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HomeMy WebLinkAbout2020 - GP, CLUP, ZC, SITE DEVELOPMENT REVIEW, AND CUP AMENDMENTS TO ADD 4,745 SQ FT TO THE ENTITLEMENT FOR THE LIDO HOUSE HOTEL - 3300 Newport Blvd RESOLUTION NO. 2020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2016-001, COASTAL LAND USE PLAN AMENDMENT NO. LC2016-001, ZONING CODE AMENDMENT NO. CA2016-003, SITE DEVELOPMENT REVIEW NO. SD2016-005, CONDITIONAL USE PERMIT NO. UP2016-015 FOR THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016-061) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS 1. An application was filed by Olson Real Estate Group, Inc. ("Applicant') with respect to property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City (`Property"). 2. The Applicant requests approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 that authorized the construction and operation of a 130-room at the Property called the "Lido House Hotel." 3. The Applicant requests a 4,745 square foot increase in the maximum allowable development of the site from 98,625 square feet to 103,470 gross square feet for the Lido House Hotel. 4. Pursuant to Charter Section 423 and Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is located in Statistical Area B5 and this is the sixth amendment that affects Statistical Area B5 since the General Plan update in 2006. The five prior amendments are GP 2010- 005, GP 2011-003, GP 2011-010, GP 2012-005, and GP2012-002. The following table shows the increases attributable to the subject amendment, prior amendments, and the totals; and no vote would be required. Measure S Analysis for Statistical Area B-5 Amendments Increased Increased Peak Hour Trip Increase Density Intensity AM PM GP 2010-005 0 15,103 45.4 60.5 GP 2011-003 1 4,053 12.7 16.8 GP 2011-010 0 1,188 2.7 3.7 GP 2012-005 7 0 0 0 GP 2012-002 1 0 23,725 0 0 Planning Commission Resolution No. 2020 Page 2 Total Prior Increases 8 44,069 60.8 81 80% of Prior Increases 7 35,255 48.6 64.8 100% of the proposed 0 4,745 0 0 amendment GP2016-001 Total 7 40,000 48.6 64.8 Vote Required? No No No No 5. The Planning Commission held a public hearing on June 23, 2016, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance the Newport Beach Municipal Code ("NBMC"). SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION 1. On September 9, 2014, the City Council certified the adequacy and completeness of the Lido House Hotel Final Environmental Impact Report (SCH No. 2013111022) by adopting Resolution No 2014-80 ("Certified EIR"). 2. Upon receipt of the application for the increased floor area for the Lido House Hotel (project), the City of Newport Beach prepared Addendum No. 1 to the Certified EIR for the Project, consistent with the requirements of the California Environmental Quality Act ("CEQA"). 3. The Community Development Department has determined that the Addendum No. 1 complies with the requirements of CEQA. 4. After considering the Certified EIR, the public testimony and written submissions, if any, of all interested persons desiring to be heard, the Planning Commission finds the following facts, findings, and reasons to support adopting Addendum No. 1: a. The modified project is consistent with and implements the General Plan. b. The Certified EIR reviews the existing conditions of the City and project vicinity; analyzes potential environmental impacts from implementation of the development; and identifies mitigation measures to reduce potentially significant impacts from implementation of the development. c. The modified project does not increase development intensity or building height or associated impacts beyond the levels considered in the Certified EIR. d. Since the adoption of the EIR in 2014, no substantial changes have occurred with respect to the circumstances under which the EIR was certified for the project; and no substantial changes to the environmental setting of the project site have occurred, and no new information of substantial importance has become available that was not known and that could not have been known with the exercise of reasonable diligence at that time of adoption. Planning Commission Resolution No. 2020 Page 3 e. Since no substantial changes to the circumstances or environmental setting have occurred, and since no new information relating to significant effects, mitigation measures, or alternatives has become available, the project does not require additional environmental review, consistent with CEQA Guidelines section 15162. f. Based on these findings, the Certified EIR and Addendum No. 1, the Planning Commission has determined that no subsequent environmental impact report is required or appropriate under CEQA Guidelines sections 15162 and 15164. Addendum No. 1 satisfies CEQA's environmental review requirements for the modified project as proposed by the applicant. g. Based on the facts and analysis contained in the Addendum, the Planning Commission finds that the modified project will not have, when compared to the Certified EIR, any new or more severe adverse environmental impacts. h. The modified project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. i. The Planning Commission has considered the Certified EIR and the Addendum No. 1, and has concluded that the Addendum reflects the independent judgment of the City. j. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The increase in floor area will allow larger lobby and circulation spaces, an enclosed pre-function space, larger management offices, larger storage spaces, a larger ancillary retail space, and two slightly larger hotel rooms without increasing the number of hotel rooms. These changes constitute a 4.8 percent increase in floor area compared to the previously approved hotel plan. The area devoted to meeting rooms is decreasing and these changes are minor in nature and should enhance the hotel and the experience of guests and visitors. Planning Commission Resolution No. 2020 Page 4 3. The increased floor area does not increase the number of hotel rooms and therefore, would not increase predicted traffic or parking demands for the project. The predicted traffic to and from the proposed hotel will remain less than what the former City Hall site generated. 