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HomeMy WebLinkAbout12 - Malarky's Appeal - 05-10-11 Staff Report�EWPpRT = CITY OF NEWPORT BEACH c� City Council Staff Report Agenda Item No. 12 May 10, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: ( rti (L"\) ) V TITLE: Malarky's Irish Pub Appeal - (PA2010 -172) 3011 Newport Boulevard An appeal of the Planning Commission's approval of Conditional Use Permit No. UP2010- 039 and Comprehensive Sign Program No. CS2011 -002 authorizing the expansion and remodel of an existing eating and drinking establishment with late hours and allowing the use of off -site parking. This item was continued from the April 26, 2011, City Council meeting. RECOMMENDATION 1. Conduct public hearing; and 2. Modify the decision of the Planning Commission and adopt Resolution No. _ approving Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the draft resolution (Attachment No. CC 1). April 26, 2011 City Council Hearing On April 26, 2011, the City Council reviewed the proposed project and received extensive testimony from the public. A total of 18 members of the public spoke in support of the project. Seven residents spoke in opposition. The City Council generally supported the project as conditionally approved by the Planning Commission, with the exception of Condition No. 10. The City Council believed that Condition No. 10, which requires the interior occupancy to be reduced from 166 persons to 120 persons between the hours of 11:00 p.m. and 2:00 a.m., would be difficult to implement and enforce. 1 3011 Newport Boulevard May 10, 2011 Page 2 There was a general consensus that the applicant should be allowed to improve the business and make a reasonable return on his investment. The City Council believed that with the requirement to secure an operator license pursuant to Chapter 5.25 of the Municipal Code provided the City with the ability to effectively regulate the establishment should problems occur in the future. However, to address the concerns that the increased occupancy during late hours may potentially create a detriment to the neighborhood, Councilmember Henn made a motion to approve the project as proposed, with the following modifications: O Deleted Condition No. 10 requiring the interior occupancy to be reduced to 120 persons between the hours of 11:00 p.m. and 2:00 a.m. Added a new condition prohibiting the operator from allowing any entry or re- entry of patrons into the establishment after midnight (New Condition No. 10). Modified Conditions No. 4 and 5 to require full meal service to be provided until midnight. The City Council conducted a straw vote on the motion, which revealed support of the motion from a majority the City Council. In order to allow the applicant time to consider to the proposed action and an opportunity to present an alternative proposal that could potentially address the Council's concern, the City Council continued the public hearing to this meeting date. Revised Resolution As of the writing of this report, the applicant has not provided any new information or alternative proposals. It is anticipated that the applicant will present an alternative at the time of the hearing. however, should the applicant submit a proposal, staff will transmit it to the City Council and make it available to the public. The attached draft resolution incorporates the changes included in Councilmember Henn's motion. In addition, staff has included Conditions No. 11 and 12 to ensure that the floor plan and occupancy remains substantially the same as that currently proposed. G Condition No. 11- Sets the maximum square feet of net public area allowed within the interior of the establishment to 1,715 sq. ft. and on the outdoor dining patio to 782 sq. ft, as proposed. Application of this condition will ensure that any increase in net public area will require an amendment of this conditional use permit. Condition No. 12- Sets the maximum interior occupant load of the interior of the establishment to 166 persons. Application of this condition will ensure that in the future, the expanded dining room area is not reconfigured for bar seating or standing room, resulting in an increase in occupancy. 2 Submitted by: Dana Smith Assistant City Manager Attachments: CC 1 Draft Resolution 3011 Newport Boulevard May 10, 2011 Page 3 3 4 Attachment Sri). CC I Draft ...t 5 L RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -013 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3011 NEWPORT BOULEVARD (PA2010 -172) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Malarky's Irish Pub Inc., with respect to property located at 3011 Newport Boulevard, Assessor Parcel Number's 047 - 060 -01, 047 - 060 -06, and 047- 060-10, requesting approval of a conditional use permit and a comprehensive sign program in accordance with Sections 20.40.100, 20.42.120, and 20.52.020.E of the Newport Beach Municipal Code. 2. The applicant filed an application for a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The expansion includes remodeling the interior of the facility to create approximately 565 square feet of new dining area and the construction of an approximately 782 - square -foot outdoor dining patio. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). A public hearing was held by the Planning Commission on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the March 3, 2011, Planning Commission hearing, the Planning Commission voted 4 to 1 to approve the project as proposed, but with additional conditions that the interior occupancy be restricted to 120 persons during late hours and that the project return to the Planning Commission for a one -year review. 