises without first obtaining a Live Entertainment permit from the City. Prior to the issuance of building permits for the change of occupancy, the applicant shall obtain a Live Entertainment Permit from the Revenue Department, 4. 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. 5. The hours of operation for the eating and drinking establishment indoors shall be limited from 7:00 a. m. to 2:00 a.m., daily. The hours of operation for the outdoor dining area shall be limited from 7 :00 a.m. to 12.00 midnight. 6. Live entertainment shall be permitted at the subject property from 6:00 p.m. to 1:00 a.m. 7. Dancing is allowed for the hours of live entertainment. 8. The area provided for live entertainment and dancing shall not exceed 400 square feet. 9. The applicant shall provide licensed security personnel while offering live entertainment. 10. A comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. 11. All owner's, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. FAUsers \PLN \Shared \PA's \PAs - 2010 \PA2010 -062 City Council Resolution No. _ Page 7 of 14 12. Approval does not permit China Palace to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 13. Live entertainment shall be as defined in the Municipal Code. 14. The live entertainment use shall be permitted within the interior dining rooms only. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. The live entertainment area shall be physically identified within the restaurant area. 15. Food service from the regular menu must be available to patrons up to thirty minutes before the scheduled closing time. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. No `happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 18. 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 or sale of drinks is prohibited. 19. The 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. 20. 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. 21. 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. 22. There shall be no on -site radio, television, video, film, or other 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 Events Permit issued by the City of Newport Beach. F: \Users\PLN \Shared \PA's \PAs - 2010 \PA2010 -062 U City Council Resolution No. _ Page 8 of 14 23. The use of private (enclosed) "VIP" rooms or any other temporary permanent enclosures separate from public areas are prohibited. 24. When offering live entertainment, all doors and windows shall remain closed except for the normal ingress /egress doors. The doors and windows from the primary dining room to the outdoor dining room shall be closed at all times during the hours of live entertainment other than for server access. 25. Live entertainment shall be permitted only within the confines of the main building. No outside paging system shall be utilized in conjunction with this establishment. No amplified music or entertainment is permitted in the outdoor dining area, sidewalk, or adjacent areas. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area. No music will be piped into any sidewalk or adjacent areas. 26. 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 per the current Zoning Code for the specified time periods unless the ambient noise level is higher: 27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department, the Public Works Department, and the Planning Department. [COA UP3095] 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. [COA UP3095] 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. [COA UP3095] F:\Users \PLN \Shared\P9s \PAs - 2010 \PA2010 -062 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Interior Exterior Interior Exterior l Property FMixed 45dBA 55dBA 40dBA 50dBA l Property located within a commercial property 45dBA 60dBA 45dBA 50dBA Property 45dBA 60dBA 45dBA 50d BA Commercial Property N/A 65dBA N/A 60dBA 27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department, the Public Works Department, and the Planning Department. [COA UP3095] 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. [COA UP3095] 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. [COA UP3095] F:\Users \PLN \Shared\P9s \PAs - 2010 \PA2010 -062 City Council Resolution No. _ Page 9 of 14 31. The project lighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter form the engineer stating that, in his opinion, this requirement has been met. (COA UP30951 32. All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. [COA UP3095] 33. 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. 34. 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. 35. 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. 36. 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 Department. 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). 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 38. 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. 39. 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.) 40. Use Permit No. UP2010 -0015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. FAUsers \PLN\Shared \PA's \PAs - 2010 \PA2010 -062 4 City Council Resolution No. _ Page 10 of 14 41. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 42. 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. 43. This 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. 44. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 45. 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. 46. 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. 47. 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 the China Palace Use Permit for Live Entertainment including, but not limited to, Use Permit No. UP2010 -015 (PA2010 -082). 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 48. That all access to the building be approved by the Fire Department. [COA UP3095] F:\ Users \PW\Shared\PA's \PAs- 2010\PA2010 -062 re.J/ City Council Resolution No. _ Page 11 of 14 49. That all on -site fire protections (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. [COA UP30951 50. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. [COA UP3095] 51. The landscape plan shall place heavy emphasis on fire - retardant vegetation. (COA UP3095] Building Department Conditions 52. Strict adherence to maximum occupancy limits is required. A building permit is required to allow the change in occupancy. Plan Check No. 0316 -2010 for tenant improvements to the subject property shall be revised to reflect the new calculated occupant load to accommodate live entertainment. The plans shall calculate the occupant load, including all occupied areas, patio, and dance floor based on the CBC Chapter 4. The plans shall verify that the existing number of plumbing fixtures complies with Table CBC 4 -1 (Restaurants). All plans and work must comply with the California Building Code. 53. 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. 54. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 55. The construction plans must meet all applicable State Disabilities Access requirements. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The handicapped parking shall be available for self - parking. jCOA UP3095] 56. Fugitive dust emissions during demolition and construction shall be minimized by watering the site for dust control, containing excavated soil on -site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. (COA UP30951 57. A washout area for the restaurant trash containers shall be provided in such a way as to assure direct drainage into the sewer system and not into the Bay or the storm drains. [COA UP3095] 58. Grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provision of the Uniform Plumbing Code. [COA UP3095] 59. Kitchen exhaust fans shall be designed to control odors and smoke. [COA UP3095] FAUsers\PLN \Shared \PA's \PAs - 2010 \PA2010 -062 2 City Council Resolution No. _ Page 12 of 14 60. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. [COA UP3095] Public Works Conditions 61. A minimum of one parking space per 50 square feet of "net public area' shall be provided for the restaurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariner's Mile Municipal parking lot. [COA UP3095] 62. A total of 26 parking spaces shall be provided on -site for the full - service eating and drinking establishment during operating hours from 6:00 p.m. to closing. 63. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750 West Coast Highway or at C est Si Bon Bakery at 149 Riverside Avenue, Suites A and B from 6:00 p.m. to closing. Should the bank or C est Si Bon Bakery at 149 Riverside Avenue, Suites A and B extend its hours of operation beyond 6:00 p.m. or the property owner of 2750 West Coast Highway and at C'est Si Bon Bankery at 149 Riverside Avenue, #B terminate the parking offered to 2800 West Coast Highway, the live entertainment at the subject property shall be invalidated unless adequate off - street parking can be obtained fro the subject property. 64. As a condition precedent to the Applicant conducting operations under Use Permit No. UP2010- 015(PA2010 -082), the Applicant shall obtain the Planning Director's approval of a written agreement between the Applicant (as lessee) and the owner of the property located at 2750 West Coast Highway and 149 Riverside Avenue (as lessors) providing parking for thirty (30) cars. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is terminated, or if the agreement is terminated for any reason, then the live entertainment rights of the Applicant to operate under the above - referenced Use Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject property. 65. Valet parking is not permitted at 2750 West Coast Highway. If valet parking is proposed at the off -site parking location, the applicant shall submit a new valet operation plan. 66. Six compact parking spaces shall be permitted within the on -site parking area. (COA UP3095] 67. Valet parking shall be required on -site during operating hours from 11:00 a.m. to 6:00 p.m. as long as the tandem configuration of parking (parallel parking in the drive aisle) remains on -site. FAUsers \PLN \Shared \PA's \PAs - 2010 \PA2010 -062 City Council Resolution No. _ Page 13 of 14 68. The valet operation shall not impact the public right -of -way. Vehicle staging, drop off and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public- right -of -way. [COA UP3095] 69. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. [COA UP3095] 70. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and direct patrons to use to utilize nearby crosswalks. 71. That the on -site parking, vehicular circulation and pedestrian circulation be subject to further review by the City Traffic Engineer, and that no parking be allowed on the entrance drive within 16 feet of the property line. [COA UP3095] 72. That all improvements be constructed as required by ordinance and the Public Works Department. 73. That 13 parking permits shall be purchased from the City on an annual basis. Said parking permits shall be distributed to the employees of the restaurant for their use in parking in the municipal lot. [COA UP3095] 74. That employees of the restaurant shall be required to park in the municipal parking lot. [COA UP3095] 75. The signage for take -out parking in the ADA access pathway shall be removed. 76. That the intersection of streets and drives be designed to provide site distance for a speed of 35 miles per hour. Landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to the approval of the Traffic Engineer. (COA UP30951 77. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff at the northwesterly corner of Riverside Avenue and West Coast Highway and to 18 feet of right -of -way be dedicated to the public for street and highway purposes along the West coast Highway frontage, and that the building be relocated towards the westerly side property line so as to provide for the required corner cutoff. [COA UP3095] 78. That prior to obtaining building permits, the Applicant shall agree he will not request adjustments to rental fees based on the City's acquisition of the 18 -foot wide strip and corner cutoff, reducing the size of the parcel. (COA UP30951 FAUsers \PLN \Shared \PA's \PAs - 2010 \PA2010 -062 City Council Resolution No. _ Page 14 of 14 79. That the future street area be landscaped and maintained by the Applicant until such time as it is needed for street purposes. (COA UP30951 80. That all vehicular access rights to West Coast Highway be released and relinquished to the City of Newport Beach prior to issuance of any building permits. [COA UP3095] 81. That street and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. [COA UP3095] 82. That the Applicant acknowledges and agrees that the proposed development will not increase the need for on- street parking along West coast Highway and therefore, the Applicant agrees not to claim any economic loss for the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. (COA UP30951 F: \Users\PLN \Shared \PA's\PAs - 2010 \PA2010 -062 Z� Attachment No. CC 3 Planning Commission Minutes 2v NEWPORT BEACH PLANNING COMMISSION MINUTES applicant proposes a winery (wine production with accessory retail sales and accessory wine tasting). Fern Nueno, ssistant Planner, gave a brief overview of the staff report, including amino ange to the project description in the Study Plan. Cora Newman of Gover ent Solutions, representing the applican nd Gus Defalco, applicant made co ents and answered questions sed by the Commission. Detective Bryan e, Newport Beach Police partment made further comments and was available questions. Public comment was opened. No comments were made. Public comment was closed. Motion made by C ,pKmissioner Toerge, seconded by Comrni§sioner Unsworth, to adopt solution, as follows; recommend City Council appro of Code Amendm No. CA2010 -005. Motion jodrried with the followina vote 08/05/2010 Ay Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge \ es: None SUBJECT: China Palace Use Permit - (PA2010 -082) ITEM NO. 7 2800 West Coast Highway PA2010 -082 The application is for a use permit to allow live entertainment and Approved dancing within an existing full - service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. Makana Nova, Assistant Planner, gave a brief overview of the staff report with a PowerPoint presentation. Scott Peotter, representing the applicant, presented an aerial map depicting restaurants surrounding China Palace to the Planning Commission and staff and made comments. Detective Bryan Moore, Newport Beach Police Department made comments. Public comment was opened. Comments were given by the following: Michael Pells, 308 Avenida Carlos Howard Larsen, 407 Kings Place Craig Hudson, Newport Beach resident Dr. Cassidy, Cliff Drive resident Kathy Seymour, Kings Road resident Mr. West. Newport Beach resident Page 6 of 8 _j rTq CD 7D CAI Q l*J NEWPORT BEACH PLANNING COMMISSION MINUTES Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Eaton, to adopt a resolution, after debate, to approve Use Permit No. UP2010 -015 subject to the findings and conditions of modified resolution provided by the applicant's representative as follows: • Page 3 of 13, Section B -2 — Strike the last portion of last sentence: "and to limit the hours of operation so that the establishment closes 12:00 midnight. • Page 4 of 13, Section C -1 — Incorporate all changes: Replace the word proposed with "existing' and add the word "proposed' before live entertainment • Page 4 of 13, Section C -2 — Modify section to read as follows: "The hours of operation have been conditioned to limit live entertainment at the establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the establishment will be reduced to 7:00 a.m. to 2:00 a.m., daily." • Page 6 of 13, Exhibit "A ", Condition No. 4 — Modify condition to read: "The hours of operation for the eating and drinking establishment indoors shall be limited from 7:00 a.m.to 2:00 a.m., daily. The hours of operation for the outdoor dining area shall be limited from 7:00 a.m. to 12:00 midnight." • Condition No. 5 — Modify condition to read: "Live entertainment shall be permitted at the subject property from 6:00 p.m. to 1:00 a.m." • Condition No. 6 — Incorporate all changes: "Dancing is allowed for the hours of live entertainment." • Condition No. 7 - Incorporate all changes: "The area provided for live entertainment and dancing shall not exceed 400 square feet." • Condition No. 12 — Incorporate all changes: "Live entertainment shall be as defined in the Municipal Code." • Condition No. 25 — Incorporate all changes: add the words "per current code" after the word below in the last sentence. • Condition No. 36 — Incorporate all changes: Change 8:00 a.m. to 700 a.m." • Condition No. 61 — Incorporate all changes: Change 12:00 midnight to "closing ". • Condition No. 62 — Modify condition to require a total of "30 parking spaces" and incorporate all other changes. • Condition No. 64 — Incorporate all changes: Replace application with "applicant" • Add condition to read "When offering live entertainment, all doors and windows shall remain closed except for the normal ingress /egress doors. The doors and windows from the primary dining room to the outdoor dining room shall be closed at all times during the hours of live entertainment other than for server access." • Add condition to read "As a condition precedent to the Applicant conducting operations under Use Permit No. UP2010 -015 (PA2010 -082), the Applicant shall obtain the Planning Director's approval of a written agreement between the Applicant (as lessee) and the owner of the property located at 2750 West Coast Highway and 149 Riverside Avenue 08/05/2010 Page 7 of 8 b NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 #B (as lessors) providing parking for thirty (30) cars and seven (7) cars, respectively. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is terminated, or if the agreement is terminated for any reason, then the live entertainment rights of the Applicant to operate under the above - referenced Use Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject property." • Add a condition to read "Use Permit No. UP2010 -015 shall be subject to a one year review before the Planning Commission after the date of approval ". Scott Peotter stated that the applicant was not agreeable to the hours of live entertainment being limited to 1:00 a.m. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Amen, and Toerge, Noes: None NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — meet in djourned prior to considerate f this item ITEM NO. 8 Planning Commission reports — meeting ourned ' r to consideration of this ITEM NO. 9 item Announcements on matters that Co Ssion members ould like placed on a ITEM NO. 10 future agenda for discussion, a " n, or report. — meeting ourned prior to consideration of this item. Requests for excused nces — meeting adjourned prior to considera " of ITEM NO. 11 this item 11:30 p.m. :77" MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 8 of 8 Attachment No. CC 4 Planning Commission Resolution No. 1818 RESOLUTION NO. 1818 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010.015 TO ALLOW LIVE ENTERTIAINMENT AND DANCING WITHIN AN EXISTING RESTAURANT LOCATED AT 2800 WEST COAST HIGHWAY IN :,'ON3UNC?`ION WITH A PARKING MANAGEMENT PROGRAM FOR THE PROVISION OF OFF -SITE PARKING LOCATED AT 1750 WEST COAST HIGHWAY (PA2010 -082) 9 HE PLANNING COMMISSION OF THE CITY fir NEWPORT BEACH HEREBY FINDS AS FOLLOWS: .Sr('TION 1. STATEMENT OF FACTS, 1. An application was filed by Yu -Ter Mau, representing China Palace, with respect to property located at 2800 West Coast Highway, and legally described as the southeasterly 129.15 -foot by 130 -foot portion of Lot F, Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 29, Pages 31 to 34, inclusive of miscellaneous maps, in the office of the county recorder of the County of Orange requesting approval of a use permit. 2. The applicant requests approval of a use permit to allow live entertainment and dancing within an existing full- service eating and drinking establishment with on -sale alcohol service with off-street parking at an off -site parking lot located at 2750 West Coast Highway. 3. The subject property is located within the Retail and Service Commercial land sub -area of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 1 (MU -H1). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU -H)_ 5. A public hearing was held on August 5, 2010 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 3 (New Construction or Conversion of Small Structures). 2. The project consists of minimal change to the physical characteristics of the existing structure. The conversion of the eating and drinking establishment to allow for the addition of live entertainment includes only minor interior modifications to the existing structure for the installation of a new dance floor. 3`. Planning Commission Resolution No. ,1818- - SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: r_i; fir: hoc_ A. That the proposed location of the use is in accord with the ohjective,s of the Zoning Code and the purpose of the district in thick the site is located. Facts in Sripport of Finding_ A -7 Tne project is located in the SP -5 (Mariner's ivlile Specific flan) Zoning District within the Retail Service Cornmerciai Sub -Area. the Detail arid Service Commercial Sub - Area encourages the continuation of "marine- oriented" uses and the "marine" theme or character of the area; encourages mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibits uses, which would interrupt this continuity, and minimizes the number of curb cuts on Coast Highway. The eating and drinking establishment with existing on -sale alcoholic beverage service is a mutually supportive commercial use that serves visitors, residents, and employees in the area. Eating and drinking establishments are a permitted use in this land use district with the approval of a use permit. Therefore, the eating and drinking establishment with on -sale alcohol service and live entertainment is consistent with the purposes of the Mariner's Mile Specific Plan for the Retail Service Commercial Sub -Area. A -2. The location of the eating and drinking establishment is located within Mariner's Mile is surrounded by land uses that are dominated by retail commercial, professional office and visitor serving uses. Restaurant uses with live entertainment can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. A -3. The project site is located in an area designated for mixed -use development, but not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. A -4. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. Findin B. Thai the proposed location of the Use Pennit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety; peace, morals, comfort, or welfare of persons residing or working in or adiacent to the neighborhood of such rise; and will not be detrimental to the properties or, improvements in the vicinity or to the general welfare of the city, i ineii: J�?141?0 Planning Commission Resolution No. 1318 Facts in St1p o t of Finding: B -1. The Land Use Element of the General Plan designates the site for Mixed Use Horizontal) (MU -H1). Properties designated MU -H1 on the inland side of Coast Highway in the Mariners' Mile Corridor are intended for marine- related and highway - orlented' general commercial uses in accordance 4 ;th CNI aril, CG designations. I he existing eating and drinking establishment and' proposed live nIntcrtaiiment is consistent with this land use designation. B -2 The existing eating and drinking establishment is located in a commercially designated area and is consistent with the'and uses intended for properties fronting West Coast Highway within the Mariner's Mile corridor. The updated General Plan, adopted in 2006; provides opportunities for the integration of residential units on the inland parcels between Riverside avenue and Tustin Avenge, Due to the, potential addition of residential units in the vicinity of the project site, the project has been conditioned as reflected in the draft resolution (Attachment No PC 1) to regulate parking, trash, and site maintenance_ B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub, The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. The Police Department has provided conditions of approval to ensure the safety of the operation as proposed by the applicant. B -4. There have been no alcohol related arrests for the subject property from July 1, 2009 through July 1, 2010. Although the number of alcohol licenses within the reporting district and adjacent reporting districts is higher than the County -wide average and adjacent districts, this level is not significantly high given the nature of the land uses in the district. The percentage of alcohol- related arrests in the police- reporting district in which the project is proposed is tower than the percentage citywide. The preceding information supports the case that the subject establishment will riot become an undo burden upon police services with the addition of live entertainment. B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non- residential development. The total square footage of 5,347 gross square feet for the project site results in an FAR of 0.32. The proposed project complies with the maximum FAR permitted by the General Plan. Finding: C. That the proposed use will comply with the provisions of this Zoning Code, including any specific condition required for the proposed use in the district in which it would be located. Tmpr, �`,04'10 °�% Planning Commission Resolution No. 1818 of 12 Facts in,Si.T t of Findinct: C -1. The proposed use complies with the development standards for the SP-5 (Mariner's Mile Specific Plan) District. The existing full- service eating and drinking establishment with proposed live entertainment will not be detrimental to the site or to the community based upon the proposed conditions cf approval. the proposed conditions of app.,ovai ensure that all conflicts with surrounding land uses are eliminated or #nn, .;_rlizc i t.? the areate'st extent possible, C -2. The hours of operation have been conditioned to limit live entertainment at the establishment from 5:00 p.nn. to 1:00 a.m. The hours of operation for the establis`r, Tent will be reduced to 7:00 a.m_ to 2:00 a.m.. daily. C: -3, Fhe approved Parking Management Program will ensure adequate access and utilization of the parking areas provided both on and off -site for the subject establishment. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2010 -015 (PA2010 -082) for live entertainment at the subject establishment, subject to the conditions set forth in Exhibit A, 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. 3. This resolution supersedes Planning Commission Resolution No. 3095, which upon vesting of the rights authorized by this use permit, shall become null and void. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge NOES: None EXCUSED: F illgren r BY: Earl McDaniel, Chairman f Michael Toerge Secretary Tmplt: 04,"W10 G L) Planning Commission Resolution No. 18,18 ". M'.II.�il�ie® CONDITiONS OF APPROVAL r Prrye"t— sreclfic coo0itions are in italiCSi PLANNING 1. Use Permit rlo. 41P2010 -015 -shall be subiect to a one year review✓ before the Planning Corrrnission after the date of approval. 2. Prior to issuance of buildings permits, the applicant shall obtain a determination, in, vfnting, from the Coastal Commission that the project as proposed is not development z1. mer thr3 C'a r(. mk-' -Cd- tc l �.%:t C f ' e t�t/m Coastal "') Yrrmssio i rip, novai of the t. gruel map. 3. There shall be no live entertainment allowed on the premises without first obtaining a Live Entertainment pennit from the City, Prior to the issuance of building permits for the change of occupancy, the applicant shall obtain a Live Entertainment Permit from the Revenue Department. 4. 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. 5. The hours of operation for the eating and drinking establishment indoors shall be limited from 7:00 a. m. to 2:00 a. m., daily. The hours of operation for the outdoor dining area shall be limited from 7:00 a.m. to 92:00 midnight. 6. Live entertainment shall be permitted at the subject property from 6:00 p,m. to 9:00 a.m. 7. Dancing is allowed for the tours of live entertainment 8. The area provided for live entertainment and dancing shall not exceed 400 square feet. 9. The applicant shall provide licensed security personnel while offering live entertainment. 10. A comprehensive security plan for the permitted uses shall be submitted to the Rtevlvport Beach Police Department for review and approval. 11. All owner's, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 12. Approval does not permit China Palace to operate as a bar. tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 13. Live entertainment shall be as defined in the Municipal Code. Planning Commission Resolution No, 9818 14. The live entertainment use shall be permitted within the interior dining rooms only. Live entertainrrrent provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. The live entertainment area shall be physically identified within the restaurant area. 15. Food service from the regular rrmeiri exist be ,available to patrons rip to thirty minutes before the .s•chociL,icr ofr)si;ig tii -,r ,'. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the Controf of the licensee - 1'. No ''happy hour" type of reduced price alcoholic beverage promotion shall be allowed except wheri offered in conjunction with food ordered frofn the full service trenm_ There shall be no reduced price alcoholic beverage promotion after 3:00 p. »r_ 18. 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 or sale of drinks is prohibited. 19. The 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. 20. 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. 21. 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. 22. There shall be no on -site radio, television: video, film, or other 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 Eve, ts Permit issued by the City of Newport Beach, 23. The use of private (enclosed) "VIP" roams or any other temporary permanent enclosures separate from public areas are prohibited. 24. When oflehng live entertainment, all doors and windows shall remain closed except for the normal ingresslegress doors. The doors and windows from the primary dining roorn to the outdoor dining room shall be closed at all times during the hours of live entertainment other than for server access. 