4. The increased floor area does not reduce publically visible open space or decrease the parking provided. 5. The increased hotel floor area would be located on the first and second level and does not increase the height of the building. The proposed hotel would remain consistent with applicable standards of the CV-LV zoning district and Coastal Land Use Policy 4.4.3-1 that limits the height of development. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval and adoption of the following: 1. Addendum No. 1 to the Lido House Hotel Final Environmental Impact Report (SCH No. 2013111022) on file in the Community Development Department and incorporated herein by reference. 2. General Plan Amendment No. GP2016-001 attached hereto as Exhibit "A" and incorporated herein by reference. 3. Coastal Land Use Plan Amendment No. LC2016-001 attached hereto as Exhibit "B" and incorporated herein by reference. 4. Zoning Code Amendment No. CA2016-003 attached hereto as Exhibit "C" and incorporated herein by reference. 5. Site Development Review No. SD2016-005, Conditional Use Permit No. UP2016- 015 based upon the findings and subject to the conditions of approval attached as Exhibit "D" and incorporated herein by reference. Planning Commission Resolution No. 2020 Page 5 APPROVED AND ADOPTED THIS 23 Id DAY OF JUNE 2016. AYES: Brown, Hillgren, Kramer, Koetting, Lawler, Weigand, Zak NOES: None RECUSAL: None ABSENT: None BY: ry m Uirn an BY: Pe t r Koettin1� Secretary EXHIBIT A General Plan Amendment No. GP2016-001 Amend Table LU-2 to modify Anomaly Location #85 as shown in the following table: Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Development Limit Additional Information Number Area Designation Limits Other Accessory commercial floor area is allowed in corijynction with a hotel 9825 _ '�? and if*is included within 85 35 CV-LV f,. thehoteh, development 103.470 sf of hotel -- limit u,Mictpal facilities are not restricted or 4 included in any 'i development limit. T tib, r EXHIBIT B Coastal Land Use Plan Amendment No. LC2016-001 Amend Table 2.1.1-1 of the Coastal Land Use Plan modify the following land use category: Table . Use Plan Categories Land Use Category Uses Density/Intensity ' The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, '� motels, hostels), goods, and servjces intended to primarily serve visi.tors,tothe CV-LV City of Newport Beach. A fire station is allowed in its current location, L(rrlited Use 103,470`gross square feet not Visitor-Serving Overnight Visitor Accommodations and including a fire'I'll station. A fire Commercial— station may not,'occupy more residences are not allowed.;Note: The CV F Lido Village LV (Visitor Serving Commercial - Lido. than 10% of theI"I project Village) category applies to the former'¢ity site. Hall Complex that�jnpludes Fire Statron:# 2 (3300 Newport BquleLard and 475° 2nd Street). 3, Y Y S 1 II EXHIBIT C Zoning Code Amendment No. CA2016-003 Amend Section 20.14.010 (Zoning Map Adopted by Reference) to modify Anomaly Location #85 as follows. Anomaly Development Development Limit(Other) Additional Information Number UmLLsfl Accessory commercial floor area is allowed in gg g ,i;.onjunpt'wn with a hotel and it is included 85 within the,',hotel development limit. 103,470 sf of hotel Municipal facilities are not restricted or :- included in any development limit. y, y; a. e l EXHIBIT D Required Findings for Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015. Site Development Review Finding: A. Allowed within the subject Zoning district; Facts in Support of Finding: 1. The site is within the CV-LV (Visitor Serving Commercial Lido, Village) zoning district and Section 20.20.020 (Commercial,,Zoning Districts Land`Uses and Permit Requirements) allows visitor accommot ations subject to the approval of a Conditional Use Permit. w; 01 V Finding: ' B. In compliance with all of the applicable criteria (beldw�; a. Compliance with this Section, the ``General Plan; this Zoning Code, any applicable specifjc plan and other applicable criteria and policies related to the use or structure'; b. The eff.cierif arrangement of strilctures on the site and the harmonious relationship &f the structures-to one another and to other adjacent development; and whether the"relationship is based'ph standards of good design; C. The compIN in`terms of bu`Ik, scale, and aesthetic treatment of structures oih4he site'bn0 adjaeerlt developments and public areas, d .-The adequacy, ,efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The.,adequacy andfpfficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s)-of-way and compliance with Section 20.30:100 (Public View Protections); and Facts in Support of Finding: 1. The proposed 130-room hotel project is consistent with the Visitor Serving Commercial-Lido Village (CV-LV) General Plan land use designation, CV-LV (Visitor Serving Commercial - Lido Village) Coastal Land Use Plan category, and the CV-LV (Visitor Serving Commercial - Lido Village) zoning district for the project site that provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and/or civic uses. Civic uses could include, but are not limited to, a community center, public plazas, a fire station and/or public parking. 