7. On March 17, 2011, the Planning Commission's decision to approve Conditional Use Permit No. UP2010 -013 and Comprehensive Sign Program No. 2010 -002 was appealed by City Councilmember Rush Hill. The appeal was filed to discuss and review the need to reduce the interior occupant load of the establishment during late hour operations in light 7 City Council Resolution No. _ Page 2 of 20 of the requirement of the operator to obtain an Operator License pursuant to NBMC Chapter 5.25. A public hearing was held by the City Council on April 26, 2011 and May 10, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. In accordance with Section 20.67.120.E, a Comprehensive Sign Program shall comply with a number of standards. The following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.1201. Facts in Support of Standard: A -1. In compliance with the purpose and intent of the Sign Code, the proposed Comprehensive Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, the Comprehensive Sign Program preserves community appearance by regulating the type, number, and design of signage. Tmplt: 04/14/10 8 City Council Resolution No. _ Paoe 3 of 20 Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: B -1. The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. B -2. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub. B -3. The existing tower element divides the primary frontage of the building requiring signage to be broken up into three separate wall signs. The remaining awning signs and projecting sign are minor and incidental to the primary wall signs. The north and south elevations and considered secondary frontages and consist of only one wall sign and two incidental awning signs. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: C -1. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard: D -1. The project site is for the sole use of Malarky's Irish Pub and has been designed to be effective for such a use. D -2. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed plans. TmpIC 04/14/10 0 City Council Resolution No. _ Paae 4 of 20 D -3. Consistent with Chapter 20.42, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Standard: E -1. The Sign Program requests deviation in number of signs and location. E -2. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. E -3. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. E -4. The projecting sign and awning signs are minor and incidental the main wall signage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. E -5. Allowing the signs on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: F -1. The program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Tmplt: 04/14/10 10 City Council Resolution No. _ Paae 5 of 20 Facts in Support of Standard: G -1. The program contains no regulations affecting sign message or content. 2. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of a conditional use permit. In addition to the standard conditional use permit findings, approval of off -site parking is subject to specific findings. The following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: A -1. The proposed off -site parking lot is located immediately adjacent to the subject property. A -2. The proposed off -site parking lot has been designed as an extension of the existing parking lot for the establishment. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: B -1. The required 47 parking spaces are provided entirely within the parking lot. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Findino: C-1. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. C -2. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. Tmplt: 04/14110 22 City Council Resolution No. Pape 6 of 2_ 0 Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: D -1. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement. D -2. The William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant; therefore, the parking facility will remain available, marked, and maintained for the use of the subject establishment. D -3. As a condition of approval, the required 47 spaces are to be permanently provided on -site or within the adjoining off -site lots. 3. Pursuant to Section 20.20.020 of the Zoning Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial Neighborhood Zoning District. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: A -1. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan. A -2. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Tmplt: 04/14/10 12 City Council Resolution No. _ Paae 7 of 20 Facts in Support of Finding: B -1. Eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the CN district. B -2. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. B -3. Pursuant to Chapter 5.25, the project has been conditioned requiring the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. B -4. The applicant will be required to enter into a parking agreement for the use of off -site parking, which guarantees the long term availability of the parking facilities and shall be recorded with the County Recorders Office. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding- C-1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. C -2. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. C -3. No live entertainment or dancing is proposed; however, amplified music through the use of a jukebox will be used. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress of patrons. C -4. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. C -5. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Tmplt: 04/14/10 13 City Council Resolution No. _ Page 8 of 20 C -6. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The Traffic Engineer and Fire Department have reviewed the configuration of the new parking lot extension and proposed changes to the existing parking lot, and have determined that the parking lot design will function safely and will not prevent emergency vehicle access to the establishment. D -2. The applicant is proposing to install fire sprinklers and a grease interceptor for the establishment. D -3. The site is currently served by public services and utilities D -4. The area of the site, including the off -site parking lots, is approximately 22,680 square feet and adequate in size to accommodate the subject establishment and all required parking. D -5. The site is located at the northwest corner of Newport Boulevard and 301h Street, with the building fronting onto Newport Boulevard. This is an appropriate location for an eating and drinking establishment and is compatible with other commercial uses fronting Newport Boulevard. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and Tmplt: 04114/10 /I 2 t City Council Resolution No. _ Paae 9 of 20 noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. E -2. The parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health of the community, and may promote further revitalization of the other commercial properties located along Newport Boulevard. E -3. Increased pedestrian and vehicular activity is expected during late and early morning hours as a result of the increased occupancy; however the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain of late - hour operations if objectionable conditions occur. E -4. To limit potential increases in late -hour disturbances that the expanded establishment could create through increased occupancy and to limit the number of patrons that exit the establishment at closing, the project has been conditioned to prohibit the operator from allowing any admittance of patrons after midnight. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002, subject to the conditions set forth in Exhibit A and the Sign Program Matrix included in Exhibit B, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1792 and Use Permit No. 1792 (amended), which upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, shall become null and void. 3. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, by the following vote, to wit: Tmpll: 04/14/10 215 City Council Resolution No. _ AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Tmplt: 04/14/10 10 City Council Resolution No. _ Page 11 of 20 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved plans, Comprehensive Sign Program Matrix attached as Exhibit B, and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2010 -039 and Comprehensive Development Plan No. CS2011 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The approval is only for an eating and drinking establishment defined as Food Service, Late Hours as defined by Title 20 of the Municipal Code; however, the establishment may operate with the principal purpose of the sale and service of alcoholic beverages with incidental food service after midnight. 5. Full meal service shall be provided during all hours of operation, except after midnight. 6. The hours of operations shall be limited to between 7:00 a.m. and 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 7. The outdoor dining patio shall be closed no later than 11:00 p.m., daily. 8. The Operator License required to be obtained pursuant to Condition No. 6 and Chapter 5.25 of the Municipal Code, may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 9. The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. 10. The operator shall not allow the entry or re -entry of patrons into the establishment after the hours of midnight. Tmplt: 04/14/10 27 City Council Resolution No. _ Paae 12 of 20 11. The interior net public area of the establishment shall be limited to a maximum of 1,715 square feet. The net public area of the outdoor dining patio shall be limited to a maximum of 782 square feet. 12. The maximum interior occupant load of the establishment shall be calculated by the City Building Division; however, in no case shall the maximum occupant load exceed 166 persons. 13. Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). 14. The material and color of any awning or umbrella located on the outdoor dining patio shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining patio. The outdoor dining patio, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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. 17. 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. 18. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 20. 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. 21. 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 Tmplt: 04114/10 2� City Council Resolution No. _ current business owner, property owner or the leasing agent. 22. Prior to issuance of building permits, approval from the California Coastal Commission shall be required, unless the development proposed is exempt from permit requirements. 23. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 24. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04/14/10 2� Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro e 45dBA 60dBA 45dBA SOdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04/14/10 2� City Council Resolution No. _ Page 14 of 20 30. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate), except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. A new trash enclosure shall be constructed in the location illustrated on the approved plans. The trash enclosure shall comply with the development and location standards contained in Section 20.30.120 of the Zoning Code. 33. 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. 34. 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. 35. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 37. The exterior of the premises, including signs and accessory structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 38. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter Tmplt: 04/14/10 20 City Council Resolution No. _ Paoe 15 of 20 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 39. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department in conjunction with the approval of an alternate drainage plan. 40. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 41. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 42. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 43. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited 44. 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. 45. There shall be no on -site radio, televisions, video, film or electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 46. All employees are required to park on -site. 47. A total 47 parking spaces shall be provided on -site or on the adjoining off -site locations. 48. Prior to final of the building permits, a parking agreement, which guarantees the long term availability of the off -site parking facilities for the use of the subject establishment, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Community Development Director. Tmpit: 04/14/10 21 City Council Resolution No. _ Page 16 of 20 49. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 50. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 51. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 52. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 53. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 54. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 55. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Division on demand. 56. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this conditional use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 57. The establishment shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations mode by the Police Department shall be implemented and adhered to for the life of the conditional use permit. Tmplt: 04/14/10 22 City Council Resolution No. _ Page 17 of 20 58. The applicant shall provide security personnel within the parking lot in the evenings between 11:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by patrons after the close of business. 59. The operator of the establishment shall post signs at clearly visible locations within the establishment and throughout the parking lot advising patrons to keep noise at a minimum. 60. The operator of the establishment shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 61. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malarky's Irish Pub including, but not limited to, Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 62. Automatic fire sprinklers shall be required if the occupant load is 100 persons or more. 63. Portable propane heaters are not permitted. Any proposed heaters for the new outdoor dining patio shall be either electric or natural gas installed in accordance with the California Electrical or Plumbing Code. Building Department Conditions 64. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmpll: 04/14/10 2S City Council Resolution No. _ Page 18 of 20 65. All exits shall remain free of obstructions and available for ingress and egress at all times. 66. Strict adherence to maximum occupancy limits is required. 67. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Plumbing Code, unless otherwise approved by the Building Division. Public Works Conditions 68. The proposed signs, awning, and entry canopy that project into the public right -of -way shall comply with City Council Policy L -6. 69. Prior to final of the building ,permits, the applicant shall be reconstruct the curb, gutter and sidewalk from the southerly building corner to the northerly property line along Newport Boulevard. 70. Prior to final of the building germits, the applicant shall reconstruct the existing driveway approach at the northerly portion of the project site along Newport Boulevard, 71. Implementation of valet parking shall not be permitted unless a valet operation and management plan is first submitted for review and approved by the Community Development Director and the City Traffic Engineer. Tmplt: 04114/10 2.4- City Council Resolution No. _ Page 19 of 20 EXHIBIT "B" Sign Program Matrix Tmpll: 04/14110 25 20 4WP0k r F A J � Z r'1trr0%T% City Council Resolution No. _ Paoe 20 of 20 Comprehensive Sign Program Matrix for 3011 Newport Blvd Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3200 Telephone 1 (949)644 -3229 Facsimile www.newi)ortbeachca.gov Frontage Designations: A. Newport Blvd B. 301" Street C. Northwest (Facing Shopping Center) (LF = Linear Feet / SF = Square Feet) Type of Sign Primary Frontage Secondary Frontage Newport Blvd 30th Street & Northwest (Facing Shopping Center Wall Sign (1) Maximum number of signs: 3 Maximum number of signs: 1 Maximum sign area: 75 SF Maximum sign area: 37.5 SF Maximum vertical dimension: 18 Maximum vertical dimension: 24 inches inches Minimum distance from building Minimum distance from building corner: 7 feet corner: 7 feet Projecting Sign (1) Maximum number of signs: 1 N/A (2) Maximum sign area: 10 SF Maximum Projection: 3 feet Awning Sign (1) (2) Maximum number of signs: 4 Maximum number of signs: 2 (3) Maximum sign area: 8 SF Maximum sign area: 4 SF Maximum vertical dimension: 6 Maximum vertical dimension: 6 inches inches Total Sign Area 75 SF for any combination of signs 37.5 SF for any combination of signs NOTE: Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and dated March 3, 2011. Pursuant to Section 20.42.120.F of the Zoning Code, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. (1) Subject to the regulations of 20.42.080 for sign standards by sign type, unless otherwise indicated by table matrix and or in the finding and conditions in the associated resolution of approval. (2) A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade below shall be provided. (3) Signage limited to valance only. A maximum of 50 percent of the valance area shall be used for signage. Tmplt: 04114/10 27