25. Live entertainment shall be permitted only within the confines of the main building. No outside paging system shall be utilized in conjunction with this establishment. No TMPI', C411411 �Y Planning COrnivission Resolution No. 1818 amplified music or entertainment is permitted in the outdoor dining area, sidewalk, or adjacent areas. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area No music will be biped into any sidewalk or adjacent areas. 26. All noise generated by the proposed use shall comply vm h the provisions of Chapter 0,2t` anc, othe,4 ap p i c Ne r1cde (,Critic! rc qu ,nne 7 ui tilt; Ne J,po't 3 each nFCr al he rna ii, iurn nois: sh,,fll Y?G 1A " {11tC: to no rnrji. than r1r.;'p lcted bclo'vv lei ti current Zoning Code for the specified tirre periods unless the ambient noise level is higher: 27. All proposed signs shall be In conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department the Public Works Department, and the Planning Department. [COA UP3095] 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition, [COA UP3095] 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. JCOA UP3095] 31. The project fighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter form the engineer stating that, in his opinion, this requirement has been met (COA UP3095] 31 All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. [COA UP3095] 33. 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 frorn 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. 7ITIPI! 04,'14;10 Bet r r sit ru at OOAM ; r c rra hoes of i and 10,0010M 10 OPh 1 ar ' r ODANI Lo„atio,F - ; Interior l Ex!ea c r I- ter ci, �xt ncr 'esr'le-tt Pr,,l r,rts. -- — a�y.3;f�. i >> �,:. — 11 - 4 ✓r r "Al 1CL,`-1 Residcnitipl Property y Ooated within 1 g5dBA 100 Beet o3 conFmer !aI �roper#� �_ 6DdBA 45dBA 0dBA ; Mixed Use t rope t, [45dBA - - - 160d6A - 45dBA 50dBA Commercial Property N/A i 65dBA N/A - - 6OdBA 27. All proposed signs shall be In conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department the Public Works Department, and the Planning Department. [COA UP3095] 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition, [COA UP3095] 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. JCOA UP3095] 31. The project fighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter form the engineer stating that, in his opinion, this requirement has been met (COA UP3095] 31 All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. [COA UP3095] 33. 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 frorn 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. 7ITIPI! 04,'14;10 Planning Cot-ninission Resolution No, 1818 Pace 8 of 12 34 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 fight-of- way. 35. The exterior of the business shall be maintained free of litter and graffiti at 211 times. The owner, or operator shall provide fo r daify ren''oval o'; trash, litter debris and cmaffifi frorn the p.,-errdses ands' on L"'I abi fliing Mjthir 'K -e =t of the pvennIS41'-' S. 36. 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 clurripsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash clumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including VVater Quality related requirements). 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p-m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 38. 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. 39. 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.) 40. Use Permit No. UP2010-0015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91,050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 41. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval, 42. 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. 43 This Use Pert-nit 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. 44. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit, 45. 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. Planning Commission Resolution No, 1818._ 46. 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_ 47. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City. its Citv Council, its boards and cornrnis,ions, officials, officers, ernployees, and agents from and against any and all darns, dermandS obiigations, damages, aCions, Causer cd ;Ctio" suits. losses, iudc gmemts, f c,.. penalties, liabilities, costs 23?c1 expenses (including without (imitation, attorney's fees, disbursements arid court costs) of every kind and nature whatsoever which may arise frorn or in any manner relate (directly or indirectly) to City's approval of the Ching Palace Use Permit for Live Entertainment including, but not limited to, Use Permit No. UP2010 -015 (P/42010 -082). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' fees, and other expenses incurred in connection with such ciairn, action: causes of action, suit or procceding 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 48. That all access to the building be approved by the Fire Department. [COA UP3095] 49. That all on -site fire protections (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. [COA UP3095] 50. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. (COA UP30951 51. The landscape plan shall place heavy emphasis on fire- retardant vegetation. [COA UP3095] Building Department Conditions 52, Strict adherence to maximum occupancy limits is required A building permit is required to allow the change in occupancy. Plan Check No. 0345 -2010 for tenant improvements to the subject property shall be revised to reflect the new calculated occupant load to accommodate live entertainment The plans shad/ calculate the occupant load, including all occupied areas, patio, and dance floor based on the CB Chapter 4, The plans shall verify that the existing number of plumbing fixtures complies with Table CBC 4 -1 (Restaurants}. All plans and work must comply with the California Building Code, 53. The applicant is required to obtain all applicable permits frorn the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 54. ,approval from the Orange County Health Department is required prior to the issuance of a building permit. TmM lr. OQ11 OJT Planning Commission Resolution No. 1818 55. The construction plans must meet all applicable State Disabilities Access requirements. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engmeer_ The handicapped parking shall be available for self - parking. [COA UP3095] 56. .-ctgl!t ljf; dt{sr :`ittiSSlG(75 1­ ��r(r.'y7 'i�a7.41i11i`Jr: u!i'£r G'.,!rISt12r :t10 ;; 5 ?k2il `i,.. rr,�r,177)'2;, i., il'y' water ng if; e site for dust control, i "c?7I911 t! ?g excavated SGtI on-site t,: lrtrtt( ft is ft fled away, and periodically washing adjacent streets to remove accumulated materials. ICOA UP3095] vi. k washout area for the r'estaararit trash containers shalt be provided u-, such a way as to assure direct drainage into the sewer system and not into the Bay or the storm drains. [COA OP3095j 58. Grease interceptors shall be installed on all fixtures in the restaurant facilities where grease ntay be introduced into the drainage systems in accordance with the provision of the Uniform Plumbing Code. [COA UP3095] 59. Kitchen exhaust fans shall be designed to control odors and smoke. [COA UP3095] 60. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. [COA UP30951 Public Works Conditions 61. A minimum of one parking space per 50 square feet of "net public area' shall be provided for the restaurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariners Mile Municipal parking lot. [COA UP3095] 62. A total of 26 parking spaces shalt be provided on -site for the full - service eating and drinking establishment during operating hours from 6.'00 p.m. to closing. 63. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750 West Coast Highway or at C'est Si Bon Bakery at 149 Riverside Avenue, #B from 6:00 p.m, to closing. Should the bank or C'est Si Bon Bakery at 149 Riverside Avenue, t#B extend its hours of operation beyond 6:00 p.m. or the property owner of 2750 West Coast Highway and at C'est Si Bon Bankery at 149 Riverside Avenue, #B terminate the parking offered to 2800 West Coast Highway, the live entertainment at the subject property shalt be invalidated unless adequate off-street parking can be obtained fro the subject property. 64. As a condition precedent to the Applicant conducting operations under Use Permit No. UP2010- 015(PA2010 -082), the Applicant shall obtain fire Planning Director's approval of a written agreement between the Applicant (as lessee) and the owner of the property located at 2750 West Coast Highway (as lessor) providing parking for thirty (30) cars. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is terminated, or if the agreement is terminated for any reason, then the live entertainment rights of the Applicant to operate under the above- referenced Use Tmp!t: 0411 4i U 1/� Planning Commission Resolution No. 1818 -- - -_ Page 1 gf j 2 Permit shall immediately terminate until replacement off-site parking, acceptable to the Planning Director, is obtained fnr the subject property. 65. Valet parking is not permitted at 2750 West Coast Highlivay. If valet parking is proposed at the off site parking location. the applicant shall submit a new valet Dpeialtior, plan. +C>. So, i on -rpjci t of �";tiv; soar. s >i+ail .J6- perrPateed 'Wi lift ?e on SiL7 ' parking a n-;)a /"COA UP3095j v; Valet parking shall be required ot) -site during operating hours from 11:00 a.tn. to :00 p.m. as long as the tandem confgurab'ori cd panting (parallel parking in the drive aisle) remains on -site. `11Y ; he a;et operation shall not impact the ,Dubuc right- ofavay. Vehicle staging, drop of` and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public - right -of -way. (COA UP3095] 69. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car, The self -park spaces shalt be clearly designated. [COA UP3095] 70. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and direct patrons to use to utilize nearby crosswalks. 