2. The proposed CV-LV (Visitor Serving Commercial - Lido Village) zoning district includes setback standards (zero to 35 feet depending on height), open space (20% of the site) and building height standards (55 feet to flat roofs, 60 feet for sloping roofs and up to 65 feet for architectural features). The proposed hotel building will be setback more 69 feet from Newport Boulevard, more than 15 feet from 32nd Street, and more than 62 feet from the northerly (interior) property line all in excess of the proposed standards. The height of the sloping roof of the 4-story portion of the proposed hotel is less 58 feet, 5 inches`andall other portions of the hotel are below this height. Lastly, the proposed,site,plah..provides approximately 21.4% of the site as open space consisting of hardscapeand.landscaping between the hotel and Newport Boulevard and 32" Street in compliance,with the proposed open space standard. ` 3. The project is compatible with surrounding development and public,,spaces in terms of bulk, scale and aesthetic treatments TheJ'arge setbacks identified in statement B-2 above will help offset the taller,.portions of the proposed buildings. Hotel buildings have been designed with a one, two and three story element along Newport Boulevard while providing a significant setback from the street providing areas for public access, landscaping; ouf000r dining,and hotel use. The proposed building is over 69 feet from the Newporl.Boulevard."The portions of the hotel structure that will be three and four,stories are located along the northerly and easterly portion of Oe site away from public spaces and closer to the back of the abutting shopping center that, is developed with large buildings with heights close to 35 feet. Additionally, thesetaller components will be approximately 240 feet from planned residential uses east of Via Oporto. Based upon the project drawings, all elevations of proposed;buildings'will include consistent architectural treatments, artieula�ton and moduli�tion of building masses providing visual interest with a cpastal,architectural theme specified by the Lido Village Design Guidelines. 4. The.,project retain's te two iarge ficus trees designated by Council Policy G-1 as Landmark Trees The:{proposed project also retains the 10 existing tall date palm trees,, and provides' pedestrian areas, seating areas, and enhanced pavement increasing the aesthetic and use qualities of the setback area. The setback area also provides pedestrian connections from the intersection of Newport Boulevard and 32"d Street along the streets in furtherance of the goals of the Lido Village Design Guidelines. Lastly, the building elevations include a lighthouse architectural feature, simple gable roofs, tight overhangs, simple block massing, and wood siding all with a clear coastal theme consistent with the Lido Village Design Guidelines. 5. Access to the site, on-site circulation, and parking areas are designed to provide standard-sized parking spaces consistent with the Zoning Code, 26-foot-wide, two- way driveways, and the minimum vehicle turning radius to accommodate and provide safe access for residents and guests (including the disabled), emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 6. The project is subject to the City's Water-Efficient Landscape Ordinance (Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to issuing building permits. 7. Consistent with Section 20.30.100 (Public View Protections), the Draft EIR (Section 5.2 Aesthetics/Light and Glare) provides an analysis of potential impacts to public views from Sunset View Park, Cliff Driver,Parkrand Ensign View Park. Based upon that analysis, the proposed hotel will,blegd into the urban background and not block any important focal points including,the ho``rizoh within existing public views from these vantages. Additionally, there, are other taller buildings in the vicinity suggesting that proposed building would not be out of character despite the proposed increase in building height. Specifically, 601 & 611 Lido Park Drive and 3388 Via Lido are taller than the proposed height of the project. No significant public views through or near the project site are present in the immediate vicinity of the site. For these reasons, the analysis concludes that there will be no material impact to public coastal views. Finding: ' C. The proposed development is not .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 idthe neighborho10Id of the proposed development. Facts in Support of Finding:, 1. The;hotel project is consistent with the Lido Village Design guidelines by providing architecturally pleasing pYoject with a coastal theme with articulation and building modulation to enhance the urban environment consistent with the Lido Village Design.,,Guidelines The project provides a large enhanced setback area between the hotel and NewportIBoulevard and 32nd Street that will include pedestrian paths, seating and-landscape%areas that will create a community focal point and providing connections to.,abutting uses. 2. The project site is located in a developed commercial area with limited sensitive land uses located nearby. The overall height of the project will not materially impact any public views from General Plan designated vantages or significantly shade surrounding properties as demonstrated in Section 5.2 Aesthetics/Light and Glare of the Lido House Hotel EIR. 3. The proposed surface parking lot provides 148 parking spaces (some tandem) and through the use of valet parking that can facilitate additional on-site vehicles will accommodate 100% of the project's anticipated parking demand based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the parking lot and vehicular access thereto has been designed to accommodate and provide safe access for passenger vehicles, emergency vehicles, delivery trucks, and refuse collection vehicles, as determined by the City Traffic Engineer. 4. Direct vehicular access to Via Lido Plaza will be provided an existing driveway and easement located just west of the intersection of Finley Avenue and Newport Boulevard. The main entry to the hotel at Finley Avenue includes 16 parking spaces and area to accommodate approximately 23 carswest of a proposed parking gate to accommodate short-term registration and->alet parking and vehicle circulation without conflicting with vehicle access,to Visa Lido Plaza. The parking control gate at 32"d Street is designed and setback sufficigntly to accommodate 2 cars, fire vehicle access, and delivery trucks to—by i conflicts along 32"d Street. 5. Closing the site to unrestricted vehicularacc ss by the public through the site to 32"d Street would discontinue direct vehicular access to Via Lido Plaza„through an existing access gate located near Fire-SYation No 2:''Despite the closure of this access point, adequate vehicular access to`Uia Lido Plaza for cars, delivery trucks and emergency vehicles is currently provided bjr an existing driveway at Finley Avenue and an existing driveway from Via L1 0”",, arge delivery trucks and fire trucks can access both parking :areas at, Via Lido Plaza based upon information contained in a letter from Fusco&Engineefing dated April,,27, 2014, that is included as part of the Response to Comm&rits within.the FEIR.' 6. The project is subject to the'City's Outdoor Lighting requirements contained within Section 20.30.070 (Outdoor Lighting) of the Zoning Code. 7. Roof-top mechanical equipment will be�fully enclosed or screened from view consiatent.with the Municipal Code 8. The construction will conipty with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval shall be complied with. Conditional Use Permit r Finding: D. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The hotel with its restaurant, bar and lounges has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed hotel is located in an area which has a higher concentration of alcohol licenses than some areas, the hotel will not operate a "public premises" and appropriate licensing and enforcement will be administered by the State Department of Alcoholic Beverage Control. The location of the project in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors has been considered. Operational conditions recommended by the Police Department for the sale of alcoholic beverages, including the requirement to obtain an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related incidents. 2. The subject property is located in an area with avartetyf of land uses including commercial, retail, residential, and access the be „and bay. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. Finding: y E. The use is consistent with the General Plan and any applicable Specific'"Plan. Facts in Support of Finding: 1. The proposed 130-room hotel"�,roject` is consistent with the proposed Visitor Serving Commercial-Lido Village (CV-LV) eineral Plan land use designation, CV- LV (Visitor Serving,'Commercial Lido,Vijlage)"Coestal,Land Use Plan category, and the CV-LV (Visit&-Serving Comb6reial - Lido-Village) zoning district for the project site that p6vides'forr�the horizontal or vertical intermixing of commercial, visitor accommodations, residential, an&or civic uses. Civic uses may include, but are not limite'dao;,a comr u6ity:center; ,public plazas, a fire station and/or public parking.,, 2. The project siteis,not located within a Specific Plan area. 3. Th, nproposed land'6se and zoning amendments and hotel is consistent with the goals of and policies the Newport Beach General Plan. The City Council concurs with the''conclusion of the consistency analysis of the proposed project with these goals and policies provided in the FEIR. The mitigation measures specified in the Mitigation Monitoring and Reporting Program have been incorporated as conditions of approval. Finding: F. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. See statements A-1, B-2, and B-7 in support of this finding. 2. As conditioned, the proposed project will comply with, applicable Newport Beach ,6 Municipal Code standards. See also statements C ,' C-7, and C-7 in support of this finding. 3. The Zoning Code specifies that parking fora hotel✓be specifiedaby Conditional Use Permit with the purpose to ensure that parking is adequately "provided to meet demand. The proposed surface parking"lot'provides 148 parkin`g�spaces (some tandem) and through the use of valet parking that car,facilitate additional on-site vehicles will accommodate 100% of the prolectl;, anticipated parking demand based upon the parking analysis contained in Sec'fion 5.5 Traffic/Circulation of the Lido House EIR. Additionally,"the parking lot'an`d vehicular access thereto has been designed to accommodate and provide safe'access for passenger vehicles, emergency vehicles, delivery trucks,'and refuse colleption vehicles, as determined by the City Traffic Engineer. 4. The proposed hotel uvill provide alcohol sales in conjunction with late night hours and as such, the operator is required to obtain an Operator License from the Police Department '.pursuant to ,Chapter 5.25. This requirement is included in the conditions of approval. r Finding:- 1 G. Tho design, location„ size, operating characteristics of the use are compatible with the allowed uses in the vicinity., Facts in Support of Finding` 1. See facts in support of Finding A, B, C, D, E and F above. Finding: H. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site is approximately 4.25 acres in size and can accommodate the proposed hotel building, and adequate parking based upon project's anticipated parking demand based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the site also accommodated a large enhanced setback area comprising 21.4% of the site for public walkways, landscaping, and open space. 