71. That the on -site parking, vehicular circulation and pedestrian circulation be subject to further review by the City Traffic Engineer, and that no parking be allowed on the entrance drive within 16 feet of the property line. (COA UP3095] 72. That all improvements be constructed as required by ordinance and the Public Works Department, 3. That 13 parking permits shall be purchased from the City on an annual basis. Said parking permits shall be distributed to the employees of the restaurant for their use in parking in the municipal lot. [COA UP3095] 74. That employees of the restaurant shall be required to park in the municipal parking lot, (COA UP30951 75. The signage for take -out parking in the ADA access pathway shall be removed 76. That the intersection of streets and drives be designed to provide site distance for a speed of 35 miles per hour. Landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to the approval of the Traffic Engineer. [GOA UP3095] 77. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff at the northwesterly corner of Riverside Avenue and West Coast Highway and to 18 feet of right -of -way be dedicated to the public for street and highway purposes along Tmpl#: 04/14110 9's' PlanningCornmission Resolution No, 1818--, Paq of i 2 the West coast Highway frontage, arid that the building be relocated towards the westerly side property line so as to provide for the required corner cutoft. (CO A UP3095] 78. That prior to obtaining building permits, the Applicant shall agree he will not request aq` ustinents to renta.' fees based m, the City's acquisition of the 18-foot wide strip end coroof Cutoff. reducing t6e size Of the pa)cel /COA 70, That the future street area be landscaped and maintained bY the Applicant unlil such, throe as it is needed for street purposes. [COA UP3095] 80. That all vehiuulai access rights to Wesf Coast Highlova - v be released and r&linquisl�e('-' to the City of Newpod Beach prior to issuance of any .building permits. [COA UP30951 8t fhat street and Wility impro,Tvn,_Pots be shown or), stpodard in-iprovet-nont! plans prepared by a licensed civil engineer. [COA UP3095] 81 That the Applicant acknowledges and agrees that the proposed development will not increase the need for on-street parking along West coast Highway and therefore, tile Applicant agrees not to claim any economic loss for the removal of pal-king for the restrijoing or widening of West Coast Highway on the grounds of loss of on- street parking, [C(DA UP3095] Tn*t: Q014,1101 15� Attachment No. CC 5 Police Department Recommendation City of Newport Beach Police Department Memorandum June 29. 2010 TO: Makana Nova, Assistant Planner FROM: Detective Bryan Moore SUBJECT: China Palace Live Entertainment and Dancing Use Permit, UP2010 -015 (PA2010 -082). At your request, the Police Department has reviewed the project application for China Palace, located at 2800 West Coast Highway, Newport Beach. The applicant requests a use permit to allow live entertainment and dancing with off- site parking at an existing full - service eating and drinking establishment. The proposed dance floor is a 200 square foot area located within the existing 2,089 square foot net public area. The applicant currently has a Type 47 (General — Eating Place) license with the Department of Alcoholic Beverage Control. have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. Additionally, this location is within an RD that is over the Orange County per capita of ABC licenses. Applicant History China Palace was founded in 1980 by the applicant, Jack (Yu -Ter) Mau. The original restaurant was located at 2930 West Coast Highway. In the summer of 1985, however, China Palace relocated to its current address of 2800 West Coast Highway. Since that time, China Palace has been known as a local favorite restaurant with a reputation for serving high quality Asian Cuisine. There have been very few notable incidents with respect to police related activity. 9 China Palace UP2010 -015 It should be noted, however, that on July 26, 2009 China Palace was observed (by a NBPD Sergeant) to be the host of a private party which consisted of live music and approximately 500 people. It was later determined that a violation of the City Use Permit occurred. The applicant (owner /operator) was subsequently advised of the violation by Newport Code and Water Quality Enforcement and submitted an application to amend the Use Permit. To date, the Police Department is unaware of any additional violations. In December of 2009, the Planning director approved a request by the applicant to remodel the restaurant's floor plan. The intent of the remodel was to improve customer dining by constructing a combination block wall and glass fence located on the street side property line. Police Activities and Calls for Service Data The below information represents the time period between July 1, 2009 through July 1, 2010: TYPF CALLS /INCIDENTS NOTES Fights /Disturbance Calls 1 Suicidal Threats Miscellaneous Calls 3 Vehicle Stop, keep the peace, alarms, etc. Alcohol Related Arrests 0 (0) DUI and (0) public intoxication Use Permit Violations 1 Live Entertainment w/o permit Recommendations The Police Department has some significant concerns about the proposed addition of live entertainment and dancing. Although the applicant may have the best intentions, we know based on our local history that the combination of live entertainment and dancing often lead to a nightclub type business model; especially after 10 p.m. Even with stringent conditions in place it has been our experience (with past and present establishments) that these types of operations can become a drain on police resources and ultimately have a negative impact on the health, safety and welfare of the community. It is for the above reasons that we are projecting that the applicant's proposal will result in an increase in police related activities and calls for police services. The resources required to address these events would detract from our ability to provide police services to the other areas of the community and therefore, we cannot recommend this application (as submitted) for approval. The Police Department would not, however, be opposed to the applicant providing live entertainment (only) with certain restrictions (i.e. type of entertainment, hours, etc). 2 NO China Palace UP2010 -015 It is reasonable to believe that this could serve to enhance the dining experience for the patrons without creating an unnecessary burden on police services. Should this application be approved, the Police Department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. 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. Hours of Operation There are currently no restrictions on the hours of operation for this location. Security Should this application be approved (as submitted), the applicant shall provide licensed security personnel while offering live entertainment. 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 made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 3. China Palace UP2010 -015 Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit China Palace to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 1. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 4. 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 or sale of drinks is prohibited. 5. 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. 6. 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. 7. There shall be no on -site radio, television, video, film or other 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. 8. There shall be no live entertainment allowed on the premises without first obtaining a permit from the City. 9. There shall be no dancing allowed on the premises without first obtaining a permit from the City. 4 Sl China Palace UP2010 -015 10. Strict adherence to maximum occupancy limits is required. 11.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 12.When offering entertainment, all doors and windows shall remain closed except for the normal ingress /egress doors. 13.Amplified live music or entertainment shall be permitted only within the confines of the main building. No music will be piped into any sidewalk or adjacent areas. If you have any questions, please contact Detective Bryan Moore at (949) 644- 3725. Bryan Moore, ABC Liaison Detective Division Craig Fox, Captain Detective Division Commander 5 City of Newport Beacn Police Department Memorandum June 16, 2010 TO: Makana Nova, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the China Palace at 2800 West Coast Hwy. This area encompasses our reporting district (RD) number 25 as well as part of Census Tract 634. This report reflects City of Newport Beach crime data for calendar year 2009, which is the most current data available. Calls for Service Information City wide there were approximately 69,294 calls for police services during this time, of which 3,049 were in RD25. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,194 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,350 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 25 Newport Beach California* National* Part 1 113 2,884 1,265,920 11,149,927 Part 2 88 3,350 N/A N/A Part 1Crime Rate 3,868.87 3,297.31 3,444.06 3,667.02 The number of active ABC licenses in this RD is 21 ** Per capita ratio 1 license for every 139 residents. This reporting district had a total of 248 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 86 crimes more or 53.09% above the City wide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. 