2. The site is directly accessible from Newport Bopleva'rd at the signalized intersection with Finley Avenue. Additionally, the ste',-is'directly accessible from 32 d Street. Adequate public and emergency vehicle access, public services, and utilities exist to accommodate the proposed hotel d'evelo�ment as concluded by the Lido House Hotel FEIR NO. ER201470'Q3 (SCH#20,13111022). The site includes Fire Station No. 2 and proposed modjfications to the vehicle access of the fire station can be accommodated at Via Oporto and 32nd Street w Finding: .- I. Operation of the use at the, Igcatlon proposed tyould 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 Fmdmg: .� 1. See facts m support of Findings A, B, C, D, E, F and H above. 41 2. The use authorized>by this permit is,nota''nightclub and its prohibition will avoid potential land use conflicts, nuisances, and police intervention potentially associated with nightclub's., CONDITIONS OF APPROVAL Site Development Review No. SD2016-005 Conditional Use Permit No. UP2016-015 Planning Division 1. The hotel development shall be in substantial conformance with the approved plans attached as Exhibit C of this Resolution except as modified by applicable conditions of approval. 2. Site Development Review No. SD2016-005 and .Conditional Use Permit No. UP2016-015 shall expire unless exercised within-24 m`inths from the date of approval of a Coastal Development Permit ;unless an LL'extension is otherwise granted by the Community Development Director or the Planning Commission by referral or appeal. 3. Prior to the issuance of building permits, approval from the California Coastal Commission is required. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or'm°odified by the conditions of approval. P implemented 5. Development shall be im lem nted in compliange with all mitigation measures contained within the approved Mitigation`Monitoring and Reporting Program of the Lido House Hotel, Final Environmental Impact Report No. ER2014-003 (SCH#20131111022). 6. The applicant shall COMO with all federal, state, and local laws. Violation of any of those laws in 'connection "Wth the�'bse may be cause for modification or revocation of Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015:x, 7. Approval of this Site;Development Review and Conditional Use Permit authorizes a .hotel which is intended for occupancy by transients for dwelling, lodging, or sleeping purposes, for periods of thirty (30) days or less. The selling of timeshares or any other form of fractional ownership of the hotel shall be prohibited. Additionally, no portion of the hotel shall be rented or otherwise used for residential,;parposes. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of the Resolution approving Site Development Review No. SD2016-005 Conditional Use Permit No. UP2014-004, including the conditions of approval within Exhibit "A" shall be incorporated into the final approved Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the Municipal Operations Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on-site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier,, Landscaping shall be located so as not to impede vehicular sight distance;to the satisfaction of the Traffic Engineer. 11. All landscape materials and landscaped areds,shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. AlJ .landscaped„ areas shall be' kept free of weeds and debris. All irrigation systems shall �be kept operable; including adjustments, replacements, repairs, and cleaning part of regular maintenance. :r 12. Reclaimed water shall be used whenever available, assuming it is economically feasible. 13. Water leaving the project site due to over-irrigation of landscape shall be minimized. If an incidepfsuch as this is reported, a:fepresentative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, ', investigate; inform and notice the responsible party, and, as appropriate, it the responsible party aid/or shut off the irrigation water. 14. Watering shall be done during the early`morning or evening hours (between 4:00 p.m,'and 9:00 a.m.) to minimize evaporation the following morning. 15. Water shall not be used ;to,clean paved surfaces such as sidewalks, driveways, parking areas, etc:'except to alleviate immediate safety or sanitation hazards. Parking areas and'vehicular driveways shall be swept on a weekly basis. 4 16. Prior to the final of,building permits, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 17. All proposed signs shall be in conformance with applicable provisions of the Zoning Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110- L to ensure that adequate sight distance is provided. All signs shall be architecturally compatible and made with high quality, durable materials. Can signs are prohibited. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut-off fixtures and light standards shall not exceed 20 feet in height. 19. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. 20. The property shall be illuminated for security and,ahe site,shall not be excessively illuminated based on the luminance recommendations, of the Illuminating Engineering Society of North America, or, if.in'the op'inlon, of the Community Development Director, the illumination creates an unacceptable negative nuisance to surrounding property. The�Community DevelopmentDirector may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Prior to issuance of the certificate of occupancy;'the applicant shall schedule an evening inspection by the Planning Division 'to confirm control of light and glare as required by applicable pro5isions-of. the Zonng•,Code and the conditions of approval. 22. The operator of the"facility shall be'responsibl`e for the control of noise generated by the subject facility including, but not,limited to, noise generated by patrons and any events°. ;conducted on the project site, food service operations, delivery/loading, operatinns�and mechanical equipment. All noise generated by the proposeduse shall comply with the `provisions of Chapter 10.26 and other applicable noise control'requirements of the Newport Beach Municipal Code 23 All'm q ,p mechanical a ui rpent shall be screened from view of consistent with the Zoning Code and''shall be'sound attenuated in accordance with Chapter 10.26 of the Newport Beach MunioipaVCode, Community Noise Control. 24. Trash"receptacles,'fq`r patrons shall be conveniently located both inside and outside of:the facility and shall be routinely emptied. All trash shall be stored within the building or within trash bins stored within trash enclosure(s). 25. 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 as necessary. 26. Storage of any materials outside of the buildings or in parking areas property shall be prohibited. 27. The trash enclosure shall accommodate a minimum of four, 4-foot by 6-foot trash bins and shall include doors and a roof structure to screen the contents of the enclosure. 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. 28. The construction and equipment staging areas shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize potential unsightly conditions. 29. A six-foot-high screen and security fence shall be placed around the construction site during construction. Construction equipment.,and`materials shall be properly stored on the site when not in use. � H r 30. Traffic control and truck route plans shall' be reviewed and;approved by the Public Works Department before implementation. Large construction vehicles shall not be permitted to travel narrow`streets as determined by the'Public Works Department. Disruption caused by constructiort,w6rk along roadv3 ys and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 31. Construction activities which rproduce,loud noiseathat disturb, or could disturb a person of normal sensitivity who works'or resides in the vicinity, shall be limited to the weekdays between the k6brs of 70,0 a:m, and,6:30 p.m., and Saturdays between the hours of 8:00 a.m. and 6:00 p.m. No Such noise occurrences shall occur at anytime;on Sundays or fiederal`holidays. 32. To the fullest' tent perr 1tt by law applicant shall indemnify, defend and hold harmless City, its. it Council its boards and commissions, officials, officers, employees, and agents,from'and against an and all claims, demands, obligations, damages, actions causes of action,'suits, losses, judgments, fines, penalties, ,,liabilities, costs .and r"expenses (including without limitation, attorney's fees, disbursements and;,court costs) of every kind and nature whatsoever which may arse from or in any'ymannerirel ate (directly or indirectly) to City's approval of the Lido'House Hotel project and Former City Hall Reuse Amendments including, but not,limited to, the General Plan Amendment No. GP2016-001, Coastal Land Use Plan Amendment No: LC2016-001, Zoning Code Amendment No. CA2016-003, Site Development;Review No. SD2016-005, Conditional Use Permit No. UP2016- 0015; and/or ;'the City's related California Environmental Quality Act determinations and the certification of the Final Environmental Impact Report No. ER2014-003 (SCH#2013111022) and Addendum No. 1. 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. Applicant shall not be required to indemnify the City from any lawsuit, or damages, costs, attorneys' fees, or other expenses related thereto, that is brought by any person or entity that is currently a party to litigation initiated by the City related to the former city hall site. Building Division 33. The applicant is required to obtain all applicable permits4rom the City's Building Division and Fire Department for demolition and constY 8tion. 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. The construction plans `must comply with the California Green Building Standards Code. ' 34. A grading bond shall be required prior to;grading permit issuance. 35. A geotechnical report shall be submitted-,to the Building Division for r.'eview prior to grading permit issuance. 36. Prior to the issuance of gradU�gj permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Int6rit (NO]) to comply with the General Permit for Construction Activities shall be'prepared, submitted to the State Water Quality Control Board for approval and made .pait of-the construction program. The project applicant Will provide the City With,'a copy of;the NOI and their application check as proof offiling with.the State Water Quality Control Board. This plan will detail measures and practices that"will be in effect during construction to minimize the;pper q rpject's imat on wateuality. r 37. Prior to issuance`of`grading'permits,JKe' applicant shall prepare and submit a Wate'r.Quality Management Plan (WQMP) for the proposed project, subject to the approval of the ;Buildiig,Department and Code and Water Quality Enforcement _Division. The WQMP sfiall provide appropriate Best Management Practices (BMPs) to ensure'tiat no violations of water quality standards or waste discharge requirements occur 38. A drainage and hydrology study shall be submitted prior to grading permit issuance. 39. A wheelchair accessible path of travel shall be provide from Finley Ave, Newport Blvd, and 32nd street including public transportation areas to all guest rooms and facilities. Proposed wood shingles shall be Class A. 40. Fire Sprinkler System shall be Type 13. Fire Department 41. A fire flow determination consistent with Newport Beach Fire Department Guideline B.01 "Determination of Required Fire Flow" shall be required for the proposed buildings prior to the issuance of a building permit. The fire flow information shall be included on final building drawings. 