0 Arrest Information There were 27 DUI arrests and 20 Plain Drunk arrest in this area during this same period as compared to 1,270 for the entire city. This RD amounts to 3.7% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 25 Newport Beach (DUI /Drunk) 47 1,270 Total Arrests 113 3,595 California* National* 336,008 2,094,465 1,547,811 14,005,615 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 24 and RD 16 Crimes RD 24 RD 16 Part 1 155 167 Part 2 120 107 Crime Rate 3,096.60 6,003.49 Arrests (DUI/Drunk) 79 110 Total Arrests 220 323 Calls For Service 3,898 3,261 Number of active ABC licenses 9 ** 6 ** Per capita ratiol license for every 556* residents 464* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 86,252. *These numbers are from the 2008 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit W, Attachment No. CC 6 Planning Commission Staff Report 7-v„ CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 5, 2010 Meeting Agenda Item 7 SUBJECT: China Palace Use Permit - (PA2010 -082) 2800 W Coast Highway Use Permit No. UP2010 -015 APPLICANT: Yu -Ter Mao PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY The application is for a use permit to allow live entertainment and dancing within an existing full - service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2010 -015 subject to the findings and conditions (Attachment No. PC 1). China Palace Use Permit August 5, 2010 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed -Use Horizontal 1 Mariner's Mile Specific Eating and Drinking MU -H1 Plan SP -5, RSC Establishment NORTHWEST Mixed -Use Horizontal 1 Mariners Mile Specific Vehicle Rental Facilities MU -H1 Plan SP -5, RSC SOUTHEAST Mixed -Use Horizontal 1 Mariners Mile Specific Bank MU -H1 Plan SP -5, RMC NORTHEAST Mixed -Use Horizontal 1 Mariners Mile Specific Retail Tenants MU -H1 Plan SP -5, RSC SOUTHWEST Mixed -Use Water Mariner's Mile Specific Eating and Drinking Related 1 (MU -W1) Plan (SP -5, RSC) Establishments and Newport Bay I China Palace Use Permit August 5, 2010 Page 3 INTRODUCTION Project Setting The project site at 2800 West Coast Highway is located in the Retail and Service Commercial (RSC) Sub -Area of the Mariner's Mile Specific Plan (SP -5) Zoning District. The project site is located at the northwest corner of West Coast Highway and Riverside Avenue. The subject property is 16,789 square feet (approximately 0.39 acres) in area and has an 18- foot -wide right -of -way dedication to the City of Newport Beach along West Coast Highway. The project site is relatively flat and rectangular in shape, adjacent to retail tenants and vehicle rental facilities and bounded by a bank building across Riverside Avenue, and by eating and drinking establishments across West Coast Highway. The existing development consists of a 5,347 square -foot eating and drinking establishment and surface parking lot with 30 parking spaces, four of which are tandem valet spaces located in the drive aisle. The off -site parking lot, located at 2750 West Coast Highway, is 18,900 square feet (approximately 0.43 a cres) in area and is located on the southeast corner of the intersection of West Coast Highway and Riverside Avenue. The off -site parking location is currently developed with a bank building with a drive -thru teller and 30 off - street parking spaces. Project Description The applicant requests a new use permit to allow live entertainment and dancing from 6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking establishment that has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage Control license. The proposed dance floor is 200 square feet in area and is located within the existing 2,129- square -foot net public area. The application also includes a Parking Management Program for 30 off - street parking spaces, which will be provided at an off -site lot located at 2750 West Coast Highway. Back-ground The applicant entered into a lease with the property owner of the project site in 1983 to construct the existing eating and drinking establishment, China Palace. Two discretionary applications were approved for the project site: Use Permit No. UP3095 to allow the establishment of an eating and drinking establishment with on -sale alcoholic beverages and Variance No. VA1112 to waive 13 of the required parking spaces, which are provided in the Avon Street Municipal Lot at 200 Tustin Avenue. The applicant is required to pay an annual fee under the in -lieu parking ordinance in exchange for the use of these parking spaces, which are intended for use by employees of the eating and drinking establishment. The practice of in -lieu parking has been suspended through for all new uses Citywide. China Palace Use Permit August 5, 2010 Page 4 In January of 2010, the applicant requested Modification Permit No. MD2009 -029 and Accessory Outdoor Dining Permit No. OD2009 -003 (PA2009 -113) to allow the construction of a combination block wall and glass screen -wall necessary to permit a new outdoor dining area. The outdoor dining area encroaches 14 feet into the 18- foot -wide right -of -way dedication area along West Coast Highway. The project is conditioned for the removal of this outdoor dining patio should the City choose to widen West Coast Highway in the future. This application was approved and construction of the outdoor dining area is currently underway. DISCUSSION Analysis Hours of Operation The applicant has requested to maintain the current hours of operation from 11:30 a.m. to 2:00 a.m. Use Permit No. UP3095 does not specify hours of operation for the establishment. However, the 2:00 a.m. closing hour is currently regulated by the Department of Alcoholic Beverage Control (ABC). In accordance with the Alcoholic Beverage Ordinance, the Police Department has reviewed the Use Permit application and has significant concerns with live entertainment and dancing as proposed at the establishment, which currently serves alcoholic beverages. However, the Police Department is not opposed to live entertainment with restrictions on the type of entertainment and hours of operation. The Police Department recommends against allowing dancing under any circumstances as dancing together with live entertainment are consistent with a nightclub business model and would create a burden on police services. Staff is recommending that the Planning Commission limit the hours of operation for the establishment from 11:30 a.m. to 12:00 midnight to reduce the burden on police services and ensure that the establishment remains a restaurant and does not convert to a nightclub. The Police Department is recommending limiting live entertainment to a maximum of five performers and no amplified music or entertainment. Planning staff is of the opinion that the conditions prohibiting dancing, restricting the type of entertainment, and limiting the hours of operation are sufficient to ensure that the establishment does not become a nightclub. In addition, the Police Department has recommended conditions of approval that include a requirement for a security plan, licensed security personnel when live entertainment is provided, and employee training in the service of alcoholic beverages. These conditions have been incorporated into the draft resolution (Attachment PC 1). Parking for the increased intensity of the establishment is only provided after 6:00 p.m. Therefore, staff is recommending that the hours of operation for live entertainment and dancing be limited from 6:00 p.m. to 12:00 midnight. China Palace Use Permit August 5, 2010 Page 5 Live Entertainment and Dancing The project plans show that the live entertainment area occupies 200 square feet of floor area (Attachment No. PC 2). An amendment to the approved use permit would be required for an increase in size beyond 200 square feet. Per Section 5.28.020 of the Municipal Code, no person or entity shall operate, or engage in, any business or commercial enterprise which provides entertainment in a restaurant, cafe, night club, bar, coffee house, or other place of entertainment, unless such person has first obtained a Live Entertainment Permit. The project has been conditioned to require the applicant obtain a Live Entertainment Permit prior to the issuance of building permits for the occupancy change of the establishment. Parking The current parking requirement for China Palace is one parking space per 50 square feet of net public area. China Palace has a net public area of 2,129 square feet, which results in a parking demand of 43 off - street parking spaces. The existing Variance and Use Permit waived 13 on -site parking spaces (provided in the municipal parking lot on Avon Street) and 30 parking spaces are provided on -site. Four of the 30 parking spaces provided on -site were approved with valet service, which is not currently utilized. The applicant will be required to provide valet parking on -site in compliance with the conditions of approval for Use Permit No. UP3095. The Public Works Department is recommending the provision of valet parking on -site to ensure that adequate access to all of the parking spaces is maintained for patrons of the eating and drinking establishment. The addition of live entertainment will result in an increased parking demand. Staff recommends a revised parking requirement of one parking space per 35 square feet of net public area when live entertainment is provided to accommodate the use. Under the proposed project, the net floor area of the eating and drinking establishment will remain the same; therefore, the increased parking ratio would result in a parking requirement of 61 off - street parking spaces. The proposed off -site parking will provide 30 parking spaces in the parking lot located at 2750 West Coast Highway after 6:00 p.m., daily. Therefore, a total of 73 parking spaces (including the 13 municipal spaces for employees) will be provided for the establishment after 6:00 p.m. The parking demand based on the new uses for the subject property will result in an overall surplus of 12 parking spaces. Because the required parking can be provided after 6:00 p.m. without the four tandem valet parking spaces, valet parking spaces will not be required after this time. 6_� China Palace Use Permit August 5, 2010 Page 6 Parking Management Program Due to the additional parking demand for the project site, a Parking Management Program is required to address the use of the off -site parking lot for 30 off -site parking spaces provided at 2750 West Coast Highway. The Parking Management Program outlines the parking requirements as discussed above and is provided as Attachment No. PC 3. General Plan /CLOP The Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP) designate the site and the adjacent properties as Mixed Use Horizontal (MU -H1 and MU -H, respectively). Both the Land Use Element and CLUP call for parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly projection of Irvine Avenue, to evolve as a pedestrian- oriented mixed -use "village" containing retail businesses, offices, services, and housing. Those inland properties directly fronting onto Coast Highway are to be developed with highway- oriented general commercial uses. The existing eating and drinking establishment is located in a commercially designated area and is consistent with the land uses intended for properties fronting West Coast Highway within the Mariner's Mile corridor: Due to the potential addition of residential units in the vicinity of the project site, staff is recommending conditions to regulate parking, trash, and site maintenance, and to limit the hours of operation so that the establishment closes 12:00 midnight. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non - residential development. The total square footage of 5,347 gross square feet for the project site results in an FAR of 0.32. The proposed project complies with the maximum FAR permitted by the General Plan and the proportional FAR designated for commercial uses. According to the California Coastal Act, a coastal development permit is required when any improvement to a structure changes the intensity of use of the structure. The condition of approval provided in the draft resolution (Attachment PC 1) requires the applicant to obtain a letter from the Coastal Commission waiving the requirement for a coastal development permit or alternatively, obtain a coastal development permit prior to the issuance of building permits. Required Findings Section 20.91.035(A) of the Zoning Code (Required Findings) requires certain findings to be made in order to approve a use permit. The required findings and facts in support of the findings are in the attached draft resolution (Attachment PC 1). China Palace Use Permit August 5, 2010 Summary Page 7 Staff recommends Planning Commission adopt the draft resolution recommending City Council adoption of Use Permit No. UP2010 -015 (PA2010 -082) approving live entertainment and denying the applicant's request for dancing at the subject property subject to the conditions of approval (Attachment PC 1). Alternatives The Planning Commission may approve the draft resolution and recommend City Council approval of the proposed project as requested, approve a revised project, continue the item, or deny the application. Should the Planning Commission choose to approve a revised project, staff will return with a revised resolution incorporating new findings and /or conditions. Environmental Review The project is categorically exempt under Section 3, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The project consists of minimal change to the physical characteristics of the existing structure. The conversion of the eating and drinking establishment to allow for the addition of live entertainment includes only minor interior modifications to the existing structure for the installation of a new dance floor. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Ma na N va, Assistant Planner ATTACHMENTS Submitted by: F:\Users \PLN\Shared \PA's \PAs - 2010 \PA2010- 0821UP2010 -015 PC Rpt.doc E m Attachment No. CC 7 Letters from Two Adjacent Businesses Mariner's Office 2750 West Coast Highway Newport Beach, CA 92663 To Whom It May Concern: This letter will serve as authorization for Jack Mau, owner of China Palace, to use the Wells Fargo Bank parking lot during `off hours that the bank is not open. Mr. Mau and his customers may park in the Wells Fargo Bank parking lot after 6pm Monday through Sunday without recourse. Any vehicles left overnight are subject to being towed. Please feel free to contact me if you have any questions regarding the Wells Fargo Bank parking lot or this agreement between Wells Fargo Bank & Mr. Jack Mau Sincerely, Trevor D. Durham Manager, AVP Mariners Branch PA2010 -082 for UP2010 -015 2800 W Coast Highway China Palace 6 � C'est Si Bon Bakery 149 Riverside Ave., Ste. B Newport Beach, Ca. 92663 Phone (949) 645 -0447 To: Newport Beach Planning Dept. and City Manager As the owner of C'est Si Bon Bakery, I will permit China Palace the use of my allotted parking spaces of Mariner's Center after 6:00 pm(our closing time) for any overflow that might occur. My portion of the square footage of the center is 22 %. Signed: �t Dated: t 4 20 tC) Paul Kohne CEO, Cest Si Bon Bakery PA2010 -082 for UP2010 -015 2800 N1 Coast Highway China Palace d Attachment No. CC 8 Project Plans �Z 1 C 111,11,1NI Ona P UP f0 EL AT ING CHINA P/ LIFE lInTGUENIT 13 C MFDUTE PA EKING FERRI T F1 11E 1 'THE AFINER - O_NI CI PA L AVO.NIOT F ASK c IN OT PER .PUN VICINITY MAP 1 AERIAL PHOTOGRAPH 4 NOT TO SCALE (E) QUEEN PALMSSEYONU D PAR OF DOCRE B(E)GUAM \ \' M)GGNGRETEBLAB - A� / 1N'=1'-0' APPRO'rEJ PER ACCESSORY OUTDOOR DINING RERMR: CU IDOS I 2.1 DI S F NET PUBLIC AREA PER USE PERMIT NO .3095 BACK BAR AREA (E) GRACE 6. .. I tf� ♦87 F JUA OP S F BOOTH PROJECTIONS REMOVED FROM INTERIOR N P A [2] (,G,NG 69SF. PATIOAREAALLOWED (N) GLASS 1:NE BEYOND - - -\ �GP �` o OF AT AT y APPROVED IRC010 R'TEM TEMPERED BUTT JOINT WI9ILIOONE BUT _ IN 39 SF BOOTHPROJE.TRAO) TRANSFENREO TO THE ALLOWED PAID AREA J \ >. /HtH , xs�>f (NI METAL GLASS PUMP CONCRETE BLOCK WANDS SMOO TH WITH M GOTH BLOC OR VENEER PAINTED \\ \ T\ \ JF BEIGE TO MATCH EXISTING BUILDING 6\ BUILDING DP- US EFGTGwES UPEOFCQNSLEUCTICA. - CO"PANCYGROUP. FIR: QUENYAERB'. NC FIR AU9M NO AREA SUMMARY FOR CHINA PALACE RESTAURANT G �SNT 1. .,IFU APPROVED HAT PUBLIC APE : 12 S F. EV6 NG LAVRSCAPNG. 3615 BE S6J5 EKIST.NG RAISED PLANTERS- 1. SF 191E SE -1]95 BUILDING 52WSF_(5341 -811 PROPOSED INFERIOR GRAND AREA 11E1 RIGID. AREA). 2,429F PROP03E6 OUTDOOR PATIO. 6 IN 5 F. X51 S F., OF 9F.ACCESSORY OUTDOOR DINING PROPOSED LANOSERGIG IN. GE AG OF PROPOSED RAISED PLANTERi I USS S, . FIRE FEATURE ASE GF 2,208 - ARTWORK TO COXPLYWITH NE1 CALIFORNIA BUILDING CODES am TITLE m ANY CALIFORNIA ENERGY EFFICIENCY STANDARDS 2. AR" MUM OCCUPANT SHALL BE POSTER IN EACH DINING 6 WAITING AREA PER DEC I WA3 3. OCCUPANT LOAD PER TABLE 1004. 1.1 NET PUBLIC AREA(INTERIOR DINING AREA WITHNON FIXED SEATING) ORS F.i IS AO LATIN AREA (AOUTOOORDINING AREA'NITH POI SOUND) 6195F./IS 42 ALUMNI READ OBER 1000 5 RESTROCMS: & STOFAC 2 5 0 ] KITCHEN , . F.1. l TOTAL OCCUPANT LOAD. 191 4 HAD FADS REQUIRED AND PROVIDED AT MAIN ENTRANCE AND 2nd EXIT RUNV CLRNER) WITH PANIC TNRGWAREPER CBS 1X35.19 (E) WAITERS STATION AREA -� IEDOOTHB I� I •I C / I I - CT I I OC 11A I EXISTING ORATE DARNING LOT PER USE PERMIT NO SONS +I ]9ONS17ESPACES F� 2 IsF 29F IS] I I I I 10 1 E it 1] IB 19 26 21 11 13 - 25 M COIA. nCT CDNPACi m..... .�<........ _ aurtxe.... m... \ ... ppp w PROPOSEOSUSHI� Io CMESTA LBAR SEE FOOD SERVICE FLANS REMOV / I1POLI RIFRE ry yg j ( EXTINGUISHER -• t ...0. ,.. ,._ti....£.. .L,.»M.B...,. I CE RESTAURANT PATIO AREA SUMMARY FOR CHINA PALACE D PAR OF DOCRE B(E)GUAM \ \' CROSS SECTION @ PATIO TYP G1 3�\ / 1N'=1'-0' APPRO'rEJ PER ACCESSORY OUTDOOR DINING RERMR: CU IDOS I 2.1 DI S F NET PUBLIC AREA PER USE PERMIT NO .3095 BACK BAR AREA SOUSE. ALLOWED PATIO AREAPER 25 %OP ORIGINAL NPA L7 6. .. I tf� ♦87 F JUA OP S F BOOTH PROJECTIONS REMOVED FROM INTERIOR N P A [2] (,G,NG 69SF. PATIOAREAALLOWED (I NOTE ANTEPSORY OUTDOOR ONING PERMIT: OO OBANG o OF AT AT y APPROVED IRC010 REMOVE 3 BOOTHS EGI Q$ NOTE EXSi NG'NETPUBLICARE4'OFB2SF. GLA2EO FROM WALL IN 39 SF BOOTHPROJE.TRAO) TRANSFENREO TO THE ALLOWED PAID AREA J PRONNESi SG GONTINUDUB STEEL OR ALUMINUM RAILING HONG THE ENTIRE LENGTH OF THE MR E FEAT LIRE AT 4Y ABOVE THE FINISHED FLOOR O F iH E PATIO GLASS ENCLDIN.— - (NI PLANTERARFA - (E)CUEELAWER — (E) SOFFIT ELEMENT TO REMAIN (E) GLASS TO REMAIN (E) WALL REPLACE EXISTING GLASS WITH NEW SI NGIE PANE CLEAR TRANSOM GLASS MAX U, FAC1 1.19 - - MA%(RISHGL -AE IN ALUM STOREFRONT SYSTEM (M 36x ]S SINGLE PANE CLEAR GLASS COORS IN ALUM FRAME MA%U FACTOR 11 MAX(FLAND =GAG (E) PIANTER WALLTO CE REMOVED (E)WALLTOBEPEMOVED 1 EXISTING SIDE. DR LANDSCAPE EIRE OUTDOOR DINING \ \ OWING CROSS SECTION @ PATIO PROPOSEOSUSHIPREPARATION/ / 1N'=1'-0' APPRO'rEJ PER ACCESSORY OUTDOOR DINING RERMR: CU IDOS d.MOMriCXDCN PERMIT: 3(BSON BACK BAR AREA 6. .. I tf� Fl— o OF AT AT y b o- o J 3r WHIFR6000URB 19" MIN SEE SHEET FSI LANDSCAPE EIRE OUTDOOR DINING Do.R FEATURE FAM.AFEA OWING CROSS SECTION @ PATIO AREA / 1N'=1'-0' APPRO'rEJ PER ACCESSORY OUTDOOR DINING RERMR: CU IDOS d.MOMriCXDCN PERMIT: 3(BSON MLYHR a SHBOIS iArINTERIOR DINING OCCUPANT LOAD ISO EXISTING SIDEWALK PLAN VIEW FIEOS 1 I / I LHIOIUT NX REMOVEI \ j FIRE FEATURE SMOOTH PLANTER WALL SMOOTN PL IN.. WAIL WI GLASS WINDSCREEN (ED MEN i' 4U P A C I F I C (EJ QUEEN RATIO WEST ELEVATION 1- =1Rw Lm C O A S T H W Y SMOOTH PLASTER WALL WE GLASS WINDSCREEN IS) EDSBENOI Id1 i RE) SIGN P6.20i0 -Q i. for UP2010 -015 2800 W CLr:;t Highway China Pule, w Lu O cc W BPS Bryant Palmer Soto Inc 525,10 China Palace Patio China Palace Restaurant 2800 W Pacific Coast Hwy. Newport Beach oo <\, 1 of 1 I �i t rF.arrat f1t+]2ifi$.rtt $'L`k 33'F hi.