42. All weather access roads shall be installed and made serviceable prior to and during time of construction. 43. Fire hydrants shall be required to be located within ,400,feet of all portions of the building subject to the review and approvai, 'pf the Newport Beach Fire Department. Additional hydrants may be r, Jr' 4dependant on fire flow calculations. All existing and proposed fire hydrants within,,, feet of the project site shall be shown on the final site plan. 44. Blue hydrant identification markers shall'ybe placed adjacent to'f°°fire hydrants consistent with Newport Beach Fire Department guidelines. 45. A fire apparatus access roadshall be prov�aed,vto within 150 feet of all exterior walls of the first floor of the Bu,ilding. The route;of the fire apparatus access road shall be approved by the Fire �epairtm,ent The,'150 feet is measured by means of an unobstructed route arourid the exferior.of the building. Newport Beach Fire Department Guideline C.01 "Emergency Fire Access; Roadways, Fire Lanes, Gates and Barriers.' .> " 46. Minimum width 'of a fire,aecess roadway shall be 20 feet, no vehicle parking allowed The width shall-b6 increased to 26 feet within 30 feet of a hydrant, no vehicle parking allowed Access roads shall have an unobstructed vertical clearance,of not`less''than`'13 feet', 6;inches. Newport Beach Fire Department Guideline C01. 47 Apparatus access,roads must be constructed of a material that provides an all weather driving surface and:capable of supporting 72,000 pounds imposed load for fire apparatus and truck"outrigger loads of 75 pounds per square inch over a two foot„ area. Calculations stamped and signed by a registered professional engined.':shall certify that the proposed surface meets the criteria of an all weather driving surface and is capable of withstanding the weight of 72,000 pounds, Newport,Beach Fire Department Guideline C.01. 48. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01 "Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers." The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet unobstructed width. As amended by Newport Beach, California Fire Code Section 503.6.1. 49. All security gates shall have a Knox-box override and an approved remote opening device. Newport Beach Fire Department Guideline C.01. 50. Fire lanes shall be identified as per Newport Beach Fire Department Guideline C.02. 51. An automatic fire sprinkler system will be required and shall be installed as per California Fire Code Section 903. 52. The underground fire line will be reviewed by the fire department. A separate submittal is required which requires an "F" Permit Thd:.underground fire line is a separate submittal (cannot be part of the overhead#,fire sprinkler plans, nor precise or rough grading plans) and must be designed as?per N.B.F.D. Guideline F.04 "Private Hydrants and Sprinkler Supply.Line'Underground Piping." f 53. Standpipes systems shall be provided as set forth in California F'i Code Section 905. 54. Hood Fire Suppression system will be required for cooking appliances and plans must be submitted to the fire department for approval prior to installation. 55. A fire alarm system will be re'c,i ed and shall be irtstalled as per California Fire Code Section 907. 56. Fire extinguishers are"required and •shall ' be located and sized as per the California Fire Code:" 57. Public Safety Radio System Coverage';(800 MHz firefighter's radio system) shall be provided 'as'per Newport Beach Fire Department Guideline D.05. 58. Premises identification'shall be provided as City of Newport Beach amended California -Fire" Code (Section 505.1.1. Addresses shall be placed above or immediately adjacent'to all.doors that allow fire department access. In no case shall the numbers be less than four inches in height with a one-half inch stroke. 59. Fire' places and fire,pit clearances shall be provided as per manufacturer's recommendations.and/or California Mechanical Code requirements. 60. Awnings and canopies shall be designed and installed as per California Building Code Section 3105 with frames of noncombustible material, fire-retardant-treated wood, wood of Type IV size, or 1-hour construction with combustible or noncombustible covers and shall be either fixed, retractable, folding or collapsible. 61. All building and structures with one or more passenger service elevators shall be provided with not less than one medical emergency service elevator to all landings. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches with not less than 5-inch radius corner in the horizontal position. The elevator car shall be of such a size to accommodate a 24-inch by 84-inch ambulance gurney or stretcher with not less than 5-inch radius corners, in the horizontal, open position, shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door as per California Building Code Section 3002. 62. Plans shall be submitted to the Fire Department for plan check and approval prior to the issuance of building permits. Public Works Department 63. All improvements shall be constructed as required by Ordinance and the Public Works Department. 64. Construct new planned improvements along 32nd Street between'Npwport Blvd and Lafayette Ave, including but not limited to,`, sidewalk, curb/gutter, striping, signage, driveway, street light relocation, -barking meter post relocation, and roadway improvement. All wor„kshall be per City�Standards and approved by the Public Works Director. The cost,shall borne by the applicant. 65. The public pedestrian easement along Newport Blvd shall be a minimum of 8feet in width and clear of any,obstructions; unless otherwise approved by the Public Works and the CommunitVDevelo`pinent Departments. 