*u'fN%" Jw f"Y4+/ t LINE OF NET PUBLIC AREA (TYP.) 1 W tot g ",,r , r > t Bryant Palmer Soto Inc. Ned Stanton Palmer ARCHITECTS I Jack K. Bryant ENGINEERS 2601 Aitpad Enve, Suite 310, Tonance, CA 90505 Telephone. (310) 326-9111 F. (310)325 271 5 -25 -10 China Palace Net Public Area & Furniture Layout Exhibit / China Palace Restaurant 2800 W Pacific Coast Hwy. Newport Beach PATIO AREA SUMMARY FOR CHINA PALACE RESTAURANT 2,129 S.F. NET PUBLIC AREA PER USE PERMIT NO. 3095 532 S.F. ALLOWED PATIO AREA PER 25% OF ORIGINAL N.P.A. 1Q + 87 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N.P.A. ❑2 619 S.F. PATIO AREA ALLOWED 1Q NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009 -003 APPROVED 117/2010 �2 NOTE: EXISTING "NET PUBLIC AREA" OF 87 S.F. (3 — 29 S.F. BOOTH PROJECTIONS) TRANSFERRED TO THE ALLOWED PATIO AREA Total Net Public Area: 2,042 S.F. PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT 1 of 1 SCALE: 1" = 10' -0" PA 2009 -113 FOR ILLUSTRATION PURPOSES ONLY 2 i i Attachment No. CC 9 Parking Management Program Parking Management Program 2800 West Coast Highway China Palace July 21, 2010 The following Parking Management Program for the eating and drinking establishment, located at 2800 West Coast Highway, is provided per Section 20.66.100 (Modification or Waiver of Off- Street Parking Requirements) of the Zoning Code. The Parking Management Program will employ the following management mechanisms to mitigate impacts associated with a modification of the off - street parking spaces as required by Chapter 20.66 of the Zoning Code: Off -Site Parking • 30 off -site parking spaces shall be provided at 2750 West Coast Highway or 149 Riverside Avenue. No more than 10 parking spaces may be available for use by the establishment at 149 Riverside Avenue. The use of the off -site parking spaces will be off -set by the businesses which utilize them (the bank at 2750 West Coast Highway, C'est Si Bon at 149 Riverside Avenue, and the subject establishment, China Palace, located at 2800 West Coast Highway). • The property owner of 2750 West Coast Highway may terminate this arrangement at any time. The establishment's use of these spaces shall no longer be valid if the tenant at 2750 West Coast Highway expands their operation hours later than 6:00 p. M. • The property owner of 149 Riverside Avenue may terminate this arrangement at any time. The establishment's use of a maximum of 10 spaces shall no longer be valid if the tenant at 149 Riverside Avenue expands their operation hours later than 6:00 p.m. • The applicant shall provide signage at 2750 West Coast Highway and 149 Riverside Avenue indicating that overnight parking is not permitted at the off -site parking lot and vehicles will be subject to tow if left overnight. Municipal Parking Spaces • 13 employee parking spaces are waived by Variance No. VA1112 and provided off - site at the Avon municipal parking lot at 200 Tustin Avenue. The applicant shall pay in -lieu fees to the City for these spaces on an annual basis. On -Site Parking and Valet Service • Valet service is required on -site during operating hours from 11:00 a.m. to 6:00 p.m. to ensure that all 30 parking spaces provided on -site are accessible for customers of the eating and drinking establishment. Valet parking is not permitted at the off -site location. '�I) • Valet service shall not impact the public right -of -way. Vehicle staging, drop -off, and pick -up shall occur on -site only. • The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and shall direct patrons to utilize nearby crosswalks. • The applicant shall provide signage on -site indicating the location of additional parking available at the off -site parking lot. • The signage for take -out service parking shall be removed from the ADA access pathway near the entrance to the establishment. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application China Palace Use Permit— An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, yo: may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or h written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For more information please call 939 -644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249 mnova@newl>ortbeachca.gov Project File No.: PA2010 -082 Zone: SP -5 (Mariner's Mile Speck Plan, Retail and Service Commercial Sub -Area) Location: 2800 W Coast Highway Activity No.: UP2010 -015 General Plan: MU -H1 (Mixed -Use Horizontal 1) Applicant: China Palace S411AJ, V 1p,.*� Leilani own, City le c City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: China Palace Use Permit— An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.Qov on the Thursday prior to the hearing. For more information please call 939 - 644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. Project File No.: PA2010 -082 Zone: SP -5 (Mariner's Mile Specific Plan, Retail and Service Commercial Sub -Area) Location: 2800 W Coast Highway Activity No.: UP2010 -015 General Plan: MU -H1 (Mixed -Use Horizontal 1) Applicant: China Palace r Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: China Palace Use Permit - An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportt>eachca.gov on the Thursday prior to the hearing. For more information please call 939- 644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova@newportbeachca.gov. Project File No.: PA2010 -082 Zone: SP -5 (Mariner's Mile Specific Plan, Retail and Service Commercial Sub -Area) Location: 2800 W Coast Highway Activity No.: UP2010 -015 General Plan: MU -H1 (Mixed -Use Horizontal 1) Applicant: China P lace Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: China Palace Use Permit- An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior lo, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.00v on the Thursday prior to the hearing. For more information please Gail 939 -644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova@newportbeachca.gov. Project File No.: PA2010 -082 Zone: SP -5 (Mariner's Mile Speck Plan, Retail and Service Commercial Sub -Area) Location: 2800 W Coast Highway Activity No.: UP2010 -015 General Plan: MU -Ht (Mixed -Use Horizontal 1) Applicant: China Pal ce Leilani Fown, City Cerk City of Newport Beach Waiter S Seitz 1700 Broadway Oakland. CA 94612 Walter S Seitz 2800 W Coast Hwy Newport Beach. CA 92663 Extra Labels Below for Staff Report Ruthann Independent Special Doezie Attn Barry & Pat Bolin 606 S Bayfront Tustin. CA Extra Labels Below for Staff Report Mau Yu -Ter (Jack) 2800 W Coast Highway Newport Beach, CA 92663 Easy Peel LaLels &N i A See Instruction Sheet ® ® AVEW ®5960^' r Use Avery® TEMPLATE 5960— !Feed Pape► �� for Easy Peel Feature 1 1 049 11009 049 110 17 049 110 19 Wayne Minor Mariners LLC W B Two Properties PO Box 490 456 Montgomery St #I 7TH 31752 Coast Hwy #200 San Jacinto, CA 92581 San Francisco, CA 94104 Laguna Beach, CA 92651 049 110 21 049 110 27 049 110 30 Robert Brandy ers LL 1 113 Pine Island Ct 456 Mo ery St # 17 ?H Z56 St # 17TH Las Vegas, NV 89134 San F cisco, A 94104 CA 94104 049 110 3 049 11032 049 121 18 a mor KB490 Newport Beach Waterfront PO Bo PO 2895 Roy ston PI San 1 into, CA 92581 San A 92581 Beverly Hills, CA 90210 9 121 2 049 12124 049 122 03 M r ile Co Mariners Mile Co Donna Carpenter 124E I St 424E 16th St 2600 Avon St Cos CA 92627 Costa Mesa, CA 92627 Newport Beach, CA 92663 049 12204 049 12205 049 122 06 Mariners Village & Investments LLC Earls Partners LLC & Grander Inc Jerry Wynn 2610 Avon St PO Box 19068 11900 W Olympic Blvd #100 Newport Beach, CA 92663 Irvine, CA 92623 Los Angeles, CA 90064 049 12222 049 13007 130 08 Tim Moultrup Ear rs LLC &Grander Inc Ear ls LLC &Grander Inc 21055 Carlos Rd PO Bo 8 PO Bo Yorba Linda, CA 92887 Irvine, A 92623 Irvin , CA 92623 049 13009 049 130 10 049 130 11 Dicks Dock LLC & Pelican Rusty Larson Group James Parker 209 Avenida Fabricante #200 2717 W Coast Hwy 4695 Macarthur Ct # 1040 San Clemente, CA 92672 Newport Beach, CA 92663 Newport Beach, CA 92660 049 130 14 Newport Beach Waterfront 2895 Royston PI Beverly Hills, CA 90210 049 15005 Cg Enterprises Group LLC 177 E Reno Ave #G3 Las Vegas, NV 89119 049 130 18 B Jakosky & 1 B Jakosky PO Box 3977 Palm Desert, CA 92261 049 15027 Pch Restaurant & Marina LLC 2607 W Coast Hwy Newport Beach, CA 92663 049 1500 1 P er 4695 hur Ct # 1040 New n Be h, CA 92660 Eticluettes faciles 0 peler ♦ Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 5960"` Sens de chargement d'instruction 1- 800 -GO -AVERY AFFIDAVIT OF POSTING On l -z:�, . zu 10. 1 posted the Notice of Public Hearing regarding: China Palace Use Permit. Date of Hearing;: September 28, 2010 14s4 cs From: Kiff, Dave Sent: Tuesday, September 28, 2010 1:39 PM To: Nova, Makana; Campbell, James; Curry, Keith; Brown, Leilani Subject: FW: China Palace FYI. From: AY, Inc. [mailto:cp2800 @yahoo.com] Sent: Tuesday, September 28, 2010 12:21 PM To: Kiff, Dave Subject: RE: China Palace Dear Mr. Miff, Yes, Mr. Scott Baugh represents me on this matter and we are seeking continuance for 45 days. Thank you & best regards, Jack China Palace Restaurant 1 Authrnittd to Publish Advcrhsclmnts of all kinds including public mHrc t\ Ir D Dmrce C of the Superim ('ourt of (hangc ount). Caldurnia Nu5T3 SepicMxr 29. 1961, and A 2483 3unc 11. 1963 1 l I,._ ' ^�0 SEP 29 Ati 9.00 PROOF OF PUBLICATION STATE OF CALIFORNIA) ^` ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: September 18, 2010 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 24, 2010 at Costa Mesa, California. Signatur l CIC.7YS' NOW011 NKWIN NOTICE IS HEREBY GIV EN that on Tuesday. September td, 2010, N 7N0 pis-. a public hearing will be conduct- ed m the City Council Chambers (Building A) at 3300 Newport BOOIe' raid. Newport Beach. The City Council o) the City of Newport Beach will consider the loadw mg appbca6on- OiYt prism Yin raraall . An appeal of Phnnig Commvssmrs approval OI Use Permit No. td'2010- 015 he it* China Palace Restarvam. The applic rd is repuestirq modd-rabom to the condition of W proval to aloes lorQm hours No ere entyti- ,We yid bK+ng to al low longer noun fm out door doing. yd a less restrictive pulling re Oma wn. The protect a c degyical- ly e.errpt under SeUion 15303. d the California Emvaimemal Weary An (CEQA) Guidelines; Class 3 (New CcOstrucirw Of Convemon of Small Structures). N enaested psrbn may appear and presem test momy in regard M this apphcsrt M1 n you chat. Wigs ten WIWI In court. you may be kVVW to "'M only, those issues you or someone elm raped at the city Gonad mmtaN (de scribed in this notice) W n Mitten W respondence daaroiul to the City. at or prior to, the renew. The Penh. 04 nrat, and wwwas way be viewed at tit CNy Gw►'a oNm pdOq n 3300 "ew wtwpe. a crPwd, 92663, er • N.wIs , a..w widre M seww. , 4111,106 M de M.F« polar , do more idormabon please w 9396"3209 For question regarding detan of the project Dlem contact abMaN Nova. Asystam Ptanrw. at (949) 644.3249, ne"i baled F& Nu PA2010- Dez Zeam, "P , ,5 , 1IP(Whe 5 Iae Sk (NUirwi Idle SgG6c Plan. fkue and Service Commercial Sub Ares) Beaarad Plate NU-HI Oth'addlse Horironbl I twellw 2800 W COW China Papa Labor- Broi . bd cny ckrji Pubilea BeVW Cash IAssa Dap P-M SaDtamber 18. 9576 1