66. Reconstruct,the existing broken and/or,, otherwise damaged concrete sidewalk panels, curb and,gutter` and driveway aj proaches along the Newport Blvd and 32nd Street frontages'' 67. qll existing curb,ramps,along the project frontages shall be upgraded to current ADA standards! . 68. An encroachment,nermit is required for all work activities and all non-standard improvements within the public right-of-way and public property. 69. All improvements shall comply with the City's sight distance requirement. The project driveways'shall be designed to accommodate adequate vehicular sight distance per City Standard STD-110-L. Walls, signs, and other obstructions shall be limited to 30 inches in height and planting shall be limited to 24 inches in height within the limited use areas. 70. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right- of-way could be required at the discretion of the Public Works Inspector. 71. All on-site drainage shall comply with the latest City Water Quality requirements. 72. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 73. All new and existing water services (ie. domestic, landscaping, or fire) shall have its own water meter and shall be protected by a City approved backflow assembly. 74. All new and existing sewer laterals shall have a sewer, cleanout installed per STD-406-L. 75. Water and Wastewater demand studies shall be prepared and submitted for review and approval prior to approval of the Grading Plan. If studies show that there are impacts based on the peak demand,,flows calculated, improvements to the City's infrastructures will be required at,the'cost of the develoament. r 76. All parking stalls and drive aisle widths 'shall be per City Standards'805-L-A and 805-L-B. o 77. A Valet Operations Plan shall be reviewed,and`approved by the City Traffic Engineer and the Community, Deyelopment ,Djrector prior to the issuance of a certificate of occupancy. Future,,changes to the plan shall also require the review and approval. 78. All valet operation shall°be accommi9dated on-site 79. Tandem parking,"spaces rshall be signed and used for valet parking only. They may be used for long term ireserved parking. They should not be used for public parking. 80. AllI,andscaping, Ihardscape, ground cover, and trees within the project site and along the Finley Ave, ,,Newport Blvd, and 32nd Street frontages shall be maintainedby the applicant.. 81. Remove pendant -lighting along Finley Ave to provide adequate vertical clearance. Police Deaartm6nt 82. State Department of Alcoholic Beverage Control license types classified as "Public Premises" shall be prohibited. 83. If required by the State Department of Alcoholic Beverage Control, the applicant shall provide the Chief of Police a statement of facts showing why the issuance of alcohol licenses for the proposed project would serve public convenience or necessity. 84. Approval of this Site Development Review and Conditional Use Permit does not permit the hotel or its restaurants, bars, lounge, or assembly areas to operate as a nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves such permit. 85. Prior to the issuance of final building permits, the operator as well as future operators of the hotel shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late-hour nuisances associated with the operation facility. "Aq� ' 86. Prior to occupancy and operation of the proposed,hotel,, nd its ancillary uses, a comprehensive security plan shall be submitted ,to th "'I"Newport Beach Police Department for review and approval. 87. There shall be no exterior advertising'or signs of any kind or;type, including advertising directed to the exterior `from within, promoting or Jndicating the availability of alcoholic beverages. Interior displays'>of alcoholic`beverages or signs which are clearly visible to the exterior shalt"constitute a violation of this condition. `' 88. No "happy hour' type of reduced ;p'rice alcoholic beverage promotion shall be allowed except when offered in conjunction with food 01rdered from the a full service menu. 89. No games or, contests `requiring or involving the consumption of alcoholic beverages shall-be permitted.. X 90. All persons selling alcoholic beverage's shall be over the age of 21 and undergo and successfully complete a`ce tified'ara ming program in responsible methods and skills for selling `alcoholic beverages. The certified program must meet the standards of the Galifolnia Coordinating Council on Responsible Beverage Service or other certifyingAcensing"body, which the State may designate. Records of each owner's, manager's and employee's successful completion of the required certified training program sliall,be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 91. The operatorof.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. Pre- recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 92. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the hotel, hotel restaurant or lounge facility. 93. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 94. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. "eiril " 95. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the,�aproved 'use, as conditioned, or that would attract large crowds, involve thesale 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. vl.. 96. There shall be no on-site radio, televisions, wideo;Jilm, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without firsteebtaining an approved Special Event Permit issued by the City,of Newport Beach.` 97. Any event or activity stagedby an outside promoter or entity, where the applicant, operator: owner or his employees or representatives share in any profits, or pal.y any jiercen , e or coRmission to a'promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 1 98. They operator of thej establislmen`t 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.